Vineet Agarwal S/o Sh v. B. Agarwal, Aged About

Judgment

10. Shri Govind Sharma S/o Sh. Laxmi Kant Sharma, Aged About 69 Years, Resident Of G1-30M Apparel Park, Jagatpura, Jaipur, Fpf No. 4312.

11. Mahendra Kumar Nathuramka S/o Sh. L. N. Nathuramka, Aged About 62 Years, Resident Of B-17-A, Chomu House C-Scheme Jaipur, Uan No. 100208099758.

14. Heera Lal Jatav S/o Sh. Mokham Singh, Aged About 62 Years, Resident Of 107, Shri Kalyan Nagar, Kartarpura, Jaipur, Uan No. 100163522958. Prahalad Rai Gomlada S/o Sh. Ram Chandra, Aged About 60 Years, Resident Of B-79, Bajaj Nagar, Jaipur, Uan No. 100275326507. Shiv Raj Singh Shekhawat S/o Sh. Mangu Singh Shekhawat, Aged About 62 Years, Resident Of A-2 L.s. Nagar, Naya Khara, Near Biyani Girls Collage Vidhadhar Nagar Sector-1, Jaipur, Uan No. 100351660501.

15. Hanuman Sain S/o Sh. Hazari Lal Sain, Aged About 64 [2025:RJ-JP:26166] (2 of 20) [CW-6498/2019]

23. Years, Resident Of 2813, Chudi Walon Ka Mohalla Ghee Walon Rasta, Opp. Padmawati Senior Secondary School, Johari Bazar Jaipur, Uan No. 100160530046. Sohan Lal Sharma S/o Sh. Hardev Ram Sharma, Aged About 63 Years, Resident Of Dhabali, Ani, Labana Jaipur , Uan No. 100359100544. Dinesh Chandra Pareek S/o Sh. Deen Dayal Pareek, Aged About 68 Years, Resident Of B-78, Vaishali Marg, Vaishali Nagar, Jaipur, Fpf No. 2445. Ramesh Chand Gupta S/o Sh. Ganga Sahai, Aged About 63 Years, Resident Of 196, Avadhpuri -Ii, Mahesh Nagar, Jaipur, Uan No. 100304491885. Rajni Joshi W/o Sh. A. K. Sharma, Aged About 66 Years, Resident Of A-31, Dadu Dayal Nagar, Mansarovar, Jaipur, Fpf No. 2434. Kumar Lalwani S/o Sh. Jethanand Lalwani, Aged About 64 Years, Resident Of 4/114, Jawahar Nagar, Jaipur, Uan No. 100198106450. Sharwan Lal Gurjar S/o Sh. Bhola Ram Gurjar, Aged About 62 Years, Resident Of Samda Ward Panch Ki Dhani Uan No. Gaav Kherwadi 100348908364. Sewapura, Jaipur, Rajendra Prasad Sharma S/o Sh. Kalyan Prasad Sharma, Aged About 64 Years, Resident Of 71/262, Shopur Road, Pratap Nagar, Sanganer, Jaipur, Uan No. 100294821595. Chandan Singh Taragi S/o Sh. Naryan Singh, Aged About 62 Years, Resident Of 107, Deep Vihar Colony, Panchayawala, Sirsi Road, Jaipur, Vaishali Nagar, Jaipur, Uan No. 100122490563.

24. Mahesh Narain Mathur S/o Sh. Raj Narain Mathur, Aged About 66 Years, Resident Of 329, Raj Bhawan Mahaveer Nagar-I, Tonk Road, Jaipur, Fpf No. 2566.

29. Jagdeva Ram S/o Sh. Mota Ram, Aged About 62 Years, Resident Of Indra Gandhi Nagar, Balotra, Distt. Barmer, Uan No. 100170349218. Bhala Ram S/o Sh. Kalu Ram, Aged About 62 Years, Resident Of Balaknath Kutiya Ke Pass Rabariyon Ka Tanka, Balora, Distt. Barmer, Uan No. 100110362177. Laxmi Devi W/o Late Jagdish Prasad Meena, Aged About 56 Years, Resident Of Post- Akhepura, Teh. Amer, Jaipur, Uan No. 100170617139. Gangu Ram Meena S/o Sh. Prabhati Lal Meena, Aged About 61 Years, Resident Of Vill.- Bada Gaon Bhatiya, Teh. Amer, Jaipur, Uan No. 100151180586. Rajendra Prasad Sharma S/o Sh. Sitaram Sharma, Aged About 66 Years, Resident Of J-35, Mithala Vihar, Near Rajat Path, Mansarovar, Jaipur, Fpf No. 2470.

