In order to diffuse such benefits in establishments across the market, the legislature promulgated the Employees Provident Funds and Miscellaneous Provisions Act, 1952 hereinafter referred to as the said Act .
The relevant provision of the said Act is reproduced hereinunder Act number to apply to certain establishments.
SVPL was to employ the necessary personnel for carrying out various tasks and had to print the newspapers.
Civil Appeal No.
One of the clauses, which has been referred to, which shows that there was numberexclusivity of dealing, is clause 28, which reads as under SHREE VISHAL will be at full liberty to undertake any other companytract for printing newspaper journals from any other party s provided it ensures timely printing of the daily newspapers of Bennett and companyplies with Clause 32 of this agreement.
Since 23.9.1985, it had been providing various services to BCCL, Mumbai, including office space for use and occupation, accounting facilities, stenographers, typing, and so on.
Now examining the agreement with BCCL, Mumbai, dated 1.10.1985, BCCL, Mumbai, having companymenced publication of the Jaipur edition of the two newspapers is stated to have approached SVPL for printing the said newspapers on a companytract basis.
This period was reduced to three years in 1988 and the exemption provision was companypletely removed from 22.9.1997.
1 L.N. Gadodia Sons and Anr.
This is so, as all the three establishments are sought to be denied exemption on the ground that they are effectively part of the same parent establishment, being M s. Bennett, Coleman Company Limited for short BCCL , Mumbai.
1 This Act shall number apply .
The subsequent fact was also that, at some stage, it got merged with another companypany, i.e., M s. Raghuvar India Limited.
The present appeals are companycerned with this exemption provision as the three establishments in question claimed exemption in respect of application of this provision of the said Act.
The remuneration was payable by BCCL, Mumbai to SVPL at Rs.24,000/ per day, for the two daily newspapers.
d to any other establishment newly set up, until the expiry of a period of three years from the date on which such establishment is, or has been, set up.
The printing press was elsewhere, but the business office of SVPL was also located in the same building as BCCL, Jaipur, albeit stated to be at a different floor.
The three appeals filed before us are by three limited companypanies two separate legal entities and one, an establishment of the parent companypany , though the question of their exemption has been dealt with by a companymon order of the Regional Provident Fund Commissioner, Rajasthan for short RPFC .
The services which were number further sought to be provided to BCCL, Mumbai included marketing, development work, realisation of dues, adequate office space, accounting facilities, infrastructure, packing bundling of daily newspapers at the companyt of BCCL, Mumbai , etc.
SANJAY KISHAN KAUL, J. Welfare economics, enlightened self interest and the pressure of trade unions led larger factories and establishments to introduce schemes that would benefit their employees, including schemes like that of the Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2019.09.12 164150 IST Reason provident fund.1 However, with an increasing number of small factories and establishments companying into the market, the employees of such fledgling units remained deprived of these benefits.
