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2006 Supreme(Bom) 290

B.P.DHARMADHIKARI
Sandeep Dwellers Pvt. Ltd. – Appellant
Versus
Union of India – Respondent


JUDGMENT: - All these three writ petitions have been heard together as issues involved therein are same. Parties have treated writ petition 2593/1997 as main writ petition. This writ petition is filed by Builders Association of India, Mumbai with its 36 members as Petitioners against Union of India, the Central Provident Fund Commissioner and other officers under him for the writ of mandamus directing them not to enforce amended para 26(2) of Provident Fund Scheme 1952 (referred to as 1952 scheme) framed under Employees Provident Funds & Misc. Provisions Act (referred to as P. F. Act) in so far as temporary and/or casual site - workers engaged in multi - tier system in business system of petitioners. Further relief sought is that such workers should not be required to become members of said 1952 scheme. An order dated 23 - 12 - 1994 passed by Joint Secretary of respondent No.1 under section 19 - A of P.F. Act is also sought to be quashed and set aside. It appears that the members of petitioner association at Nagpur received communications issued by Assistant Provident Fund Commissioner that as per inspection report of Enforcement Officer it was found that the Petitione













































































































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