B.JYOTHISH KUMARI Vs. TERUMO PENPOL PRIVATE LIMITED

JUDGEMENT

(1.) The petitioners herein are employees of M/s. Terumo Penpol Pvt. Ltd., the 1st respondent herein. The said establishment is covered under the Employees' Provident Fund 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 1 st 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 to quash para No.4 (a), (b), (c), ii, (d) and 5 of GSR 609 (E) published as per notification dated 22.8.2014 and also for a further direction to confer on them all the benefits envisaged under the Scheme without reference to the Employees' Pension (Amendment) Scheme, 2014. They have also sought for a direction to the respondents to accept the contribution paid without insisting for a ceiling limit from the date of contribution.

(3.) Heard Smt.A.K.Preetha, the learned counsel appearing for the petitioners, Sri.C.Padmakumar, the learned counsel appearing for the 1st respondent and Sri.S.Sujin, the learned Standing counsel appearing for respondents 3 and 4.