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1962 Supreme(Mad) 100

JAGADISAN
K. R. Subbaier – Appellant
Versus
The Regional Provident Fund Commissioner, Madras – Respondent


Advocates Appeared:
K.K. Venugopal, for Petitioner; Addl. Govt. Pleader, for Respondent.

Judgement

ORDER :- This is a petition under Art. 226 of the Constitution for the issue of a writ of mandamus or other appropriate writ directing the Regional Provident Fund Commissioner to forbear from enforcing his order No. D/MD/598 Regl. dated 28th April, 1957.

2. The petitioner is a firm of partnership running a factory at Tiruchirapalli. The factory was started as early as 1942. The factory was devoted for the purpose of manufacturing (i) tapes for insulation; (ii) lamp wicks; (iii) braided cords; (iv) sewing thread rolls which are reeled from bundles purchased from mills. More than 50 persons have all along been employed in this establishment. The Employees Provident Funds Act (Act XIX of 1952) applies to every establishment which is a factory engaged in any industry specified in Schedule 1 of the Act and in which 50 or more persons are employed. After the Act came into force the Regional Provident Fund Inspector inspected the petitioners factory. He scrutinised the samples of the products manufactured in the factory and issued a notice on 28th April, 1957, wherein he stated that the factory came under the Act and the scheme framed thereunder on and from 1st November, 1952. The





































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