IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.19571 of 2000 Between: The Regional Provident Fund Commissioner, Guntur. ..... PETITIONER AND 1 Employees Provident Fund Appellate Tribunal, 7th Floor, Sklyark Building, No.60, Nehru Place, New Delhi - 19 2 Adarsh College of Education, Giddaluru, Prakasam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue writ, order or direction especially in the nature of writ of Certiorari calling for the records relating to the order dt. 7.2.2000 in Appeal No.ATA- 1(43)1999 on the ﬁle of the 1st respondent herein and quash the same as illegal and unjust and in consequence direct the 2nd respondent herein to implement the order dt. 1.12.1989 passed by the petitioner herein under section 7-A of the Act. Counsel for the Petitioner:MR.R.N.REDDY Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.19571 of 2000 ORDER: Heard the learned counsel appearing for the petitioner. Petitioner questions the order of the 1st respondent, dated 07-02-2000. The 2nd respondent college was set up in the year 1984 and the same was closed in the year 1985, as the State Government revoked permission in July, 1985. The college was again started from September, 1987, pursuant to the order of the Supreme Court. The petitioner herein passed the order, dated 05-04-1999, with regard to the liability of the 2nd respondent for contribution of the funds from 01-12-1989 to 31-12-1990 granting two years infancy period under Section 16(1)(d) of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short “the Act”), as the academic years 1985-86 and 1986-87 remained non- functional and the infancy period will be commenced from December, 1987. Aggrieved by the said order, the 2nd respondent ﬁled an appeal before the appellate Tribunal and the appellate Tribunal partly allowed the appeal by the impugned order, dated 07-02-2000, holding that the 2nd respondent is entitled for infancy beneﬁt from the date of second start of the educational institution i.e., from 01-01-1991. When the college has been started for the academic year 1984-85, as per Section 16(1)(d) of the Act, three years infancy period has to be given from 01-06-1984 to 01-06-1987. Admittedly, the College was not started by 01-06-1987 and it started with eﬀect from September 1987 alone. If that be so, the appellate authority in the impugned order held that closure of the college was not on the temporary basis from July 1985 to end of September, 1987, but due to cancellation of the permission, the college was permanently closed, but only, pursuant to the order of the Supreme Court, the college has been re-started from September, 1987. Accordingly, the appellate court held that infancy period has to be taken from the 2nd fresh start of the college alone but not from the earlier period when permission itself was permanently revoked and the college was kept closed. I am of the opinion that when the petitioner himself has extended the infancy period from three years to ﬁve years, it cannot be said that the College was functioning and that the college was liable to contribute the Provident Fund amount. Having regard to the facts and circumstances of the case, I am of the opinion that the Tribunal has rightly taken into account re-start period of the college and after granting the infancy period, it rightly held that the scheme will come into eﬀect from 01-01-1991 alone. In view of the aforesaid facts and circumstances of the case, I do not ﬁnd any inﬁrmity legal or otherwise in the impugned order and, therefore, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 27-08-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{ANURADHA} The petitioner herein passed an order, dated 05-04-1999, with regard to the liability of the 2nd respondent for contribution of the funds from 01-12-1989 granting three years infancy period under Section 16(1)(d) of the Act, from the date of establishment of the 2nd respondent new College and also excluded two years closure period and made applicable the provisions of the Act, which will come into force with effect from 01-12-1989.