ORDER :

Meenakshi Madan Rai, J.

1. The Petitioner being a Statutory Body established under the Sikkim Municipalities Act, 2007, claims that the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, (for short the “EPF & MP Act, 1952”) is not applicable in the State of Sikkim as it was not enforced in compliance to the provisions of Article 371F of the Constitution of India. It is also the Petitioner’s case that the provisions of the EPF & MP Act, 1952, is not applicable to the Petitioner Corporation. In this circumstance, the impugned Order, dated 05.07.2019, passed by the Respondents is illegal and void, hence the prayers in the Petition which inter alia are as follows;

(a) to hold that the provisions of the Central Act are not applicable to the Petitioner; and

(b) to hold that the provisions of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 is not applicable to the Petitioner Corporation; and

(c) to hold that the Petitioner is not the principal employer of the Municipal wards Association/Committee/Samaj which is a non-profit making NGO as decided by the Respondents; and

(d) to issue an appropriate writ in the nature of mandamus or a