N PACKIYALAKSHMI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in all these Writ Petitions are registered Contractors with the Tamil Nadu Small Industries Department Corporation (for short TIDCO ).

(2.) IN all these Writ Petitions, the petitioners are challenging a condition imposed in the tender schedule viz. , that the future tenders must be a registered and must have a registration number given by the Employees' Provident Fund Department under the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

(3.) THE grievance of the petitioner is that they have been executing various projects undertaken by the SIDCO. During the execution of the said project, they were scrupulously observing all the labour laws. By the introduction of this condition, they have been asked to perform certain Acts which are next to impossibility. The question of registering with the P. F. authorities and keeping a permanent registration number does not arise. In most of the projects, the construction activities carried on by them which involves outsourcing the work or employing the workers who are less than members stipulated for coverage under the E. P. F. Act. Many time the casual employment of workers in construction activity do not involve coverage under E. P. F. Act.