LAWS(GJH)-2023-2-718

SUSHIL VISHWAKANT TEWARY Vs. STATE OF GUJARAT

Decided On February 13, 2023
Sushil Vishwakant Tewary Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for following relief:-

(2.) It is the case of the petitioner that under the provisions of the Employees' Provident Funds and Misc. Provisions Act , 1952, at the relevant time, 10% or 12% of the basic wages including Dearness Allowances is required to be deposited in the Provident Fund Account of the respective employee towards the share of the employee with contribution to the same extent from the wages of the employee and similar contribution from the employer.

(3.) The present issue arose on account of the fact that the petitioner's case being that there should not be any percentage of contribution towards the scheme, but depending upon the last salary drawn should be the consideration for the purpose of granting benefit under the Act.