SANTHOSH A.B Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are employees of the 4th respondent - The Forest Industries Travencore 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 Employee's Provident Fund 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.) Petitioners are praying for following reliefs in this petition.

(3.) It is argued by the learned counsel for the petitioners that the subject matter is covered by judgments of the Hon'ble Division Bench of this Court in Sankaranarayanan N.S Vs. Union of India and others decided on 12/10/2018, P.Sasikumar and Others Vs. Union of India [ILR 2019 (1) Kerala 614], and in WP(C) No. 22087/2015 (G. Krishnan Vs. Union of India & Others) decided on 12/10/2018, and also the judgments of the learned Single Judge of this Court in WP(c) No. 10401/2015, (Jayachandran.E and Others Vs. Union of India) decided on 31.03.2015, and in WP(c) NO. 20557/2019, (Balchandran K.K. and Others Vs. the Employee's Provident Fund Organization and Others) decided on 24.06.2020. It is reported that 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, the 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.