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1957 Supreme(Bom) 41

J.R.MUDHOLKAR, Y.S.TAMBE
Nagpur Glass Works Ltd – Appellant
Versus
Regional Provident Fund Commissioner, Bombay – Respondent


Judgment -

1. Tins is a petition under Article 226 of the Constir tution for the issue of a writ of prohibition or any other writ to the respondent prohibiting him from enforcing the provisions of the Employees Provident Funds Act,. 1952, against the petitioner.

2. The relevant facts are as follows : The principal business of the petitioner is the manufacture of glass. It is also engaged in the business of manufacture of burners and metal lamps (consisting of glass oil containers and globes and metal burners and reflectors). In the year 1952, the Employees Provident Funds Act was passed. Sub-section (3) of Section 1, of the Act applies to all factories engaged in any industry specified in Schedule I of the Act provided that they employ fifty or more workers in that industry. The Schedule to the Act however does not include a glass industry.

3. By Act 37 of 1953, this Act was amended and an Explanation was added in Schdule I. This Explanation gives a list of industries which are covered by the expression Electrical, mechanical or general engineering products" used in the Schedule. Neither the glass industry" nor burners and metal lamps are included in the aforesaid Explanation. This Ex






















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