ASHOK YATRI NIWAS NOW INDRAPRASTHA HOTELS Vs. UOI

JUDGEMENT

(1.) Admit. With the consent of the counsel for the parties, the appeal is taken up for final hearing.

(2.) This appeal challenges the order dated 20th April, 2004 dismissing the civil writ petition No.2062/89 filed by the successors entitled ?M/s Indraprastha Hotel? a unit of Hotel Queen Road Pvt. Ltd., who had taken over the property, right and powers of M/s India Tourism Development Corporation Ltd.(in short the `ITDC') in Hotel Ashok Yatri Niwas, now known as ?Hotel Indraprastha? which was then a unit of ITDC by the Scheme of Arrangement dated 8th October, 2002. The learned Single Judge has followed the judgment in a companion writ petition No.1881/1982 entitled ?Hotel Jaipur Ashok and Anr. Vs Ms. KP Sarojni and Ors., raising issues similar to those raised in the present writ petition No.2062/1989 The dues in the present case relates to the dues of provident fund sought to be recovered by the respondent No.2, Regional Provident Fund Commissioner, New Delhi(in short the `RPFC') from the Ashok Yatri Natri Niwas now known as ?Hotel Indraprastha? and the issue of show cause notice on the basis of the applicability of the Employees Provident Funds and Miscellaneous Provisions Act, 1952(hereinafter referred to as the `EPF Act') was challenged in this Court and further proceedings stayed.

(3.) The learned counsel for the appellant, Ms. Suruchi Aggarwal sought the benefit of Section 16(1)(b) of the EPF Act which reads as follows:-