NEW STAR ENGLISH SCHOOL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order dated 31.03.2010 passed by the first respondent confirming the order dated 15.01.2002 passed by the second respondent.

(2.) THE petitioner runs an unaided school under the name and style of "New Star English School". THE petitioner did not remit contribution for the staff towards provident fund under the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (in short "the Act"). THE authorities of the Provident Fund Department initiated the proceedings for recovery of contribution from July 1986. THE authorities assessed the payment of Provident Fund at Rs.58,412/- for the period from July 1986 to February 1995 in the order dated 18.07.1995.

(3.) THE learned counsel for the petitioner submits that the authorities are not correct in holding that the school employed more than 20 staff. THE learned counsel for the petitioner further submits that only on some occasions, there were more than 20 staff. In fact, the learned counsel has brought to the notice of this Court Ground 'O' in the affidavit, wherein the petitioner admits that on certain occasions, they employed more than 20 staff. Further, the learned counsel submits that the teachers are employed mostly on temporary basis and that therefore, the Act could not be applied to them.