LAWS(GJH)-2024-4-279

UNJHA PRAGATI MANDAL Vs. UNION OF INDIA

Decided On April 09, 2024
Unjha Pragati Mandal Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent has been filed challenging the order dtd. 17/12/2015 passed by the learned Single Judge. By the order under challenge, the learned Single Judge dismissed the petition of the appellant - Mandal.

(2.) Facts in brief, the learned Single Judge has set out the same and reads as under:

(3.) Mr.Shevade, learned counsel for the appellant, would submit that the order and proceedings under Sec. 7-A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, are without jurisdiction. That the school had never reached or crossed the threshold of 20 or more employees. The previous Head-Master had made a voluntary application, was never found on record of the school and even if such an application , if made, should have been treated as withdrawn when admittedly not more than 15 employees were on record and there was even no notification as per the provisions of Sec.1(4) of the Employees' Provident Fund Act.