HAJI NADIR ALI KHAN Vs. UNION OF INDIA
HIGH COURT OF PUNJAB AND HARYANA
HAJI NADIR ALI KHAN
UNION OF INDIA
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(1.) THIS is a petition under Article 226 of the Constitution filed by six partners of a firm carrying on business at Meerut under the name of Messrs. Nadir AH and company, challenging the validity of certain demands made from them by the regional Provident Fund Commissioner, Kanpur (U. P.), under the Employees provident Funds Act, 19 of 1952.
(2.) BRIEFLY the facts are that the firm of the petitioners is engaged in manufacture of various kinds of musical instruments including those metal instruments of the kind used in brass bands as well as instruments like bag-piper, flutes and clarionets.
(3.) THE Employees' Provident Funds Act was introduced in 1952 for the purpose of providing for the institution of provident funds for employees in factories and other establishments. Section 1 (3) reads :
"subject to the provisions contained in Section 16, it applies in the first instance to all factories engaged in any industry specified in Schedule I in which fifty or more persons are employed, but the Central government may after giving not less than two months' notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Act, to all factories employing such number or persons less than fifty as may be specified in the notification and engaged in any such industry. " The basic provisions regarding the provident fund which has to be maintained by the proprietors of the factories to which the Act applies are contained in Section 6, which ordinarily Fixes the contributions to the fund to be made at an equal basis by the employer and the employee at 6 1/4 per cent. or in other words one anna in the rupee, of the basic wages and dearness allowance, and a comprehensive scheme has been framed by the Central Government under Section 5 of the Act containing the details of implementation,;
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