Beruflich Dokumente
Kultur Dokumente
and
Miscellaneous Provisions Act
1952
Case Presentation
Group MembersRoll No
1. Sharan Naik 14
2. Shilpa Shetty 20
3. Billy S Varghese
24
The Case
Akhanand KV Mandal
Vs
RPF Commissioner
Gujarat High Court
5.
Reasoning of the
Respondent
1. Contended that inquiry under Section 7A of the
EPF Act was properly conducted
2. In view of the decision of the Hon'ble Supreme
Court in the case of Noor Niwas Nursery Public
School Vs. Regional Provident Fund Commissioner
reported in AIR 2001 SC 277, the Act u/s 1(3)(b) Minimum employees for applicability of Act Establishment having two units - Fact that one of
the units has been exempted under u/s17 from
purview of Act on ground that provident fund is
subscribed under another scheme - is no ground to
claim non-applicability of Act to the establishment
on ground of short fall of number of employees."
Judgement
Appeal Stands Dismissed
Implications:
Independent Institutions run in the same premises and
controlled by the same management and integrated part
of the institution may be clubbed for purpose of the
applicability of the EPF Act
Fact that one or more of the institutions has been
exempted under u/s17 from purview of Act on ground
that provident fund is subscribed under another scheme is no ground to claim non-applicability of Act to the
establishment on ground of short fall of number of
employees.
The End