P.ANAND Vs. COMMISSIONER, EMPLOYEES PROVIDENT FUND

JUDGEMENT

(1.) The present writ petition has been filed by the senior temple employees of Kanniyakumari Temples seeking a Mandamus, to direct the respondents to pay equal contribution amount to the Employees Provident Fund Organization from August 2015 based upon their representation dtd. 17/12/2024.

(2.) The petitioners herein have crossed in Rs.15,000.00 threshold limit as contemplated under Sec. 6 of the Employee's Provident Fund Act. As on today, they continue to be members of the Employees Provident Fund Scheme and contributions are paid by them at the rate of 12% at Rs.15,000.00. Now the grievance of the writ petitioners is that they are ready to pay their 12% contribution on the actual wages and the Management, namely, the Hindu Religious and Charitable Endowments Department shall be directed to pay the equal contribution on the actual wages. For the said grievance, a representation has been addressed by the petitioners to the third respondent on 17/12/2024. The same has been forwarded by the third respondent to the second respondent on 7/1/2025.

(3.) As per paragraph No.11 (4) of the Employee's Pension Scheme, the Management has to give its consent for payment of 12% contribution on the actual wages. When the wages have already crossed in Rs.15,000.00, a decision has to be taken by the second respondent, as to whether to give consent for the same or not. Since the letter forwarded by the third respondent to the second respondent is pending with the second respondent from January 2025 onwards, this Court is inclined to direct the second respondent to consider the letter forwarded by the third respondent and pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.