BUILDERS ASSOCIATION OF INDIA, MADURAI CENTRE, NO.52, NORTH VELI STREET, POST BOX NO.256, MADURAI Vs. UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF LABOUR, SHRAM SAKTHI BHAVAN, RAJI AHMED KIDWANI ROAD, NEW DELHI

JUDGEMENT

(1.) This Writ Appeal has been directed against the order dated 26.06.2007 passed in W.P(MD)No.3642 of 2004.

(2.) The appellant herein as petitioner has filed W.P(MD)No. 3642 of 2004 under Art. 226 of the Constitution of India praying to issue a Writ of Mandamus so as to forbear 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.

(3.) It is averred in the petition that the petitioner is a Builders Association of India. The avocation of the petitioner is to construct buildings by way of engaging casual workers/ labourers. Casual workers/labourers are not covered within the purview of Employees' Provident Funds and Miscellaneous Provisions Act, 1952. But amendment 26(2) says employees engaged by any other establishment. Under the said circumstances the third respondent has issued the notice mentioned in the petition and therefore the present Writ Petition has been filed for getting the relief sought therein.