As per case facts, petitioners, after long service and contributing to provident and pension funds on higher wages, applied for pension benefits based on actual wages. Their applications were rejected ...
wp4826-2026 & connected-J .doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4826 OF 2026
Durga Srinivas Kallakuri,
Age 67 years, R/o Flat No. 201, 2
nd
Floor,
Venkata Sai Mansion, Jawahar Nagar,
Community Hall back, Moulai, Secundarabad,
Hyderabad, Telangana – 500040.… Petitioners
Vs.
The Employees’ Provident Fund
Organisation (EPFO), through
the Assistant PF Commissioner,
Regional Office – Nariman Point,
Mumbai – I, having office at 341,
Bhavishya Nidhi Bhawan,
Bandra (E), Mumbai – 400 051.… Respondent
AND
WRIT PETITION NO. 4828 OF 2026
Amit Gunvantrai Mehta,
Age 63 years, R/o A4, 402, Gopal Park,
near Jamnagar Bus Stand, Ghod
Dod Road, Surat, Gujarat – 395 007. … Petitioner
Vs.
The Employees’ Provident Fund
Organisation (EPFO), Through
the Asssistant PF Commissioner,
Regional Office – Vashi, having office
at Tower No. 6, 5
th
Floor,
Vashi Rly Station Complex,
Vashi, Navi Mumbai – 400 703.… Respondent
1
ATUL
GANESH
KULKARNI
Digitally signed
by ATUL GANESH
KULKARNI
Date: 2026.04.18
12:12:45 +0530
wp4826-2026 & connected-J .doc
AND
WRIT PETITION NO. 4832 OF 2026
Haresh Shantilal Bosmia
Age 58 years, R/o 21-A, Aarohi Plots,
Opp. Skysol Apartment, Aarohi Club Road,
Ghuma, Ahmedabad, Gujrat – 380 058.… Petitioner
Vs.
The Employees’ Provident Fund
Organisation (EPFO), Through the
Regional PF Commissioner – II,
Regional Office – Vashi, having office
at Tower No. 6, 5
th
Floor, Vashi Rly
Station Complex, Vashi,
Navi Mumbai – 400 703.… Respondent
AND
WRIT PETITION NO. 4835 OF 2026
Francis Joseph,
Age 63 years, R/o 1001, Nazarene,
Plot NO. 485, 13
th
Road, Chembur
East, Mumbai - 400 071. … Petitioner
Vs.
The Employees’ Provident Fund
Organisation (EPFO), Through the
Assistant PF Commissioner,
Regional Office – Dadar, having office
at 341, Bhavishya Nidhi Bhawan,
Bandra (E), Mumai – 400 051.… Respondent
AND
WRIT PETITION (ST) NO. 10895 OF 2026
2
wp4826-2026 & connected-J .doc
Keepadanda Basappa Monnappa,
Age about 63 years, R/o No. 9, 1
st
Main
Road, Kaval Baisaranda New Extension,
Bangaluru North, Bengaluru,
Karnataka - 560 032.… Petitioner
Vs.
The Employees’ Provident Fund
Organisation (EPFO), Through the
Assistant PF Commissioner,
Regional Office – Vashi, having office
at Tower No. 6, 5
th
Floor, Vashi Rly
Station Complex, Vashi,
Navi Mumbai – 400 703.… Respondent
AND
WRIT PETITION (ST) NO. 10894 OF 2026
Sanjay Sharma,
S/o. Shashi Kant Sharma, aged about
68 years, R/o 95/4, Arya Samaj Road,
Ganesh Ganj, Lucknow,
Uttar Pradesh – 226018. … Petitioner
Vs.
The Employees’ Provident Fund
Organisation (EPFO), Through the
Assistant PF Commissioner,
Regional Office – Vashi, having office
at Tower No. 6, 5
th
Floor, Vashi Rly
Station Complex, Vashi,
Navi Mumbai – 400 703.… Respondent
Mr. Satyam Surana for the petitioner in all WPs.
Ms. Payoja Gandhi with Ms. Devangi Manjrekar for the
respondent – EPFO in Writ Petition Nos.4826/2026,
4828/2026, 4832/2026, & 4835/2026.
3
wp4826-2026 & connected-J .doc
CORAM :AMIT BORKAR, J.
RESERVED ON :APRIL 16, 2026.
