LAWS(KAR)-1991-11-12

VIDYARANYA CHITRA MANDIR Vs. UNION OF INDIA

Decided On November 11, 1991
VIDYARANYA CHITRA MANDIR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) in this batch of writ petitions, the petitioners who are all owners of cinema theatres scattered all around the Karnataka state, are challenging the validity of Section 24 of the cine workers and cinema theatre workers (regulation of employment) Act, 1981 (hereinafter referred to as 'cinema theatre workers act', and the notification dated 30-4-1986 issued under Section 7(1) of the employees' provident funds and miscellaneous Provisions Act, 1952 (hereinafter referred to as the 'employees' provident funds act') and for other consequential reliefs.

(2.) according to the petitioners, the Provisions of Section 24 of the cinema theatre workers act are unreasonable and violative of Article 14 of the Constitution oftndia and as such, it shall be declared as void. They have also further contended that the parliament in enacting Section 24 of the act has singled out the cinema theatre for discriminatory treatment and there is no rational difference between the cinema theatre employees and those who are working in other industries or establishments having five or more persons as employees in the matter of application of the Provisions of the employees' provident funds act. They have also further contended that the extra burden imposed arbitrarily on their respective theatres is violative of their right to carry on business and violative of Article 19(1)(g) of the constitution.

(3.) since an identical question of law is involved in all these petitions, the original order is passed in writ petition No. 15944 of 1986.