Epf on unaided minority school
chirag
(Querist) 31 December 2013
This query is : Resolved
DEAR SIR,,, I HAVE ONE QUESTION RELATED EPF ACT
EPF ACT APPLICABLE ON MINORITY UNAIDED SCHOOL?? ..PLS SEND ME ANY RELATED CASE REF
THANKS
BAALASUBRAMANNYAMM
(Expert) 31 December 2013
You better to down load the EPF Act and study it. So that you can gain some more knowledge.
Kumar Doab
(Expert) 31 December 2013
>> FRANK ANTHONY PUBLIC SCHOOL EMPLOYEES ASSOCIATION versus UNION OF INDIA & ORS
Supreme Court Cases
1987 AIR 311 1987 SCR (1) 238 1986 SCC (4) 707 JT 1986 861 1986 SCALE (2)805
http://indiankanoon.org/doc/1331941/?type=print
http://www.rishabhdara.com/sc/view.php?case=8554
“Chapter V consisting of sections 13 to 15 contains "the provisions applicable to unaided minority schools".
Chapter V contains certain provisions relating to unaided minority schools.
the scales of pay and allowances. medical facilities, pen- sion. gratuity. provident fund and other 239 benefits which may be given to employees are subject to no regulation except that they should be contained in a written contract of service and need not conform to the scales of pay and allowances etc. of the employees of the correspond- ing status in schools run by the appropriate authority as in the case of other recognised private schools.”
HELD: 1. Section 12 of the Delhi School Education Act which makes the provisions of Chapter IV inapplicable to minority institutions is discriminatory and void not only because it makes section 10 inapplicable to minority insti- tutions, but also because it makes sections 8(1), 8(3), 8(4), 8(5), 9 and 11 inapplicable to unaided minority insti- tutions. That the Parliament did not understand sections 8 to 11 as offending the fundamental right guaranteed to the minorities under Article 30(1) is evident from the fact that Chapter IV applies to aided minority institutions and it cannot for a moment be suggested that surrender of the right under Article 30(1) is the price which the aided minority institutions have to pay to obtain aid from the Government.
“according to the instructions of the Council for the Indian School Certificate Examination, "the staff must be paid salaries and allowances not lower than those paid in comparable to Government schools in the State in which the school is located" and in view of this instruc- tion it was not necessary for us to go into the question of the applicability of Section 10 to minority institutions.”
>> CBSE Affiliations BY Laws:
http://cbse.nic.in/affili~1/aff.pdf
10: Staff and Service Conditions: (4): The school should have CPF and Gratuity or Pension, Gratuity and GPF as retirement benefits.....................................
>> The Employees’ Provident Fund Scheme, 1952
1. Short title and application.(3): (b) (xcvi) as respects the educational,...........................
>> THE EMPLOYEES’ PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952
(Act No. 19 of 1952)
1. Short title, extent and application..
(3) Subject to the provisions contained in section 16, it applies -
(b) to any other establishment employing twenty or more persons or class of such establishments which the Central Government may, by notification in the Official Gazette, specify, in this behalf:
{{{notification of the Government of India in the Ministry of Labour No. S.O. 986, dated the 19th February 1981, published in Part II, Section 3, sub-section (ii) of the Gazette of India, dated the 6th March 1982}}}
>> The Management Of S.I.E.T. ... vs Mohamed Ibrahim And Ors. on 17 October, 1989
http://indiankanoon.org/doc/882426/?type=print
1........................... (2) the petitioner is a minority institution entitled to the protection under Article 30(1) of the Constitution of India.
5. The Employees 'Provident Funds and Miscellaneous Provisions Act, 1958 is applicable to the petitioner as all educational institutions have been notified as 'establishments' within the meaning of the said Act by the Central Government under Section 1(3)(b) of that Act, (Vide Notification S.O. 986 dated February 19, 1982). Hence, the petitioner is an 'establishment' within the meaning of a law for the time being in force in relation to establishments in the State.
>> Maharaja College of Arts & Science Vs. State of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2011
http://www.academics-india.com/ESI_Act_case.htm
14. Even after getting aid from the State, the educational institutions who are entitled to protection under Article 30(1) of the Constitution were resisting the application of several labour legislations on the specious plea that those legislations were in conflict with the minority right given to them under Article 30(1) of the Constitution. Therefore, such of those legislations which interfered with their "right to establish and administer" educational institutions of their choice were per se unconstitutional. But their attempt in this regard was rejected by the Supreme Court vide its judgment in Christian Medical College Hospital Employees' Union v. C.M.C. Vellore Assn., reported in (1987) 4 SCC 691.
15. The Supreme Court in the said judgment had categorically held that in the matter of application of laws relating to public health, taxation, municipal laws and labour legislation, the minority managements cannot claim any privilege and those laws must be uniformly applied to the workmen employed by those institutions irrespective of character of those institutions. The Supreme Court had forewarned that if not done in that fashion, it may result in maladministration of those institutions. It is necessary to extract the following passages found in paragraph 18 of the said judgment which reads as follows:
Hope this shall suffice.
Sudhir Kumar, Advocate
(Expert) 31 December 2013
Thanks to Mr Kumar Doab for his kind initiative .
The querist has not so far disclosed full facts.
However EPF Act applies to establishments (including schools) employing more than 20 employees (including outsourced/ daily wager/part time/ casual etc) and minority and unaided status is of no consequence.
Rajendra K Goyal
(Expert) 31 December 2013
EPF is applicable on the strength of employees and not connected with aided, unaided or minority, majority.
