Free Judgments

M/S Sdb Infrastructure Pvt. Ltd. … vs Union Of India & Ors. on 16 October, 2015

1. By a notification dated September 17, 1964 establishments of
Engineers, Engineering Contractor which were not exclusively
engaged in building and construction activity were brought within the
purview of the Employees Provident Fund and (Miscellaneous)
Provisions Act, 1952. By a subsequent notification dated September
23, 1980, the building and construction establishments were also
brought within the purview of the Act with effect from October 31,
1980. By a notification dated November 01, 1990, Para 26(2) of the
Provident Fund (Miscellaneous) Provisions Scheme, 1952 was
amended. The amendment reads as under:-
2. A writ petition was filed in this Court which was registered as
W.P.(C) No.792/1991 : Pyare Lal Hari Singh vs. Union of India & Ors.
Vires of para 26(2) of the Scheme was challenged and amongst others, one
ground of challenge was that the scheme as amended by para 26(2) was
unworkable. The unworkability of the scheme was predicated on the ground
that in the construction activity many workers work for one or two months
with an employer and then move on to another. The query was posed :

Source: Indian Kanoon