PUSHPENDRA SINGH BHATI,J. - (1.) The present writ petitions have been filed by the petitioner with the following prayers:- (i) by issuing an appropriate writ, order or direction the impugned order dated 11.09.2014(Annexure-3) passed by the Assistant P.F. Commissioner, Kota and impugned order dated 03.11.2015(Annexure-4) passed by Employees Provident Fund Appellate Tribunal, New Delhi may kindly be quashed and set-aside; (ii) by an appropriate order or direction the respondents be directed not to recover any damages or interest from the humble appellant against the E.P.F. Contribution; (iii) Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly also be passed in favour of the petitioner.
(2.) The petitioner is a Board constituted by Government of Rajasthan and falls within the definition of Article 12 of the Constitution of India. The respondent, being an Assistant Provident Fund Commissioner, is an authority of the Union of India and also comes within the definition of Article 12 of the Constitution of India.
(3.) The petitioner is a principal employer of the establishment and is also a Board which is governed by the Sate of Rajasthan and formulated for uplifting the educational standard in the remote areas. The petitioner-Rajasthan Shiksha Karmi Board is an establishment to which the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred as the 'Act of 1952') applies and is required to pay the necessary contributions to the respondent within a period of 15 days of the close of every month as under:- "(i) The provident fund contribution under Section 6 of the Act of 1952; (ii) The family pension contributions under Section 6-A of the Act of 1952; (iii) The Insurance Fund contribution under Section 6-C of the Act of 1952; (iv) The Adm. Charges under Para 38 of the Employees Provident Fund Scheme, 1952, Employees Deposit Linked Insurance Scheme, 1976." ;