- (1.) In this interlocutory application, Respondent No. 4 applicant-Manju Roy Choudhary, concerned employee, has prayed for vacating the interim order dated 18th January, 2010 passed in I.A. No. 3500 of 2009. It has been stated that by the said order, further proceedings of the impugned order passed by the Regional Provident Fund Commissioner has been stayed. It has been stated that the Regional Provident Fund Commissioner after hearing the parties has held that there is master servant relationship between the writ petitioner and the respondent No. 4 applicant and the respondent No. 4 is entitled to get the benefit of the E.P.F. Act, 1952. The writ petitioner employer has been directed to extend member of the Provident Fund to the respondent No. 4 from the date of her joining. The said order has been challenged in the instant writ petition.
(2.) By order dated 18th January, 2010, implementation/execution of the said order has been stayed. The Respondent No. 4 applicant is an old ailing widow, aged about 74 years. She has no source of subsistence and for meeting medical expenses of her treatment.
(3.) Learned Counsel appearing on behalf of the Respondent No. 4 applicant submitted that if the interim order dated 18th January, 2010 is not vacated, the Respondent No. 4 applicant shall not be able to get benefit of the provisions of E.P.F. Act and shall be put to suffer irreparable loss and injury.;