AJAY RASTOGI,J. - (1.) The matter has come up on an application filed by the petitioner but with the consent of counsel for the parties, the matter is finally disposed of at this stage.
(2.) Instant writ petition has been filed by the petitioner Ex-Servicemen Welfare Cooperative Society assailing the order of Assistant Provident Fund Commissioner dated 20/01/2009 exercising powers under Section 7-A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 ("Act, 1952").
(3.) It appears from record that such Ex-Servicemen Welfare Societies were earlier exempted by the Government of India in exercise of its powers under Section 16(2) of the Act, 1952 but vide gazette notification dated 17/08/2004, the Government of India withdrew its earlier notification granting exemption, as a consequence whereof, the provisions of the Act, 1952 became applicable upon such Ex-Servicemen Welfare Cooperative Societies. The gazette notification dated 17/08/2004 of the Ministry of Labour and Employment, which is relevant for the purpose, is reproduced here as under:- "In exercise of the powers conferred by Sub-Section (2) of Section 16 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government, being of the opinion and having reviewed the circumstances and conditions for grant of exemption to the establishments which exclusively employ only ex-servicemen who are in receipt of military pension hereby withdraws notification NO. S.O.872(F.No. S- 35014/4/99-SS-II) dated 5th April, 2000 with immediate effect from the date of publication of this notification in the Official Gazette of India";