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In all these petitions, petitioners who are the employers and the employees questioning the vires of para 83 introduced in the Employees Provident Fund Scheme, 1952 ("EPF Scheme" for short) and para 43A in Employees Pension Scheme, 1995 ("Pension Scheme" for short), as wholly arbitrary and unconstitutional, basic ground on which the vires questioned is the same, as the order to be pronounced applies to all the petitions and hence, common order is passed.

2. 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 prayer sought in all the writ petitions is to declare para 83 of the EPF Scheme and para 43A of the Pension Scheme, as unconstitutional and hit by Article 14 of the Constitution of India, and also as illegal opposed to the very object of the

(IV) It is contended that the EPF Act was duly amended in the year 2008 under which, para 83 was inserted into the EPF Scheme to extend the coverage of international workers under the EPF Scheme and further introduced para 43A under the Employees Pension Scheme and the Scheme was given effect from 11.09.2010, insofar as it relates to international workers. According to the respondent, the Government of India finalized a bilateral Social Security Agreement ("SSA") with Belgium, Germany, Switzerland, Denmark, Luxemburg, France, South Korea, and the Netherlands effective on several dates respectively. As a result of the said reciprocal agreements with the above countries, the Government of India extended the provisions of the EPF & MP Act, 1952, and the Scheme to the international workers.

17. The petitioners have challenged the constitutional validity of para 83 of the EPF Scheme and para 43A of the Pension Scheme as being unconstitutional is hit by Article 14 of the Constitution of India, and also as illegal being opposed to the very object of the EPF & MP Act, 1952. The EPF Scheme was introduced on 01.10.2008 to start with, and later it was amended on 03.09.2010 and the modified (1951) SCC 860 (1952) 1 SCC 1 (1952) 1 SCC 725

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Para 83 of the EPF Scheme is in the nature of subordinate legislation and therefore, the subordinate legislation cannot travel beyond the scope of the mother Act. Keeping in view the aims and objects of the main EPF & MP Act, when a ceiling amount of Rs.15,000/- per month has been placed as a threshold for an employee to be a member to the scheme, para 83 of the EPF Scheme ought not to have an unlimited threshold for international workers while denying the same benefit to Indian workers. There being no commonality of interest of the aims and objectives of EPF & MP Act, 1952 and para 83 of EPF Scheme, para 43A of EP Scheme to be struck down as incompatible, arbitrary, unconstitutional and ultra vires.