U O I vs VINOD KUMAR

The Supreme Court held that under Sub-section (71)(a) of Section 5-D of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, prior approval from the Central Government is mandatory for any deviation from the recruitment rules. The Court found that the ex post facto approval obtained was not valid in law, affirming the Tribunal's decision that the approval was invalid and directing the appellant to issue a fresh notification for recruitment in accordance with the rules. Consequently, the appeal was dismissed without costs.