WPMS No. 309 of 2004 Hon’ble B.S.Verma,J Mr. Rakesh Thapliyal, Advocate for petitioner. Ms. Joice Irwin, Advocate holding brief of Mr. D.S. Patni, counsel for respondent. This is delay condonation application No. 4382 of 2011, for condoning the delay in filing review application. Heard and perused the affidavit accompanying the application. The ground shown in the affidavit is sufficient to condone the delay. The application is allowed. Delay is condoned. Also, heard on review application No. 288 of 2011, moved on behalf of the petitioner on the ground that the Employees Provident Funds and Miscellaneous Act, 1952, is not applicable to the petitioner institution. Having heard learned counsel for the petitioner this Court is of the view that the question regarding applicability of the Act has to be decided on the basis of the strength of the workmen in the establishment. The strength of staff working in the establishment is a question of fact, which can be verified at the time of appeal on the basis of evidence adduced by the parties. Therefore, in the facts and circumstances, the review application is rejected. The question as to whether the Act is applicable or not may be raised at the time of filing of appeal. However, it is provided that the petitioner may avail the remedy of filing appeal before tribunal concerned within 30 days from today. Protection of interim order shall continue till the filing of the appeal. (B.S. Verma, J) S 05-05-2011