PRONOUNCED ON:APRIL 18, 2026
JUDGMENT:
1.Inasmuch as a common question of law arises for
consideration and the factual matrix in all the present writ
petitions is substantially identical, all these petitions are being
disposed of by this common judgment and order, so as to avoid
repetition of facts.
2.By these writ petitions filed under Articles 226 and 227 of
the Constitution of India, the petitioner in each of the matters has
called in question the legality and correctness of the orders dated 8
April 2025, 9 April 2025 and 4 December 2025 passed by the
respondent authority, on the grounds set out therein.
3.The facts giving rise to the present proceedings, as set out in
Writ Petition No. 4826 of 2026, may be stated thus. The petitioner,
after completing his formal education, obtained a Diploma in
Electrical Engineering in the year 1980. Thereafter, he entered
service and was engaged in various capacities with different
employers. It is the case of the petitioner that he remained in
continuous and uninterrupted service, holding permanent
positions, till he attained the age of superannuation on 29 June
2017. According to him, this tenure of about 35 years was
rendered without any blemish. During the course of such
employment, the petitioner was granted several pay revisions,
transfers and promotional benefits from time to time. It is further
4
wp4826-2026 & connected-J .doc
stated that under Section 6-A of the Employees’ Provident Fund
and Miscellaneous Provisions Act, 1952, the Employees’ Pension
Scheme, 1995 came to be notified by the Government of India
with effect from 16 November 1995. The petitioner asserts that he
satisfies all conditions for availing benefits under the said pension
scheme and is therefore entitled to receive pension in accordance
with its provisions.
4.It is the petitioner’s case that he had duly exercised his
option under the said scheme and became a member of the
respondent organisation, namely the Employees’ Provident Fund
Organisation, in accordance with the prescribed procedure. It is
further contended that throughout his service tenure, contributions
towards the provident fund were regularly made, and the
respective employers deducted and remitted both the employer’s
and employee’s contributions to the said organisation without
default. The petitioner has further placed reliance upon the order
dated 4 November 2022 passed by the Supreme Court in Special
Leave Petition (Civil) Nos. 8658–8659 of 2019 in the case of
Employees Provident Fund Organisation and others versus Sunil
Kumar B. and others
, reported in 2022 INSC 1171, whereby
directions were issued to the respondent organisation and the
Union of India to permit eligible employees to exercise joint option
for pension on higher wages exceeding the statutory ceiling of
Rs.15,000/- per month.
5.In pursuance of the aforesaid directions, the respondent
made available an online facility enabling submission of
applications for exercise of such joint option. The petitioner
5
wp4826-2026 & connected-J .doc
accordingly submitted his application on 31 March 2023, bearing
acknowledgment number 230331114801002255161. Along with
the application, he submitted requisite documents and particulars
as called for by the respondent. It is his case that details of
contributions made on higher wages were also furnished. On this
basis, the petitioner contends that he had a legitimate expectation
that his pension would be computed on the basis of actual wages
on which contributions were made.
6.It appears that by communications dated 9 December 2024
and 3 February 2025, the respondent forwarded the petitioner’s
application to the concerned employers, seeking certain documents
and records in accordance with the guidelines issued by the
Government of India from time to time. The documents so sought
included proof of joint option under Paragraph 26(6) of the EPF
Scheme, 1952, proof of joint option under the proviso to
Paragraph 11(3) of the Employees’ Pension Scheme, 1995,
evidence of remittance of provident fund and pension
contributions on wages exceeding the prescribed ceiling, any
refusal by the authorities in respect of such remittances, and
statutory forms such as Forms 3A and 6A along with challans.
7.In response thereto, the employer, by communication dated
20 January 2025, informed the respondent that all relevant
documents, returns, and information had already been submitted
to the respondent from time to time and were available on record.
It was further stated that Forms 3A and 6A had been periodically
furnished and therefore there was no necessity for resubmission of
the same.
6
wp4826-2026 & connected-J .doc
8.Thereafter, by a further communication dated 10 March
2025, the employer reiterated its earlier stand. However, it is
material to note that no additional documents, as specifically
called for by the respondent in its earlier communications, were
furnished along with the said clarification.
9.Thereafter, the respondent, by order dated 8 April 2025,
rejected the petitioner’s application for grant of pension on higher
wages. The rejection was on the ground that the requisite
documents and records, as called for from the establishment or
employer, were not submitted.
