MISHRA R P Vs. R P F COMMISSIONER

JUDGEMENT

(1.) This petition is on behalf of five petitioners, two of whom are individuals who do not represent the institution. The petitioner No. 1 has styled himself as Principal, Tilak Rashtriya Secondary School, Kami. Petitioner No. 2 had described himself as Principal Sindhi Higher Secondary School, Kami. Petitioner No. 3, is Tilak Rashtriya Secondary School. Petitioner No. 4 is Sindhi Higher Secondary School, Kami and petitioner No. 5 is Digambar Jain Shiksha Sanstha, Kami. It may be noted that the petition on behalf of the school is not maintainable. School is neither a legal person nor a juristic person nor a person conferred with a status. It is not a society registered under the Society- Registration Adhiniyam, 1973. However, since the petition is of 1992, I am not inclined to dismiss the petition on this ground.

(2.) By means of this petition, a prayer is made for quashing the orders of the respondent - Regional Provident Fund Commissioner, Jabalpur (Annexures - A, A-1 and A-2) and similar orders to all the institutions purporting to enforce recovery from the non-Governmental educational institutions by applying the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and schemes thereunder.

(3.) Heard the learned counsel for the petitioners and the learned counsel for the respondents.