JUDMENT - J. R. MUDHOLKAR J. :

This is an application under Art. 226 of the Constitution for the issue of a writ restraining the respondent No. 1, the Regional Provident Fund Commissioner, from enforcing against the petitioner any of the provisions of the Employees Provident Funds Act, 1952.

(2) The petitioner is the Madhya Pradesh Mineral Industry Association and represents all the mine owners of Vidarbha. By Notification No. S. R. O. 2705, dated 17-8-1957, the Central Government has. applied the Act to manganese mines. According to the petitioner, manganese mines are not included in Schedule I of the Act and that industry is therefore not a scheduled industry and consequently the Act or any provision thereof cannot be applied.

(3) Under sub-s. (3) of S. 1 of the Act as it originally stood, the provisions of the Act applied in the first instance to all factories engaged in any Scheduled industry in which fifty or more persons are employed. By Act 94 of 1956, which received the assent of the President on 28-12-1956, this provision has been amended and in its place we have the following provision:

"Subject to the provisions contained in S. 16, it applies-

(a) to every establishment which

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