LAKSHMANAN, CJ. - (1.) This appeal is directed against the judgment of Hon'ble Justice Ms. GYAN SUDHA MISRA, dated of January, 29, 1998 passed in S.B. Civil Writ Petition No. 3007/1997. The appellant is a hospital run by an autonomous body, which is a charitable hospital and as per the government requirement number of patients are treated totally free of cost. According to the appellant, for the employees working in the hospital and covered by the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') the management is paying contribution with respect to their own employees are concerned and are complying with the provisions of the Act. The open space leading to the hospital building is in possession of the management and is leased out to lessee on year to year basis and the lessee to whom the open place is leased out carries thereon the business of cycle stand by making his own arrangements and the employees employed with the lessee are under the control and supervision of the lessee itself and that the management has no concern or control over them.
(2.) The appellant hospital received a notice dated July 12, 1991 (Annexure 1 to the writ petition) and another notice dated November 6, 1996 (Annexure 6) from the Regional Provident Fund Commissioner, Jaipur calling upon them for depositing contribution with respect to the employees employed by the lessees running cycle-stand, security guards and cleaning employees. The management deposited the contribution with respect to the security guards and cleaning employees engaged through contractors, in connection with the activities of the hospital and settled the matter with the respondent. However, the management made representation to the non-appellant with respect to coverage of these unspecified employees under the provisions of the Act and raising demand of depositing contributions for the employees engaged in the cycle-stand. However, the department did not agree to the contentions raised by the management and directed them to deposit sum of Rs. 61,199.00 for the periods between June 1991 to August, 1996 through an order dated April 1, 1996 (Annexure 10 to the writ petition).
(3.) Aggrieved by the order dated April 1, 1996, a writ petition was filed by the appellant before this Court, which was dismissed by the learned single Judge vide order dated January 29, 1998. Being aggrieved by the order of dismissal, this special appeal has been filed.;