PIPMATE TEACHING STAFF ASSOCIATION Vs. MEMBER SECRETARY PONDICHERRY

JUDGEMENT

(1.) The Petitioner is an Association known as "PIPMATE Teaching Staff Association". Its members are the teaching staff working in various institutions run by the Pondicherry Institute of Post-Matric Technical Education. (for Short PIPMATE) There are 66 lecturers working in those institutions, who are the members of the Petitioner Association. According to the learned Counsel appearing for the Petitioner, this Association is a Registered Association.

(2.) According to the Petitioner, PIPMATE implemented General Provident Fund Scheme to its staff in the year 1992 in accordance with the provisions contained in General Provident Fund (Central Services) Rules. The said scheme is being implemented till date. While so,; the third Respondent is directed the first Respondent (PIPMATE) to pay contribution in respect of the Employees of PIPMATE to the Provident Fund Organisation as per the Employees Provident Fund Organisation and Miscellaneous Act 1952. As a matter of fact, in a subsequent Governing Body Meeting of the Pondicherry Institute of Post Matric Technical Education held on 03.07.2002, it was decided by the PIPMATE as under:

(3.) Despite the same, according to the Petitioner-association, the Institutions of PIPMATE are likely to be brought under the Employees Provident Fund Scheme as per the provisions of the Employees Provident Fund and Miscellaneous Act 1952. In those circumstances, the Petitioner, as an association has come up with this writ petition seeking a mandamus to the Respondents not to convert the General Provident Fund Scheme to Employees Provident Fund Scheme under the Act with further direction to continue the scheme of General Provident Fund on par with other autonomous institutions.