ASSISTANT PROVIDENT FUND COMMISSIONER Vs. CHINMAYA MISSION HOSPITAL

JUDGEMENT

(1.) The Asst. Provident Fund Commissioner aggrieved by the order dt. 15.10.2010 in ATA 607(6)2006 of the Employees' Provident Fund Appellate Tribunal, for short the 'Tribunal' allowing the appeal filed by the Respondent-Chinmaya Mission Hospital and setting-aside the order dt. 21.4.2006 Annexure-D of the Asst. Provident Fund Commissioner in a proceeding under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, for short the 'Act', modifying the order allotting code number K N 5115 to M/s Chinmaya Mission Hospital by including Karnataka Chinmaya Seva Trust, as well as Chinmaya Mission Hospital Institute of Nursing under the same code number as a common establishment, has presented this petition.

(2.) Petition is opposed by filing Statement of Objections, seeking to sustain the order impugned as being well merited, fully justified and not calling for interference.

(3.) Heard the Learned Counsel for the parties, perused the pleadings and examined the order impugned. Respondent preferred appeal bearing No. ATA 607(6)2006 before the Tribunal calling in question the order dt. 21.4.2006 of the Asst. Provident Fund Commissioner contending that the Petitioner, a Trust engaged in promoting education did not have staff strength in excess of 20, and that there was no interconnection between Chinmaya Mission hospital and Chinmaya Mission Hospital Institute of Nursing and Karnataka Chinmaya Seva Trust, and hence no justification to club them together as one establishment. Moreover the establishments being separate, and distinct have neither functional integrality nor financial integrity or common administration.