VidhiSangh

Supreme Court of India · 12/10/2023

M/S MATHOSRI MANIKBAI KOTHARI COLLEGE OF VISUAL ARTS versus THE ASSISTANT PROVIDENT FUND COMMISSIONER

[2023] 16 S.C.R. 538 · 2023 INSC 909

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Summary

The Supreme Court upheld clubbing two arts institutions for provident-fund coverage. Together they employed 26 persons, operated on the same campus and were managed by one society. The record supported common supervisory and financial control, while the college failed to substantiate its claim of independence. Different courses, establishment dates and grant-in-aid percentages did not defeat coverage on these facts.

Issues

  1. Whether two institutions run by one society could be clubbed to meet the employment threshold for provident-fund coverage.
  2. Whether the documents established independent establishments despite common management and premises.

Provisions considered

Held

Result

Appeal dismissed without costs; provident-fund coverage by clubbing the two institutions upheld.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 538.