Today (10th April 23) further detailed arguments held at Hon’ble High Court, Kerala on the writ petitions filed by Shri Saheer &, Ors, AIGETOA Vs GOI, EPFO & BSNL on the need of 26(6) approval alongwith the online enhanced pension option processor. The heated arguments lasted about 1hr 20 minutes where Sr. Counsels from employees side (represented by Shri Saheer & Ors, AIGETOA & Ors ) and EPFO side were present. Our advocates placed all the relevant documents and the deliberations gone through all the nitty gritty part of HonSC Judgement dated 4/11/22, RC Gupta judgement, Sasikumar Judgement etc . Our legal team had placed various circulars from EPFO and strong arguments in support of employees due rights. The point matter on Unexempted organizations ( BSNL ) also referred specifically.

Hon’ble Bench (this was the 4th sitting on the matter) was very much concerned about the employees right to submit the options and made comments against on EPFOs stand on 26(6) approval submission.After strong arguments from our counsels Hon’ble Bench posted the case for orders on 12/04/2023. Final concluding remarks to EPFO was that they can submit suggestion if any on positive side , so that how to allow employees to submit the option under 11(4) without obstructions. Let’s hope for the positive outcome. AIGETOA and its team is a firm believer in appropriate action at the appropriate point of time and accordingly, we went through the actual process to be followed through legal way.

The Employees Provident Fund Organization (EPFO) has fixed the interest rate at 8.15% for financial year 2022-23 as per the press release issued today. The Central Board recommended 8.15 % annual rate of interest to be credited on EPF accumulations in members’ accounts for the financial year 2022-23.

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Today 23.03.2023 detailed arguments held on the need of 26(6) approval submission along with EPF Enhanced Pension Option collection. Our counsel placed that the 26(6) option can be submitted without insistence of date as per earlier judgement on WPC 13120/2015 & Connected cases where our Kerala team along with 504 applicants were direct petitioners. The Counsel from EPFO requested for a time till next Thursday so as to get seek clearance on the same by EPF Head office.

The hearing is posted for 31.03.2023

As updated by AIGETOA earlier, the next hearing of the case filed by AIGETOA Kerala Circle Chairman Shri S Saheer & Others is listed for today (23.03.2023) at Hon’ble High Court of Kerala.

This hearing already got national importance which explore the clarification of 26(6) approval incase of those employees & employers who were already contributing to the tune of full wages to EPFO along with administrative charges from date of appointment/enrollment.

The BSNL Recruited Employees, Employees of other firms irrespective whether Executives or Non Executives, Casual or Contact Labour’s are eagerly waiting for the outcome of the same.

Let’s hope for a positive outcome.

The Kerala High Court has issued a notice to the Union government and the Regional Provident Fund Commissioner (Pension) on a writ petition challenging the requirement to furnish proof of having paid higher provident fund contribution under para 26 (6) of the Employees Provident Fund Scheme by the employees for getting higher pension.

In a writ petition, Sh Saheer S and other 19 employees of the BSNL in Kerala contended that the High Court had held in the Sasikumar case that employees were entitled to exercise option stipulated by para 26 (6) of the EPF Scheme without being restricted by a date.

The EPFO could not exceed what has been directed by the Supreme Court and therefore the link released with regard to the option under para 26 (6) should be disabled or corrected as otherwise none of the employees/employers would be able to exercise the option under para 11 (4) of the pension scheme.

The writ petition filed by Shri S Saheer & Others Vs GOI & EPFO came for hearing at Hon’ble HC, Kerala on 15/3/2023. As informed earlier, the Writ petition sought the clearance for the BSNL employees on the approval pertain to 26(6) and further processing on 11(3)/11(4) as needed for EPF enhanced pension.

The detailed arguments happened for about 30 mins and our advocate argued so as to enable the employees to file online application for higher pension. The Sr. Council from EPFO argued for disposal of our writ petition, but on detailed arguments Hon’ble Bench posted the case to 23/03/2023 with direction to respondents to submit their pleadings. We are hopeful for a positive outcome which will help the eligible employees to submit the options soon.

AIGETOA CHQ Representatives along with BSNL representative visited EPFO HQ and met higher level officers in respect of problems faced by BSNL officials due to mandatory uploading of Joint option under para 26(6) of EPF scheme while filing higher option on EPFO portal.

We requested them to settle this problem by way of clarification so that we can opt higher pension within due date. We also handed over BSNL letter dated 10th March 2023 and request them to do the needful on urgent manner.

They told that matter is under active consideration and it will be resolved shortly.

As per request of AIGETOA vide it’s letter dated 09.03.2023, BSNL Management takes up the matter with CPFO. We assure one and all that AIGETOA is following all the developments and will take all necessary actions to ensure that the Higher pension option to all the willing executives is extended.

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AIGETOA writes to CMD BSNL for immediate intervention on the clarification of permission from CPFC/RPFCs for allowing the BSNL Recruited Employees contributions above the statutory prescribed limit in light of various directions from Hon’ble Apex Court/ Hon’ble HCs.

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