30. Rameshwar Lal S/o Sh. Kishana Ram, Aged About 61 [2025:RJ-JP:26166] (3 of 20) [CW-6498/2019]

44. Years, Resident Of Vill.- Sawami Ki Dhani , Ram Nagar, Post-Gungara, Sikar, Uan No. 100305705852. Indu Bala Barthuniya W/o Late Kanhaiya Lal Barthuniya, Aged About 61 Years, Resident Of C-27, Indra Vihar, Kota, Fpf No. 7440. Ashok Kumar Mehta S/o Sh. Nemi Chand Mehta, Aged About 64 Years, Resident Of Flat No. 14, Plot No. 206, 2Nd Paota, Jodhpur, Uan No. 100093880908. Babu Lal Nai S/o Sh. Bhauri Lal Sain, Aged About 68 Years, Resident Of Teh. Wazirpur, Sewa, Sawai-Madhopur, Fpf No. 5619. Ashok Kumar Jayaswal S/o Sh. Ishwar Chand, Aged About 63 Years, Resident Of 167-B, Subhash Nagar, Bhilwara, Uan No. 100093847546. Ramji Lal Sharma S/o Sh. Gopi Lal Sharma, Aged About 61 Years, Resident Of 96, Hari Nagar, Keshav Vidhyapeeth, Khor Road, Jaisinghpura, Shekhawatan, Jaipur, Uan No. 100305950936. Vishnu Datt Agarwal S/o Sh. Govind Prasad, Aged About 71 Years, Resident Of 750, Mahaveer Nagar, Tonk Road, Jaipur, Fpf No. 169. Jagdish Prasad S/o Sh. Chauth Mal, Aged About 64 Years, Resident Of 66, Laxmi Nagar, Hatawara Road, Jaipur, Uan No. 100170606922. Chittar Mal S/o Sh. Prabhu Lal, Aged About 61 Years, Resident Of 194-195, Janta Nagar, Rakhadi ,jaipur, Uan No. 100125339034. Chatur Mal Jethawani S/o Sh. Bassar Mal Jethawani, Aged About 66 Years, Resident Of 3/299, Malviya Nagar, Jaipur, Fpf No. 65. Lala Ram Swami S/o Sh. P.d. Swami, Aged About 65 Years, Resident Of G-37, Surbi, Sidarth Nagar, Opp. Sector-11, Malviya Nagar, Jaipur, Uan No. 100203244020. Suresh Kumar Gupta S/o Sh. G. D. Gupta, Aged About 63 Years, Resident Of 3, Opp. Jain Temple, Mahashakti Nagar, Kamla Naheru Nagar, Ajmer Road, Jaipur, Uan No. 100374141355. Purnima Saxena W/o Sh. S. G. Saxena, Aged About 63 Years, Resident Of 23/154, Swarn Path, Mansarovar, Jaipur, Uan No. 100272978702. Kamlesh Chopra W/o Sh. T Chopra Keshavn Nair, Aged About 69 Years, Resident Of 51/55 Saryu Marg, Mansarovar, Fpf No. 244. Kamlesh Sharma W/o Sh. Manmohan Sharma, Aged About 70 Years, Resident Of 6-Ga-8A, Triveni Nagar Apartment, 4Th Floor, Jawahar Nagar, Jaipur, Fpf No. 2475.

45. Ganesh Prasad Garg S/o Sh. Ram Gopal, Aged About 67 [2025:RJ-JP:26166] (4 of 20) [CW-6498/2019]

58. Years, Resident Of 2-A, Agarasen Colony, Dadabari, Kota, Fpf No. 3492. Heerander Rankawat S/o Sh. Champa Lal Rankawat, Aged About 61 Years, Resident Of H-80, Vallabh Garden, Sudarshan Nagar, Bikaner, Uan No. 100163555734. Rashid Uddin Khan S/o Sh. Bashir Uddin Khan, Aged About 67 Years, Resident Of 107, New Akashwani Colony, Akhawan, Kota, Fpf No. 6324. Girish Kumar Gupta S/o Sh. B. R. Gupta, Aged About 62 Years, Resident Of B-119, Hari Marg, Malviya Nagar, Jaipur, Fpf No. 7604. Jayesh Ranjan Gupta S/o Sh. Jodh Raj Gupta, Aged About 60 Years, Resident Of R-20, Raj Aangan, Nri Colony, Pratap Nagar, Jaipur, Fpf No. 5017. Bhagwat Prasad Gupta S/o Sh. K. L. Gupta, Aged About 62 Years, Resident Of B-150, Mahesh Nagar, Jaipur, Uan No. 100102223185. Ram Narayan Mourya S/o Sh. Mewaram, Aged About 68 Years, Resident Of 117/57, Agarwal Farm, Mansarovar, Jaipur, Fpf No. 6045. Jairam Saini S/o Sh. Omkar Mal Saini, Aged About 67 Years, Resident Of B-508, Mahesh Nagar, Jaipur, Fpf No. 4600. Padama Saxena S/o Sh. G. S. Saxena, Aged About 65 Years, Resident Of 922, Sharn Kuttir, Meer Buxi, Ki Gali, Dariba Pan, Tripolia Bazar, Jaipur, Fpf No. 8775. Lachari Ram Jatav S/o Sh. Samnta Ram, Aged About 68 Years, Resident Of Purana Shahar, Fouta Darawaja, Dhaulpur, Fpf No. 5063. Vineet Agarwal S/o Sh. V. B. Agarwal, Aged About 49 Years, Resident Of Sb-58, Subhash Nagar, Jaipur, Uan No. 100857474214. Shiv Shankar Sharma S/o Sh. Gajadhar Prasad Sharma, Aged About 67 Years, Resident Of 30A, New Colony, Gumanpura, Kota, Fpf No. 4714. Keshari Lal S/o Sh. Nenki Lal, Aged About 64 Years, Resident Of Sarkari School Ke Piche, Sursagar, Kota, Fpf No. 2663.

Vimla Devi Khatore W/o Late Shri Ramesh Chandra Khatore, Aged About 65 Years, R/o 14/146, Shipra Path, Mansarovar, Jaipur, Fpf No. 309

59. Mariamma Varghese W/o N A Varghese, Aged About 68 Years, R/o 1 Tha -26, Vigyan Nagar, Kota, Fpf No. 403

60. Hanuman Sahai Rana S/o Anandi Lal (Harnanda), Aged About 62 Years, R/o 25, Mukhya Gaon, Langadiya Vaas, Jaipur, Uan No. 100160528123

61. Rajkumari Devi Verma W/o Late Shri Narendra Kumar Verma, Aged About 55 Years, R/o Plot No 18, Nanak Vihar [2025:RJ-JP:26166] (5 of 20) [CW-6498/2019]

66. Iind, Swage Farm, Sodala, Jaipur, Fpf No. 8065 Naveen Kumar Gupta S/o Rameshwar Prasad Gupta, Aged About 62 Years, R/o Plot No. 50, Shanti Nagar - C, Gurjar Ki Thadi, Gopalpura Byepass, Jaipur, Uan No. 100252945043 Vishwanath Sharma S/o Shubh Karan Sharma, Aged About 60 Years, R/o Village - Aduka, Tehsil - Chirawa, Jhunjhunu, Uan No. 100410686074 S K Poddar S/o Shyam Sundar Poddar, Aged About 64 Years, R/o B-124, Riico Residential Colony, Jhunjhunu, Uan No. 100354191863 Jai Kishan Motiani S/o R.p. Motiani, Aged About 62 Years, R/o Flat No 201 Prince Apartment, E19 Kaushlya Path Bani Park, Basant Nagar, Jaipur Uan No. 100171220167 Ram Kalyan Mahawar S/o Radha Kishan, Aged About 68 Years, R/o 1282, Mahaveer Nagar First, Kota , Fpf No. 404

