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1958 Supreme(All) 146

RAGHUBAR DAYAL, O. H. MOOTHAM
REGIONAL PROVIDENT FUND COMMISSIONER, UTTAR PRADESH, KANPUR – Appellant
Versus
GREAT EASTERN ELECTROPLATOR LTD. – Respondent


Advocates Appeared:
MAN SINGH, S.N.Dwivedi

O. H. MOOTHAM, CJ.

( 1 ) THIS is an appeal from an order of Mr. Justice Mehrotra dated 23-4-1956.

( 2 ) THE respondent is a Company incorporated under the Indian Companies Act which carries on business in Allahabad. The Employees Provident Funds Act (hereinafter called the Act) came into force on 4-3-1. 952, and later in that year the Central Government framed a Provident Fund scheme under Section 5 thereof. Thereafter the appellant, who is the Regional Provident Fund commissioner, Uttar Pradesh, called upon the respondent Company to make payment of the contributions and administrative charges tor which provision is made in the Act, with effect from november of that year. The respondent Company contended that the provisions of the Act did not apply to its factory and filed a writ petition in this Court, No. 478 of 1953. Thereafter negotiations took place between the appellant and the respondent Company as a result of which the writ petition was not pressed and was dismissed in December, 1954. The tentative arrangement arrived at between the parties however fell through, and it appears that the appellant renewed his original demand. The respondent Company thereupon filed a second pe













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