The Ministry of Labour and Employment has issued Instructions in compliance with orders of Hon’ble Supreme Court judgment. This judgment was issued in a Special Leave Petition dated 4th November, 2022. The Central Government issued these instructions on 29th December, 2022.
The Central government has now directed that requisite action may be taken by EPFO (Employee Provident Fund Organisation) based on the Order of the Court.
The directions of the supreme court with regard to the above-stated matter are as follows:
The employees who had retired prior to 1st September, 2014, without exercising any option under paragraph 11(3) of the pre-amendment Employee Pension Scheme have already exited from the membership thereof. (Therefore) They would not be entitled to the benefit of this judgement.
The employees who have retired before 1st September, 2014 upon exercising option under paragraph 11(3) of the 1995 Employee Pension Scheme shall be covered by the provisions of paragraph 11(3) of the pension scheme as it stood prior to the amendment of 2014.
