M/S Grand Windsor Resorts Ltd. v. Employees Provident Fund Organization And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-78-2021 (O&M) Date of Decision : December 04, 2025 M/S GRAND WINDSOR RESORTS LTD.

-PETITIONER V/S EMPLOYEES PROVIDENT FUND ORGANIZATION AND ORS. -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Vivek Salathia, Advocate for the petitioner.

Mr. Rajesh Hooda, Advocate for the respondents No.1 and 2.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition filed under Articles 226/227 of the Constitution of India, a challenge is thrown to the final order dated 07.12.2020 (Annexure P-9) passed by the Central Government Industrial Tribunal-I, Chandigarh. The petitioner further seeks setting aside of order dated 25.08.2014 (Annexure P-7), passed by respondent no.2. 2.

Learned counsel for the petitioner, while placing reliance upon a judgment passed by Karnataka High Court in "Stone Hill Education Foundation vs. The Union of India and others" (Law Finder Doc. Id # 2572982), submits that the instructions/provisions of the Employees Provident Fund Scheme and that of Employees Pension Scheme itself, which are the basis of passing the impugned orders, have now been struck down.

3.

Learned counsel for respondents No. 1 and 2 fairly submits DEVINDER YADAV 2025.12.09 16:25 I attest to the accuracy and authenticity of this order/judgment

CWP-78-2021 (O&M) that although para 83 of the Employees Provident Fund Scheme has been struck down and, therefore, the impugned orders fail to withstand judicial scrutiny, the department has preferred an LPA against the judgment (supra).

4.

In view of the above fair submission made by learned counsel for respondents no.1 and 2, the impugned orders (supra) are hereby set aside.

5.

Consequently, the instant petition stands allowed. 6.

Pending application(s) also stand disposed of accordingly. (KULDEEP TIWARI) December 04, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.12.09 16:25 I attest to the accuracy and authenticity of this order/judgment