IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WA.No. 568 of 2006(B) -------------------- AGAINST THE JUDGEMENT/ORDER IN OP.2024/1999 Dated 16/12/2005 .................... APPELLANT/ PETITIONER: ------------------------- JOHN DANIEL, DIRECTOR OF ST.JOHN'S CENTRAL SCHOOL, EZHUKONE, KUNDARA, ST.JOH'S RESIDENTIAL SCHOOL, KARUVELIL, KUNDARA AND ST.JOHN'S HIGH SCHOOL, EZHUKONE. BY ADV. SRI.S.EASWARAN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE REGIONAL PROVIDENT FUND COMMISSIONER, BHAVISHYANIDH BHAVAN, P.B.NO.1016, PATTOM, THIRUVANANTHAPURAM. 2. THE EMPLOYEES' PROVIDENT FUND APPELLATE TRIBUNAL, 7TH FLOOR, SKYLARK BUILDING, 60 NEHRU PLACE, NEW DELHI. 3. GRACE KUTTY, D/O. LATE KOSHY MATHUNNI, THADUTHUVILATHEKKETHIL VEEDU, NEDUPAIKKULAM, KUNDARA. ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. FOR R1 SMT.T.N.GIRIJA, SC,EPF ORGANISATION FOR R2 SRI.P.B.SURESH KUMAR FOR R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.568 of 2006 - B =============================== Dated this the 12th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Action was taken to recover amounts from the appellant's establishment under the Provident Fund Act with effect from 31.5.1988. Appellant is a registered society under the Travancore-Cochin Literary, Scientific and Charitable Societies Act, 1955. It was running three schools in the same premises. One is a residential school called St.John's Residential School with CBSE syllabus. The other is St.John's High School with KER syllabus. The third school is under ICSC syllabus. Steps were taken to combine the schools as one establishemnt under the Employees Provident Fund Act. Even though the matter was contended up to the Tribunal level, their contention was not accepted. Three schools were clubbed and contributions were demanded. Counsel for the appellant contends that all the three schools have got different Headmasters. Administration of the schools is done by Headmasters and not by the society and three W.A.No.568 of 2006 - B 2 schools have different accounts and different syllabuses. Rules to be obeyed by the schools are also different. On the contrary, contention of the respondent is that the management was the same even though the accounts are separately maintained. Accounts were also found combined and its managed from the same office. Financial control also rests with the management. Even though three separate syllabuses were there, facility like school bus, boarding, grounds etc. are common. Taking these aspects, there is functional integrality with these three schools. Common non-teaching staff are also employed. They were unaided institutions. The emblem, uniform etc. are also common. Considering all these facts, Tribunal as well as the learned Single Judge found that there is functional integrality and establishment is liable to be covered under the Employees Provident Fund Act. But learned Single Judge directed to deposit contribution only from February, 1991 for valid reasons. Learned counsel for the appellant submits that now even as separate establishment each school is liable to be covered as all these three schools employees may not have 20 staff members. Staff W.A.No.568 of 2006 - B 3 strength of each school as on February, 1991 is also not produced by the appellant. In these circumstances, we see no ground to interfere in the finding of fact entered by the authorities as confirmed by the learned Single Judge. Hence, we dismiss the appeal. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-