HARDWARE AND SANITARY TRADERS Vs. REGIONAL PROVIDENT FUND COMMISSIONER INDORE

JUDGEMENT

(1.) THIS order shall also dispose of Misc. Petition No.482 of 1979.

(2.) BY these petitions under Article 226 of the Constitution the petitioner challenge an order dated 7th February 1979 passed by the Regional Provident Fund Commissioner. Madhya Pradesh, Indore, under section 7 -A of the Employees', Provident Funds and Miscellaneous Provisions Act, 1952, holding the Act applicable to the petitioners establishments.

(3.) LEARNED counsel for the petitioners submits that the finding that more than twenty persons were employed between 10th April 1962 to 4th May 1962 in the original establishment is not correct, He also submits that even if that finding be accepted, the establishments of the petitioners cannot be held to be the same establishment which was owned by M/s Mediwala and Co. and that the establishments of the petitioners are new establishments to which the Act has no application because these establishments never employed twenty or more persons. We do not find it necessary to consider the first submission made by the learned counsel, for in our opinion, the second submission must be accepted.