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1994 Supreme(SC) 380

KULDIP SINGH, S.P.BHARUCHA, B.P.JEEVAN REDDY
Mafatlal Group Staff Association – Appellant
Versus
Regional Commissioner Provident Fund – Respondent


Advocates:
ANIL KATIYAR, APARNA BHAT, INDIRA JAISINGH, J.S.VAD, JITENDRA SHARMA, M.KARANJAVALA, N.N.GOSWAMY, NANDINI GORE, PRANAB MULLICK, RAIAN KARANJAVALA, RUBY SINGH AHUJA, S.C.GUPTA, SHASHI KIRAN SHETTY, SUNIL JAIN, YASHANK ADHYARU

Judgment

B. P. JEEVAN REDDY, J.:- Leave granted in S.L.Ps.

2. For the sake of convenience, we shall take up the facts in Civil Appeal No. 5158 of 1993 as illustrative of the facts in all the matters since they are all practically similar.

3. Civil Appeal No. 5158 of 1993:

In this appeal preferred against the judgment of the Bombay High Court, the validity of the Employees Family Pension Scheme is called in question. The writ petition was initially allowed by a learned single Judge of the Bombay High Court on the ground that the scheme violates the equal protection clause in Art. 14 of the Constitution of India. On appeal being preferred by the Regional Provident Fund Commissioner, however, the Division Bench took a contrary view. It upheld the validity of the Scheme.

4. With a view to provide certain terminal and other benefits to the employees engaged in factories and other establishments, the Parliament enacted the Employees Provident Fund and Miscellaneous Provisions Act, 1952. The Act provides inter alia for framing of "Employees Provident Fund Schemes". A certain percentage of the monthly wages of the workers is deducted and credited to the said Fund. The employer is also made liab























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