CENTRAL BOARD TRUSTEE Vs. MURNAD EDUCATION SOCIETY

JUDGEMENT

(1.) This Intra-Court Appeal emanates from an Order, dtd. 22/8/2016 passed by the learned Single Judge by which the Writ Petition preferred by the Appellant has been dismissed.

(2.) Facts giving rise to filing of this Appeal briefly stated are that the Respondent namely M/s. Murnad Education Society is an Education Institute which runs different establishments. It has 24 teaching and non-teaching staff out of which 14 Employees are covered under the grant-in-aid scheme and their salaries are being paid by the Government of Karnataka. The aforesaid 14 Employees are entitled to Pension and benefit under the State Civil Services Rules. The other establishment being run by the Respondent has 19 Employees, who are the Employees of the Society. The premises of the Respondent were inspected by the Officers of the Appellant and it was found that there were more than 20 Employees, who were working in the Educational Institution of the Respondent. Thereupon, a proceeding under Sec. 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') was initiated. The Assistant Commissioner, by an Order, dtd. 26/4/2013, inter alia directed the Respondent to pay a sum of Rs.18,85,580.00 as provident fund to the Employees. The Respondent assailed the aforesaid order by way of a Review Petition under Sec. 7-B of the Act. The Review Petition was dismissed by an Order, dtd. 25/6/2013. The Respondent thereupon filed an Appeal before the Employees Provident Fund Appellate Tribunal. The Appellate Tribunal, by an Order, dtd. 24/12/2013, allowed the Appeal preferred by the Respondent and held that in the establishment of the Respondent, only 19 Employees are engaged and therefore, the provisions of the Act are not applicable to the establishment.

(3.) The Appellant challenged the aforesaid order in a Writ Petition. The learned Single Judge, by an Order, dtd. 22/8/2016, has dismissed the Writ Petition preferred by the Appellant. In the aforesaid factual background, this Appeal has been filed.