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Nov 4 • 11 tweets • 5 min read
#SupremeCourt to deliver judgment in appeals filed by Employees’ Provident Fund Organisation against a decision of the Kerala HC setting aside amendments on “determination of pensionable salary” under the Employees Pension Scheme (EPS) of 1995 as “ultra vires” #EPFO
EPFO had argued that the EPS would face a “complete collapse” if the Kerala High Court judgment was allowed to hold fort #Epfo
Case is around the controversial amendments made to Clause 11(3) of the EPS-1995 #EPFO
SC: there are 4 writ petitions. notices were not issued we have anticpated appearence of union in those and recorded the same points.

#EPFO #SupremeCourt
SC: the provisions contained in the notification GSR dated 22.8.2014 are legal and valid. present members of fund are concerned some provisions of the scheme have been read down

#EPFO #SupremeCourt
SC: amendment to the pension scheme shall apply to exempted establishments like regular establishments, what we have directed for exempted will be applicable to regular as well.
SC: members who did not excercise option as it was before 2014, shall be eligible to excercise option under 11(4)

#EPFO #SupremeCourt
SC: regarding validity of the post amendment scheme, all the employees who did not exercise option due to non clarity ought to be given more time to exercise option and thus deadline stands extended by another 4 months

#EPFO #SupremeCourt
SC: employees who retired before the scheme 2014 would not benefit from this judgment, the ones who retired after the 2014 scheme after the exercising of option shall take benefit

#EPFO #SupremeCourt
SC: we have suspended a part of our order for 6 months so that authorities can generate the funds and it is upto the framer of legislation for any amendment etc

#EPFO #SupremeCourt
SC: we do not find any fault in changing the basis for the finding the computable salary for such purposes. the contempt petitions are disposed off. all appeals are allowed and judgments are modified accordingly. petitions by employees also disposed off

#EPFO #SupremeCourt

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More from @barandbench

Bar & Bench Profile picture
Nov 4
#EPFO judgment from #SupremeCourt explained in points:

1. 2014 amendment upheld with suitable reading down
2. Law laid down in RC gupta has been upheld
3. 3. For employees in service and were not allowed to exercise option pre 2014 under proviso to 11(3)— they shall be entitled to exercise said option under amended 11(4) #EPFO #SupremeCourt
4. For employees that have retired — if they retired prior to 2014– they cannot exercise the option— #EPFO #SupremeCourt
Read 4 tweets
Bar & Bench Profile picture
Nov 4
The Delhi High Court will hear today a plea to make Twitter's new owner and billionaire Elon Musk a party to a petition regarding suspension of Twitter account.
#delhihighcourt @elonmusk
An application has been moved in an already pending petition before HC to make musk a party after a change in the ownership of Twitter.
Musk bought Twitter for over US$ 40 billion.
#DelhiHighCourt #Twitter
@elonmusk
The application argues that Musk has a very different approach to free speech and therefore his views are important to be heard.
#DelhiHighCourt #Twitter #ElonMusk
Read 7 tweets
Bar & Bench Profile picture
Nov 3
A court in UP awarded death sentence to two accused for gang rape and attempt to kill a minor girl.
"It's a pity that in our country, Maa Durga is worshiped as Shakti, Maa Saraswati is worshiped for learning, Maa Lakshmi is worshiped for wealth....in that country such heinous and brutal gang rape of a minor victim puts a question mark on the whole society" UP Court
"Why has our society become so narrow..why does he consider women around him present in form of goddesses to be objects of enjoyment from point of view of lust and does not leave not only adult women but also small girls for fulfillment of his lust' the judge states in the order
Read 4 tweets
Bar & Bench Profile picture
Nov 3
Supreme Court hears a transfer petition seeking transfer of family case on the grounds of convenience of the wife.

Counsel for the husband opposes plea: Her only ground is that she is a woman.

#SupremeCourt
Husband counsel: She is highly educated, she is perfectly fit and fine. She is a PhD holder. Why she needs someone to accompany her to Pune? Moreover, why does she need a person in her life who doesn't want to live with her?

#SupremeCourt
CJI UU Lalit: I quite see the forceful submission made by you.. unfortunately, the ethos which has developed in this court is.. convenience of the wife is paramount. Therefore, to say that wife can travel to Pune to Patiala, the same applies to husband as well.

#SupremeCourt
Read 6 tweets
Bar & Bench Profile picture
Nov 3
CJI UU Lalit led bench takes up the case where it had directed the registry to furnish reasons why a case was not listed for over a year even though the case was ready for listing

#SupremeCourt
CJI UU Lalit and Justice Bela Trivedi discuss the case #SupremeCourt
CJI:Pursuant to direction of this court on Nov 1, a report dated Nov 2 under signature of concerned registrar has been placed before us. The report makes a ref to certain acts of some of the officials. Before we take any view in the matter.
Read 7 tweets
Bar & Bench Profile picture
Nov 3
Single judge Justice CV Bhadang of #BombayHighCourt unable to complete judgment in appeal by Salman Khan against neighbour in defamation suit.

@BeingSalmanKhan
Justice Bhadang: Unfortunately I am unable to complete the judgement. I tried my level best till last evening also. But unfortunately there was vacation and then administrative work, and I had other assignments. I will have to list this as part heard.
Justice Bhadang: I understand the apprehension of the parties and that substantial time and efforts went into this. I would have loved to decide this case either way. Unfortunately this came at the fag end of my career.
Read 5 tweets

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