REGIONAL PROVIDENT FUND COMMISSIONER Vs. ATREYEE WELFARE TRUST

JUDGEMENT

(1.) As prayed for, the name of the appellant No. 1 be deleted from the cause title at the risk of the appellant. The cause title be corrected here and now. The corrected Vakalatnama has since been filed today be taken on record. The defect, thus, stands removed. After having heard the learned counsel for the parties, the application for addition of parties, being CAN 10673 of 2004, is allowed. Let the applicants be added as respondents in the appeal without prejudice to the rights and contentions of the parties and subject to such objection that might be taken at the time of hearing. Let the names of the added respondents be included in the Memorandum of Appeal. The application, thus, stands disposed of. In Re: CAN 5492 of 2002 & MAT 817 of 2002.

(2.) While addressing the Court on the question of interim order of stay, the learned counsel for the respective parties had addressed the Court on the merit of the appeal. After having heard the application for interim order, we are of the view that any order on the application would have an impact on the merit of the appeal itself. Therefore, by consent of the parties, the appeal is treated as on day's list and is taken up for hearing along with the application for stay. The Question

(3.) After having heard the learned counsel for the parties, the short question that falls for determination before this Court is whether the provisions of the West Bengal Non-Government Educational Institutions and Local Authorities (Control of Employees' Provident Fund) Act, 1983 and the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 would apply to the present School which is administered by a Trust. Submission on behalf of the Respondent/School