In a significant development coming from Karnataka, the Karnataka High Court has held “PF” issued to foreign workers as unconstitutional. This move is set to impact many “expatriates” who have contributed to social security schemes or were part of them.
The Karnataka High Court has struck down the provision as “unconstitutional and arbitrary”, fifteen years after the law was amended to include ‘international workers” within the scope of employees’s provident fund and pension schemes.
The petitioners in this case, which comprises people from various sectors such as real estate, education, and technology, pleaded before the court that the provisions in question are in conflict with Article 14 of the Indian Constitution, an article that guarantees each citizen equality before law. The grievances of the petitioners were as follows:
In the April 25 order, Justice Hemalekha emphasized that the primary objective of the EPF Act is to provide retirement benefits to employees, particularly those in lower salary brackets. The Act aims to ensure financial security for workers after their retirement by facilitating savings during their employment period. Justice Hemalekha clarified that the EPF Act is designed to benefit employees with lower salary levels and does not extend its provisions to employees earning higher salaries. Therefore, employees with higher salaries should not automatically be entitled to benefits under this law. Lastly, the judge held that it said that para. 83 of the EPF (dealing with international workers) “is in the nature of subordinate legislation” and cannot extend beyond the scope of the law.
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