RITU BAHRI
V. K. Yadav – Appellant
Versus
Employees' Providence Fund Appellate Tribunal – Respondent
RITU BAHRI, J.
1. On 3.8.2006 a complaint regarding the non implementation of the E.P.F. Scheme by respondent No. 3-Hari Singh Public School, Rewari, was filed before respondent No 2. After verifying the facts, P.F. code was allotted to the establishment with effect from 1.1.2006. The petitioner submitted a complaint on 13.10.2006 that there were 22 to 26 employees since July 2000 in the establishment and the school was covered under the Act from July 2000 instead of 1.1.2006. Vide order dated 26.S.2009 (Annexure P1) it was held that the school would be covered under the provisions of the Act with effect from 1.5.1999. The school-respondent No. 3 filed an appeal against this order. The petitioner was not impleaded as party in the said appeal and his application dated 14.11.2009 (Annexure P3) for impleading as party has been rejected vide order dated 1.6.2010 (Annexure P5).
2. Counsel for the petitioner has referred to the judgment of the Supreme Court in Fertilizers and Chemicals Travancore Ltd. vs. Regional Director, ESIC and Others, (2009) 9 SCC 485 and judgment of Bombay High Court in Mandovi Pellets Ltd. vs. Regional Provident Fund Commissioner for Goa and Another, (199
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