VISHWANATHA PAI Vs. REGIONAL PROVIDENT FUND COMMR

JUDGEMENT

(1.) In this batch of writ petitions the petitioners who are all owners of cinema theatres challenge the validity of S.24 of the Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (hereinafter referred to as the Cinema Theatre Workers Act) and the notification dated 30-4-1986 of the Government of India, Ministry of Labour (produced as Ext. P1 in OP. 8207 of 1986) amending the Employees' Provident Funds Scheme, 1952 issued under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Employees Provident Funds Act).

(2.) The Employees' Provident Funds Act came into force on 14-3-1952. The Preamble of the Act states that it is an Act to provide for the institution of provident funds, family pension fund and deposit-linked insurance fund for employees in factories and other establishments. The Act by S.1(3) makes it applicable to every factory referred to in clause (a) and also to any other establishment referred to in clause (b) employing twenty or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify in that behalf. The schemes under S.5, 6A and 6C of the Employees' Provident Funds Act providing for employees' provident fund, employees' family pension and for employees' deposit-linked insurance were issued in 1952. The Act by notification of the Government of India issued on 31-7-1961 under S.1(3) was made applicable to cinema theatres employing 20 or more persons.

(3.) The Cinema Theatre Workers Act received the assent of the President on 24-12-1981 and was published in the Gazette on the same day. The Act came into force with effect from 1-10-1984. The Preamble of the Act says that it is to provide for the regulation of the conditions of employment of certain cine-workers and cinema theatre workers and for matters connected therewith. S.2(a) defines "cinema theatre" to mean a place which is licensed under Part.3 of the Cinematograph Act, 1952 or under any other law for the time being in force in a State for the exhibition of cinematograph films. S.2(c) defines "cine-worker"' to mean an individual employed directly or through any contractor or other person, in or in connection with the production of a feature film to work as an artiste (including actor, musician or dancer) or to do any work, skilled, unskilled, manual, supervisory, technical, artistic or otherwise; and whose remuneration with respect to such employment in or in connection with the production of such feature film does not exceed, where such remuneration is by way of monthly wages, a sum of one thousand six hundred rupees per month, and where such remuneration is by way of a lump sum, a sum of fifteen thousand rupees. S.16 of the Cinema Theatre Workers Act makes the Employees' Provident Funds Act applicable to every cine-worker who has worked in not less than three feature films with one or more producers "as if such cine-worker were an employee within the meaning of that Act". S.24 of the Cinema Theatre Workers Act, the validity of which is challenged in these writ petitions enacts: