Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Employees' Provident Funds and Miscellaneous Provi~ions Act 1952 - |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - s.16 -Applicability of-Appellant is a registered society C and runs schools and colleges - It appointed part-time employees with approval of State Government- Whether the provisions of 1952 Act (Central Act) will apply to the part-time employees in the schools/colleges of appellant whose service conditions are governed by the provisions of State Act and State Rules and whether appellant is deemed to have defaulted in depositing Provident Fund contribution of 16 of its part time employees - Held: The appellant is 100% grant-in-aid school and is umler the control of State Government - The employees working in school/college of appellant are covered by the contributory provident fund scheme framed by State Government subject to eligibility - Appellant-society, thus, fulfills the twin conditions specified in s.16(1}(b) - It follows that the same is exempted from the application of provisions of Central Act - Once an establishment is covered under any one of the excepted category u/s.16 of the Central Act, the officials empowered by the Central Act will have no authority to proceed against such establishment; and more so on the ground that a miniscule number of employees (16 part-time employees) working in the establishment were not eligible for the benefits under the State Contributory Provident Fund Scheme governing the rest of the regular employees of the establishment - Initiation of action of recovery against the establishment of the appellant, which was otherwise exempted from G application of the provisions of the Central Act is, therefore, whole without authority of law - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - r.20 - Maharashtra Employees of Private Schools (Conditions of Service)Regulation Act, 1977. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 1272 |
Petitioner | Mis. Yeshwant Gramin Shikshan Sanstha |
Respondent | The Assistant Provident Fund Commissioner & Ors. |
SCR | [2017] 3 S.C.R. 939 |
Judgement Date | 2017-03-09 |
Case Number | 721 |
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