THE REGIONAL PROVIDENT FUND COMMISSIONER BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM Vs. THE TRIVANDRUM MEDICAL COLLEGE HOSPITAL DEVELOPMENT SOCIETY, MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM

JUDGEMENT

(1.) - Judgment passed by the learned single Judge setting aside the orders passed by the Provident Fund Commissioner and the Appellate Tribunal declaring that the writ petitioner Societies do not come within the purview of an establishment notified by the Central Government as per the notification bearing Nos. GSR.731 and 805 dated 17.05.1971 issued in exercise of the power under Sec. 1(3)(b) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as Act), is under challenge in the two appeals preferred by the authorities of the Provident Fund Department. The writ petition tagged along with these appeals involves challenge against the order passed by the Employee's Provident Fund Appellate Tribunal declaring that the respondent-Society/establishment is an exempted establishment and cannot be covered under the Act, placing reliance on the verdict passed in O.P.No. 7464 of 2000.

(2.) W.A. 2482 of 2008 arises from O.P. 7464 of 2000 preferred by the first respondent Society functioning in the premises of the Medical College Hospital, Thiruvananthapuram; whereas the other writ appeal, i.e., W.A. No. 1810 of 2012 arises O.P. 4616 of 2002 preferred by a similar Society attached to the Medical College Hospital, Kottayam. The third case, i.e., W.P.(C) No. 18647 of 2011 is in respect of the Society functioning in the Medical College Hospital, Kozhikode. W.A.No. 2482 of 2008 is treated as the lead case and reference is made to the parties and proceedings as referred to therein, except where it is separately referred to, depending upon the context.

(3.) The sequence of events revealed from the proceedings is that, the Government found it necessary to constitute Hospital Advisory Committees, consisting of members nominated by the Govt. of Kerala from the public at large, the official members and also the representatives of the staff and the people. An order bearing No.G.O.(Ms)26/83/HD dated 29.01.1983 was issued, prescribing the duties and responsibilities for the better functioning and improvement of the institutions particularly the Medical College Hospitals, District Hospitals and Taluk Hospitals. This was based on the recommendations of the High Power Committee headed by Dr. K.N. Pai, with the object of keeping constant vigil on the working of the hospital concerned and to render whatever assistance is necessary by way of voluntary service or financial contributions to meet the exigencies, ensuring steady development of the Hospitals/institutions. Subsequently, these Committees were caused to be registered as Societies under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955.