KAMLESH LAXMIKANT KOTHARI Vs. EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) This is a second round of litigation filed by the petitioner seeking only for payment of interest on the provident fund amount, on the premise that the respondent namely the Employees Provident Fund Organisation has not credited the interest amount of Rs.7,17,868.00 in the Provident Fund Account of the petitioner for the period from April, 2011 until January, 2015 in an illegal manner.

(2.) In the original writ petition, the relief was also sought to declare the Circular dtd. 11/3/2011 issued by the respondent No.1 Employees Provident Fund Organisation as illegal, unconstitutional and violative of the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (in short as ' the Act' 1952') and the scheme framed thereunder.

(3.) By means of the amendment allowed vide order dtd. 10/2/2016, further prayer was added to challenge the validity of the notification dtd. 15/1/2011 issued by the respondent No.1 herein with a further declaration that the notification clearly embarks upon the right to get interest of the employee and hence, violative of Articles 14 and 21 of the Constitution of India.