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(VI) It is further submitted that the grievance of the petitioner that international workers can withdraw the full amount standing to their credit in the fund only on attaining the age of 58 years or on retirement on account of permanent and total incapacity for work due to bodily or mental infirmity has been resolved in respect of international workers being deployed in India from SSA countries, further stating that, an international worker from an SSA country is entitled to withdraw his provident fund accumulation on

(xiv) Only those employees covered by SSA will be eligible for withdrawal benefit under the EPF, 1995, who have not rendered the eligible service i.e., ten years even after including the tantalization benefit, if any, as may be provided in the said agreement.

(xv) In all other cases of international workers not covered under SSA withdrawal benefit under EPF, 1995 will not be available.

(xvi) The cap on the salary upto which the contribution has been made under EDLI Scheme, 1976 is Rs.6,500/-.

24. An Indian employee working in a foreign country with SSA who is a member of EPF & MP Act, 1952 continues to contribute on meager sum of Rs.15,000/- whereas, a foreign worker from SSA country, without a certificate of coverage, is made to contribute PF on his entire salary although both are by definition of international workers. The

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Government of India is unable to substantiate any nexus with the object sought to be achieved, para 83 is clearly discriminatory in treating the international workers of Indian origin and foreign origin differently and thus violative of Article 14 of the Constitution of India. The distinction in the amount of contribution between an employee going to a non- SSA country and an employee from a non-SSA country coming to India is clearly discriminatory and violative of Article 14. 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.

26. Thus, it is clear from the above analysis that there is discrimination between the Indian employees working in a non-SSA country (who are not international workers as per definition) and foreign employees from a non-SSA working in India who are classified as international workers. There is no rational basis for this classification nor there is reciprocity

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that compels to classify foreign employees from non-SSA countries as international workers. The respondents neither have stated whether the Indian employees working in non- SSA countries nor required to contribute their entire pay without statutory limit towards PF of that country. In the absence of parity and also in the absence of reciprocity, there is no justification to demand a contribution on the entire pay of a foreign employee from a non-SSA country.