JUDGMENT

Rajendra Babu, J.-The appellant is aggrieved by the application of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 [hereinafter referred to as the Act ]. The appellant-institution is run by Baptist Union North India, a registered Society under the Registration of Societies Act, 1860. The said Society runs two schools at 17, Darya Ganj, Delhi, namely, Francis Girls Higher Secondary School which was established in 1916 and the appellant-school which runs nursery classes. The appellant-school was started in the year 1971. The claim of the appellant-school is that Francis Girls Higher Secondary School and the appellant-school, Noor Niwas Nursery Public School, are two different institutions having separate and independent accounts and are managed by two different Managing Committees. The appellant has four employees, namely, 1 Head Mistress, 1 Teacher, 1 Peon and 1 Aaya and it being a separate establishment is not covered by the provisions of the Act. Therefore, it is contended that Francis Girls Higher Secondary School and the appellant-school cannot be treated as one establishment for the purpose of the Act.

2. The respondents contention is that an Insp