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2006 Supreme(Pat) 1058

BARIN GHOSH
Shivam Aqua Industries Pvt. Limited – Appellant
Versus
Employees Provident Fund Organization, Patna – Respondent


Judgment

BARIN GHOSH, J.

1. Sec. 2(i) of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act) defines "Industry" as any industry specified in Schedule I, and includes any other industry added to the Schedule by notification u/s. 4 of the Act. Sec. 4 of the Act specifically authorises the Central Government to bring in Schedule I any other industry which has not been previously included in Schedule I to the Act.

2. The Act applies to, amongst others, every establishment, which is a factory engaged in any industry specified in Schedule I to the Act and in which 20 or more persons are employed. Therefore, a factory belonging to any industry specified in Schedule I to the Act engaging 20 or more persons is covered by the Act. If the industry is not specified in Schedule I, even if the factory of such industry is engaging more than 20 persons, the factory is not covered by the Act. It is, however, open to the Central Government to bring in any industry, which is not specified in Schedule I, within the purview of the Act, by issuing a notification in terms of the power conferred upon it by Sec. 4 of the Act. By exercising the power conf















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