- (1.) Heard learned counsel for the petitioner and Sri A.N. Shukla, learned counsel for the Assistant Provident Fund Commissioner.
(2.) This petition impugns an order passed by the Competent Authority under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. The case setforth by the petitioner herein was that the school which had been established was becoming unprofitable and therefore, it was decided to be closed down. Despite that decision of the petitioner-Management, it is stated that the school building was taken over and continued to be administered by the Principal and other employees. This, according to the petitioner constrained them to prefer a suit for injunction before the Civil Judge, Aligarh. In that suit, on 25 July 1995, an interim injunction was granted providing that the defendants there shall stand restrained from entering the closed school. The teacher and staffs thereafter preferred a revision before this Court, in which an interim order was made restraining the petitioner herein from interfering with the work of the Principal. It becomes pertinent to note that although in their response to the communication of the Additional Provident Fund Commissioner, it was stated that the school had been closed from 01 July 1995 and the permanent recognition surrendered, no such communication has been brought on the record nor has any permission or acknowledgement of the educational authorities of the closure of the educational institution been placed on the record. There is also no material to establish that the petitioner by virtue of being desirous to close the school had terminated the services of the Principal and other staff of the College. In the absence of the petitioner having established a lawful closure of the institution and discharge of the staff who were employed therein, the Court finds no ground to interfere with the order impugned. The petition fails and is hereby dismissed.;