67. Monika Khandelwal W/o Late Deendayal Khandelwal, R/o 31 Mahaveer Nagar Second, Kota Fpf No. 5815

68. Nawal Kishore Chaturvedi S/o S.s. Chaturvedi, R/o C-51, Indra Vihar, Kota Uan No.100253180274

69. Mahesh Chand Sharma S/o Satya Narayan Sharma, R/o 8/1 Mokhapada Near Emotion Flower Shop, Kota, 324006 Fpf No. 400

71. Ramswaroop Verma S/o Bhura Ram, Aged About 66 Years, Resident Of Village Mahru, Malpura, Distt. Tonk Uan No. 100302409670 Surender Pal Singh S/o Sahib Singh, Aged About 61 Years, Resident Of 29- A, Hida Ki Mori, Galta Road, Jaipur. Uan No. 100372822450

72. Madhvi Kutty W/o Vanjakshan Nair, Aged About 60 Years, Resident Of 8/110, Mukta Prasad Nagar, Bikaner Uan No. 100212111595

75. Ravi Shankar Sharma S/o Shri Shiv Shankar Sharma, Aged About 62 Years, Resident Of Q No.2 Riico Colony, Udhyog Vihar Colony, Sri Ganganagar (Raj.) Uan No. 100310543902 Anita Gupta W/o Late Shri G.d. Gupta, Aged About 52 Years, Resident Of 512, Vijay Nagar, Vijay Mandir Road, Alwar. Fpf No. 8529 Govind Narayan Sharma S/o Shri Ram Lal Sharma, Aged About 64 Years, Resident Of A-5, Ram Kishan Marg, Kailash Puri, New Sanganer Road, Sodala, Jaipur. Uan No. 100156044980.

76. Mohini Lakhani D/o K.d. Lakhani, Aged About 63 Years, Resident Of 92/135 Mansarovar, Jaipur. Uan No. 100104414920

77. Babu K.s. S/o Koshy Samuel, Aged About 63 Years, 188 [2025:RJ-JP:26166] (6 of 20) [CW-6498/2019]

79. Herra Nagar A, Ajmer Road Heera Pura, Jaipur Uan No. 100104414920 Sharada W/o Late Badri Lal, Aged About 41 Years, R/o 363, Riico Industrial Area, Jalore 343001 Uan No 100105152383. Chothu Ram Gurjar S/o Shri Kana Ram Gurjar, Aged About 63 Years, R/o Road No. 17, Vki Area, Hanuman Nagar, Jaselya, Akedadoongar, Jaipur Uan No. 100126430527

5. Versus ----Petitioners Union Of India, Through The Secretary To The Government Of India, Ministry Of Labour And Employment, Department Of Employment, New Delhi- 110001. Employees Provident Fund Organization, Through Its Regional Provident Fund Commissioner-I (Pension), Bhavishya Nidhi Bhawan, 14- Bhikaji Cama Place, New Delhi-110066. Regional Provident Fund Commissioner, Employees Provident Fund Organization, Nidhi Bhawan, Vidyut Marg, Jyoti Nagar, Jaipur. Rajasthan State Industrial Development And Investment Corporation Ltd. (Riico), Through Its Manaing Director, Udyog Bhawan Tilak Marg, Jaipur-302005. Rimdc Cpf Trust Riico Ltd., Udyog Bhawan Tilak Marg, Jaipur-302005 Through Its Trustee Secretary. ----Respondents Connected With S.B. Civil Writ Petition No. 6477/2019 Ram Mohan Gupta, S/o Sh Jagdish Narayan Gupta, Aged About 58 Years, Resident Of A-43, Janta Colony Jaipur Uan No. 100301669445 Manoj Sharma S/o Kalyan Shai Sharma, Aged About 52 Years, Resident Of 33 And 34A Shopping Centre Vivek Vihar Near Shyam Nagar, New Sanganer Road, Sodala Jaipur, Uan No. 100221352811 Indra Ramachandran W/o Ramachandran Pillai C A, Aged About 59 Years, Resident Of 17 B Sujan Vihar, Nandpuri, Sodala, Jaipur, Uan No. 100167211944 Sita Ram Verma S/o Hari Ram Verma, Aged About 59 Years, Resident Of Plot No.192, Ganpati Vidhya Vihar Regron Ka Maholla, Gali No.2, Jhotwara, Jaipur 30201, Uan No. 100357076766 Bagwan Sahai Gujar S/o Shyoram Gujar, Aged About 58 Years, Resident Of S/o Shyoram Gujar, Besala Ki Dhani, Munodota, Tehsil- Amer District- Jaipur- 303706 Uan No. [2025:RJ-JP:26166] (7 of 20) [CW-6498/2019]