10.The petitioner has invited attention to Paragraph 20 of the
Employees’ Pension Scheme, 1995, which casts a statutory
obligation upon the employer to submit to the respondent the
necessary particulars relating to contributions, including the
annual statement in Form 6A. It is contended that the duty to
maintain and furnish such records is that of the employer, and
thereafter the responsibility for proper maintenance lies with the
respondent organisation.
11.After the rejection of the petitioner’s claim, the employer,
namely Karma Energy Ltd., addressed a further communication
dated 17 October 2025 to the respondent, reiterating that all
relevant records had already been submitted and requesting
reconsideration of the petitioner’s application in light thereof.
12.The petitioner further asserts that by communication dated
19 January 2018, Forms 3A along with the joint option declaration
and other supporting documents had already been submitted to
7
wp4826-2026 & connected-J .doc
the respondent. It is thus contended that the petitioner, being an
employee, had no control over the statutory compliances required
to be made by the employer or the internal record maintenance of
the respondent. Despite having rendered service and having
contributed to the provident fund and pension fund on actual
higher wages, the petitioner has been denied the corresponding
benefit on account of alleged non-submission of records. According
to the petitioner, such denial is arbitrary and unsustainable, as it
results in penal consequences for lapses attributable to the
employer or the respondent authority. Being aggrieved thereby, the
petitioner in each of these matters has approached this Court by
way of the present writ petitions.
13.Mr. Surana, learned Advocate appearing for the petitioner,
submitted that the respondent has erred in not appreciating that
the statutory obligation to maintain and submit Form 6A and other
relevant records squarely lies upon the employer, and the
petitioner, being merely an employee, cannot be fastened with the
consequences arising from non-availability or non-production of
such records. It is his submission that even assuming that certain
documents were not produced by the employer, the respondent
was duty bound to examine the correctness and genuineness of the
petitioner’s claim on the basis of other reliable material available
on record, such as Form 3A and the statements of the petitioner’s
EPF account. According to him, Form 6A, challans and similar
documents are only procedural in nature and contain information
which is otherwise reflected in Form 3A and the EPF account
statements, and therefore non-production of such documents could
8
wp4826-2026 & connected-J .doc
not have been made a ground to deny substantive benefits.
14.Learned counsel further submitted that a plain reading of the
clarification furnished by the employer would indicate that all
relevant records, including details of contributions made by both
the employee and the employer, had already been submitted to the
respondent from time to time. It is urged that along with the
application for joint option, the petitioner had placed on record
necessary documents including the joint option form duly certified
by the employer, the EPF account passbook and other supporting
material, which ought to have been duly considered by the
respondent authority. It is also pointed out that the petitioner had
furnished an undertaking agreeing to deposit any differential
amount, if so determined by the respondent, along with applicable
interest through the employer.
15.It is further contended that denial of pension on higher
wages, despite the petitioner otherwise satisfying the eligibility
conditions, merely on account of technical lapses attributable to
the employer, results in manifest injustice and defeats the
petitioner’s legitimate expectation as well as his accrued right to
receive pension. It is submitted that the claim of the petitioner
ought to have been considered on the basis of the material
available on record, irrespective of alleged deficiencies in
documents to be furnished by the employer. On this premise, it is
prayed that the petitioner’s application for pension on higher
wages be allowed and the impugned order dated 28 March 2025
be set aside.
9
wp4826-2026 & connected-J .doc
16.Per contra, Ms. Payoja Gandhi, learned Advocate appearing
for the respondent, submitted that upon scrutiny of the petitioner’s
online application for joint option for pension on higher wages,
several communications and reminders were issued to the present
employer on 13 February 2025, 21 March 2025, 24 March 2025,
27 March 2025 and 29 March 2025 calling upon the employer to
furnish requisite documents. It is further submitted that no joint
option was received from the previous establishment, and
therefore reminders were also issued to the previous employer on
18 February 2025, 21 March 2025, 27 March 2025 and 29 March
2025 in terms of the guidelines contained in the EPFO Head Office
Circulars dated 20 February 2023 and 23 March 2023. According
to her, submission of joint option along with proof of remittance of
contributions on wages exceeding the statutory ceiling from the
relevant date till retirement, along with supporting evidence,
constitutes mandatory requirements which must be satisfied before
a claim for pension on higher wages can be considered.
