MOHAMMED KUTTI K M Vs. REGIONAL PROVIDENT FUND COMMISSIONER
HIGH COURT OF KERALA
MOHAMMED KUTTI K M
REGIONAL PROVIDENT FUND COMMISSIONER
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(1.) THE Vencheri Rubber Estate belonged to the petitioner's father. It came within the ambit of the Employees' Provident Funds Act, 1952, and the Scheme framed Section 5 thereof.
(2.) THE Estate was partitioned on the death of the father among the petitioner and his two sisters. The partition was on 1 July 1964 and is evidenced by Document No. 2267 of 1964 of the office of the Sub-Registrar, Chavayoor.
(3.) ACCORDING to the petitioner the portion of the estate allotted to him on partition should be treated as a separate establishment and when so treated will not come within the ambit of the Employees' Provident Funds Act, 1952. The submission is based on Sub-section (3) of Section 1 of the Act which makes it clear that the Act will not apply to establishments in which twenty or more persons are not employed. The portion of the estate which the petitioner obtained on partition, it is stated, employs less than twenty persons and is hence outside the purview of the allotment.;
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