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1989 (12) TMI 353 - SC - Indian Laws

Issues:
- Applicability of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 to a carpet manufacturing establishment.

Detailed Analysis:
The case revolves around the question of whether a partnership firm engaged in manufacturing and selling carpets in Rajasthan is subject to the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (the Act). The firm contested the applicability of the Act on the grounds that the establishment was not manufacturing textiles as per Schedule I of the Act. The Regional Provident Fund Commissioner, after a hearing, determined that the business of manufacturing carpets made the Act applicable to the firm. The Central Government upheld this decision on appeal under section 19A of the Act. Subsequently, the firm filed a petition under Article 226 of the Constitution before the Rajasthan High Court, which was dismissed, leading to an appeal to the Division Bench of the High Court, which also ruled against the firm. The current appeal to the Supreme Court challenges the Division Bench's decision.

The primary argument raised by the appellant before the Supreme Court was that carpets manufactured by them did not fall under the definition of textiles as per Schedule I of the Act, hence the Act was inapplicable to their establishment. The relevant part of Schedule I includes textiles made of various materials, including wool. The Court delved into the process of manufacturing carpets, emphasizing that weaving carpets involves interlacing yarn on a loom, making it a form of textile fabric. The Court clarified that even if there are knots in the yarn during weaving, the final product remains a textile fabric. The Court rejected the argument that the certification of carpets as handicrafts by the Handicrafts Board exempted them from being considered textiles, asserting that the activity of making carpets, despite knotting, amounts to weaving and falls within the definition of textiles under the Act.

The Court referenced the case of Porritts & Spencer (Asia) Ltd. v. State of Haryana, highlighting that the concept of textiles is dynamic and continually expanding with evolving materials and techniques. The Court emphasized that any fabric woven from yarn, regardless of material or size, qualifies as a textile. The Court dismissed the argument that knotting was not explicitly mentioned in the Explanation to Schedule I, asserting that it does not impact the classification of carpets as textiles. Ultimately, the Court affirmed the decisions of the Regional Provident Fund Commissioner, the Government of India, and the High Court, holding that the appellant's establishment fell within the scope of the Act, and the firm was obligated to comply with its provisions. Consequently, the appeal was dismissed by the Supreme Court.

 

 

 

 

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