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2023 Supreme(SC) 1037

HIMA KOHLI, RAJESH BINDAL
Mathosri Manikbai Kothari College Of Visual – Appellant
Versus
Assistant Provident Fund Commissioner – Respondent


Advocates appeared:
For the Appellant(s) : Mr. V. N. Raghupathy, AOR
For the Respondent(s): Mr. Nachiketa Joshi, AOR

JUDGMENT :

(Rajesh Bindal, J.)

1. The order dated 30.09.2011, passed by the Division Bench of the Gulbarga Bench of the Karnataka High Court in a Writ Appeal1[Writ Appeal No. 10133 of 2011]. has been impugned by the appellant before this Court. Vide aforesaid order, the Division Bench has upheld the order dated 10.06.2011, passed by the learned Single Judge in Writ Petition2[Writ Petition No. 80995 of 2011]. The Single Judge upheld the order3 [In ATA No.03/06/2006], passed by the Tribunal4[Employee Provident Fund Appellate Tribunal], dated 24.12.2010 and also upheld the application of EPF Act5[The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952], to the appellant’s institution.

2. Briefly the facts, available on record, are that the Ideal Fine Arts Society6[For short, ‘Society], runs two institutions, namely, the ‘Ideal Institute of Fine Arts’7[For short, ‘Ideal Institute’] and ‘Mathosri Manikbai Kothari College of Visual Arts’8[For short, ‘Arts College’]. Both, the Ideal Institute as well as the Arts College are being run in the same campus. The Ideal Institute was set up way back in the year 1965, offering Diploma Course in drawing and painting, whereas the Arts C


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