Allahabad High Court

COMMITTEE OF MANAGEMENT, M/S RAM LAKHAN BHATT INTERNATIONAL SCHOOL AND ANOTHERversusSTATE OF UP AND ANOTHER

Decided: 7 September 2026
Bench: SAURABH SHYAM SHAMSHERY

Holding

The High Court held that the writ petition must be disposed of because the dispute should be raised before the Appellate Authority under the EPF Act, not before the Court.

Summary

The Committee of Management of M/S Ram Lakhan Bhatt International School filed a writ petition challenging a finding on the number of employees in the institution. The petitioners did not first pursue the appeal provision under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, and instead approached the High Court. The Court observed that the correct forum for raising such a factual dispute is the Appellate Authority under the EPF Act, which can consider the issue as part of the ongoing proceedings. Consequently, the High Court disposed of the writ petition, directing the petitioners to approach the Appellate Authority and stating that any stay application would be dealt with expeditiously. The order emphasizes the principle that alternative remedies must be exhausted before seeking judicial intervention.

Issues considered

Whether the petitioners can approach the High Court without first availing the appeal provision under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952
Whether the factual dispute regarding the number of employees can be raised before the High Court or must be presented to the Appellate Authority

Legislation cited

Employees' Provident Funds and Miscellaneous Provisions Act, 1952

Subjects

writ petition
alternative remedy
Employees' Provident Funds Act
appellate authority
factual dispute
stay application

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                              WRIT - C No. - 35331 of 2026


                                    Committee Of Management, M/S Ram Lakhan
                                    Bhatt International School And Another                           .....Petitioner(s)
                                                                         Versus

                                    State of U.P. and Another
                                                                                                  .....Respondent(s)

                                    Counsel for Petitioner(s)                  :    Dheeraj Kumar Dwivedi
                                    Counsel for Respondent(s)                  :    C.S.C.

                                    Court No. - 36
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Dheeraj Kumar Dwivedi, learned counsel for petitioners and Sri

                                    Prabhakar Tripathi, learned Standing Counsel for State-Respondents.


                                    2. Admittedly petitioners have an alternative remedy to file an appeal under the

                                    provisions of Employees' Provident Funds and Miscellaneous Provisions Act,

                                    1952, however, without availing said alternative remedy petitioners have

                                    rushed this Court raising a ground that an incorrect finding was returned about

                                    number of employees in the Institution.


                                    3. However, the Court finds that above ground can be raised before Appellate

                                    Authority, who has power to consider it being in continuity of proceedings.


                                    4. Accordingly, this writ petition is disposed of with aforesaid liberty with

                                    further observation that Appellate Authority will consider all grounds raised in

                                    memo of appeal including above referred factual dispute. In case any stay

                                    application is filed, the same will be considered expeditiously, preferably

                                    within a period of three weeks from the date of filing of application.



                                                                                   (Saurabh Shyam Shamshery,J.)
                                    September 8, 2026
                                    AK




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad

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