Allowed¶21

M/S Grand Windsor Resorts Ltd. v. Employees Provident Fund Organization and Ors.

Punjab & Haryana HC4 Dec 2025CWP/78/2021

Case brief

AI extract

What is this about?

Grand Windsor Resorts Ltd. v. Employees Provident Fund Organization; CWP-78-2021 (O&M); Punjab and Haryana High Court; Kuldeep Tiwari, J.; Articles 226/227 Constitution of India; para 83 Employees Provident Fund Scheme struck down; Employees Pension Scheme; Stone Hill Education Foundation vs. Union of India (Karnataka HC, Law Finder Doc. Id # 2572982); LPA pending by department; Central Government Industrial Tribunal-I Chandigarh order 07.12.2020 (Annexure P-9) set aside; respondent no.2 order 25.08.2014 (Annexure P-7) set aside; petition allowed; pending applications disposed.

What did the court decide?

Impugned orders dated 07.12.2020 (Annexure P-9, CGIT-I Chandigarh) and dated 25.08.2014 (Annexure P-7, respondent no.2) set aside; petition allowed; pending applications disposed of accordingly. ¶21

M/S Grand Windsor Resorts Ltd. Vs… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Impugned orders dated 07.12.2020 (Annexure P-9, CGIT-I Chandigarh) and dated 25.08.2014 (Annexure P-7, respondent no.2) set aside; petition allowed; pending applications disposed of accordingly.

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Issue for consideration

Whether the final order dated 07.12.2020 (Annexure P-9) passed by the Central Government Industrial Tribunal-I, Chandigarh, founded on the Employees Provident Fund Scheme / Employees Pension Scheme provisions, can withstand judicial scrutiny when para 83 of the EPF Scheme has been struck down. +1 more

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Ratio / Principle

In view of the fair submission of learned counsel for respondents no.1 and 2 that para 83 of the Employees Provident Fund Scheme has been struck down and the impugned orders therefore fail to withstand judicial scrutiny, the impugned orders are set aside.

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Key takeaways

Consequent upon setting aside of the impugned orders, the instant petition stands allowed.ratio¶21
Pending application(s) stand disposed of accordingly, as part of the final disposal of the petition.ratio¶22

Detailed headnote1 paragraphs

Oral order of Kuldeep Tiwari, J., High Court of Punjab and Haryana at Chandigarh (CWP-78-2021 (O&M), decided 04.12.2025): writ petition under Articles 226/227 of the Constitution of India by M/S Grand Windsor Resorts Ltd. challenging the final order dated 07.12.2020 (Annexure P-9) of the Central Government Industrial Tribunal-I, Chandigarh, and seeking setting aside of the order dated 25.08.2014 (Annexure P-7) of respondent no.2, both resting on the Employees Provident Fund Scheme and Employees Pension Scheme. Relying on the Karnataka High Court decision in Stone Hill Education Foundation vs. The Union of India and others (Law Finder Doc. Id # 2572982), whereby para 83 of the EPF Scheme stands struck down (against which the department has preferred an LPA), and on the fair concession of counsel for respondents No.1 and 2 that the impugned orders cannot withstand judicial scrutiny, the Court set aside the impugned orders, allowed the petition, and disposed of pending applications accordingly.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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252 CWP-78-2021 (O&M) Date of Decision : December 04, 2025

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M/S GRAND WINDSOR RESORTS LTD.

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-PETITIONER

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V/S

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EMPLOYEES PROVIDENT FUND ORGANIZATION AND ORS.

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-RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present: Mr. Vivek Salathia, Advocate for the petitioner.

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

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KULDEEP TIWARI, J. (ORAL)

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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.

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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.

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Learned counsel for respondents No. 1 and 2 fairly submits

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DEVINDER YADAV 2025.12.09 16:25 I attest to the accuracy and authenticity of this order/judgment

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CWP-78-2021 (O&M)

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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).

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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 .

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Consequently, the instant petition stands allowed .

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Pending application(s) also stand disposed of accordingly.

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December	04, 2025	(KU	LDEEP TIWARI) JUDGE
devinder
	Whether speaking/reasoned	:	Yes/No
	Whether Reportable	:	Yes/No

¶24

DEVINDER YADAV 2025.12.09 16:25 I attest to the accuracy and authenticity of this order/judgment

M/S Grand Windsor Resorts Ltd. v. Employees Provident Fund Organization and Ors.

Case brief

What is this about?

What did the court decide?

M/S Grand Windsor Resorts Ltd. v. Employees Provident Fund Organization and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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