- (1.) This appeal is preferred against a judgment dated August 7, 2009 passed in the writ petition bearing W.P. No. 20734 (W) of 2005.
(2.) By virtue of the impugned judgment, the writ petition filed by the respondent School was allowed. The orders impugned to the writ petition passed under Sections 7A and 7B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act of 1952') were set aside with the direction that the amount, if any, deposited by the institution in the statutory fund maintained by the Provident Fund Organization should be transferred with all accumulated amount to the Treasury of the State Government within a fortnight from the date of communication of the above order.
(3.) It is submitted by Mr. Shiv Chandra Prasad, learned Advocate appearing on behalf of the appellants that the findings of the learned single Judge were based on erroneous observations. According to him, the respondent School was not getting the benefit of grants-inaid from the State Government though there was material on record before the learned single Judge to show that the deposit had been made with the State Government towards the provident fund contribution of its employees on two occasions and there was no further document for arriving at a conclusion that the respondent School had been enjoying the benefit of grants-in-aid scheme.;