EMPLOYEES PROVIDENT FUND ORGANISATION Vs. RAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The climactic issue that falls for consideration in this writ petition is whether Raipur Development Authority-Respondent herein is exempted from the provisions contained in Employees' Provident Fund and Miscellaneous Provisions Act, 1952 by virtue of Section 16(1)(c) of that Act ?

(2.) Employees' Provident Fund Organization established under the provisions of Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (henceforth the "EPF Act,1952") is a petitioner herein calls in question the legality, validity and correctness of the impugned order dated 09.02.2010 passed by the Employees' Provident Fund Appellate Tribunal, New Delhi (for short 'the EPF Appellate Tribunal') in Appeal No. ATA/113(8)/08 holding that by virtue of provisions contained in Section 16(1)(c) of the EPF Act, 1952 respondent- Raipur Development Authority (for short 'RDA') is exempted from the operation of EPF Act, 1952.

(3.) Imperative facts necessary for judging the legality, validity and correctness of the impugned order and in order to find out as to whether the petitioner is entitled for the reliefs claimed in the writ petition are as under:-