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Provident Fund Inspector, Quilon vs Kerala Janatha Printers And Publishers ... on 27 July, 1964

Out attention is also drawn to the case of Provident Fund Inspector v. Kerala Janatha Printers. In this case validity of Section 15 of the Working Journalists' (Conditions of Service) Act, 1955, was impugned. Section 15 of the Act extended the provisions of the Employees, Provident Funds Act to the working journalists at a time when the Act was applicable only to factories and not to non-factory establishments. The Act was applied to the working journalists not by a notification under Section 1(3)(b) but by Section 15 of the Working Journalists' Act itself. The judgment in this case contains certain observations to the effect that by a notification under Section 1(3)(b) the Act could be applied to all establishments, factory or non-factory. Although the question raised in this matter did not directly arise in that case because it turned on the effect of the extension of the Act by virtue of Section 15 of the Working Journalists' Act and not by virtue of a notification under Section 1(3)(b), we are in agreement with the observations of the learned Judges in that case. A Division Bench of the M.P. High Court has, in the case of M/s. Radhakrishnan V.R.P.F. Commer. (197) A.I.R.M. P. 157 taken a contrary view and has dissented from the judgment of the Kerala High Court referred to hereinabove.
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