ATLANTIC SPINNING AND WEAVING MILLS LTD Vs. ASSISTANT PROVIDENT FUND COMMISSIONER OFFICER OF THE REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THIS First Appeal challenges the judgment and decree of the trial Court in Special Civil Suit being Special Civil Suit No. 62/93/A. The Special Civil Suit was instituted by the appellant/original plaintiff for declaration and consequential reliefs.

(2.) THE claim in the suit proceeds on the basis that the 'Infancy Protection' contemplated by Section 16(1)(d) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 has not been extended to the unit in question. The suit was dismissed by the trial Court and that is how the present appeal.

(3.) THE learned Counsel appearing for the Department while not opposing the application for withdrawal of the suit submits that appropriate orders may be made by this Court so as to protect the interest of the beneficiaries as the Act is a Beneficial and a welfare legislation.