- (1.) Vide impugned order dated 24.04.2012, the learned Single Judge has decided a bunch of writ petitions and in three of these writ petitions the present appeals are preferred by the appellants.
(2.) The issue involved is related to the Contributory Provident Fund, namely, whether it was to be deducted from the basic salary or the total salary payable to the employees who are respondents in these appeals. Admittedly, these respondents have since retired from service. It is not in dispute that precisely this issue had come up for consideration before this Court in Civil Writ Petition No. 8774 of 2004 and Civil Writ Petition No. 76 of 2006. Learned Single Judge of this Court passed a common judgement dated 06.07.2010 in those cases. It was not disputed that the Contributory Provident Fund at the rate of 10 per cent of the salary was to be on the entire salary and not only on the basic pay. The only argument of the educational institution in the said case was that the payment should have been made by the State Government in the first instance and thereafter the employees could be reimbursed by the management. The State of Punjab had made a statement that there was no difficulty in making the payment against the aforesaid benefit, but it is the college which was required to make the payment in the first instance and it could seek reimbursement thereof subsequently from the State Government. It is this aspect which was determined by the learned Single Judge directing the college to make the payment, in the first LPA No. 1161 of 2012 (O&M) LPA No. 1194 of 2012 (O&M) instance, relying upon the judgement of the Supreme Court in Shri Anandi Mukta Sadguru Shree Muktajee Vandasjiswami Suvarna Jayanti Mahotsav Samark Trust and others Vs V. R. Rudani and others, 1989 AIR(SC) 1607.
(3.) LPA No. 792 of 2011 was preferred in Civil Writ Petition No. 76 of 2006 before a Division Bench of this Court by the college titled as Arya College Management Committee and another Vs T. D. Kohli and others (which is one of the appellants before us). In a Civil Writ Petition, LPA No. 519 of 2011, was preferred by Anglo Sanskrit High School, Khanna Trust and Management Society. This LPA was decided by a Division Bench vide detailed judgement dated 05.04.2011, which governed LPA No. 792 of 2011, as well. In LPA No. 519 of 2011, the Division Bench of this Court affirmed the order of the learned Single Judge directing the college to make the payment before recovering it from the State Government.;