A. Banerji, J. - (1.) This is a petition filed on behalf of the U.P. State "Electricity" Board, hereinafter referred to as the Board under Article 226 of the Constitution of India quashing of an order passed by the Regional Provident Fund Commissioner dated 15th March, 1980, Annexure-5 to the writ petition.
(2.) The Board is a statutory Corporation duly incorporated under Section 5 of the Electricity (Supply) Act, 1918. The Board is engaged in a number of operations for the purposes of generating, distributing and transmitting electricity to various consumers in the State of Uttar Pradesh. According to the Board, Electricity Transmission Division, U.P. State Electricity Board, Mirzapur is a new establishment and was created for the purpose of transmission of electricity in a specified area in the district of Mirzapur. The main functions of the Transmission Division are the maintenance of sub-stations and transmission of electricity which involves the construction of electricity lines and maintenance thereof. The Electricity Transmission Division, Mirzapur, started functioning with effect from the 17th of July, 1976.
(3.) The Regional Provident Fund Commissioner by a letter addressed to the Executive Engineer, Electricity Transmission Division, Mirzapur, dated 12th of January, 1979, stated that the Employees Provident Fund and Miscellaneous Provision Act, 1952, hereinafter referred to as the. 'Act' was applicable to the transmission Division provisionally with effect from the 1st of April, 1977 subject to the further verification of records, it was further stated that the Executive Engineer should comply with the provisions contained in the Act from the date the Act is found applicable to the establishment and that Code Number UP/6184 should be quoted in all further correspondence.;