Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2016 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 1456 - HC - Indian LawsSeeking forbearing the respondents from enforcing the provisions of the amended Paragraph 26(2) of the Employees Provident Fund Scheme in so far as temporary and casual and site workers engaged by the members of the petitioner - HELD THAT:- Since the Hon'ble Supreme Court in J.P.Tobacco Products, etc., etc. v. Union of India & Others [1995 (4) TMI 320 - SUPREME COURT] has already dealt with amended paragraph 26(2) of the Employees' Provident Fund Scheme, 1952, the same cannot be challenged in the present Writ Petition and further as per Section 2(f) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, the same is applicable even to casual workers. Therefore the first contention putforth on the side of the appellant/petitioner is sans merit. It is an admitted fact that under Section 7-A of the Act, the appellant/petitioner is having unfettered right of raising its objection if any and the same right has also been given by the learned Single Judge and this Court need not make any observation with regard to that aspect. Appeal dismissed.
|