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1960 Supreme(Cal) 146

D.N.SINHA
ANIL KUMAR UPADHAYA – Appellant
Versus
P. K. SARKAR – Respondent


Advocates Appeared:
E.R.Meyer, K.C.MUKHERJI

( 1 ) THE facts in this case are shortly as follows : The respondent No. 2, Messrs. Backwood Hodge (India) Private Limited is a company incorporated under the Indian Companies Act. The petitioner and the respondents Nos. 5 and 6 are the Trustees appointed under an Indenture of Trust relating to the start provident fund of the company. By an order dated 3rd August, 1959 made under Section 10 of the Industrial Disputes Act, 1947 the Government referred an industrial dispute existing between the company and their workmen represented by Blackwood Hodge Employees' Welfare Union, being the respondent No. 2 herein, to the adjudication of the Second Industrial Tribunal, Calcutta. The dispute, as set out in the schedule of the order (annexure "a" to the petition) relates to the amendment of the Provident Fund Rules. The Provident Fund Rules are contained in an Indenture dated 23rd May, 1953 being the Trust Deed, containing also rules and regulations relating to the provident fund. Under clause 4 of the said Indenture, the Trustees may, with the consent in writing of the employer and shall, it so desired by the employer, alter, vary, modify, remake, rescind, add to, or cancel any of the prov








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