Supreme Court Upholds Provident Fund Act’s Applicability to Umbrella Manufacturing Establishment: “A Measure of Social Justice”
In a landmark judgment dated November 7, 2023, the Supreme Court of India, with a bench consisting of Justice Abhay S. Oka and Justice Sanjay Karol, has dismissed the appeals filed by Thankamma Baby, an umbrella manufacturing establishment, thereby affirming the applicability of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952.
The Court has upheld the interpretation that the appellant’s establishment falls under the category of ‘trading and commercial establishments’ as per the notification dated March 7, 1962, issued by the Central Government. This verdict came as a response to the appellant’s establishment being held accountable under the 1952 Act for assembling, manufacturing, and selling umbrellas. Despite the appellant’s contention that their establishment should not be covered under clause (b) of sub-Section (3) of Section 1 of the 1952 Act, the apex court dismissed the appeal with no order as to costs.
The Supreme Court, in its observation, stated that the case of the appellant was “governed by the said notification issued under clause (b) of sub-Section (3) of Section 1,” and emphasized the act as a “measure of social justice,” aimed to incorporate “all kinds of employees within its fold.” The Court highlighted the welfare nature of the legislation and the intent of the legislature to provide social security to a wider spectrum of workers.
Justice Oka, in his written judgment, mentioned that “to give effect to the legislature’s intention, the Court will have to adopt a purposive interpretation.” It was this purposive interpretation that led to the conclusion that the establishment engaged in commercial activities is indeed covered under the said Act.
The Court also granted a period of three months for the appellant to settle any monetary liabilities arising from the orders of the respondent confirmed by the High Court, considering the longevity of the legal proceedings which began in 2010.
This judgment sets a precedent for similar establishments engaged in both manufacturing and trading activities, clarifying the scope and extent of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952. It underscores the Court’s role in interpreting legislation in the spirit of social welfare and justice.
Date of Decision: 07 November 2023
THANKAMMA BABY VS THE REGIONAL PROVIDENT FUND COMMISSIONER, KOCHI, KERALA
