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1996 Supreme(SC) 682

K.RAMASWAMY, K.VENKATASWAMI
Regional Provident Fund Commissioner – Appellant
Versus
Shillong City Bus Syndicate – Respondent


JUDGMENT

C.A. No. 3140 of 1980

K. Ramaswamy, J.-This appeal by certificate granted by the High Court of Gauhati arises from its judgment dated September 19, 1979 in Civil Rule No.82/73. The respondent-Shillong City Bus Syndicate filed the writ petition questioning the memo issued by the appellant on October 26, 1972 under Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short, the Act ) alleging non-payment of employees Provident Fund Contribution for period from January to September 1972. The principal contention raised by the respondent was that the operation of the transport service was within Khasi Hills District defined in paragraph 1 of Sixth Schedule to the Constitution as autonomous District by operation of proviso to sub-paragraph (2) of paragraph 20. Although, it has been stated that no part of the area comprised within the municipality of Shillong shall be deemed to be within the Khasi Hills District for certain purposes mentioned therein, since their base is to ply their buses beyond Shillong Municipality, the Act is not applicable to the autonomous District of Khasi Hills. The notice, therefore, is without authority of law and juri



























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