Along with this, the court also said that the banks cannot put pressure on the defaulter to repay the loan by harming his reputation and honour. This decision has been given by the bench of Justice Murali Purushothaman.

Strict court order

Justice Murali Purushottam said that if a person’s picture and information is made public, it is a violation of his right to honor and dignity. The court also clarified that forcing a defaulter to repay the loan by threatening him would be a violation of Article 21 of the Constitution. This gives a person the right to live with dignity. After this decision, no bank will be able to recover the loan in this way. The court also said that this is not the right way to recover.

This was the matter

Now the question arises as to why the court had to give this decision. Actually, Chempazhanthi Agricultural Reform Cooperative Society had filed a petition. They had complained that the banks were putting up flex boards displaying the names and pictures of loan defaulters outside their headquarters. The court gave its decision on this and ordered the removal of these flex boards.

Money was demanded from defaulters

The bank said that they had asked for money from the defaulters several times before taking this step. They said that this is similar to the old method of tom-tomming under the Kerala Cooperative Societies Rules, 1969. This is applicable when someone’s immovable properties are confiscated. However, the court said that this practice of tom-tomming is an old and primitive method. It is not right to adopt it now.

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The post Banks Can’t Make Public Photograph and Information of Loan Defaulters – High Court first appeared on Rightsofemployees.com.

Subscribers have time till May 3

The petition claimed that while opting for higher contribution, a copy of the prior permission has to be given, which is mandatory under the EPF Scheme, 1952. The petitioners argued that the EPFO ​​never insisted on giving such permission and was accepting higher contributions.

They said that they are not able to fill the said column in the online option form, and without giving the proof of prior consent, they will not be able to submit the online option successfully. If they do not do so before the deadline of May 3, they will be deprived of the benefits of the scheme. The Supreme Court has given time till May 3 to choose the option of higher pension.

What did the Kerala High Court say to EPFO?

The EPFO ​​opposed the plea, arguing that permission was a “vital requirement” for availing the benefit. After listening to everyone’s arguments, the High Court said that the petitioners should get interim relief. The court said, “The Supreme Court has fixed May 3, 2023 as the last date for submitting the options. Now EPFO ​​is insisting on proof of prior consent for furnishing the details of the option under Para 26(6) of the EPS Scheme. Also, in view of the specific nature of the online facility provided for this, they are being prevented in a way from submitting the application regarding the said option.

Asked to provide online and offline facilities

The judge said that if the petitioners were not allowed to submit their options before the last date, they would be forever deprived of the opportunity to claim the benefits under the award of the court. The court directed the EPFO ​​and the authorities under it to “make adequate provisions in the online facility so that the employee/pensioner can easily exercise the option as directed by the apex court without proof of consent.” It said that if In case the online facility cannot be suitably modified, other viable options including physical submission of applications may be provided.

It said that the above facilities shall be made available to all within a period of 10 days from the date of the High Court’s order dated April 12. be made available to employees and pensioners.

The post EPFO Higher Pension Scheme: Relief news for EPF subscribers, this order of Kerala High Court will help first appeared on Rightsofemployees.com.