JUDGMENT :

S.N. Prasad, J.

This writ petition is against the order passed by the EPF Appellate Tribunal, New Delhi dated 24.2.2010 in A.T.A.No.418(10)2006 by which the appeal preferred by the petitioner has been dismissed.

2. Facts of the case as has been pleaded by the petitioner in the writ petition is that Head Works Division, Rengali Irrigation Project, Samal, Angul comes under the controller of the Chief Engineer and Basin Manager, which is a division under the Water Resources Department, Government of Orissa having permanent regular employees, temporary regular employees as well as work charged employees besides NMR/Casual employees. NMR employees are employed by the petitioner establishment according to the workload of the Division.

In order to regulate the service condition of the work charged employees rules have been framed but no rule has been framed governing service condition of NMR employees. A notice under section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 has been issued by the Regional Fund Commissioner, Bhubaneswar (hereinafter referred to as “the Act, 1952”) directing the petitioner-establishment to show cause as to why legal action sho