LAWS(KAR)-2024-4-100

STONE HILL EDUCATION FOUNDATION Vs. UNION OF INDIA

Decided On April 25, 2024
Stone Hill Education Foundation Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In all these Petitions, Petitioners, who are the Employers and the Employees questioning the vires of Para 83 introduced in the Employees Provident Fund Scheme, 1952 ("EPF Scheme" for short) and para 43A in Employees Pension Scheme, 1995 ("Pension Scheme" for short), as wholly arbitrary and unconstitutional, basic ground on which the vires questioned is the same, as the order to be pronounced applies to all the Petitions and hence, Common Order is passed.

(2.) The Union of India, vide Notification, dtd. 1/10/2008, introduced Para 83 in the EPF Scheme and further Para 43-A under the Pension Scheme covering International Workers with effect from 1/10/2008. The prayer sought in all the Writ Petitions is to declare Para 83 of the EPF Scheme and Para 43-A of the Pension Scheme, as unconstitutional and hit by Article 14 of the Constitution of India, and also as illegal opposed to the very object of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the EPF & MP Act, 1952" for the sake of convenience) and consequently, to quash the Orders passed by Respondent No.2, seeking payment of contributions and in default to pay charges under the Act.

(3.) Writ Petition Nos.11/2012, 1939/2010, 18486/2012, 27064/2012, 28000/2012, 36160/2012, 37835/2012, 39016/2012, 39185/2012, 42364/ 2012, 45706/2012, 45770/2012, 46029/2012, 47926/2012 and 56837/2013 are filed by the Employers.