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A. R. LAKSHMANAN, TARUN CHATTERJEE
Regional Provident Fund Commissioner – Appellant
Versus
Sanatan Dharam Girls Secondary School – Respondent
JUDGMENT
Dr. AR. Lakshmanan, J.—In the present matter, the appellant is the Regional Provident Fund Commissioner (RPFC) and the respondents are Sanathan Dharam Girls Secondary School, a Non-Governmental Educational Institution and the State of Rajasthan among others.
2. Brief facts in the matter are as follows:
The Employees Provident Fund and Misc. Provisions Act (in short ‘the EPF Act’) came into force in 1952. In 1982, vide Gazette notification by the Government, Educational Institutions were added in the Schedule of the Act under section 1(3). The schedule reads thus:
“(i)any University;
(ii)any college whether or not affiliated to a University
(iii)any school, whether or not recognized or Aided by the Central or State Government
(iv)any scientific institution
(v)any institution in which research in respect of any matter is carried on.
(vi)any other institution in which the activity of imparting knowledge or training is systematically carried on.”
Further in 1988, clause (b) of section 16(1) of the EPF Act, 1952 was substituted by new clauses (b) (c) and (d). The amended provisions read as under:
“16(1)(b): to any other establishment belonging to or under the control of the Central G
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