Honble CALLA, J.–Out of these 23 appeals, 21 appeals are directed against the common judgment and order dated 16.1.2001 passed by the learned Single Judge in S.B. Civil Writ Petitions Nos. 1085/2000, 1086/2000, 1087/2000, 5440/1999, 5289/1999, 3140/1998, 3132/1994, 5371/1998, 5271/1996, 1521/1997, 4109/2000, 2167/1998, 3899/1998, 3833/1998, 4891/2000, 3755/1997, 2832/1998, 240/2000, 6690/1999, 215/2001 and 216/2001. The rest of the two appeals, i.e., D.B. Civil Special Appeals (Writ) No.337/2001 and 338/2001 are directed against the separate judgment and order dated 16.1.2001 passed in S.B. Civil Writ Petitions No.3890/99 and 106/99 which were dismissed. These two writ petitions had been filed by the Regional Provident Fund Commissioner against the order which has been passed by the Employees Provident Fund Appellate Tribunal, on 18.9.1998. Such order passed by the Employees Provident Fund Appellate Tribunal in the appeals which have been filed by the respective institutions, i.e. respondents in S.B. Civil Writ Petitions Nos.3890/99 and 106/99 and this order as was passed by the Employees Provident Fund Appellate Tribunal was made the subject-matter of challenge in these writ petitions by the Regional Provident Fund Commissioner, but the order was upheld and for the reasons recorded in the common judgment and order dated 16.1.2001 passed in 21 writ petitions, these two writ petitions had also been dismissed.

(2). Whereas, all these 23 appeals involve common questions of law based on identical facts, we propose to decide all these 23 appeals by this common judgment and order as under.

(3). Before we proceed to deal with the grounds on which the judgment and order passed by the learned Single Judge has been assailed before us, we may briefly give the history of the relevant enactments and schemes of the rules under consideration.

(4). On 4.3.1952 the Employees Provident Funds and Misc. Provisions Act, 1952 (for short, ``EPF Act, 1952) came into force, Section 1(3)(a) of the EPF Act, 1952, provides that every establishment employing 20 or more persons in any industry specified in Schedule-1 are covered under the provisions of this Act and Sec.3(1)(b) provides that any other establishment employing 20 or more persons or class of such establishments which the Central Govt. may, by notification in the official gazette, specify in his behalf are covered by the EPF Act 1952.

(5). Vide Gazette notification of Govt. of India dated 19.2.1982, the following Educational Institutions were specified u/Sec.1(3)(b) w.e.f. 6.3.1982:

(i) any University,

(ii) any College whether or not affiliated to a University,

(iii) any School, whether or not recognised 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.

Prior to 1.8.1998, Section 16 of the Central Act i.e. EPF Act, 1952 was as under:

``6. Act not to apply to certain establishments

(1) This Act shall not apply

(a) to any establishment registered under the Co-operative Societies Act, 1912 (2 of 1912) or under any other law for the time being in force in any State relating to Co-operative Societies, employing less that fifty persons and working without the aid of power; or

(b) to any other establishment employing fifty or more persons or twenty or more, but less than fifty persons until the expiry of three years in the case of the former and five years in the case of the latter, from the date on which the establishment is, or has been, set up.

Explanation.–For the removal of doubts, it is hereby declared that an establishment shall not be deemed to be newly set up merely by reason of a change in its location.

(2) If the Central Government is of opinion that having regard to the financial position of any class of establishments or other circumstances of the case, it is necessary or expedient so to do

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