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2022 Supreme(Bom) 402

BHARATI H.DANGRE
Jijamata Public School Dnyaneshwarnagar – Appellant
Versus
Employees Provident Funds Organization, through the Regional Provident Funds Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. V. N. Upadhye, Advocate
For the Respondent:Mr. N. K. Chaudhari, Advocate

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. The two petitioners are the public schools run by a public trust established in the year 2003 and has engaged itself into the activity of imparting education. The petitioners initially did not succumb themselves to the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as “the Act, 1952”), however, pursuant to the Ministry of Labour and Employment issuing a scheme in the form of a special provision in respect of employees’ Enrollment Campaign, 2017 in exercise of the powers conferred by Section 5 read with sub-section 1 of Section 7 of the Act, 1952 by which the existing Employees’ Provident Funds Scheme, 1952 came to be amended, the petitioners offered voluntarily to cover it’s employees under the provisions of the Act through ORLE portal of the Department under Section 2-A of the Act, 1952. The petitioners on their own submitted their willingness to fulfill the requirements of the scheme and accordingly remitted the contributions in terms of the scheme, somewhere in July-2018 and they were allotted separate code for remittan

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