SILVER STORM AMUSEMENT PARKS PVT. LTD. Vs. ENFORCEMENT OFFICER, EMPLOYEES PROVIDENT FUND, THRISSUR AND ANOTHER

JUDGEMENT

(1.) THE appellant, a private limited company, is aggrieved of its coverage under the Employees Provident Funds and Miscellaneous Provisions Act. Its challenge to coverage, however, fizzled out before the learned Single Judge as the writ petition filed for such relief was dismissed by the learned Single Judge of this Court vide order dated 15th July, 2003.

(2.) THE contention raised before the learned Single Judge as also before us is that the appellant would not be covered by the notification dated 3.5.1963 and if that be so, the appellant would not be covered under the provisions of the Act aforesaid notification dated 3.5.1963 reads as follows:

(3.) WE have heard the learned Counsel for the appellant, but we find no merit in either of the contentions made by him as noted above. The Legislature in its wisdom, in Clause (3) of the notification has covered an arena where entertainment takes place and for which there may be entry/admission too. It is not necessary that a particular or specific place which may provide entertainment must be in existence at a time when law is enacted. It our considered view, any place for entertainment for which admission fee to the person who wants to be entertained is charged could be covered by Clause (c) irrespective of the fact that such place of entertainment may not be under contemplation at the time when law was enacted. The other contention of the learned Counsel is equally hollow. The test for coverage is where spectators or audience may be required to pay admission fee. The test for coverage in our considered view, is a place of entertainment where entry is admissible by admission fee irrespective of as to whether persons who seek entry are spectators or audience or where persons may seek enjoyment by personal participation.