( 1 ) THE challenge in this writ petition is to the Provident Fund which is being contributed in case of the employees of Sardar patel Vidyalaya (hereinafter REFERRED TO to as the said School ).

( 2 ) THIS petition has been filed by some of the teachers of the school. There is also an application filed by the Karamcharis of the school for intervention. We have allowed the application (C. M. 5810/91) for intervention and have heard Counsel for the petitioner and the other parties including the interveners.

( 3 ) THE dispute relates to three distinct periods. The first period is 1st April, 1959 to September. 1977. The second period is September, 1977 to August, 1982 and the third period is August, 1982 to August, 1988.

( 4 ) IN order to appreciate the dispute which is raised it is necessary to examine as to how the respondent school acted in the present case. The memorandum and Rules of the school employees Provident Fund were promulgated and enforced w. e. f. 1st April, 1958. According to Rule 5, the employees were entitled to be paid not less than 6% Provident Fund upto 31st March, 1959 and 8 1/3% w. e. f. 1st April, 1959 of the employees pay. The expression "pay" was d