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2006 Supreme(Ker) 254

V.K.BALI, J.B.KOSHY
N. Vijayan – Appellant
Versus
The Secretary to Government, Agricultural (Diary) Department – Respondent


Judgment :-

V.K. Bali, C.J.

By this common order we propose to dispose of this bunch of connected matters. The bare minimum facts as projected that need a necessary mention have been extracted from W.P.(C).No.574 of 2004 and W.A.No.435 of 2004.

2. The question that needs adjudication is as to whether an employer who may have been contributing in excess of the minimum prescribed under the statutory limits even though on the basis of a joint application filed by the employer and employees before the concerned authorities under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act of 1952) can discontinue from the remittance of such excess share of provident fund.

3. The petitioners in W.P.(C).No.574 of 2004 are employees and association of employees of the Kerala Co-operative Milk Marketing Federation Limited, second respondent herein, which consists of three regional co-operative milk producers unions; the Trivandrum Regional Co-operative Milk Producers Union, the Ernakulam Regional Co-operative Milk Producers Union and the Malabar Regional Co-operative Milk Producers Union. As per the decision of the Board of Directors of the second r





























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