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1958 Supreme(Bom) 125

K.T.DESAI
India United Mills Ltd. – Appellant
Versus
Regional Provident Fund Commissioner Bombay. – Respondent


JUDGMENT - (1) The petitioner company is a public joint stock company incorporated under the Indian Companies Act, 1913. the petitioner company carries on business of manufacturing and selling textile piece goods. The petitioner company in the course of its business employs a large number of workers. Between 30-10-1955 and 15-2-1957 the petitioner company terminated the services of 41 employees. Some of the persons whose services were terminated were operatives and some were the Industrial Court under S. 36(3) of the Bombay Industrial Relations Act, 1946, applicable to the petitioner company, provide by order No. 19(a) that the employment of any permanent operative may be terminated by fourteen days notice or by payment of thirteen days wages in lieu of notice. The Standing Orders applicable to clerks on payment of one months pay in lieu of notice. The Central Provident Fund Commissioner considered that the petitioner company was liable to pay provident fund contribution in respect of the amounts paid as aforesaid on the termination of the services of the aforesaid operatives and clerks. The Regional Provident Fund Commissioner issued notices requiring payment of the amounts repres

























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