The Kurukshetra University, Kurukshetra Vs. Union of India & Ors.
EmailAppeal: Writ Petition Nos. 3606 & 5191 of 1983.
Petitioner: The Kurukshetra University, Kurukshetra
Respondent: Union of India & Ors.
Apeal: Writ Petition Nos. 3606 & 5191 of 1983.
Judges: E.S. VENKATARAMIAH & B.C. RAY,JJ.
Date of Judgment: Jan 07, 1988
Head Note:
EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952:
Section 16(2) – Notification dated 21st August, 1984 issued by the Govt. of India exempting the petitioner universities from the purview of the Act – Petitioners universities established under the Acts passed by the State Legislatures fall under the category of institutions referred in S.No.1 to the Schedule to the notification – Therefore no action can be taken against these two universities under the Act with effect from 1-9-1984.
JUDGEMENT:
O R D E R
1. These petitions have been filed by the Kurukshetra University and the Punjab Agricultural University questioning the application of the provision of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the Act’) to the said universities. The learned Additional Solicitor General, Shri Kuldeep Singh has produced before us a notification dated the 21st August, 1984 issued by the Government of India in exercise of its powers under sub-section (2) of Section 16 of the said Act exempting the institutions mentioned in the Schedule attached thereto from the purview of the Act with effect from 1st September, 1984. Kurukshetra University and the Punjab Agricultural University which are established under the Acts passed by the State Legislatures fall under the category of institutions referred to in S.No.1 of the Schedule to the notification referred to above. Therefore no action can be taken under the Act against these two universities with effect from 1st September, 1984. In view of the above, these Writ Petitions are disposed of without expressing any opinion on the merits of the contentions. If there is any dispute regarding the liability of the petitioners under the Act in respect of the period prior to 1st September, 1984 the petitioners or the employees (the subscribers) are at liberty to take fresh proceedings in that regard, if they are so advised. The Writ Petitions are disposed of accordingly. No Costs.
1. These petitions have been filed by the Kurukshetra University and the Punjab Agricultural University questioning the application of the provision of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the Act’) to the said universities. The learned Additional Solicitor General, Shri Kuldeep Singh has produced before us a notification dated the 21st August, 1984 issued by the Government of India in exercise of its powers under sub-section (2) of Section 16 of the said Act exempting the institutions mentioned in the Schedule attached thereto from the purview of the Act with effect from 1st September, 1984. Kurukshetra University and the Punjab Agricultural University which are established under the Acts passed by the State Legislatures fall under the category of institutions referred to in S.No.1 of the Schedule to the notification referred to above. Therefore no action can be taken under the Act against these two universities with effect from 1st September, 1984. In view of the above, these Writ Petitions are disposed of without expressing any opinion on the merits of the contentions. If there is any dispute regarding the liability of the petitioners under the Act in respect of the period prior to 1st September, 1984 the petitioners or the employees (the subscribers) are at liberty to take fresh proceedings in that regard, if they are so advised. The Writ Petitions are disposed of accordingly. No Costs.
