P.K.Ray, J. - (1.) In this writ application, the writ petitioner Central Model School, Barrackpore represented by Sri Tamal Maitra, Assistant Manager has challenged Notices dated 7th March, 1995 and 27th July, 1995 issued by Regional Provident Fund Commissioner, West Bengal and Proceeding of 124 Criminal Cases as pending before the Sub-Divisional judicial Magistrate, Barrackpore on issue of non-payment of Provident Fund amount of the teachers and non-teaching staff, on several grounds and thereby prayed for necessary order quashing those criminal cases, the notice dated 7th March, 1995 whereby this school was allotted a sub-code and the notice whereby for non-payment of arrears dues of Provident Fund money by notice dated 27th July, 1995, direction was given for prosecution, on contending inter alia, that since the period from year 1990 to 1993, the number of employees in the school were below 20, there was no applicability of the said Act and further on the ground that the writ petitioner was not heard at all regarding issue of applicability of Act in respect of the School as well as the determination of amount in the proceeding under section 7A of the Act. The petitioner has prayed the following reliefs accordingly:- (i) A writ in the nature of Mandamus directing the Respondents to quash the purported Notice dated 7.3.95 (annexure "A") and the purported Notice dated 27th July, 1995 (annexure B) and the Notice dated 19.2.99 (annexure E). (ii) A writ in the nature of Mandamus directing thereby the respondents to get for calculation of the Provident Fund dues of the employees of the petitioner Institution since the year 1994 onwards by way of relinquishing the unlawful claim for the year 1990, 1991, 1992 and 1993, as for said period the petitioner Instiution never reached the numeric strength of the employees for coverage of the Employees Provident Fund And Misllaneous Provisions Act, 1952 and specially under section 1(3) of the Act and to determine the actual arrears/dues towards Provident Fund accumulation after due adjustment of the payment already made by the petitioner Institution. (iii) A writ in the nature mandamus for quashing all the 124 Criminal cases as referred to in the Cause Title against the petitioner pending before the Sub-Judicial Magistrate Barrackpore. (iv) An appropriate order be passed giving liberty thereby to the petitioner to effect payment of the arrears/dues towards the Provident Fund accumulation, if any, after due determination thereby by the respondents, by easy monthly instalments at the rate of Rs. 5,000/- per month. (v) A writ in the nature of Prohibition restraining the respondents from going ahead with any recovery proceeding against the petitioner in view of the purported demands as set forth in the Notice dated 19.3.99 (annexure E). (vi) An appropriate order be passed to stay all the 124 Criminal cases as referred to in the Cause Title and still pending before the Sub-Judicial Magistrate, Barrackpore against the petitioner. (vii) A writ in the nature of Mandamus directing the Respondent to treat the petitioner Institution as an independent institution and not being an unit of Kalayani Central Model School, Nadia Under section 2A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. (viii) A writ in the nature of Certiorari commanding the Respondents to certify and transmit all the relevant papers and documents relating to the instant writ petition to this Hon'ble Court within certain stipulated period as would be deemed fit by this Hon'ble Court for rendering effectual justice to the parties to the writ petition. (ix) Ad-interim order in terms of prayers (iv), (v) (vi). (x) Any other relief or reliefs, order or orders the petitioner is entitle to in law and in equity.
(2.) This writ application has been opposed by filing Affidavit-in-Opposition by respondent No. 1,2 and 3 namely Regional Provident Fund Commissioner, West Bengal, Assistant Provident Fund Commissioner, Barrackpore, Local Office, District, North 24-parganas and Recovery Office, Employees Provident Fund Organisation, West Bengal contending inter alia, that the present school being a branch of Kalyani Central Model School under Angel Education Society and being a branch unit of the Mother Organization as admitted by the school authority, there was no necessity of any adjudication under Employees Provident Fund and Misc. Provisions Act, 1952 hereinafter refer to as said Act and there was no dispute raised about applicability of the said Act but on the other hand the admitted dues were agreed to be paid by school authority and some amount out of such claim has already been deposited, there is no cause of action to file the writ petition. By the opposition it is further contended that to wriggle out from the criminal proceedings, this writ application has been filed and writ Court will be slow to interfere with such criminal proceeding. It is further contended by the respondents that there was no violation of principle of natural justice in adjudicating the matter namely determination of the amount under a proceeding under section 7A of the said Act. It is further contended that there is delay and latches in filling the writ application and without availing the statutory remedy under law namely the appeal, the writ application has filed only to wriggle out from the criminal proceeding. The writ petitioner has filed the Affidavit-in-Reply reiterating the contention as made in the writ application and more particularly by submitting that up to the year 1993, the school had no liability to pay the Provident Fund money under the said Act as numerical strength of staff of the said school was below 20. It is contended that there was no finding that the school is a branch of Kalyani Central Model School and accordingly determination as made under section 7A of the said Act is bad in law. It is further contended that the notice to comply with the provision of the Act directing to pay amount, when was given in the month of July 1995, but determination of quantum of the amount has been made long back in the year 1998, which is not legally sustainable. For adjudication of the matter by earlier order, the Court directed production of the records by the respondents and also granted them leave to file Supplementary affidavit annexing the relevant documents on issue of such proceeding under the Act. Supplementary Affidavit has been filed by the respondents annexing the documents and the petitioner was allowed to inspect the records and to submit from the records.
(3.) Hence, for adjudicating this matter, whether there was any violation of principle of natural justice on the issue namely applicability of the Act and fixation of the quantum of the arrear amount, the matter to be dealt with from the records of this case as produced as well as from the documents as annexed in the writ application, the opposition and reply of the parties. The documents of this case has been scanned by this Court and the following facts has been revealed.;