SPICE JET LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Since common questions of law have been raised in these writ petitions and facts are also intertwined, both the petitions were heard together and are being decided by the following common judgment and order;

(2.) Proceedings of this petition have been instituted under Article 226 of the Constitution of India seeking the following prayers: -

(3.) By the notification dtd. 1/10/2008 issued under Sec. 5 read with Sec. 7(1) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act"), the Central Government has inserted paragraph 83 in the Employees' Provident Fund Scheme, 1952 (hereinafter referred to as "the Scheme"), whereby the Scheme has been made applicable to the 'International Workers' subject to certain modifications in the said Scheme. Paragraph 83 of the Scheme as inserted vide impugned notification dtd. 1/10/2008 (w.e.f. 1/10/2008) is as under: