SHAKEEL AHMAD BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) By the medium of the instant review petition, the petitioners are seeking review of the judgment of this Court dated 2nd of December, 2017, passed in Latters Patent Appeals bearing LPA Nos. 159/2017 and 160/2017, whereby both the appeals have been dismissed.

(2.) Ms Asma Rashid, the learned counsel for the petitioners, submits that the petitioners have filed the instant review petition against the judgment aforesaid on the ground that the Division Bench has not adjudicated upon the core issue that the instructions issued vide circular and notifications by the central government under "Employees Provident funds and Misc. Provisions Act 1952" (Central Act) are not applicable in the State of J&K inasmuch as the Central Act in its application has not been extended to the State of J&K by the Parliament. It is further submitted that the Division Bench has not adjudicated the issue raised by the petitioners that by executive instructions/ fiat, the provisions of the central Act could not be made applicable in the state of J&K though the central legislature did not extend its application to that state. It is also stated that the Division Bench did not decide the challenge to the circular and notification dated 15.07.2015 and 06.11.2015 issued by the Labour Department and Military Engineering Service (MES) respectively both under the Central Act whereby it was made mandatory for the small contractors in the State of J&K as well to obtain Universal Account Number as provided under the Central Act which had no application in the State of J&K.

(3.) We have heard Ms Asma Rashid, the learned counsel for the petitioners, perused the pleadings on record and considered the matter.