AI Structured Summary
Not yet generated for this judgment
Judgment
Inter alia contending that in the State of Bihar there is serious non-compliance with the statutory provisions of the Employees Provident Fund &
Miscellaneous Provisions Act, 1952, particularly in the matter of enforcement of the aforesaid Act to contractual and daily wage employees, this
petition in public interest has been filed and reference is made to a communication of the Chief Secretary, Bihar, Annexure-1 and another by the
Railway Department, Annexure-2 also in this regard indicating that the same are not being complied with.
Having heard learned counsel for the petitioner, we are of the considered view that the Employees Provident Fund & Miscellaneous Provisions Act,
1952 is a statutory and complete Code in itself authorizing authorities, vesting them with statutory powers to deal with such issues and, therefore, when
a statutory provision with all the procedural requirements and statutory authority is already in place, it is not appropriate to make any indulgence into
the matter in public interest. Instead, the petitioner, if advised, should take up the issue with the statutory authority under the Employees Provident
Fund & Miscellaneous Provisions Act, 1952 and it would be for the statutory authority to take action, as may be permissible under law.
With the aforesaid observation and liberty to the petitioner, we dispose of the matter.