THE REGIONAL PROVIDENT FUND COMMISSIONER ETC. versus SHILLONG CITY BUS SYNDICATE AND ANR. ETC.

Citation: [1996] 3 S.C.R. 942 · Decided: 27-03-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
THE REGIONAL PROVIDENT FUND COMMISSIONER ETC. 
v. 
SHILLONG CITY BUS SYNDICATE AND ANR. ETC. 
MARCH 27, 1996 
B 
[K. RAMASWAMY AND K. VENKATASWAMI, JJ.] 
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 : 
S.1(2)-Applicability of the Act to Khasi Hills Autonomous Dis-
C trict--Held, on the constitution of the Dist1ict Council under Paragraph 2 of 
the Sixth Schedule to the Constitution of India and Paragraph 12-A coming 
into operation w.e.f 27.6.1952, the Act came into operation in the area since 
no notification by the President excluding its application to that area was 
published 
D 
E 
F 
G 
Ss.6, 7-A--Employer's failure to make contlibution to employees' Provi-
dent Fund-Notice calling upon employer to pay contribution money-Plea 
that Act was not applicable to Khasi Hills Autonomous District-Held, not 
maintainable-Act is applicable to the Autonomous District and employer 
liable to comply with the notice. 
Constitution of India : 
Sixth Schedule Paragraphs 2, 12-A, 12-B, 19-Khasi Hills Autonomous 
Districr-Applicability of Employees' Provident Funds and Miscellaneous 
Provisions Act, 1952 to the area-Held, mi constitution of District Council 
under Paragraph 2, Paragraph 12-A came into operation w.e.f. 
27.6.195~Simultaneously Paragraph 19 ceased to exist and the Act came 
into operation in the area since no notification by the President was published 
excluding its application to the area--Contribution to the Fund is not a subject 
enumerated in paragraph rAct is not an occupied field. 
A1ticle 21-Right to health to a worker is a fundamental 1ight. 
The Regional Provisional 
Fund Commissioner issued a notice 
under s.7 A of the Employee's Provident Funds and Miscellaneous 
Provisions Act, 1952 to the Shillong City Bus Syndicate, the respondent, 
as the latter had not made payment or employees' Provident Fund con-
H tribution for the period from January to September 1972. The respondent 
942 
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REGNL. PROVIDENT FUND COMMR. v. SHILLONG CITY BUS SYNDICATE 
943 
challenged the said notice by filing a writ petition.before.the Guahati.H.igh A 
Court, OU the ground that it was running the trnrisport service within the 
Khasi Hills District which was defined iit Paragraph l of the Sixth 
; 
Schedule to the. Constit.ution. as an auton0f110U~ .. district .by .operation of 
the proviso to sub-paragraph (2) of Paragraph 20. The matter was referred 
to a Five-Judge Bench which ~lhiwed the writ petition and ·c1uashed .the B 
notice holding that the Act did not apply to the Khasi Hills Au.tonomous 
District and, the A.ct not being in force_ in the area, the notice was without 
· jurisdiction. Aggrieved, the Regional Provident Fund Commissioner fdid 
the present appeal. 
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Itwas contended for the appellant that all Acts of Parliament would C 
apply to an autonom~us district unless the Governor of the State or the 
President of India by notification excluded application of the Act in the 
autonomous reg~on; and since no such notification was issued in respect 
of non- application of the Act in the autonomous region the Act applied to 
the Khasi Hills Autonomous District and, as such, the notice calling upon-
the respondent. to contribute the arrears of the amount to tile Fund was D, 
valid in law. 
Allowing tile appeal, this Court 
HELD : 1.1. The Employees' Provident Fund and Miscellaneous 
Provisions Act, 1952 is applicable to the area of the Khasi. Hills 
Autonomous District and the notice dated. 26.10.1972 issued by··tlle 
Regional Provident Fund Commissioner under s.7-B of the Act is ap-
plicable to the respondent. [944-G; 953-G] 
E 
F 
1.2. On the constitution of the District Council 'of Kh'asi Hills 
Autonomous District under Paragraph 2 of the Sixt.h Schedule to the 
Constitution of India, Paragraph 12-A thereof came into operation with 
effect from June 27, 1952, wiih the result that 1'ar~graph'19 ceased to exist .. 
With the coming into operation of Paragraph 12-A, the Act, being an Act 
made by the Parliament, which had already come irito operation Oil 
4.3.1952 throughout India, except the State of Jam~u and Kash.~ir, G 
proplio vigore, came into operatimd'or the area of Khasi Hills Autonomous 
District since no notification by the President excluding its applicatipn to 
1 
that area was published. Application of the Act ~toi1d excluded earlier by 
operation of Paragraph 19(l)(b) since ~o notification .was issued by the' 
Governor making the Act applicable

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