Padiyur Sarvodaya Sangh vs Union Of India (Uoi) And Ors. on 23 March, 1999
"..... But in the present case, there is no question of rejection of the cloth or supervision by the petitioner over the weavers and there is no question of compelling them to do the work. Further, the Punjab Khadi Mandal is a non profitable organisation only to help the poor weavers to have their own cotton industries in their own villages. On a consideration of the facts and circumstances of the case, I am of the opinion that the weavers who take the cotton yarn to their homes for weaving the cloth from the Punjab Khadi Mandal, are not employees of the Khadi Mandal within the meaning of Section 2(f) so as to attract provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. I am, therefore, of the opinion that the provisions of the Act are not applicable to the case in hand. Therefore, the petitioner cannot be directed to contribute towards the provident fund....." In the light of the provisions of the Act as already referred to and in view of the fact that even the artisans or weavers have to return the finished products in a prescribed manner and in a particular design, with respect I am unable to share the view expressed by the learned Single Judge of the Punjab and Haryana High Court. On the other hand, the decision of the Patna High Court in 1996 (3) LLN 246 (supra), and in the earlier decision of this Court reported in (1998-I-LLJ-824) (Mad) (supra), support the stand of the respondents and I am in agreement with the same."