Court No. - 33
Case :- WRIT - A No. - 13459 of 2021 Petitioner :- Brahm Dutt Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Chaubey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the petitioner and Sri S.K. Verma has appeared for the respondent District Basic Education Officer.
Grievance raised in the writ petition with regard to denial of provident fund benefits to petitioner.
While entertaining the writ petition, instructions were invited from the respondents. Pursuant to such directions, the District Basic Education Officer, Sonebhadra has produced instructions, according to which petitioner was employed in a private unaided institution. It is alleged on behalf of the respondents that the State has no control on financial arrangements of the private institutions and the liability to pay provident fund is not upon the State or its agency. It is also stated that against the private management, in case the petitioner has any grievance. he could at best approach the authorities under the provisions of Employees Provident Funds and Miscellaneous Provisions Act, 1952. From the instructions received, it is not shown that the State or its agency has any obligation to provide provident fund to petitioner.
Leaving it open for the petitioner to pursue the remedy under the Act of 1952, this petition is consigned to records.
Order Date :- 29.10.2021 n.u.