- (1.) The present writ petition was filed to quash the inspection report and notice issued by the respondent under the terms of which an amount of Rs. 2,79,401/- accumulated as unpaid wages was directed to be transferred to the State Welfare Board. The petitioner seeks for restraint against giving effect to this order, contending that the amount which is sought to be transferred to the Welfare Board constituted under the Punjab Labour Welfare Fund Act, 1956, is not applicable to the petitioner-establishment, since it is a Society registered under the Societies Registration Act, 1860, and does not fall within the expression "establishment" defined under Section 2(4) (i) and (ii). His further contention is that if ever the petitioner is to be treated as an 'establishment', the petitioner has spent the amount of unpaid wages for the welfare of the workers themselves and hence it need not be transferred to welfare fund under the Act.
(2.) Section 26 of the Act details the "establishment" to which the provisions of the Act would be applicable. The Section reads: - "Application of the Act to certain establishments of Central and State Governments. This Act shall apply to such establishments belonging to the Central Govt. or any State Govt. as are referred to in sub-clause (i) and (ii) of clause (4) of Section 2."
(3.) Since the applicability of the Act is to the establishment under Section 2 (4) (i) and (ii), the said Provision would also required to be reproduced:- "establishment" means: i) a factory; ii) a motor omnibus service; iii) any establishment, including a society registered under the Societies Registration Act, 1860, and a charitable or other trust, which carries on any business or trade or any work connected therewith or ancillary thereto and has been employing on any working day during the preceding twelve months more than twenty person.;