JUDGMENT

ALAGIRISWAMI, J.:—This appeal is by special leave granted by the Court against the award of the Industrial Tribunal Bihar at Patna in reference No. 54 of 1966 made by the Government of Bihar on 25th November, 1966. The special leave granted is limited only to the question whether there should be a contributory provident fund scheme on the basis of basic wages or total wages. It was noted at the time of granting the special leave that the appellant Board is willing to extend that scheme to all the workers except the Government servants who are on deputation and those to whom the Employees Provident Fund Act applies. Therefore the only item in reference No. 54 of 1966 which is relevant for the purpose of this appeal is the following:

"Whether the benefit of the Employees, Provident Funds Act, 1952 should be extended to any additional categories of workmen? If so, what should be the terms and conditions and from what date?"

2. The Employees Provident Fund Act applies only to establishments which are factories. It could be applied to establishments which are not factories if the Central Government by notification in the Official Gazette specifies in this behalf. The industry i