LATHIKA. C. Vs. THE REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THE dispute raised in these two writ petitions is regarding the liability of coverage under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 in respect of an educational institution.

(2.) FROM the facts pleaded in these original petitions, it would appear that a school was initially started by M/s. Sree Narayana Charitable Trust in 1987. The trust deed is Ext.P12 in OP No. 31954/2000. It would appear that the position continued until 1995, when following Ext.P4 in OP No. 31954/2000, the school was entrusted to M/s. Sree Narayana Vidya Bhavan Teachers' Consortium following a decision taken by the committee of the Trust. It is stated that this position continued until 1996, when the management was entrusted to M/s. Sree Narayana Charitable and Educational Society, the Certificate of Registration of which is Ext.P13 in OP No. 31954/2000.

(3.) IT would appear that an original petition was filed before this Court challenging the aforesaid order. That original petition was disposed of relegating the parties to pursue the matter in statutory appeal as provided under the Act before the Employees Provident Fund Appellate Tribunal, New Delhi. Accordingly, appeals were filed and those appeals were rejected by a common order, produced as Ext.P10 in OP No. 31954/2000. Based on Ext.P10, liability was ordered to be discharged and at that stage, these original petitions have been filed challenging the aforesaid orders.