PRESIDENCY HIGH SCHOOL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ petition questions Section 7-A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, (for brevity, hereinafter referred to as "Provident Fund Act") as also to declare the proceedings dated February 21, 2000 issued by the third respondent as illegal and violative of Articles 14,19,21 and 300-A of the Constitution of India.

(2.) The petitioner herein is an educational Institution. According to the petitioner, it has been established in terms of Section 2(18) of the A.P. Education Act having been recognised in terms of Section 21 thereof and that the provisions of the Provident Fund Act are not applicable to the petitioner Institution. Before adverting to the question involved in this application, the factual matrix may be noticed.

(3.) The Assistant Provident Fund Commissioner by an order dated February 14, 1992 directed to pay the arrears of provident fund amounts for the period from July 1,1990 to September 30, 1991. Another order dated April 4,1993 was passed demanding the dues for the period from October 1,1991 to January 31, 1993. Yet again similar order dated November 4, 1993, August 2, 1994, October 10, 1994 were passed for the periods from February 1, 1993 to September 30, 1993, October 1, 1993 to March 31, 1994, April 1, 1994 to March 31, 1995 (sic) respectively. Being aggrieved and dissatisfied with the said orders, the petitioners herein filed a writ petition before this Court which was marked as Writ Petition No. 13111 of 1993. A learned Judge of this Court by an order dated December 13, 1994 directed the petitioner to approach the competent authority under Section 7-A of the Provident Fund Act.