AVIATION KARMACHARI SANGHATANA Vs. PAWAN HANS LTD

JUDGEMENT

(1.) Rule. With the consent of the Learned Counsel for the parties made returnable forthwith and heard.

(2.) The above Writ Petition has been filed under Article 226 of the Constitution of India for a declaration that the members of the Petitioner and other similarly situated employees, employed on contract basis by the Respondent No.1 are entitled to the benefit of Provident Fund as per the Act and the statutory scheme and that the Respondent No.1 be directed to forthwith enroll all such eligible contract employees under the statutory scheme and deposit their contribution with the Respondent No.3 from the date they are eligible till remittance and thereafter till they are in the employment of the Respondent No.1. The Petitioner in the alternative has sought the relief that the Respondent No.1 be forthwith directed to suitably amend the Provident Fund Trust Regulations to permit the enrollment of contract workers as members of the Provident Fund Scheme instituted by the Respondent No.1 and to make all eligible contract employees members of the Provident Fund Scheme from their respective dates of entitlement and continue to contribute amounts to the Provident Fund Trust in respect of contract employees as per the regulation.

(3.) The factual matrix involved in the above Petition can in brief be stated thus: