
'Unconstitutional': Karnataka High Court Strikes Down Amendment Extending EPF Scheme To 'International Workers' Without Salary Ceiling Limit
Live LawThe Karnataka High Court has recently declared as 'unconstitutional' para 83 introduced in the Employees Provident Fund Scheme, 1952 and para 43A in Employees Pension Scheme, 1995, which covered international workers under the scheme irrespective of the salary drawn by them with effect from 01.10.2008. The Union of India, vide notification dated 01.10.2008, introduced para 83 in the EPF Scheme and further para 43A under the Pension Scheme covering international workers with effect from 01.10.2008. "The demand for contribution on global salary i.e., salary earned by an international worker or remuneration received by an international worker from some other country or in home country should also be computed for the purpose of the contribution is on the face of it, arbitrary and hit by Article 14 of the Constitution of India.” It also said that government neither stated whether Indian employees working in non SSA countries are required to contribute their entire pay without statutory limit towards PF of that country. Case Title: Stone Hill Education Foundation AND Union of India & Others Case No: WRIT PETITION No.18486/2012 C/W WRIT PETITION No.11/2012 C/W WRIT PETITION No.1939/2010, WRIT PETITION No.4051/2012, WRIT PETITION No.8545/2012, WRIT PETITION No.9188/2012, WRIT PETITION No.27064/2012, WRIT PETITION No.28000/2012, WRIT PETITION No.36160/2012, WRIT PETITION No.37835/2012, WRIT PETITION No.39016/2012, WRIT PETITION No.39185/2012, WRIT PETITION No.39570/2012, WRIT PETITION No.42364/2012, WRIT PETITION No.45706/2012, WRIT PETITION No.45770/2012, WRIT PETITION No.46029/2012, WRIT PETITION No.47926/2012, WRIT PETITION No.56837/2013, WRIT PETITION No.22507/2015, WRIT PETITION No.15839/2019, WRIT PETITION No.19464/2021, WRIT PETITION No.20560/2012.
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