19. 100109939848 Ramu S/o Balu Ram, Aged About 58 Years, Resident Of Gram Achrol, Tehsil- Amer, District- Jaipur, Uan No. 100306681612 Banwar Lal Meena S/o Raghu Nath Meena, Aged About 57 Years, Resident Of S/o Raghu Nath, Bassi Chak, Dhyawana Ki Dhani , Bassi, Jaipur- 303301, Uan No. 100110603735 Nagendra Bhushan Gupta S/o Lt. Ram Kripal Gupta, Aged About 54 Years, Resident Of 52/43, Shipra Path, Mansarovar, Jaipur, Uan No. 100247949891 Jamna Lal Meena S/o Lt. Kishan Lal Meena, Aged About 58 Years, Resident Of B-11, Vasudev Nagar, Near Baradari, Dausa, Uan No. 100171997256 Rajesh Kumar Yadav S/o Shiv Charan Lal, Aged About 54 Years, Resident Of 573-A, Surya Nagar Gopalpura By Pass Road, Jaipur-302015 Uan No. 100296275545 Kiran Batra W/o Sunil Batra, Aged About 39 Years, Resident Of 215-A, Frontier Colony, Adrash Nagar, Jaipur- 302004 Uan No. 100193687171 Lal Chand Mehra S/o Bhanwar Lal Mehra, Aged About 56 Years, Resident Of 1834, Mehron Ki Nadi, Chokari, Ramchandraji, Jaipur-302001 Uan No. 100203132404 Pramod Kumar Sharma S/o Purshottam Sharma, Aged About 58 Years, Resident Of H.no.1501, Tikki Walo Ka Rasta, Kishanpole Bazar, Jaipur-302001 Uan No. 100276806614 Kalyan Mal Meena S/o Pokar Mal Meena, Aged About 59 Years, Resident Of Village-Sangawala, Post- Kant, Via-Tala Mod, Tehsil-Amer, Jaipur-303002, Uan No. 100186820111 Praveen Kumar Gupta S/o Mahendra Kumar Agarwal, Aged About 53 Years, Resident Of 85, Surya Nagar, Ganesh Marg, Gopalpura Bypass, Jaipur, Uan No. 100279304882 Babu Lal Saini S/o Ram Narayan Saini, Aged About 57 Years, Resident Of 1273, Mali Colony Nav Durga Mandir Ke Samne, Chandpole Bazar, Jaipur-302001, Uan No. 100104477311 Vinay Kumar Mathur S/o Lt. Binod Bihari Mathur, Aged About 58 Years, Resident Of 993, Rani Sati Nagar, Kings Road, Ajmer Road, Near Bright Future School, Jaipur- 302019, Uan No. 100407121765 Anil Jain S/o Lt. Babulal Jain, Aged About 46 Years, Resident Of 47/135 Kiran Path, Mansarovar Colony, Jaipur- 302020, Uan No. 100083814690 Ram Dayal Gujar S/o Shri Kishan Awana, Aged About 52 Years, Resident Of 43, Jankpur-2 Imli Wala Fatak, Jaipur- 302015, Uan No. 100301083785 [2025:RJ-JP:26166] (8 of 20) [CW-6498/2019]

21. Subhash Chand Garg S/o B.m.garg, Aged About 52 Years, Resident Of B-46 Anita Colony. Bajaj Nagar, Jaipur, Uan No. 100321481886 Ravi Kant Jangid S/o Kesar Dev Jangid, Aged About 58 Years, Resident Of B-123 Riico Colony, Uan No. 100310028881

22. Mahesh Singhal S/o, Lt. Sh Baijnath, Aged About 58 Years, Resident Of A-396, Riico Colony Jhunjhunu- 333001, Uan No. 100214731662

28. Sh Rameshwar Meena S/o Ram Chandra Meena, Aged About 57 Years, Resident Of 15 A Laxmi Nagar, Goner Road, Jaipur, Uan No. 100305715068 Sandeep Purohit S/o Sampat Lal Purohit, Aged About 47 Years, Resident Of A-204 Amarapali Marg, Near Laxmi Narayan Mandir, Jaipur- 302021, Uan No. 100331236812 Ravindra Kumar S/o Shyam Lal Kalal, Aged About 34 Years, Post- Gurukul(Bakani) Disttt- Jhalawar, Uan No. 100311316219 Village-Ummadpura, Resident Of Sita Ram Sharma S/o Chiranji Lal Sharma, Aged About 47 Years, Resident Of 103 Anand Vihar-A, Benar Road, Dadi Ka Phatak, Jhotwara, Jaipur 302012, Uan No. 100357177801 Jaikishan Chanchalani S/o Jhaman Das Chanchalani, Aged About 52 Years, Resident Of 2/81, S.f.s. Agrawal Farm, Mansarovar, Jaipur-302020, Uan No. 100171319040 Bhagendra Kumar Kumawat S/o Heera Lal Kumawat, Aged About 56 Years, Resident Of Baswalo Ki Dhani, Dahami Kala, Bagaru, Jaipur- 303007, Uan No. 100109748810

29. Mahavir Prasad S/o Sohan Lal Sharma, Aged About 57 Years, Resident Of C-282, Sanjay Colony, Bhilwara, Uan No. 100213502918

34. Sh Mohit Sharma S/o Devendra Kumar Sharma, Aged About 23 Years, Resident Of Plot No. 44, Sita Vihar Colony, Jhotwara Jaipur, Uan No. 100876039778 Jagdish Prasad Sharma S/o Rajendra Jeet Sharma, Aged About 53 Years, Resident Of C-391, Mahesh Nagar, P.o. Gandhi Nagar, Jaipur, Uan No. 100170621030 Uatkarsh Arora S/o Ramesh Arora, Aged About 27 Years, Resident Of H.no.1, Arora Sweets Near Police Station, Kaitunipole, Kota, Uan No. 100778318677 Rishab Rathi S/o Jai Prakash Bhanbhi, Aged About 27 Years, Resident Of C-146, New Bapu Nagar, Bhilwara, Uan No. 100829600874 Roshan Lal Salvi S/o Har Lal Salvi, Aged About 53 Years, Resident Of Village Kuwariya Teh. And Distt- Rajsamand, Uan No. 100315761750

