NOVEDAC PROSTHETIC CENTRE Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THE present Letters Patent Appeal is directed against the judgment of the learned single Judge of this Court dated May 24, 1996.

(2.) THE appellant (petitioner in writ petition) has challenged the applicability of employees Provident Fund and Miscellaneous provisions, Act, 1952 (for short 'the Act'), to its establishment, engaged in manufacturing of artificial limbs to meet the requirement of disabled individuals. On May 14, 1981, the appellant was given a notice that the establishment of the appellant is covered by the provisions of the Act, but the appellant submitted a representation under Section 19-A of the Act to the effect that the appellant is not an Industry, but a hospital and, therefore, the provisions of the Act, cannot be extended to it. Such representation was declined by the Central government vide order dated May 15, 1982 (Annexure P. 3 ). The appellant invoked the writ jurisdiction of this Court, wherein a finding was returned that the establishment of the appellant is covered under the provisions of the Act. The learned single Judge held that the establishment of the appellant falls within the scope of the definition of "electrical, mechanical and feneral engineering products" as specified in schedule-I of the Act and consequently, the writ petition was dismissed.

(3.) DURING the pendency of the present appeal, the new Management of the appellant submitted a representation that even if the Act is not applicable, they would like the workers to benefit from the provisions of the Act, therefore, the appellant sought that the Act be made applicable to the appellant's establishment with effect from May 24, 1996 i. e. the date of the judgment of this Court and that no damage, penalty or interest be levied. Such representation was submitted in pursuance of an order passed by this Court on july 25, 2007, whereby the Regional Provident fund Commissioner, was to consider the matter regarding applicability of the provisions of the act, to the appellant's establishment, sympathetically, especially with regard to the appellant's willingness to submit to the provisions of the Act.