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2003 Supreme(Raj) 746

ANIL DEV SINGH, K.S.RATHORE
Shree Rajasthan Texchem Ltd. – Appellant
Versus
Union of India – Respondent


Appearance :
Paras Kuhad and Sunil Nath, Advocates for the Appellant
Narendra Jain and Gaurav Jain, Advocates for the Respondents

Judgment

K.S. Rathore, J.-In the present writ petition, the petitioner has challenged the validity of the Ordinance of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short the Act of 1952) and The Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Ordinance, 1997 (for short, the Ordinance 1997) and seeks the following writ, order or directions from this Court:

(a) to declare that the Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Ordinance, 1997 is ultra vires, bad in law and void, and in case during the pendency of the writ petition if the Ordinance is replaced by an Amending Act, the same may be declared as ultra vires, unconstitutional and void on the same groups;

(b) todeclare that the petitioner establishment is entitled to the infancy period of three years from March 16, 1996 to March 15, 1999; and

(c) to restrain the respondents from applying the provisions of Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Ordinance, 1997, or to take any coercive action against the petitioner for not complying with the provisions of the E.P.F. Act as amended by the impugned Ordinance and their directions.

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