- (1.) The present appeals arises from the judgments and orders of the Madhya Pradesh High Court under which the High Court has upheld the orders of the Regional Provident Fund Commissioner dated 24th of April, 1991 and 16th of July, 1991 directing the employer concerned, being the schools mentioned in the said orders, to deposit the contribution of the employees as well as the employers to the provident fund constituted under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952, for the period 1st August, 1982 to 1st December, 1988. The writ petitions filed by the appellants to challenge these orders have been dismissed by the High Court. The appellants have filed the present appeals in a representative capacity on behalf of the teachers and other employees of various private but aided schools in the State of Madhya Pradesh.
(2.) In the State of Madhya Pradesh, under the Central Provinces and Berar Education Manual, 1928, in Appendix XVIII there was a scheme constituting a provident fund for teachers in non-pensionable service. Under Rule 3 of Appendix XVIII the proportion of contribution to be paid by the teachers was specified, while under Rule 4, contribution by the Government and by the management of the school to the provident fund was also specified. Rule 6 dealt with the management of the contributory provident fund.
(3.) In 1978, the Madhya Pradesh Act 20 of 1978 was promulgated known as the Madhya Pradesh Ashaskiya Sikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978. The preamble of the Act states that it is an Act to make provision for regulating payment of salaries to teachers and other employees of Non-Government Schools receiving grant-in-aid from the State Government and Non-Government Educational Institutions for High Education receiving grants from the Madhya Pradesh Uchcha Shiksha Anudan Ayog and other matters ancillary thereto. The Act was, therefore, basically meant to regulate payment of salaries to the employees of the Institutions covered by that Act.;