EPF Act Can Be Applied Even To Factories Not Engaged In Schedule 1 Industries: Supreme Court Rejects Plea Of Umbrella Making Unit

Case: THANKAMMA BABY v. THE REGIONAL PROVIDENT FUND COMMISSIONER

Coram: Justice Abhay S Oka and Justice Sanjay Karol

Case no.: CIVIL APPEAL NO. 4619 OF 2010

Court Observation: “We are dealing with a social welfare legislation described by the Constitution Bench as a measure of social justice. Therefore, to give effect to the legislature’s intention, the Court will have to adopt a purposive interpretation. We, therefore, reject the contention that all factories which are not covered by industries in Schedule I are out of the coverage of clause (b)”.

“Clause (a) of sub-Section (3) is applicable only to those factories engaged in any industry specified in Schedule I. Clause (b) of sub-Section (3) is applicable to all other establishments which are not covered by clause (a) of subSection (3) provided such establishments are notified by a notification issued by the Central Government which is published in the official Gazette. Clause (b) of sub-Section (3) takes within its fold all establishments which are not covered by clause (a). Therefore, a notification under clause (b) can be issued in respect of factories engaged in any industry which is not specified in Schedule I”.

Previous Posts

Conviction For Committing Sexual Offences No Ground For Denying Benefit Of Furlough: Delhi High Court

Retrospective Changes Likely To Devastate Entire Sector, Withdrawal Of Merchandise Exports Scheme Shall Apply Prospectively: Delhi High Court

Allegation Of Caste Discrimination In Madras Bar Association Far-Fetched; Discrimination Doesn’t Flow From Membership Denial: Madras High Court

PNB Regulations | Bank Can’t Withhold PF & Gratuity Without Proving Actual Loss Caused By Employee: Supreme Court

Kerala High Court Allows Married Couple’s Plea To Terminate 32-Week Pregnancy On Grounds Of Foetal Abnormality, Mother’s History Of Depression

Keywords

EPF Act, Supreme Court