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2017 Supreme(SC) 230

DIPAK MISRA, A.M.KHANWILKAR, MOHAN M.SHANTANAGOUDAR
Yeshwant Gramin Shikshan Sanstha – Appellant
Versus
Assistant Provident Fund Commissioner – Respondent


Advocates Appeared:
For the Appellant :- Ms. Anagha S. Desai, Adv.
For the Respondents:- Kunal A. Cheema, Yogesh K. Ahirrao, Nishant Ramakantrao Katneshwarkar, P. Soma Sundaram, Advs.

JUDGMENT

A.M. Khanwilkar, J.

The present civil appeal arises from the judgment and final order passed by the High Court of Judicature at Bombay, Nagpur Bench dated 17th January, 2012 in Writ Petition No. 4013 of 2011. The High Court has dismissed the aforesaid writ petition filed by the appellant, which had assailed the order of the Employees Provident Fund Appellate Tribunal (for short `Tribunal') dated 8th April, 2011 whereby it was held that the appellant is deemed to have defaulted in depositing the provident fund contributions of 16 (sixteen) of its part-time employees.

2. Before dealing with the legal submissions and issues, it would be apposite to set out the factual matrix leading to the filing of the present appeal:

a) The appellant is a registered society under the Societies Registration Act, 1860 and Bombay Public Trusts Act, 1950 and runs 29 (twenty nine) schools and junior colleges in the Wardha District, Nagpur. Out of which, 28 (twenty eight) schools and colleges purportedly received 100% grant-in aid from the State Government.

b) Between 1996 and 1997, due to administrative exigency 16 part-time librarians were appointed to some of the appellant's colleges, with the perm






















































































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