K.LALITHAMBIKA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are employees of the 3 rd respondent-Kerala Minerals & Metals Limited, working in various cadres and they are covered under the Employee's Provident Funds and Miscellaneous Provisions Act , 1952. They are members of the Employees' Pension Scheme, 1995 framed under the Employees' Provident Funds and Miscellaneous Provisions Act 1952. Their contribution along with employer's contribution to the Provident Fund is made on the basis of the actual salary without limiting the contribution on the basis of fixed salary of Rs.6500/- per month.

(2.) The petitioners are praying for following reliefs in this writ petition.

(3.) It is argued by the learned counsel for the petitioners that the subject matter is covered by judgment of the Hon'ble Division Bench of this Court in P.Sasikumar and others vs. Union of India (ILR 2019 (1) Kerala 614) and also of the learned Single Judge of this Court in W.P.(C) No.10401 of 2015 dated 31.03.2015 and in W.P.(C) No.20557 of 2019 dated 24.06.2020. It is reported that the judgment of this Court in the matter of P.Sasikumar's case (supra) is already confirmed by the Hon'ble Supreme Court in the Special Leave Petition filed by the Employees' Provident Fund Organization. With this, learned counsel for the petitioners submitted that, as the issue is already covered by several judgments of this Court which are also confirmed by the Hon'ble Apex Court, the instant petition needs to be allowed.