Smt. ROSHAN DALVI, J.:- Rule.

Returnable forthwith. The Respondents' affidavits in reply are filed.

2. The Petitioners are the Trade Union consisting of the employees of Konkan Railway Corporation Limited (KR). They have filed this Petition against the KR and Regional. Provident Fund Commissioner II (PFC) under the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (PFA).

3. The Petitioners have prayed for declaration that the KR employees and the KR are not covered by PFA and consequently certain amounts transferred to the PFC under the PFA are sought to be declared illegal. The Petitioners have prayed to get a refund of the amounts so transferred along with interest at 18% p.a thereon. The Petitioners have also applied for the writ of mandamus calling upon KR to maintain the provident fund amounts of its employees in the Provident Fund Trust managed by KR.

4. Pursuant to an agreement dated 19.06.1990 KR came to be incorporated. The said agreement has been executed by and between the Government of India represented by the President of India, i.e., the Central Government (CG) and the Governments of the States of Maharashtra, Goa, Karnataka and Kerala represented by