K.S.RATHORE, J. - (1.) In the present writ petition, the petitioner has challenged the validity of the Ordinance of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (for short the Act of 1952) and The Employees' Provident Funds and Miscellaneous Provisions (Amendment) Ordinance, 1997 (for short, the Ordinance 1997) and seeks the following writ, order or directions from this Court: (a) to declare that the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Ordinance, 1997 is ultra vires, bad in law and void, and in case during the pendency of the writ petition if the Ordinance is replaced by an Amending Act, the same may be declared as ultra vires, unconstitutional and void on the same groups; (b) to declare that the petitioner establishment is entitled to the infancy period of three years from March 16, 1996 to March 15, 1999; and (c) to restrain the respondents from applying the provisions of Employees' Provident Funds and Miscellaneous Provisions (Amendment) Ordinance, 1997, or to take any coercive action against the petitioner for not complying with the provisions of the E.P.F. Act as amended by the impugned Ordinance and their directions. The petitioner company is a limited company incorporated and registered under the Companies Act, 1956 and was granted registration and licence to work as a factory under Registration No. RL-21762 on March 31, 1996.
(2.) The petitioner company is manufacturing synthetic spun polyester viscose raw white yarns and started working in the month of December, 1994 and the company completed the erection of the plant at Dungarpur by January, 1996. Vide letter dated December 30, 1996 issued by the Regional Provident Fund Commissioner, the petitioner company was informed that during the inspection made by the Enforcement Officer, Employees' Provident Fund, it was found that in September, 1997 there were 809 employees-workers in the establishment and also found that the establishment had completed three years on September 22, 1997 and the provisions of the Act of 1952 have become applicable to the petitioner-company with effect from September 22, 1997.
(3.) In response to the letter dated December 30, 1997 issued by the Enforcement Officer, Employees' Provident Fund, the petitioner emphatically denied that the establishment had completed the infancy period of three years on September 22, 1997.;