proceedings contemplated under Section 7A of
the Act and also para 26B of the Scheme, the Commissioner
concluded saying all the 47 working journalists necessarily ... join the fund. Para 26A of the Scheme refers to retention of
membership by a member of the fund and Para 26B of the
Scheme
provision in respect
of newspaper establishments and newspaper employees. Paragraph
26b as provided under para 80 in Chapter X reads as follows:
(b) Every newspaper ... eligibility of the 3rd respondent for
membership under the Scheme under para 26B with reference to
the orders of his appointment produced before
respondent
ought to have conducted an enquiry as contemplated
under Para 26B of the relevant Scheme in order to
adjudicate the dispute as to whether ... that, grounds available to the petitioner
with respect to enquiry under Para 26B of the Scheme
TRUE COPY OF THE NOTICE DATED 11.8.2011 ISSUED UNDER
PARAGRAPH 26B OF THE SCHEME.
EXT-P2: TRUE COPY OF THE CONTRACT ENTERED INTO ... Provident Fund Scheme,1952 is under challenge in
this writ petition. Para 26B is as follows.
" 26B. Resolution of doubts - If any question arises
that while determining the dues under Section 7A , no
enquiry under paragraph 26B of the Employees Provident
Funds Scheme has been conducted to determine whether ... there
is no need for a separate enquiry under para 26B and it is
the very same authority who has to make determination
under Section
passed by the authority has to be treated
as one under paragraph 26B of the Provident Fund Scheme as
to the status of the employees ... employees are entitled
to become members of the Scheme as
per para 26B of the Provident Fund
Scheme, 1952."
In view of the remand
order of exemption under paragraph 27 or paragraph 27A.
7. Paragraph 26B of the Scheme provides for resolution of
doubts as to the entitlement ... petitioner points out that
since Ext.P3 decision under para 26B of the Scheme is issued by
the Regional Provident Fund Commissioner
that the proceedings
WP(C) 23690/2005 3
are maintainable under Para 26B of the Scheme in so far as the workers
have no other ... rightly pointed out by the leaned counsel for the petitioner,
Para 26B cannot have a separate existence from Section
could not fall
within the definition of excluded employees as provided para 83 of the
1952 Scheme as there is no such proof that international ... status of detached worker. There has been an amendment in para 26,
26A and 26B with effect from 7.5.2014 where every international
worker (other than
amendment of the Kerala General Sales Tax Act by which Section 26B is incorporated by the Finance Act, 1999 with effect from April ... State Bank of Indore [2002] 126 STC 1 (para 5); ( 2002) 10 KTR 366 (Para 5), State Bank of Bikaner and Jaipur v. National Iron
