Decided on November 18,2013

St. Anthony's College Appellant


- (1.) By means of this writ petition, the writ petitioner has sought for quashing of order dated 03.07.2006 passed under Section 8F(3) of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 ( for short EPFMP Act ).
(2.) Heard learned counsel for the parties and perused the papers on record and affidavits filed by the parties.
(3.) Brief facts of the case are that the petitioner St. Anthony's College is a deficit grant-in-aid College having teaching and non-teaching staff of 150. It is stated in the writ petition that the college receives grant from the State government regularly out of which full salary of the teaching staff against the sanctioned post is paid. It is further stated that fee of the students is fixed by the government and 60% of it is remitted to the Government. It is also stated that St. Anthony's College is covered under Contributory Provident Fund Scheme right from the beginning and Death-cum-Retirement Scheme of the Government of Meghalaya is also applicable to the employees as the institute is deficit grant-in-aid institution. The Contributory Provident Fund amount ( for short CPF amount ) is deposited and controlled by regulations applicable to it. It is pleaded that the petitioner's college is not covered under EPFMP Act. Though in the Writ Petition No.139(SH)1998 filed by some employees, it has been held that it is the responsibility of the State to implement EPF Scheme for the employees, but said judgment appears to have been set aside vide order dated 07.12.2005 passed by the Division Bench of the Gauhati High Court in Writ Appeal No.14 of 2001. The writ petitioner has not concealed the said fact rather mentioned about the same in para 5 of the writ petition. Petitioner's case is that since the institution in question is under the control of the Government, being grand-in-aid, recovery letter of Rs.2,86,30,828/- towards EPF dues for the period of 1982 to 1999 is illegal. It is stated in the writ petition that the respondent-Provident Fund Authorities under EPFMP Act have attached all Bank Accounts of the St. Anthony's College which is illegal.;

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