Judgment

VENKARARAMIAH, J.:- This appeal by Special Leave involves the question whether the provisions of the Employees Provident Funds and Miscellaneous Provisions Act 1952 (Act XIX of 1952) (hereinafter referred to as the Act) were applicable on the date of the suit out of which this appeal arises to the factory which was purchased by the appellant in the year 1955 in certain liquidation proceedings.

2. Prior to December, 1954 a company called Hirji Mills Ltd. was carrying on the business of manufacture and sale of textile goods in its factory situated at Fergusson Road, Lower Parel, Bombay. That company was ordered to be wound up by the High Court of Bombay and its assets were ordered to be sold by the Official Liquidator. At the sale held by ,the Official Liquidator, the appellant which was a Public Limited, Company, purchased the above said factory. It is stated that the workmen had been discharged earlier and the goodwill of the company in liquidation had not been acquired by the appellant. There was discontinuance of the work of the factory for some time The appellant restarted the factory on November 12, 1955. The appellant claims that it invested some fresh capital in the b