M.K.ABDULHAMMED Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are employees of the Food Corporation of India and they are working as DPS (Direct Payment System) workers. They are members of the Employee's Pension Scheme, 1995 framed under the Employees' Provident Funds and Miscellaneous Provisions Act , 1952. They are provided with Universal Account Numbers maintained by the Provident Fund Authorities. 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.6,500/- per month. Petitioners are praying following reliefs in this petition.

(2.) Petitioners' claim is based on the judgment of the Hon'ble Division Bench of this Court in Sankaranarayanan. N.S Vs. Union of India and others decided on 12/10/2018, as well as judgment in the matter of P.Sasikumar and Others Vs. Union of India reported in [ILR 2019 (1) Kerala 614]. It is reported that judgment in the matter of P.Sasikumar and others (supra) is already affirmed by the Hon'ble Supreme Court in Special Leave Petition filed by the Employees' Provident Fund Organization.

(3.) The learned counsel for the petitioners submitted that the case of the petitioners is exactly identical with that of the petitioners in WP(C) No. 34284/2016 in Sankaranarayanan. N.S Vs. Union of India and others. It is further argued that the issue is covered by the judgment of this Court in the matter of P.Sasikumar and Others (supra) and therefore, the petition needs to be allowed.