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1958 Supreme(Ker) 16

SANKARAN, RAMAN NAYAR
Kunnath Textiles – Appellant
Versus
The Regional Provident Fund Commissioner – Respondent


Judgment :-

1. In 1942 one K.T. Paul and his six brothers started a handloom textile factory which they ran until about March 1948. In January, 1949, the seven brothers formed a private limited company with one of the brothers, by name Cherukutty, as the managing director. This company took, the factory on lease and worked it until 1-11-1953 when it surrendered the lease The provisions of the Employees' Provident Funds Act, XIX of 1952 were applied to the factory while it was being run by the Eastern Agencies Ltd., and that company was contributing to the Employees' Provident Fund as required by the Act and the scheme framed thereunder. On the termination of the lease of the company, the seven brothers formed themselves into a partnership which they called the "Kunnath Textiles" and they took over the factory which they continued to run with the same employees (although they now choose to call them new workers) making the same goods and with no change whatsoever as to its character. They however discontinued sending the returns and making the contributions required by the Act, and when called upon by the Regional Provident Fund Commissioner to comply with the provisions of the Act






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