MAHANAGAR TELEPHONE NIGAM LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) W.P.(C) 4309/2013

(2.) Further seeks declaration that Condition No. 25 of Appendix A of Para 27AA of the Employees' Provident Fund Scheme, 1952, (for short 'the Scheme') is ultra vires the Act.

(3.) Mr. Chandan Kumar, learned counsel appearing on behalf of the petitioner submitted that the petitioner made an application dated 24.12.1986 under Section 17(1)(a) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, (for short 'the Act') for seeking exemption which is still pending, however, vide order dated 19/25.01.1988, respondent No.3/Additional Provident Fund Commissioner granted relaxation under paragraph 79 of the Scheme. The said relaxation so given did not put restriction as set out in Condition No. 25 of Appendix A to Para 27AA of the Scheme.