35. Shambu Dan Charan S/o Iba Charan, Aged About 53 [2025:RJ-JP:26166] (9 of 20) [CW-6498/2019]

40. Years, Resident Of 2/64 Riico Housing Scheme Ivth Phase, Bliya Bhilwara, Uan No. 100329432335 Sali R. Lukose W/o Raju Lukose, Aged About 57 Years, Resident Of House No. 58A I Sector, Bapu Nagar Bhilwara, Uan No.100328857542 Nishant Kumawat S/o Tara Chand Kumawat, Aged About 29 Years, Resident Of 32 A Hari Bhau Updhyay Nagar, Puskar Road, Ajmer, Uan No. 100827669330 Narendra Kumar Dadhich S/o Banwari Lal, Aged About 57 Years, Resident Of Kharri Mohalla, Ward No.4, Bagar, Jhunjhunu- 333023, Uan No. 100245657166 Satish Chandra Morolia S/o Satya Narayan Morolia, Aged About 56 Years, Resident Of Mandrela Road, Ward No.2, Bagar, Jhunjhunu- 333023, Uan No. 100341004040 Pratap Singh S/o Lt. Nanad Ram, Aged About 55 Years, Resident Of Khudana, Jhunjhunu- 333023, Uan No. 100278643833

41. Madan Singh S/o Lt. Bal Singh, Aged About 59 Years, Resident Of B-125 Riico Residence Colony, Jhunjhunu, Uan No. 100211820059

47. Ashok Kumar S/o Lt. Gopal Ram, Aged About 56 Years, Resident Of Tehsil- Hirwa, Jhunjhunu, Uan No. 100093625343 Chhote Lal Gandhiwal S/o Mamala Ram Gandhiwal, Aged About 56 Years, Resident Of E-2/144 Chtrakoot, Vaishali Nagar, Jaipur- 302024, Uan No. 100125371585 Hemraj Kahar S/o Shri Ram Gopal, Aged About 48 Years, Resident Of Kaithoon Road, Kharo Ki Basti, Aara Machine Ke Pass, Shiv Sagar, Kota, Uan No. 100164288519. Jagdish Kumar Rajpurohit S/o Shri Prem Singh, Aged About 52 Years, Resident Of 11-D-5, Inderprastha, Bikaner, Uan No. 100169970138 Sunder Lal Sewage S/o Late Shri Rameshwar Lal Sewage, Aged About 59 Years, Resident Of Mohata Saraffa, Near Hanuman Mandir, Bikaner, Uan No. 100369705689 Chandra Shekhar Asopa S/o Late Shri B.l. Asopa, Aged About 40 Years, Resident Of Outside Goga Gate, Bikaner, Uan No. 100123089053

48. Manoj Maru S/o Shri Narayan Ram, Aged About 36 Years, Resident Of New Line, Near Chopra School, Gangashar, Bikaner, Uan No. 100221997258

49. Dinesh Kumar Joshi S/o Shri Laxmi Narayan, Aged About 38 Years, Resident Of Daga Chowk, Bikaner, Uan No. 100139151104

50. Manju Devi W/o Shri Jawahar Lal Kachhawa, Aged About 59 Years, Resident Of Nathusar Bass, Maliyon Ka Mohalla, Joshi Niwas Ke Pass, Bikaner, Uan No. 100219856346

51. Jan Mohd. S/o Shri Kartar Bax, Aged About 56 Years, [2025:RJ-JP:26166] (10 of 20) [CW-6498/2019] Resident Of Gali No. 9, Rampura Basti, Lalgarh, Bikaner, Uan No. 100172238024

52. Vishala Ram S/o Shri Tukha Ram, Aged About 58 Years, Resident Of P.no. 210, Chaman Vihar, Gorakh Nagar, Bikaner, Uan No. 100410149627

53. Mala Ram S/o Shri Tukha Ram, Aged About 53 Years, Resident Of Riico Staff Quarter No. 2, Industrial Area, Bichhwal, Bikaner, Uan No. 100215930898

54. Narendra S/o Shri Bhagi Ram Singh, Aged About 28 Years, Resident Of Kishan Colony, Nawalgarh Road, Sikar, Uan No. 100777296262

55. Mukhtiyar Ali S/o Shri Fareed Khan, Aged About 49 Years, Resident Of Bhuton Ka Mohalla, Gajner Road, Bikaner, Uan No. 100237693698

60. Umed Singh S/o Shri Chatarsal Singh, Aged About 55 Years, Resident Of Riico Quarter, Igc Khara, Bikaner, Uan No. 100395044324 Ali Khan S/o Shri Babu Khan, Aged About 49 Years, Resident Of Bhuto Ka Bass, Gajner Road, Bikaner, Uan No. 10077869829 Ameerdeen Shekh S/o Shri Peeru Khan, Aged About 58 Years, Resident Of Bhuto Ka Bass, Gajner Road, Bikaner, Uan No. 100079656602 Sanjay Sharma S/o Ashaok Sharma, Aged About 48 Years, Resident Of 81 First Floor, Ganesh Vihar, Gopal Pura Road, Jaipur Uan No. 100334020484 Girdhari Gyamlani S/o Narayan Lal, Aged About 53 Years, 46, Guru Kripa, Sindhi Coloni, Behind Jhulelal Mandir, Durgapura, Jaipur Uan No. 100153339925.

61. Mukesh Kumar Verma S/o Shri D. L. Verma, Aged About 59 Years, Resident Of 52-B, Devi Ratan, Dayanand Colony, Ram Nagar, Ajmer. Uan No.10023767216.

65. Rajendra Sharma S/o Shri Hari Kishan Sharma, Aged About 53 Years, Resident Of B-397, Ram Kripal Nagar, Irda Public School, Jaipur Road, Alwar, Uan No. 100294899588. Ramesh Chand Rajoria, S/o Shri G.l. Rajoria, Aged About 59 Years, Resident Of 29/2935, Pooja Marg, Dhola Bhata, Ajmer Uan No. 100304499049. Daulat Ram Patan S/o Shri Kishna, Aged About 59 Years, Resident Of C-128, Chandravardai Nagar, Ajmer Uan No. 100130532509 Pyar Chand Salvi S/o Amaraji, Aged About 53 Years, Resident Of 52 Years Resident Of Tulsi Bhawan, Near Old Tehsil Building, Railmagra, Rajsamand, Rajsthan Uan No. 100283480842.

