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2006 DIGILAW 1957 (RAJ)

Rajasthan Adult Education Association v. The Regional Fund Commissioner, Jaipur.

2006-05-31

K.S.RATHORE

body2006
Judgment K.S. Rathore, J.-The controversy in the present writ petition is that whether the petitioner association is covered under the provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952 (for short, the Act of 1952) or not. 2. As per Section (1) (3) (b) of the Act of 1952, the Entry No. 46 was inserted w.e.f. 19.02.1982 . Clause (v) of Entry No. 46 provides-"Any institution in which research in respect of any matter is carried on. And Entry No. (vi) provides- "Any other institution in which the activity of imparting knowledge or training is systematically carried on is covered under the Act of 1952" 3. And thus the petitioner establishment was inspected by the Enforcement Officer on 16.08.1989 and 29.09.1989 and the date of set up of the petitioner establishment was 25.08.1973 and number of employees were more than 20 in the month of September, 1985. Therefore, the liability of the establishment of the petitioner is determined for the period September 1985 to October 1990 and thus the order dated 17.05.1997 was rightly passed to deposit Rs. 40,311/-. The petitioner is not able to show as to how the establishment is not covered under the provisions of the Act of 1952 on the ground that the petitioner establishment has not been defined under the Act. 4. The petitioner mainly emphasized on the objectives of the society like- (1) Creating environment of propagation of adult and continuing education. (2) Collaborating and networking with GOs, NGOs and other donar organizations. (3) Supporting and mobilizing the programme of women-literacy and their empowerment. (4) Extending co-operation and support to the different agencies, engaged in adult education such as NGOs. (5) Universities, Colleges, Schools, Libraries and other professional organizations. (6) Working as a forum for interaction for persons in adult and continuing education. (7) Conducting training for people involved in adult literacy. (8) Developing and publishing literacy primers, training manuals and promotional materials. (9) Conducting research and evaluation work related to adult education. (10) Producing post literacy materials with special reference to women empowerment, environment preservation, population education, communal harmony and national integration. 5. (7) Conducting training for people involved in adult literacy. (8) Developing and publishing literacy primers, training manuals and promotional materials. (9) Conducting research and evaluation work related to adult education. (10) Producing post literacy materials with special reference to women empowerment, environment preservation, population education, communal harmony and national integration. 5. Having considered the objectives of the society and the provisions of the Act, the case of the petitioner fall within the category of Entry No. 46 as the petitioner Association conducting research work as per Objective No. 9 and in my considered view the petitioner establishment is covered by the provisions of the Act of 1952 and the order impugned dated 17.05.1996 is rightly issued by the respondent for recovery of Rs. 44,763. 6. In view of the aforesaid observation, there is no merit in this writ petition. Consequently, the writ petition fails and is hereby dismissed.