SHAKTI THEATRE Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution has been filed by Shakti Theatre, Civil Lines, Bijnor, for a writ of certiorari quashing the notification dated April 30, 1986 issued by the Central Government under Section 5 read with Sub-section (1) of Section 7 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Provident Funds Act)(Act 19 of 1952).

(2.) Shakti Prasad Mittal is the proprietor of the cinema at Bijnor which he is running in the name of Shakti Theatre. In 1952, the Parliament enacted the aforesaid Act the institution of the benefit of Provident Funds for the employees in factories and other establishments. Sub-section (3) of Section 1 makes the provisions of the Provident Funds Act applicable to every establishment which is a factory engaged in any industry specified in Schedule I and in which twenty or more persons are employed. Clause (b) of Sub-section (3) of Section 1 confers power on the Central Government to issue a notification applying the provisions of the Provident Funds Act to an establishment other than those mentioned in Schedule I.

(3.) Section 24 of the Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981, provides for the regulation of conditions of employment of certain cine workers and cinema theatre workers and for matter connected therewith. This Section, which is relevant for our purpose, applies the provisions of the Provident Funds Act to every cinema theatre in which five or more workers are employed on any day, as if such cinema theatre were an establishment to which the aforesaid Act had been applied by a notification of the Central Government under the proviso to Sub-section (3) of Section 1 thereof, and as if each such worker were an employee within the meaning of that Act.