SARASWATI SHISHU MANDIR Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THIS is a civil revision and has been directed against the order dated 6.8.1999 passed by the learned Additional District Judge, Faridabad, who reversed the order dated 4.1.1999 passed by the learned Civil Judge, Junior Division, Faridabad, who allowed the application filed by the plaintiff-petitioner under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure and respondent No. 1 was restrained from recovering Rs. 6,06,653/- from the plaintiff-petitioner and also for the 1982 to 1989 and 1992 to 1996 on account of contribution of the provident fund with the observations that the respondent-defendant can recover the said amount from the respondent-defendant No. 2 i.e. the District Education Officer, Faridabad, as per provisions of law.

(2.) SOME facts can be noticed in the following manner :- Plaintiff-petitioner filed a suit for permanent injunction praying that defendant No. 1 i.e. the Regional Provident Fund Commissioner be restrained from recovering a sum of Rs. 6,06,653/- demanded by defendant No. 1 from the plaintiff-petitioner towards the contribution of the provident fund and the case set up by the plaintiff-petitioner was that this institution is governed by the provisions of the Haryana Aided Schools (Security of Services) Act, 1971. It was also the case of the plaintiff-petitioner before the trial court that this institution has already paid the amount to the State Government and that the Provident Fund Commissioner can realise the amount from the state Government.

(3.) THE learned trial court allowed the application for the reasons given in paras 8 and 9 of the order dated 4.1.1999. However, that order was reversed by the first appellate Court merely for the reasons given in paras 11 and 12 of the impugned order dated 6.8.1999. -