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2026 DAILYLAW 5850 (ALL)

COMMITTEE OF MANAGEMENT, M/S RAM LAKHAN BHATT INTERNATIONAL SCHOOL AND ANOTHER v. STATE OF UP AND ANOTHER

WRIC/35331/2026 · 2026-09-07

Saurabh Shyam Shamshery

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35331 of 2026 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. September 8, 2026 AK Versus Counsel for Petitioner(s) : Dheeraj Kumar Dwivedi Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) Committee Of Management, M/S Ram Lakhan Bhatt International School And Another .....Petitioner(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad