NDLI: M/s. Shree Vishal Printers Ltd., Jaipur Vs. Regional Provident Fund Commissioner, Jaipur & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss. 16 7A Exemption from the aegis of Act Object of Employees’ Provident Funds and Miscellaneous Provisions Act 1952
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Employees’ Provident Funds and Miscellaneous Provisions Act, 1952: ss. 16, 7A – Act not to apply to certain establishments – On facts, three establishments sought exemption u/s. 16(1)(d) that the Act will not apply to their establishments – Order by the Regional Provident Fund Commissioner that establishments not entitled to exemption on the ground that they are effectively part of the same parent establishment – Said order upheld by the Appellate tribunal as also Single Judge and the Division Bench of the High Court – On appeal, held: Findings qua all the three establishment satisfy the functional integrality and the general unity of purpose test, and the same are met in the facts of the instant case – They may be different legal entities, an arrangement may have been made to have different directors and shareholders, but the nature of control and integrality of functionality, between the three entities is quite apparent from the facts set out – Each one of the facts by itself may not be conclusive, but taken as a whole, the conclusion arrived at by the Regional Provident Fund Commissioner is upheld – Furthermore, exact amount of liability of each of the establishments is to be determined and would be co-extensive with the parent company – Costs is imposed on all the three establishments, but of varying amounts – Industrial Disputes Act, 1947 – s. 2A. Nature of – Exemption from the aegis of Act – Object of – Held: Act is a beneficial legislation - Object of excluding the infancy period of five years which was later reduced to three years from the rigours of the Act, was only to provide to new establishments, a period to establish their business, and not to permit different kinds of routes to be created to evade the liability under the Act.
Judge	Hon'ble Mr. Justice Sanjay Kishan Kaul
Neutral Citation	2019 INSC 1021
Petitioner	M/s. Shree Vishal Printers Ltd., Jaipur
Respondent	Regional Provident Fund Commissioner, Jaipur & Anr.
SCR	[2019] 12 S.C.R. 146
Judgement Date	2019-09-12
Case Number	4474

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