RANGANADHA RICO HILL Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THIS is an application from the issue of a writ of mandamus directing the Gapoadon to forbear from recovering the damages from the petitioners in pursuance of the provisions of 8,14b of the Employees' Provident Funds Act 19 of 1952. It arises in the following circumstance.

(2.) THE petitioners are the rice-millers. In the year 1963 the respondents Bought to enforce the provisions of the Act and the framed there under and called upon the petitioners to remit contributions and administrative charges and asked them to submit returns on the ground that the petitioners' establishments are covered by the Act. The petitioners took objection to the application of the provisions of the Act to the petitioners' concern. Their contention was that the rice mill-employees are not covered by the provisions of the Act or the scheme framed thereunder.

(3.) SINCE the matter was in doubt and the respondents were insisting upon the compliance of the provisions of the Act, the petitioners filed writ petitions la this Court In Writ Petition No. 781 of 1963 and batch, raising various contentions in regard to the vires of some of the provisions of the Act and the other alike matters. The active was obtained in these writ petitions to the effect that the prove of the Act should not be applied till the final disposal of the writ petitions, Those writ petitions were disposed of by this Court on 1 January 1964. In the judgment the casual labourers working in the mills were excluded. The provisions of the Act ware held to applied to the rice mills. The petitioners contend that after they obtained the tilled copy of this judgment, petitioners 1, 2, 3 and 5 to 8 deposited on 9 January 1965, the necessary amounts due from thorn under the provisions of the Act from January 1961 to January 1965, Petitioner 4 deposited the amount on 17 March 1965, for the period covered from January 1961 to March 1965.