Update On EPF case wrt approval of Para 26(6)

Update On EPF case wrt approval of Para 26(6)

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.

Kerala High Court issues notice to Centre, PF Commissioner on plea against proof for higher contribution :

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.

EPF Full pension option Legal update :

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.

Update on EPF Pension Option in Higher Wages:

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.