(Ministry of Labour & Employment, Govt. of India)
Head Office,
Bhavisha Nidhi Bhavan, 14, Bhikaji Cama Place, New Delhi-110066.

No: Pension-l/12/33/EPS  Amendment/96 Vol. II/4432

Dated: 31st May, 2017

All ACCs (Zonal Offices)
All Regional P.F. Commissioner (In-Charge of Regions),
All officers-in-charge of SROs.

Subject:- Allowing members of the EPS’ 95 the benefit of the actual salary in 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 Appeal NO(S) 10013-10014 of2016 arising out of SLP No. 33032-33033 of 2015 – reg.


Please arrange to refer this office letter No. Pension-I/12/33/EPF/Amendtments/96/Vol-l 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 employees of EPF exempted establishments. In  this context, it is informed as under:

(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 EPFO and whose P.F. Contribution on higher wages has been received by EPFO.

(ii) All the appellant employees in the aforesaid case before the Hon’ble Supreme Court were from unexempted  establishment i.e. an establishment 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.6,500/-.

(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 was 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.

(v) 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.

The matter was placed in the 40th PEIC meeting. As decided in the 40th 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 be eligible for the benefits contemplated  in the judgment as per the aforesaid  Hon’ble Supreme Court order.

(This issues  with the approval of CPFC)

Yours faithfully

(Mukesh Kurmar)
Regional PF Commissioner-I (Pension)

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Category : Corporate Law (3866)
Tags : EPF (287) EPFO (256)

9 responses to “EPFO to allow benefits to members of EPS’ 95 as per SC Order”


    I am D.srinivasacharya, worked at HMT LTD>,Hyderabad, from 1972 to 2001 november, after that i have taken VRS , since then iamgetting monthlty pension Rs.850/ and our company maintained PF TRUST., MY PH.NO.IS 9848085908, AT THE TIME OF RETIREMENT MY BASIC AND da WAS rs.1400.00 APPROX. MAYI ELGIBLE FOR HIGHER PENSION?

  2. Rathin Ganguly says:

    I am under EPF 1995,retired from service on 31.08.2012.It seems the authority is not obeying the supreme court order and not taking any positive steps for enhancement of pension.


    I am under epf95,retired from munjal sales corporation Ludhiana pb.on 31.3.2007 as per the orders of honorable supreme courts orders,SLP No.33032-33033 of 2015 I am still getting only Rs.1315/-per month as pension from Karnal {Haryana] WHY IAM NOT GETTING THE INCREASED PENSION AS ORDERED BY THE HONOURABLE SUPREME COURT

  4. Ashok Kumar Sethi says:

    I am under epf95 retired from Munjal Sales Corporation Ludhiludhiana pb. I have been retired on 31.3.2007 presently I am getting Rs.1315/- monthly pension despite the orders of honorable supreme Court

  5. Ashok Kumar Sethi says:

    I am under epf95, retired from Munjal Sales Corporation, Ludhiludhiana(pb)on 31.3.2007, still waiting higher Pension as ordered by the honorable supreme court order since am getting Rs1315/-

  6. T.Shyamprasad says:

    It is earnestly requested to increase the minimum EPFO/EPS pension to Rs 7500 at the earliest.
    This will also help in getting the ruling BJP BJP Govt to be voted back to power again and again.

  7. I am working in an unexempted category . My PF contribution is on full salary but pension contribution is as per limit . Now, I want to know whether I am eligible for higher pension as per the above circular or not ? You can contact me on 9910029717

    • V.V. Rao says:

      I am going to retire on 31.7.18 in an unexempted organisation of ePF. Shall I elegible for applying Higher Option Pension scheme (i.e.Basic as Pensionable Salary). PF Offices are not giving application forms for those who retires after 2014 November. Kindly advise


    I am under EPS’95. I retired from Franco-Indian Pharmaceuticals(P)Ltd,20,Dr.E.Moses Road,Mumbai 400011. on 2010,Employee No.3100.

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