- (1.) Both the writ petitions are directed to be analogously heard. A challenge has been thrown in respect of the notification being No. 565 dated May 5, 1980 whereunder Government of West Bengal in exercise of the powers conferred of clause (b) of sub-section (3) of Section 1 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 specified all inland water transport establishments and employing twenty or more persons as a class of establishment to which the provisions of the said Act shall apply with effect from May 31, 1980. Such writ petition is numbered as W.P. 18361 (W) of 1999. But it appears to this Court that the other writ petition which has been directed to be analogously heard being C.O. 13114 (W) of 1988 whereunder the petitioner itself wanted to be covered by the Employees Provident Funds Scheme. However, since a question of law belatedly in the affidavit-in-reply to W.P. 19361 (W) of 1999 has been taken, the Court has to give answer to that effect.
(2.) According to the petitioner, they are running their vessels from one side to other of the river Ganges (Bhagirathi). They contended that those vessels cannot be covered as vessels under the Inland Vessels Act, 1917. But I find from Section 2 (b) itself that "inland water" means any canal, river, lake or other navigable water. In such Act under Section 70, the Central Government is given power to issue notification how much of any tidal water shall be deemed to be an inland water for the purposes of this Act.
(3.) Section 2(q) of the Major Port Trusts Act, 1963 says that "port" means any major port to which this Act applies within such limits as may from time to time be defined by the Central Government for the purpose of this Act by notification of the Official Gazette and until a notification is so issued within such limits as may have been defined by the Central Government under the provisions of the Major Port Trusts Act.;