JUDGMENT - S.C. PRATAP, J.:---Short question for determination in this petition is whether the petitioner-company is entitled to the benefit of the infancy period under section 16 of the Provident Funds and Miscellaneous Provisions Act, 1952 (for short 'the Act') already availed of by the original Company M/s. Saraiya Industrial and Containers Company Private Limited.

2. M/s. Saraiya Industrial and Containers Company Private Limited (hereinafter 'the original company') manufactures of composite containers started manufacturing activity in October, 1963 at the Wagle Industrial Estate, Thane, but closed down the same in July 1972. In November, 1972 pursuant to lease agreement, the petitioner Industrial Factors Limited (for short 'the petitioner company') took on lease from the original Company its imported plant machinery and equipments. It also took over from the original Company its twenty-four employees as also its raw materials and stocks. Later, the petitioner company was converted into a subsidiary of Mr. Poysha Industrial Company Limited (for short 'Poysha') and it started manufacturing operations on the mezzanine floor of Poysha's premises (at Sewree, Bombay) taken on

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