HAMDARD WAKF LAB INDIA Vs. K L SEHGAL

JUDGEMENT

(1.) Being aggrieved by the order dated 9.3.1983 passed by the respondent No.1, under the provisions of Section 7-A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, the present petition was filed in this court by the petitioner praying for setting aside and quashing the aforesaid order.

(2.) By the aforesaid order it was held by the Regional Provident Fund Commissioner, respondent No.1, that M/s.Hamdard (Wakf) Laboratory (India), the petitioner herein and the respondent No.4 institute, constitute one establishment and, therefore, the employees working in the respondent no.4 institute would receive the provident fund benefit from the date of its set up.

(3.) M/s.Hamdard Dawakhana (Wakf) Laboratory is a wakf registered under the Muslim Wakf Act. The respondent No.4 institute, on the other hand, is a society registered under the Societies Registration Act. The Regional Provident Fund Commissioner, initiated a proceeding under Section 7-A of the said Act for determination of the dues payable by the petitioner to the employees of respondent No.4 and in the course thereof issued summons to the petitioner. The institute, namely, the respondent no.4 was also impleaded as a party in the said proceeding. After appearance in the matter the petitioner filed an application for quashing the order of impleading the institute as a party and also requesting for dropping the enquiry against it. The workmen of the petitioner and respondent no.4 also entered appearance and they also submitted certain documents in the course of the aforesaid proceeding. The parties filed various records in support of their respective claims.