66. Arjun Lal S/o Kalu Ram, Aged About 49 Years, Resident Of Harijan Mohalla, Barmer Uan No. 100089531647 [2025:RJ-JP:26166] (11 of 20) [CW-6498/2019]

79. Trilok Chandra Sharma S/o Om Prakash Sharma, Aged About 48 Years, Resident Of 1-C-242,kudi Bhagatasni Housing Board, Jodhpur, Uan No. 100392271877. Ganpat Lal Gehlot S/o Badar Mal, Aged About 51 Years, Resident Of Gandhi Pura, Balotra Distt. Barmer. Uan No. 100151233526. Chhoga Ram Raika S/o Vaga Ram, Aged About 57 Years, Resident Of Meva Nagar, Balotra, Distt. Barmer Uan No. 100125344089. Shiv Ram S/o Mota Ram, Aged About 58 Years, Resident Of Riico Quarter, First Phase, Balotra, Distt. Barmer Uan No. 100351666682. Chagan Lal S/o Sh. Bhura, Aged About 49 Years, Harijano Ka Bas, Balotra, Distt. Barmer Uan No. 100125221603. Shesha Ram S/o Shri Thana Ram, Aged About 50 Years, Resident Of Shastri Colony, Balotra, Distt. Barmer Uan No. 100328028127. Rana Ram S/o Bhura Ram, Aged About 50 Years, Resident Of Kumoron Ka Bas, Sarana, Barmer. Uan No.100306969014. Likhma Ram S/o Badar Mal, Aged About 58 Years, Resident Of Ward No. 20, Arihant Nagar, Jasol, Barmer. Uan No. 100205909399. Naga Ram S/o Panna Ram, Aged About 54 Years, Khattu, Barmer Uan No. 100247272949. Trilok Chand Nayak S/o Tulsi Ram Nayak, Aged About 52 Years, R/o 3T2, Housing Board, Shastri Nagar, Jaipur 302016 Uan No. 100392271428 Yashpal Singh S/o Lt. Pyare Lal, Aged About 50 Years, 51/328 Pratap Nagar Sector 5, Tonk Road Jaipur Uan No. 100415065603 Bhartendu Yadav S/o Banshi Dhar Yadav, Aged About 27 Years, R/o B 15 Siddharth Nagar Malviya Nagar Near Jawahar Circle Jaipur 302017 Uan No. 100420126144 Virendra Kumar Jain S/o Umrao Singh Chhajer, Aged About 57 Years, R/o 1- Kha- 15 Jawahar Nagar 302004 Uan No. 100409528360

80. Mahendra Kumar Sharma S/o Chitter Lal Sharma, Aged About 53 Years, R/o B-472, Indra Vihar, Kota, Uan No. 100213294717.

81. Krishana Dutt Sharma S/o Sh. V. D. Shrama, Aged About 58 Years, R/o S-49-50, Near Goal Circle, Janta Colony, Jaipur. Uan No. 100196064834

82. Manoj Kumar Bansal S/o Sh. Shiv Kumar, Aged About 46 Years, R/o C-359, Shalimar Garden, Ext.-2, Near Hanuman Mandir, Sahibabad, Shalimar Garden, Pasonda, Ghaziabad Up Uan No. 100221644041.

83. Rahul Kumar Bhatt S/o Shri Mahavir Prasad, Aged About [2025:RJ-JP:26166] (12 of 20) [CW-6498/2019] 53 Years, B-105, Hkm Nagar, Alwar, Uan No. 100291325578 Versus ----Petitioners Union Of India, Through The Secretary To The Government Of India, Ministry Of Labour And Employment, Department Of Employment, New Delhi- 110001. Employees Provident Fund Organization, Through Its Regional Provident Fund Commissioner-I (Pension), Bhavishya Nidhi Bhawan, 14- Bhikaji Cama Place, New Delhi-110066. Regional Provident Fund Commissioner, Employees Provident Fund Organization, Nidhi Bhawan, Vidyut Marg, Jyoti Nagar, Jaipur. Rajasthan State Industrial Development And Investment Corporation Ltd. (Riico), Through Its Managing Director, Udyog Bhawan Tilak Marg, Jaipur-302005. Rimdc Cpf Trust, Riico Ltd., Udyog Bhawan Tilak Marg, Jaipur-302005 Through Its Trustee Secretary. ----Respondents

5. For Petitioner(s) : Mr. H.V. Nandwana For Respondent(s) : Mr. Virendra Lodha, Sr. Adv. asst. by Mr. Ankit Rathore, Mr. Tej Prakash Sharma HON'BLE MR. JUSTICE SUDESH BANSAL Order 14/07/2025

1. Petitioners, in both the writ petitions, are retired employees of Rajasthan State Industrial Development & Investment Corporation (RIICO) and have prayed to quash the Circular dated

31.05.2017 and claiming entitlement to get pension under the Employees’ Pension Scheme, 1995, in terms of judgment of the Hon’ble Supreme Court in case of R.C. Gupta Vs. Regional Provident Fund Commissioner, EPFO [(2018) 14 SCC 809]. [2025:RJ-JP:26166] (13 of 20) [CW-6498/2019]

2. Petitioners have come up with a case pleading inter alia that they are optee of pension under Employees’ Pension Scheme, 1995 and they should be paid pension on the basic of actual salary, instead of ceiling limit. In support of such claim, resort to the judgment of Hon’ble Supreme Court in case of R.C. Gupta (Supra), has been taken and consequently, the Circular dated

31.05.2017, distinguishing petitioners from an unexempted establishment/ trusts and denying to pay pension on the basic of actual salary, has been challenged.

3. In addition, counsel for petitioners have placed reliance on the previous Circular dated 23.03.2017 issued by the Employees’ Provident Fund Commissioner, which has been revised vide impugned Circular dated 31.05.2017 and submits that by issuing impugned Circular dated 31.05.2017, EPF Commissioner has make out an artificial and unreasonable classification that the previous Circular dated 23.03.2017, is applicable only for unexempted trusts and the benefit of Circular dated 23.03.2017 is not liable to be extended to the employees from exempted trusts.

