GOPAKUMAR A.P. Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners herein are employees of Kerala State Financial Enterprises Ltd., the 4th respondent herein. The said establishment is covered under the Employees' Provident Funds and Miscellaneous Provisions Act , 1952 and the schemes framed thereunder. In terms of para 26(6) of the Provident Fund Scheme, 1952, the petitioners as well as the 4 th respondent are stated to have exercised their option and they have been remitting the contribution on their actual salary without limiting it to the ceiling of Rs.6500/-.

(2.) The petitioners are aggrieved by the refusal of the respondents to extend the provisions of the Employees' Pension Scheme, 1995 in all its vigour to the petitioners and also to the changes brought about by the Employees' Pension (Amendment) Scheme, 2014. They have approached this Court seeking a direction to the respondents 2 and 3 to collect contribution on the basis of actual salary drawn by the petitioners in terms of the proviso to paragraph 11(3) of the Employees' Pension Scheme, 1995 from the date of joining the Pension Scheme and for incident orders.

(3.) Heard Sri.S.M.Prem, the learned counsel appearing for the petitioners, Sri.Nita N.S., the learned counsel appearing for the respondents 2 and 3 and Sri.Gopikrishnan Nambiar, the learned Standing counsel appearing for the 4th respondent.