Provide pension benefits to staff of exempted firms: HC
TIMES NEWS NETWORK
Chennai:28.03.2019
Noting that pension is neither a charity nor a largesse to be claimed as a matter of concession and that it is a right which is accrued to all employees of pensionable service, the Madras high court on Wednesday directed the Employees’ Provident Fund Organisation to provide benefit of enhanced pension on the basis of actual salary received for employees of exempted establishments as well.
Justice V Parthiban passed the order while allowing a batch of pleas moved by employees of such exempted establishments.
Exempted establishments are institutions that have their own provident fund trust maintained by the establishment itself.
“The minimum expectation of such employees in the evening of their life is to be compensated modestly. The world around us is rotating on a materialistic axis and every humble citizen becomes vulnerable and exposed to harsh realities of life. Life always revolves around hope, and for pensioners, an adequate pension is the only hope left in their remaining part of life. Without that hope, the final phase of existence becomes too mundane and impoverished. Therefore, the right to receive adequate pension is implicit within the framework of the Constitution, particularly in terms of Article 21of the Constitution,” Justice Parthiban said while passing the order.
Employees of both exempted and unexempted establishments are entitled to the benefit of enhanced pension on the basis of their contribution with reference to the actual salary received by them to their provident fund accounts, the court concluded. This apart, the court also declared the cutoff date prescribed by the Employees’ Provident Fund Organisation to subscribe to the scheme as invalid.
TIMES NEWS NETWORK
Chennai:28.03.2019
Noting that pension is neither a charity nor a largesse to be claimed as a matter of concession and that it is a right which is accrued to all employees of pensionable service, the Madras high court on Wednesday directed the Employees’ Provident Fund Organisation to provide benefit of enhanced pension on the basis of actual salary received for employees of exempted establishments as well.
Justice V Parthiban passed the order while allowing a batch of pleas moved by employees of such exempted establishments.
Exempted establishments are institutions that have their own provident fund trust maintained by the establishment itself.
“The minimum expectation of such employees in the evening of their life is to be compensated modestly. The world around us is rotating on a materialistic axis and every humble citizen becomes vulnerable and exposed to harsh realities of life. Life always revolves around hope, and for pensioners, an adequate pension is the only hope left in their remaining part of life. Without that hope, the final phase of existence becomes too mundane and impoverished. Therefore, the right to receive adequate pension is implicit within the framework of the Constitution, particularly in terms of Article 21of the Constitution,” Justice Parthiban said while passing the order.
Employees of both exempted and unexempted establishments are entitled to the benefit of enhanced pension on the basis of their contribution with reference to the actual salary received by them to their provident fund accounts, the court concluded. This apart, the court also declared the cutoff date prescribed by the Employees’ Provident Fund Organisation to subscribe to the scheme as invalid.
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