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march 1962

Supreme Court of India · 1962-03-14

M/S. ORISSA CEMENT LTD. vs UNION OF INDIA

Citation / case number
SC 1961/87
Court
Supreme Court of India
Petitioner
M/S. ORISSA CEMENT LTD.
Respondent
UNION OF INDIA
Bench
SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that the Notifications dated January 15, 1958, and December 2, 1960, amending the Provident Fund Scheme were unconstitutional as they imposed unreasonable restrictions under Article 19(1)(g) of the Constitution. The Court found that Section 6(1) of the Provident Fund Act, 1952, only makes the employer liable for half of the provident fund, and the amendments unfairly extended this liability to contract labour, creating discrimination between employers of contract and direct labour. Consequently, the amendments were struck down for failing to meet the reasonableness standard under Article 19(6).

M/S. ORISSA CEMENT LTD. vs UNION OF INDIA · Niyam