NAVEDAC PROSTHETIC CENTRE Vs. REGIONAL PROVIDENT FUND COMMISSIONER
LAWS(P&H)-1996-5-28
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 24,1996

NAVEDAC PROSTHETIC CENTRE Appellant
VERSUS
REGIONAL PROVIDENT FUND COMMISSIONER Respondents


Referred Judgements :-

REGIONAL PROVIDENT FUNDS COMMISSIONER,PUNJAB V. SHIBU METAL WORKS [REFERRED TO]


JUDGEMENT

- (1.)THIS writ petition is filed to quash the order of the Regional Provident Fund Commissioner dated May 14, 1981 as confirmed by the Central Government in the order of the Legal Adviser dated May 15, 1982.
(2.)THE Petitioner is an establishment engaged in manufacturing of artificial limbs to meet the requirement of disabled individuals. It employed more than 20 persons in the establishment. The disabled persons come to the petitioner-centre for getting the artificial limbs fixed. The Regional Provident Fund Commissioner by his order dated May 14, 1981 vide Annexure P-l applied the provisions of the Employees' Provident Fund and Miscellaneous Provisions Act. The Petitioner raised an objection that it is hospital and falls under the category of hospitals and, therefore, the provisions of the said Act are not applicable, but both the Regional Provident Fund Commissioner and the Central Government held that the petitioner-centre is not a Hospital, but covered by item No. 3, of Schedule I of the said Act. The Petitioner-centre is liable by the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act (hereinafter called 'the Act' ).
(3.)CHALLENGING the said orders, the petitioner-centre approached this Court by way of this writ petition.


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