Email from our AOR Shri Purushottam Sharma Tripathi Ji on Final Day (11.08.2022) Proceedings in the Supreme Court
Subject: EPF cases Judgment has been reserved by the Supreme Court
In continuation of my earlier emails today MR. C. A Sundaram Senior Advocate and counsel for the EPFO commenced his arguments of the 05.08.2022 Affidavit filed by EPFO. The Judges were more than kind towards him in hearing him over the time limit allocated i.e.one and half hours.
MR. Sundaram has tried to confuse and confound the judges by means of the actuarial report analysis, the calculations skewed in favor of the EPFO and relying on the judgments of Krishna Kumar, Mafatlal, Pawan Hans, OTIS case and distinguishing D.S NAkara whereas the said judgments are totally different on facts.
As instructed Mr. Gopal Sankaranarayanan and Mr. Vikas Singh Senior Advocates were present and rebutted several arguments of the EPFO. Mr. Vikas Singh pointed out that the CAG audit report was never forthcoming and also relied on the document applied by Kohli Saheb wherein Ld. AG had opined in favour of OIC Ltd. employees to be granted an option to contribute to a higher contribution to pension.
The Second Half was taken by Mr. Vikramjit Banerjee ASG Govt of India who was unable to place on record a single document from the Government of India to support the stand of the EPFO. This was a major victory for us.
Mr. CU Singh for Tata Motors was also discounted and not taken seriously by the Bench. Despite seeking to place his su-rebuttal to the EPFO submissions MR. Vikas Singh was denied the opportunity and the judgment has been reserved.
Mr. Vikas Singh Senior Advocate however has asked us to prepare a reply to the EPFO and give it to him on Tuesday so that he may submit the same before the Court.
My take on today
2 Judges remain in our favour
The Senior Judge is noncommittal but has now been forced to adopt a lenient view towards pensioners.
I take this opportunity to thank each one of you and your association members who reposed such deep faith in me and gave me an opportunity to represent your Godself in this batch cases. Thank you for providing all documents to me and guiding me in preparing the case strategy. Every one of the Senior Advocates performed to the best of his/her ability. We can be satisfied that we gave our best, the seniors represented our case the best.
Rest is in the Judge’s hand and the Almighty (Fate).
I shall pray that our endeavor is successful.
Thank You Sirs’ once again.
Purushottam Sharma Tripathi
On behalf of TEAM NCR & NCOA