C.W.P. No. 431 of 1994 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 431 of 1994 Date of decision: 01.12.2009 P.G.S.D. High School, Hisar ....Petitioner Versus The Regional Provident Fund Commissioner and others ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA Present: - Mr. Jaswant Jain, Advocate, for the petitioner. Mr. Sunil Nehra, AAG, Haryana. Mr. Nilesh Bhandari, Advocate, for Mr. Subhash Goel, Advocate, for respondents No. 1 and 2. ***** VINOD K. SHARMA, J (ORAL) This order shall dispose of Civil Writ Petition No. 431 of 1994 titled P.G.S.D. High School, Hisar Vs. The Regional Provident Fund Commissioner and others, Civil Writ Petition No. 3932 of 1994 titled Food Corporation of India Delhi Road Hisar Vs. The Regional Provident Fund Commissioner and Civil Writ Petition No. 3958 of 1994 titled Ambala District Co-operative Milk Producers Union Limited, Ambala City Vs. The Board of Trustees, Employees Provident Fund Organisation and another, as common questions of law and facts are involved. For brevity sake, facts are being taken from Civil Writ Petition No. 431 of 1994. C.W.P. No. 431 of 1994 -2- The petitioner has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India to challenge the impugned order dated 11.2.1993 issued by the Regional Provident Fund Commissioner, vide which the petitioner was directed to submit the forms for covering the employees, working with the school under the Employees' Provident Fund and Misc. Provisions Act, 1952 (hereinafter referred to as 'the Act'). The petitioner was further directed to deposit employees provident fund share. Thereafter, the petitioner was issued summons to appear in person under Section 7-A of the Act. Finally, the Provident Fund Commissioner finding that the petitioner was in default, an order was passed directing it to deposit a sum of Rs.2,91,716/-. It was also ordered that, in case, of non-deposit, appropriate action will be taken, to recover the amount. Notice, summons and the order calling petitioner to pay the share of provident fund was challenged by the petitioner, on the ground that the institutions like that of petitioner's have been exempted from the provisions of the Act, by way of notification dated 26.8.1987. Therefore, it was said that impugned orders are bad, as the Act is not applicable to the petitioner's institution. It was also the stand taken by the petitioner, that the school is depositing the amount of contributory provident fund (CPF) regularly with the nationalised bank. The respondents at best could have only made a scheme of Group Insurance or Family Pension Scheme. It was asserted that the contribution cannot be claimed for the second time from the petitioner. The action was also challenged on the ground of delay C.W.P. No. 431 of 1994 -3- and laches, on the plea that even though the Act was in force, but it was not implemented qua the petitioner for number of years. Finally, the plea was also raised, that the petitioner is making contribution towards contributory provident fund as per the instructions contained in Haryana Education Code. These writ petitions being squarely covered by the decision of this Court in Civil Writ Petition No. 1621 of 1991 titled K.P.A.K. Mahawidyala, Ambala City Vs. The Regional Provident Fund Commissioner and others, are allowed, the impugned order vide which respondent No. 1 had determined the liability of the petitioners is quashed for want of enquiry under Section 7-A of the Act. The respondents are directed to redetermine the amount after holding proper inquiry regarding the actual amount of money which the petitioners are liable to pay. The petitioners shall be given credit of the amount which has already been deposited in accordance with the instructions issued by the Education Department. During the enquiry it will be open to the petitioners to lead evidence to show that the petitioners were under no liability to pay during the operation of notification dated May 21, 1984 and August 26, 1987. If it is found that petitioners qualify for exemption during the operation of the above notification, the liability for said period shall not be enforced against petitioners. The writ petitions are allowed to extent indicated above. The demand made in each of writ petitions is set aside. The case is remitted to Commissioner for appropriate orders. The Director of Schools/Secondary Education shall transfer the amount of money deposited by respective petitioner in favour of Regional Provident Fund C.W.P. No. 431 of 1994 -4- Commissioner (Haryana), at Faridabad within two months qua the employees who will be covered under the Act. No costs. (Vinod K. Sharma) Judge December 01, 2009 R.S.