1. Petitioner is the proprietor of M/s. Aleppey Parcel Service, a proprietary concern having branches in different parts in the state of Kerala. Hereinafter, the said proprietary concern is referred to as the ‘establishment”. The establishment is registered under the Motor Transport Workers Act (for short the ‘Act’) with No.LBR-04-08-2/2000. There are 311 employees working in the establishment in different categories such as office staff, booking clerk, cash clear, depot clerk, watch man, attendant, drivers and cleaners of the motor vehicles belonging to the establishment, according to the petitioner. The further contentions of the petitioner are as hereunder:-

M/s. Aleppey Parcel service is a Motor Transport Undertaking as defined under section 2(g) of the Act. The drivers and cleaners working in the lorries owned by the establishment were enrolled under the provisions of the Kerala Motor Transport Workers’ Welfare Fund Act (for short ‘Welfare Fund Act’) and the other employees like office staff, booking clerk, cash clerk, depot clerk, watch man, attendant etc. were enrolled under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (for short ‘EPF Act’) E