4. Counsel for petitioners has further strongly placed reliance on a subsequent judgment of the Hon’ble Supreme Court in case of The Employees Provident Fund Organisation Vs. Sunil Kumar B. [(2023) 12 SCC 701], wherein the Apex Court has affirmed the ratio decidendi expounded in the judgment of R.C. Gupta (Supra) that the optee members of EPF Scheme, are entitled for pension on the basic of actual salary, instead of ceiling limit, hence, it has been prayed that respondents be directed to govern the case of petitioners for grant of pension under EPF [2025:RJ-JP:26166] (14 of 20) [CW-6498/2019] scheme following the judgment of Hon’ble Supreme Court in case of Sunil Kumar B. (Supra).

5. On behalf of respondents No.1 to 3, a joint reply to the writ petition has been filed stating inter alia that the ratio decidendi of the judgment of Hon’ble Supreme Court delivered in case of R.C. Gupta (Supra) is not applicable to the employees, who have worked in an exempted establishment. The reasons have been narrated in Clause a, b & c of the Para No.1 of the preliminary objections. It has clearly been stated that the judgment of R.C. Gupta (Supra) is applicable only to the employees of unexempted establishment, who made contribution during service period towards pension fund on the actual salary and superannuated prior to 01.09.2014. Since petitioners are ex-employees of exempted establishment (RIICO) and their provident fund account is being maintained by the private trust, created by the establishment itself, as much as EPFO never received contribution from the employer of petitioners of actual salary, hence, the claim of petitioners for entitlement of pension on the basic of actual salary instead of ceiling limit, is fictitious, hypothetical and baseless.

6. In Additional Affidavit filed by Sh. Shailendra Kumar Jain, Regional Provident Fund Commissioner- II, in the Office of EPF Organization, by and on behalf of respondent Nos. 1 to 3, it has been stated inter alia that provident fund scheme and pension scheme are entirely different. The Apex Court has noted in case of Sunil Kumar B. (Supra) that pension scheme offers characteristically different benefits from the provident fund scheme. The provident fund scheme provides one time settlement [2025:RJ-JP:26166] (15 of 20) [CW-6498/2019] at the time of exiting of member of scheme, whereas pension scheme commences monthly payment w.e.f. date of exiting of member from the scheme. It has been pointed out that since petitioners never opted to contribute in the provident fund scheme as per proviso to Paragraph 11(3) of the unamended pension scheme, hence, they cannot be permitted to get benefit of provident fund scheme, retrospectively.

7. In the reply filed by respondent No.4- RIICO, it has been contended that Circular dated 31.05.2017, issued by the Employees’ Provident Fund Organization, is binding upon answering respondent. It has been stated that answering respondent is an exempted trust in accordance with Circular dated

31.05.2017.

8. Reply on behalf of respondent No.5 has also been filed separately.

9. Learned counsel for respondents have vehemently contended that petitioners were employees of exempted establishment and in case of R.C. Gupta (Supra) so also in case of Sunil Kumar B. (Supra), Hon’ble Supreme Court refrained itself to deal with the pension scheme for the employees of exempted establishments. The attention of this Court has been drawn to a portion of Para No.37 of the judgment of Sunil Kumar B. (Supra), which is being reproduced hereunder:- “37. We shall now address the question as to whether the members from an exempted establishment under the 1952 Act would be entitled to the benefits of enrolling in the scheme beyond the ceiling limit. We would point out here that before us no argument has been advanced as regards members of the pension scheme of exempted establishments in terms of paragraph 39 of the said scheme. [2025:RJ-JP:26166] (16 of 20) [CW-6498/2019] Thus, in this judgment, we are not addressing the cases of that category of members……...”

10. Heard rival contentions of learned counsel for both parties and perused the material available on record.

11. A bare perusal of Circular dated 23.03.2017 (Ann.11) and impugned Circular dated 31.05.2017 (Ann.14), enclosed with SBCWP No. 6498/2019, indicates that both circulars have been issued in respect of subject matter for allowing benefits to the members of Employees’ Pension Scheme, 1995, on the actual salary in pension fund, exceeding wage limit of either Rs.5000/- or Rs.6500/-per month from the effective date retrospectively, as per judgment of Hon’ble Supreme Court delivered in case of R.C. Gupta (Supra).

12. In the Circular dated 23.03.2017, it was declared that a member, contributing to the Provident Fund on the wages exceeding the statutory ceiling limit, who had contributed to the Provident Fund on the wages exceeding statutory ceiling, cannot be debarred from exercising the option to contribute on such higher wages to the pension fund. However, simultaneously, while referring to the judgment of Hon’ble Supreme Court in case of R.C. Gupta (Supra), it has been observed and noted in Para No.2 that a beneficial scheme, ought not to be allowed to be defeated by reference to a cut-off date, particularly, in a situation where (as present case), the employer had deposited 12% of the actual salary and not 12% of the ceiling limit of Rs.5000/- or Rs.6500/- per month, as the case may be.

