CEMINDIA CO. LTD. versus BACHUBHAI N. RAVAL

CEMINDIA CO. LTD. versus BACHUBHAI N. RAVAL

A workshop maintained by a company exclusively engaged in building and construction industry, which works only on its own equipment, is not a separate establishment; business operations must be considered in totality to determine exclusivity. The Act does not apply to such a workshop as per the notification.

Parties
Appellant: CEMINDIA CO. LTD.; Respondent: BACHUBHAIN. RAVAL
Jurisdiction
India
Judgment Date
04 August 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From Bombay High Court
Outcome
Appeal allowed, Bombay High Court judgment set aside.
Legal Topics
Employees' Provident Funds and Miscellaneous Provisions Act, 1952, Building and Construction Industry, Applicability of Statute to Ancillary Workshops
Labour Law Employees' Provident Funds and Miscellaneous Provisions Act, 1952 Building and Construction Industry Applicability of Statute to Ancillary Workshops

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Parties

CEMINDIA CO. LTD.

Appellant

BACHUBHAIN. RAVAL

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Bombay High Court

Legal Issues

  1. 1 Whether a workshop set up by a company exclusively engaged in building and construction industry for maintaining and repairing its own equipment is governed by the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 as an establishment of engineers and engineering contractors not exclusively engaged in building and construction industry

Ratio Decidendi

A workshop maintained by a company exclusively engaged in building and construction industry, which works only on its own equipment, is not a separate establishment; business operations must be considered in totality to determine exclusivity. The Act does not apply to such a workshop as per the notification.

Court Disposition

Appeal allowed, Bombay High Court judgment set aside.

Orders

  • Impugned notice by Regional Provident Fund Commissioner, Bombay, quashed.
  • No order as to costs.