The petitioners pray for a writ or order or direction quashing the said numberifica tions and for issue of a mandamus to the respondents number to apply the said scheme to the petitioners establishment.
Subsequently, the Central Government issued a numberification under s. 5, read with s. 7 1 , of the Act, the relevant portions of which are in these terms S.R. 783.
3 of paragraph 1, sub clause xvii shall be re numbered as sub clause xix thereof and the following shall be inserted as sub clauses and xviii , namely as respects hotels and, restaurants Covered by the numberification of the,Government of India in the Ministry of Labour and Employment No.
The petitioners, 5 in number, are citizens of India and are carrying on business of running a restaurant and general stores under the name and style of Messrs George Restaurant and Stores at 20, Appollo Street, Fort, Bombay 1, since September, 1958.
C. Chatterji, S. K. Kapur and K. K. Jain, for the Petitioners.
N. Sanyal, Additional Solicitor General of India, M. S. Sastri and R. H. Dhebar, for the Respondents.
The petition is founded on the following allegations.
Restaurants.
In exercise 1 of the powers company ferred by section 5 read with subsection 1 of section 7, of the Employees Provident Funds Act, 1952 19 of 1952 , the Central Government hereby makes the following Scheme further to amend the Employees Provident Fund Scheme, 1952, namely This Scheme may be called the Employees Provident Funds Third Amendment Scheme, 1961.
56 of 1962.
The judgment of the Court was delivered by SINHA, C. J This petition, under Art.
ORIGINAL JURISDICTION Petition No.
In exercise of the powers companyferred by s. 1 3 b of the Act, the General Government issued the numberification No.
Under Article 32 of the Constitution of India for the enforcement of Fundamental Rights .
In the Employees Provident Fund Scheme, 1952, in clause b of sub paragraph.
to the following classes of establishments, in each of which twenty or more persons are employed, namely Hotels.
G.S.R. 704 dated May 16, 1961 companye into force on the 30th day of June 1961 The said numberification introduced the scheme, as the Employees Provident Funds Third Amendment Scheme, 1961.
November 9.
As a result of the numberification aforesaid, the operation of the Act has been extended to hotels and restaurants, including the one run by the petitioners.
They are.
The respondents to this petition I are the Union of India and the Regional Provident Fund Commissioner.
with effect from June 30, 1961, the said Act shall apply.
32 of the Constitution, challenges the vires of certain provisions of the Employees Provident Funds Act 19 of 1952 which hereinafter will be referred to as the Act, and the scheme framed thereunder.
G.S.R. 704, dated May 16, 1961, in the following terms S.R. 704 In exercise of the ,powers company ferred by Clause b of sub section 3 of Section 1 of the Employees Provident Fund Act, 1952 19 of 1952 , the Central Government hereby directs that.
The petitioners challenge the companystitutionality of the scheme aforesaid, and the section of the Act in pursuance of which it was brought into existence.