13. It appears that the Circular dated 31.05.2017, which has been impugned herein by the petitioners, is a clarificatory circular to the previous Circular dated 23.03.2017, to the effect that [2025:RJ-JP:26166] (17 of 20) [CW-6498/2019] previous circular deals with the case of employees, belonging to unexempted trust, as it has clearly been observed in this Circular dated 31.05.2017 that all the appellants-employees in the case of R.C. Gupta (Supra) before the Supreme Court, were from exempted establishments i.e. an establishment making PF contributions in the statutory Provident Fund managed by the EPFO. In the unexempted establishments, the Employer’s Contribution of 12% under the Act in respect of its employees, appellants-employees before the Apex Court, was on actual salary and not on the ceiling limit of either Rs.5000/- or Rs.6500/- per month. It would not be out of place to reproduce impugned Circular dated 31.05.2017 itself herein, for ready reference:- क्቞(cid:3)चारी भवि(cid:10)ष्य नि(cid:14)धि(cid:16) संगठ(cid:14) ( ्ቦ्቞ ए(cid:10)ं रोजगार ्቞ं्ቔालय, भारत सरकार) EMPLOYEES' PROVIDENT FUND ORGANISATION (Ministry of Labour & Employment, Govt. of India) ्቞ुख्य काया(cid:3)लय / Head Office भीकाजी का्቞ा प्लेस, (cid:14)ई दि#ल्ली- 110 066 भवि(cid:10)ष्य नि(cid:14)धि(cid:16) भ(cid:10)(cid:14), 14, Bhavishya Nidhi Bhawan, 14, Bhikaiji Cama Place, New Delhi - 110 066. No: Pension-I/12/33/EPS Amendment/96 Vol.II Dated 31 MAY 2017 To, All ACCs (Zonal Offices) All Regional P.F. Commissioner (In-Charge of Regions), All officers-in-charge of SROs. Allowing members of the EPS'95 the benefit of the actual salary in Subject:- the Pension Fund exceeding wage limit of either Rs. 5000/- or Rs. 6500/- per month from the effective date respectively as per the Hon"ble Supreme Court's order in Civil Appen NO(S) 10013-10014 of 2016 arising ouf of SLP No. 33032- 33033 of 2015 – reg. Sir, Please arrange letter No.Pension-I/12/33/EPF/Amendments/96/Vol-1 dated 23.03.2017 on the above cited subject. Many references have been received from field offices to confirm if the aforesaid circular dated 23.03.2017 is applicable to e employees of EPF exempted establishments. In this context. it is informed as under: office i. Approval to comply with the order of the Hon'ble Supreme Court in the matter of Shri R.C. Gupta and others is only in respect of the Provident Fund & Pension members whose accounts are maintained by EPPO and whose P.F. Contribution on higher wages has been received by EPFO. All the appellant employees in the aforesaid case before the Hon'ble Supreme Court were from unexempted establishment i.e. an establishment ii. [2025:RJ-JP:26166] (18 of 20) [CW-6498/2019] making P.F. contributions in the statutory Provident Fund managed by EPFO. The Employer's contribution of 12% under the Act in respect of the said employees was on actual salary and not on the ceiling limit of either Rs.5,000/- or Rs.6500/. iii. Exercise of option under Para 26 (6) of the EPF Scheme, 1952 is a precursor to exercise of option under proviso to clause 11 (3) of the pension scheme. The appellant employees in the aforesaid case had exercised option, under para 26 (6) of the EPF Scheme and contribution on full salary received in the statutory Provident Fund. iv. Employees’ Pension Scheme remittances are being made by the establishments and not by the exempted Trusts. As such if establishments with exempted trusts are allowed to make balance remittances on full salary to the Employees Pension scheme afresh, the same will have to be considered for unexempted establishments also. It is not contemplated in the judgment. In the case of exempted establishment the Provident Fund and Pension Fund are managed by separate legal entities. The Provident Fund of employees of exempted establishments are managed by Exempted Trusts and Pension Fund is managed by EPFO. As such, adjustment of contribution from Provident Fund Account to Pension Account as contemplated in the judgment is not possible. v. The matter was placed in the 40" PEIC meeting. As decided in the 40* meeting of the PEIC the matter will be placed before the CBT. In the interim, it is advised that no member of EPS, 95 whose contribution on full salary has not been received in the account of the EPFO at the respective periods of contribution, shall he eligible for the benefits contemplated in the judgment as per the aforesaid Hon'ble Supreme Court order. (This issues with approval of CPFC) Yours faithfully (Mukesh Kumar) Regional PF Commissioner-I (Pension)

14. Indisputably, petitioners were employees of exempted establishment/ trust. It has been clarified by respondents in their reply that from the employer of petitioners, no contribution of 12% on the actual salary of its employees, was received by EPFO in the provident fund account. The employees of exempted establishment are governed by their respective provident fund scheme of concerned establishment and are managed by their respective Board of Trustees. It has been clarified by the respondents that employees of exempted trust, do not pay their PF contribution to EPFO, hence, they cannot seek benefits of Pension Scheme from EPFO.

15. In the Circular dated 31.05.2017, it has been clarified that the judgment delivered by Apex Court in case of R.C. Gupta [2025:RJ-JP:26166] (19 of 20) [CW-6498/2019] (Supra), deals with employees from unexempted establishments. In the Employees’ Pension Scheme, remittance are being made by establishment and not by the exempted trust. It is further clarified in the Circular that in case of exempted establishment, Provident Fund and Pension Fund are managed by separate legal entities. The Provident Fund of employees of exempted establishments, are managed by the exempted trust and Pension Fund have been managed by EPFO. As such, adjustment of contribution from Provident Fund Account to Pension Account, in respect of employees of exempted establishment, is not possible.

16. In such view of the matter, this Court finds that the Circular dated 31.05.2017 may not be held to be issued in contravention to the dictum expounded by Hon’ble Supreme Court in case of R.C. Gupta (Supra), hence, there is no substance in the prayer of petitioners, to quash the Circular dated 31.05.2017.

17. As far as reliance, sought to be placed by counsel for petitioners on the judgment delivered in case of Sunil Kumar B. (Supra) is concerned, a bare perusal of Para No.37, as quoted hereinabove, makes it clear that in this case, Hon’ble Supreme Court never dealt with matter of employees, belonging to exempted trust. Hence, such case does not support the case of present petitioners.

18. In addition to above, it has emerged before this Court during course of arguments that near-about 41 writ petitioners out of 79 in SBCWP No.6498/2019 and 50 writ petitioner out of 89 in SBCWP No.6477/2019, have opted Old Pension Scheme, hence their claim for pension under EPF Scheme, 1952, does not survive. [2025:RJ-JP:26166] (20 of 20) [CW-6498/2019] Counsel for petitioners, too, do not dispute such factual development.

19. The net outcome of discussions & enunciation made hereinabove, is that petitioners are not entitled for the relief prayed in writ petitions and consequently, both writ petitions are hereby dismissed.

20. Stay applications and pending application(s), if any, stand disposed of. Sachin/36-37 (SUDESH BANSAL),J