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2024 Supreme(Online)(Ker) 89516

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. AMIT RAWAL, MR. EASWARAN S., JJ
JOSE V. THOMAS – Appellant
Versus
THE EMPLOYEES PROVIDENT FUND ORGANIZATION – Respondent


Advocates:
For the Appellants/Petitioners: R.SANJITH, C.S.SINDHU, KRISHNAH ALEX JOHN PULIMOOD
For the Respondents: SRI SAJEEV KUMAR K GOPAL, SC, EPF
SRI T.K. VIPINDAS, SR GP

Table of Content
1. writ appeal based on failed claims from the single bench. (Para 1 , 2)
2. context of employee contributions and employer obligations. (Para 3 , 4)
3. challenges against epf's decision and employer's voluntary contributions. (Para 6 , 7 , 8 , 9 , 10)
4. court's interpretation of statutory provisions and their application. (Para 11 , 12 , 13 , 14 , 15)
5. final decisions regarding allowances of contributions and directives. (Para 16)

JUDGMENT AMIT RAWAL, J.

1. Present writ appeal is directed at the instance of five (5) writ petitioners out of a set of sixteen (16) writ petitioners, who have not been successful before the Single Bench in claiming the following reliefs:

“i) To call for the records leading to the issuance of Exhibit P3, examine its legality, propriety and quash the same by issuing a writ of certiorari ii) To issue a writ of mandamus and command respondents 1 to 4 to compute and communicate the deficiency on the part of 5th respondent in making provident fund contribution on the respective actual salary of petitioners, including damages and interest, if any, and permit the 5th respondent to remit the deficient amount to the respective provident fund account o

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