BHADARVA KELVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE returnable today. Mr.Suthar and Ms.Patel waive service of rule. With the consent of the learned advocates, the petition is heard and disposed of today.

(2.) THIS petition has been preferred by Bhadarva Kelavani Mandal, an educational institution, against the order dated 1st September, 2006 made by the Assessing Officer, Regional Provident Fund Commissioner, Vadodara, under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as, "the Act of 1952"). According to the Assessing Officer, the petitioner -Institution was in default of EPF dues for the period from August, 1982 to September, 2004 to the extent of Rs.11,99,490=00.

(3.) AFTER long winding arguments, it is precipitated that the aforesaid dues are calculated in respect of six employees engaged by the petitioner in its primary section. The gravamen of the grievance made by the petitioner is that the teachers in the primary section are governed by the pension scheme of the State Government. The petitioner is, therefore, neither liable to deduct the employees' provident fund nor to make employer's contribution. The amount admitted by the petitioner is already paid under the order of this Court made on 12th December, 2006 in Civil Application No.12153/2006.