- (1.) DELHI Public School, Meerut road, Ghaziabad, is a covered establishment under the provision of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.
(2.) DURING the course of the various inspection carried out in the institution, the Area Enforcement officer noticed that contractors employees including canteen contractor, transport contractor, doctor and cycle stand contractor have not been covered by the Management for the purpose of extending provident Fund benefits. The Management of the institution was asked to remedy the said situation by computing quantum of arrears dues to be paid in respect of said category of employees on 22-11-1996. No action was taken and thereafter notice for initiating proceeding under section 7a (3) of the Act was issued on 22-1-1997. Petitioners submit that immediately, thereafter reply was filed on 1-3-1997 mentioning therein that they are employees of contractors and there does not exist master and servant relationship in between the Driver and petitioner's institution. Thereafter proceedings under section 7a (3) of the Act has been finalized on 7-4-1997 and said amount has been worked out and has been realized from the establishment by attaching the account of institution under section 8 (F)of the Act. At this juncture petitioner has approached this Court contending therein that entire proceedings are void and without jurisdiction.
(3.) COUNTER affidavit has been filed and therein it has been sought to be contended that rightful proceedings have been initiated against the petitioner and contractors, driver are fully covered under the definition of employee of the establishment as per definition under section 2 (f) of the Employees provident Fund and Miscellaneous Provisions Act, 1952, consequently, there is no shortcoming in the proceeding taken.;