Page 105 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes
the statutory scheme of provident fund would soon become compulsory it would not be
advisable to adjudicate upon the respondent’s claim for the specified items of gratuity at
that stage. This argument was accepted by the Industrial Court; it held that when the
scheme envisaged by the new Act is introduced it would be possible to see from what date
it would be operative, and that, if after the introduction of the said scheme it be found that
a sufficient margin is left, it would then be open to the respondent and the Association to
make a fresh application for the institution of a gratuity fund either for all the employees or
for the benefit of such of them as will have to retire within the next few years. It was on this
ground that the demand made by the respondent was rejected on April.
The Act has been passed by the Bombay Legislature because it thought that “it was expedient
to provide for the regulation of the relations of employers and employees in certain
matters, to consolidate and amend the law relating to the settlement of industrial disputes
and to provide for certain other purposes”. With this object the Act has made elaborate
provisions for the regulation of industrial relationships and for the speedy disposal of
industrial disputes. An “industrial dispute“ under s. 3, sub-s. (17), means “any dispute or
difference between an employer and employer, or between employers and employees, or
between employees and which is connected with any industrial matter“. The expression
“industrial matter has been inclusively defined in a very wide sense approved Union“ in
s. 3(2) means “a union on the approved list“ “primary union“ under s. 3(28) means “a
union for the time being registered as a primary union under the Act registered union”
under s. 3(30) means “a union registered under the Act”, while “representative union“
under s. 3(33) means “a union for the time being registered as a representative union
under the Act.”.

Source: http://www.indiankanoon.org/docfragment/1936107/?formInput=employees%20provident%
20fund%20act%201952%20doctypes%3A%20supremecourt

Self Assessment

State whether the following statements are true or false:
1. A non-official Bill on this subject was introduced in the Lok Sabha in 1950 to provide for
the establishment and grant of provident fund to certain classes of workers by their
employers.
2. An establishment/factory, which is not otherwise coverable under the Act, can be covered
voluntarily with the mutual consent of the Act.
3. The Employees’ Provident Fund Organisation is in charge of all the four schemes.

6.2 Definitions

In this Scheme, unless the context otherwise requires:

(1) Employees’ Pension Fund

“Pension Fund” means the Employees’ Pension Fund established under sub-section (2) of section
6A

(2) Employee Pension Scheme

“Pension Scheme” means the Employees Pension Scheme framed under sub-section (1) of section
6A.

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