EMPLOYEES PROVIDENT FUND ORGANISATION SUB REGIONAL Vs. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL NEW DELHI

JUDGEMENT

(1.) Heard Sri Shailendra Srivastava, who appears for the petitioner- Assistant Provident Fund Commissioner, Sri Anurag Vikram holding brief of Sri Dipak Seth for respondent no.2 and Sri Vinayak Saxena for respondent no.3.

(2.) Sri Shailendra Srivastava, who appears for the Assistant Provident Fund Commissioner, has filed this petition on behalf of the Employees Provident Fund Organization, Sub Regional Office, challenging the order passed by the Employees Provident Fund Appellate Tribunal, New Delhi dated 19.9.2011.

(3.) Sri Anurag Vikram holding brief of Sri Dipak Seth, has pointed out the earlier order passed by this Court by which, the learned counsel for the petitioner had to establish the maintainability of the writ petition first. Sri Vinayak Saxena is present for the SGPGI. Learned counsel for respondent no.2 says that it is an exempted company under sub-section (2) of Section 16 of the Employees Provident Fund and Miscellaneous Provisions Act as it is an organization that employs ex-servicemen, who are in receipt of pension benefits as admissible under the Government Rules exclusively.