What is the case about
The issue of this case is related to the legal entitlement which petitioners have for higher pension in light of the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952.
The EPF organization gave to the employees the facility to submit the options through online mode through necessary links for it on their website.
The grave concern herein is that earlier it was never mandated for submission of options instead higher contributions were accepted by the EPFO.
The said form is formulated in such a fashion that, unless the details of the option under para 26 (6) of the Scheme, 1952 are incorporated, they cannot successfully submit the online options.
CONTENTIONS OF THE PARTIES
The learned counsels for the petitioners pointed out that since all along EPFO never insisted for submissions of options. Infact, even without formal options from the employees, EPFO accepted higher contributions. The concern arises that if petitioners fail to submit their options before the cut-off date then they will be swiped away from the benefits of the Scheme for which they are legally entitled.
The counsel for the respondents vehemently opposed thr prayer of the petitioners. It was submitted that the option was a necessary requirement to be filled for availing the benefits.
JUDGEMENT OF THE COURT
The court allowed the appeal of the petitioners and fixed the cut-off date 3.05.2023 for submitting the options.
The court held that in light of the peculiar nature of the online facility and insistence from the EPFO to furnish the details of the option under para 26(6)of the Scheme, 1952, petitioners are prevented from submitting the options.
Court directed the EPFO to make adequate provisions in their online facility to enable the employees/pensioners to furnish the options.
Court directed that if modifications cannot be made in the online setup then feasible alternate arrangements must be made.
Supreme Court settled the balance of convenience. What fo you think about the matter let us know in the comment section.
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