Case Law Details
Case Name : Union of India & Anr. Vs Ogale Glass Works (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
Hon’ble Supreme Court in the case of Union of India and others v Ogale glass Works 1971 AIR 2577 held that the award of industrial tribunal cannot stand in the way of enforcing the statutory provision cast on the Regional Provident Fund Commissioner under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952. In view of that, any agreement entered into between the employer and employees’ union against deduction of PF on the adhoc allowance in question is not binding on this organization.
Supreme Court of India
Union Of India & Anr.
Vs.
Ogale Glass Works
Date Of Judg...
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Good decision. I add my view. In such decisions in respect of beneficiary legislation, it would be wiser to ask the employers continue pay the due amounts pending final decision of the Apex court, as if the Appex court reverses the judgements then the employees would not unnecessarily suffer the pecuniary benefits if proclaimed as entitled, if the sums are to be refunded that could be refunded by some simple interest to employers that way protracted litigation would not hamper any one.
Had i been on SC bench i would have giver obiter dicta to future High court decisions especially in respect of beneficiary legislation only. that way none would be a serious sufferer and mentally over burdened thanks