17.Learned counsel for the respondent further submitted that
sufficient opportunity was granted to both the employer and the
petitioner to produce the requisite documents. However, the
establishment only submitted a communication dated 24 January
2025 and failed to furnish acknowledged copies of Forms 3A and
6A for the relevant period commencing from 16 November 1995 or
from the date of joining, as the case may be. It is therefore
contended that in the absence of essential records, the respondent
was not in a position to determine the petitioner’s eligibility. It is
thus submitted that the petitioner’s claim does not satisfy the
10
wp4826-2026 & connected-J .doc
conditions laid down by the Hon’ble Supreme Court in its
judgment dated 4 November 2022, read with the applicable
circulars issued by the EPFO. On these grounds, it is urged that the
writ petitions are devoid of merit and deserve to be dismissed.
REASONS AND ANALYSIS:
18.I have given anxious consideration to the rival submissions
and to the material placed before this Court. The main issue is
whether an eligible employee can be denied the benefit of pension
on higher wages only because the employer does not respond, or
does not place on record every document which the authority asks
for, even though the employee has already made out a prima facie
claim from other available material. This difficulty becomes more
serious for the period prior to the year 2010, when the present
system of online filing and electronic record transmission was not
in full operation, and many establishments were still maintaining
records in manual form. In such a situation, the authority cannot
insist upon one single document as if it is the only proof of the
claim.
19.The submission of Mr. Surana does carry weight. It is a
settled position that the employee does not maintain custody over
returns which are required to be prepared and submitted by the
employer under the scheme. Documents such as Form 6A,
challans, and other related filings are part of the employer’s
obligation, and the control over their preparation, preservation
and submission lies with the establishment. The employee has no
role in this process. Therefore, if there is any lapse in production
11
wp4826-2026 & connected-J .doc
or maintenance of such records, the same cannot be fastened upon
the employee. To hold otherwise would result in placing an
burden upon a person who has neither authority nor access to such
documents.
20.In the present case, the petitioner has relied upon Form 3A,
the EPF account statement, the joint option form certified by the
employer, and also furnished an undertaking to deposit any
differential contribution. These documents are indicators of the
employment, the wages drawn, and the contributions made. Form
3A reflects yearly contribution details, and the EPF account
statement shows the running account of deposits. If these records
indicate that deductions were made on higher wages and
contributions were credited, then they form a basis to examine the
claim. In such a situation, the absence of one document, namely
Form 6A or certain challans, cannot be treated as fatal. What is
required is satisfaction about the factum of contribution, and that
can be gathered from multiple sources.
21.At the same time, the stand of the respondent also deserves
due consideration. The respondent is justified in contending that
grant of pension on higher wages is subject to fulfillment of
conditions laid down by the Supreme Court as well as the circulars
issued by the EPFO. The authority must be satisfied that there was
a valid joint option exercised in accordance with law and that the
contributions on wages exceeding the statutory ceiling were
remitted. These are essential requirements and cannot be diluted.
However, the manner in which these requirements are applied
must be reasonable. The authority cannot insist upon a perfect set
12
wp4826-2026 & connected-J .doc
of documents in every case, particularly when dealing with old
records where such perfection may not be possible. The test is of
satisfaction based on available material.
22.It must also be kept in mind that the scheme in question is a
beneficial legislation. Its purpose is to secure pensionary benefits
to employees who have contributed during their service. It is not
intended to create hurdles which make it impossible for a genuine
claimant to succeed. If the approach of the authority is technical, it
may result in denial of benefits to persons who have fulfilled their
obligations. Such an interpretation would defeat the object of the
scheme. Therefore, while compliance with conditions is necessary,
the same must be assessed in a realistic manner.
23.In the facts of the present case, it is seen that the petitioner
applied through the online mechanism introduced pursuant to the
directions of the Supreme Court. Thereafter, the respondent called
upon the employer to furnish records and issued several
reminders. The employer responded by stating that the relevant
documents had already been submitted earlier and were available
with the EPFO. This reply raises a possibility that the records may
be in the possession of the authority. At the same time, such a
statement by the employer cannot be accepted without
verification. It casts a duty upon the respondent to examine its
own records and ascertain whether the documents are indeed
available.
