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2018 Supreme(P&H) 4785

RAJIV NARAIN RAINA
Dav Senior Secondary School (lahore) – Appellant
Versus
Employees Provident Fund Appellate Tribunal And Others – Respondent


Advocates Appeared:
Rajiv Atma Ram, Senior Advocate with Mr. Sube Sharma, Advocate and Mr. Jaitej Mittal, Advocate, for the Appellant; Mr. Rajesh Hooda, Advocate, for the Respondent Nos. 2 and 3; Mr. Ankur Malik, Advocate, for the Respondent No. 4; Ms. Deepali Puri, Advocate, for the Respondent No. 6

JUDGMENT

Rajiv Narain Raina, J. - The DAV Senior Secondary School (Lahore) Sector-8, Chandigarh has approached this Court under Article 226 of the Constitution seeking a writ of certiorari quashing orders dated November 24, 2006 passed by the Assistant Provident Fund Commissioner, the order dated August 26, 2009 dismissing the review application filed by the petitioner-Establishment (henceforth "establishment") and the further order passed by the Employees' Provident Fund Appellate Tribunal, New Delhi dated February 07, 2011 dismissing the appeal.

2. The dispute in this case relates only to non-teaching staff of the establishment which comprise a total of 16 employees. The establishment receives 95% grant-in-aid since 1967 from the Chandigarh Administration. It is controlled by the DAV College Managing Committee, New Delhi under the aegis of DAV College Trust and Management Societies. The Trust is exempted under Section 17 (1) (a) of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 ("1952 Act"). Are these 16 nonteaching employees covered by the 1952, Act is the question to be answered.

3. The establishment asserts that it is under the control of the State Governmen

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