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1987 Supreme(Ker) 34

MALIMATH, BHASKARAN NAMBIAR
java spray painting works – Appellant
Versus
regional p. F. commr – Respondent


Judgment :-

1. The Employees' Provident Funds and Miscellaneous Provisions Act, 1952, Act 19 of 1952, applies to every establishment which is a factory engaged in 'Automobile repairing and servicing industry". The appellant. "The Jaya Spray Painting Works" is engaged in spray painting of automobiles and disputed his liability to be covered under the Act. The Central Government was therefore moved under S.19-A of the Act. and an order dated 24-6-1982 (Ext. P6) was passed rejecting the appellant's contentions and upholding the department's stand that the appellant's factory was liable to be covered under the Act. The reasons given by the Government alone require examination. They are these:

"The dictionary meaning of the word "repair" is to mend, to restore, refresh and revivify, restoration after injury or decay. Spray painting is one of the operations involved in repairing automobiles which are worn out by age or are damaged by accidents. Therefore, I bold that the activity of spray painting of cars, vans etc., falls under the head "Automobile repairing".

"The E. P. F. & M. P. Act being a piece of welfare legislation, a beneficial construction will have to be adopted to effectuate i








































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