24.In a situation where the employer does not fully cooperate,
the authority cannot close the matter at that stage. It must proceed
13
wp4826-2026 & connected-J .doc
further and make its own inquiry from available sources. This
would include examination of its internal records such as
electronic data, old physical returns, member ledgers, passbook
entries, contribution history and Form 3A details. These materials
can provide a picture regarding the contributions made by or on
behalf of the employee. The authority must then arrive at a
conclusion based on this material.
25.For this reason, I am of the view that in cases of this nature,
particularly relating to periods prior to the year 2010 when record
keeping was not digitised, the authorities must adopt a workable
approach. Initially, the authority must call upon the employer to
produce records and grant reasonable opportunity. If the employer
fails to respond or responds inadequately, the authority must then
turn to its own records and verify what is already available.
Thereafter, if gaps are still found, the authority should seek
corroboration from other reliable documents such as the
employee’s joint option, salary records, appointment details, wage
slips, bank statements and prior communications of the employer.
If upon such examination it appears that contributions on higher
wages were in fact made and that the employee had exercised the
option, then the authority should proceed to process the claim,
subject to payment of any differential contribution and applicable
interest. Rejection should not be the immediate outcome. It must
come only after all possible avenues of verification are exhausted
and a finding is recorded that the claim cannot be substantiated
even on consideration of available material. Even in such a case,
reasons must be clearly stated.
14
wp4826-2026 & connected-J .doc
26.This approach becomes necessary because the employee
cannot be made to suffer for defaults of the employer or for
deficiencies in record maintenance by the authority itself. The
system of maintaining records is intended to safeguard the
interests of employees. It cannot be used as a ground to deny
benefits. Particularly in cases relating to earlier periods, insistence
on production of original records in a particular format may lead
to unjust results. The authority must therefore adopt a rational
method of verification, asking whether there is evidence of
contribution, whether the employment is established, and whether
the overall material supports the claim.
27.Applying these principles to the present case, it becomes
evident that the petitioner has raised a substantial claim. The
documents produced by him, when read along with the employer’s
responses and the records likely to be available with the
respondent, required a deeper scrutiny. The impugned order,
however, proceeds on the ground that certain documents were not
produced by the employer, without examining whether the other
materials on record were sufficient to establish entitlement. This
reflects a mechanical approach which is not consistent with the
nature of the scheme. The claim ought to have been examined on
its substance, especially when the deficiency is attributable to lack
of cooperation by the employer and the historical nature of the
records.
28.In view of the foregoing discussion and for the reasons
recorded hereinabove, the following order is passed:
15
wp4826-2026 & connected-J .doc
(i) The impugned orders dated 8 April 2025, 9 April 2025
and 4 December 2025 passed by the respondent, rejecting
the applications of the petitioners for grant of pension on
higher wages, are quashed and set aside;
(ii) The matters are remanded to the respondent authority
for fresh consideration of the petitioners’ applications for
pension on higher wages, in accordance with law and in light
of the observations made in this judgment;
(iii) The respondent shall, upon such reconsideration, not
reject the claims solely on the ground of non-production of
Form 6A, challans or similar records by the employer,
particularly for the period prior to the year 2010, and shall
instead examine all available material including Form 3A,
EPF account statements, contribution history, and any other
corroborative documents;
(iv) The respondent shall make an independent verification
of records available in its own custody, including electronic
data and past returns, and shall also take into account the
communications made by the employer and the documents
already submitted by the petitioners;
(v) In the event the respondent finds that contributions on
higher wages were in fact made and that the petitioners had
exercised the joint option in substance, the respondent shall
process the claims and grant consequential pensionary
benefits, subject to deposit of any differential contribution
along with applicable interest, in accordance with the
16
wp4826-2026 & connected-J .doc
scheme;
(vi) The petitioners shall be given an opportunity, if
required, to furnish any additional material or clarification in
support of their claims, within such time as may be
prescribed by the respondent;
(vii) The entire exercise of reconsideration shall be
completed within a period of twelve weeks from the date of
receipt of this order;
(viii) It is clarified that the respondent shall pass a reasoned
and speaking order upon reconsideration, dealing with all
relevant material and contentions;
(ix) All writ petitions are accordingly allowed in the above
terms. No order as to costs.
(AMIT BORKAR, J.)
17
Legal Notes
Add a Note....