M/s. D.A.V. College & Anr. etc. etc. Vs. Regional Provident Fund Commissioner & Ors. etc. etc.
EmailAppeal: Writ Petition No. 8000-01 of 1982.
WITH
Writ Petition Nos. 6976/82, 2834, 5852, 5333-55, 3830-31, 3801-02, 3808, 2739-40, 3833-36, 2808, 3515-16, 3518, 10752-54, 5853 of 1983, 12791-94, 12642-54 and 1603 of 1984.
WITH
Writ Petition Nos. 6976/82, 2834, 5852, 5333-55, 3830-31, 3801-02, 3808, 2739-40, 3833-36, 2808, 3515-16, 3518, 10752-54, 5853 of 1983, 12791-94, 12642-54 and 1603 of 1984.
Petitioner: M/s. D.A.V. College & Anr. etc. etc.
Respondent: Regional Provident Fund Commissioner & Ors. etc. etc.
Apeal: Writ Petition No. 8000-01 of 1982.
WITH
Writ Petition Nos. 6976/82, 2834, 5852, 5333-55, 3830-31, 3801-02, 3808, 2739-40, 3833-36, 2808, 3515-16, 3518, 10752-54, 5853 of 1983, 12791-94, 12642-54 and 1603 of 1984.
WITH
Writ Petition Nos. 6976/82, 2834, 5852, 5333-55, 3830-31, 3801-02, 3808, 2739-40, 3833-36, 2808, 3515-16, 3518, 10752-54, 5853 of 1983, 12791-94, 12642-54 and 1603 of 1984.
Judges: E.S. VENKATARAMIAH & K.N. SINGH, JJ.
Date of Judgment: Jan 29, 1988
Head Note:
EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952:
The Act was applicable to the Petitioners – Petitioners directed to comply with the Act and the schemes framed thereunder regularly w.e.f. 1.2.1988 – No damages to be levied if arrears are paid in accordance with the directions of the Regional Provident Fund Commissioner.
JUDGEMENT:
O R D E R
1. Shri S.K. Bagga, learned counsel appears for the petitioners. We do not find any substance in the contention of the petitioners in these cases that the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the Act’) has no application to the educational institutions who are petitioners in these cases. We, therefore, dismiss all these cases.
2. We direct that the petitioners shall comply with the Act and the schemes framed thereunder regularly with effect from 1.2.1988. Whatever arrears they have to pay under the Act and the schemes in respect of the period between 1.3.1982 and 1.2.1988 shall be paid by each of the petitioners within such time as may be granted by the Regional Provident Fund Commissioner. If the petitioners pay all the arrears payable from 1st March, 1982 upto 1st February, 1988 in accordance with the directions of the Regional Provident Fund Commissioner he shall not levy any damages for the delay in payment of the arrears. Having regard to the special facts of these cases the subscribers (the employees) shall not be entitled to any interest on the arrears. The Writ Petitions are disposed of accordingly. No costs.
Petitions dismissed.
1. Shri S.K. Bagga, learned counsel appears for the petitioners. We do not find any substance in the contention of the petitioners in these cases that the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the Act’) has no application to the educational institutions who are petitioners in these cases. We, therefore, dismiss all these cases.
2. We direct that the petitioners shall comply with the Act and the schemes framed thereunder regularly with effect from 1.2.1988. Whatever arrears they have to pay under the Act and the schemes in respect of the period between 1.3.1982 and 1.2.1988 shall be paid by each of the petitioners within such time as may be granted by the Regional Provident Fund Commissioner. If the petitioners pay all the arrears payable from 1st March, 1982 upto 1st February, 1988 in accordance with the directions of the Regional Provident Fund Commissioner he shall not levy any damages for the delay in payment of the arrears. Having regard to the special facts of these cases the subscribers (the employees) shall not be entitled to any interest on the arrears. The Writ Petitions are disposed of accordingly. No costs.
Petitions dismissed.
