EXECUTIVE ENGINEER NATIONAL HIGHWAY DIVISION BALASORE Vs. REGIONAL PROVIDENT FUND COMMIISSIONER BHUBANESWAR

JUDGEMENT

(1.) IN all these writ applications the prayer is to quash the order of the Regional Provident Fund Commissioner (hereinafter called the 'Commissioner') under Section 7 -A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter called the 'Act').

(2.) The Petitioners are officers of different Departments of the State Government who challenge the applicability of the Act to the establishment of which they are in charge. They have also challenged the order of the Commissioner on the grounds that due opportunity was not given to the Departments to be heard and that the Order is otherwise invalid even if it is assumed that the Act is applicable to their Departments. Thus common questions of law and fact arise for consideration on all these cases for which they were heard analogously and this judgment shall govern all those cases.

(3.) IT has been urged on behalf of the Petitioners that the Commissioner has assumed jurisdiction not vested in him by law inasmuch as the Act is not applicable to the Government establishments. According to the Petitioners, the Act is applicable to such establishment which is a factory engaged in any industry specified in Schedule. I of the Act or to any other establishments to which it has been made applicable by a specific notification under Section 1(3)(b) of the Act.