JUDGMENT :

B.L. Hansaria, C.J. - The point for determination is whether the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter 'the Act') has application to the establishment of petitioner No. l, named M/s. Orissa Wool Industries (hereinafter 'the industry')- According to the petitioners, (the second of which is a partner of the industry), the Act does not apply for two reasons: (1) their establishment is not a Scheduled industry; and (2) the number of employees had never been 20 or more.

2. To decide the first point, we have to note what is the activities in which the industry is engaged. As stated in paragraph 4 of the petition, the industry manufactures woolen-knitwears like socks, hostops and sweaters from woollen yarn, brought from Ludhiana. Though it seems that the industry is engaged in manufacturing some other products, for our purpose we shall confine ourselves to the aforesaid products only.

Relying on the nature of the products and the nature of manufacturing undertaken, it is submitted by Shri Mohanty for the petitioners that it is not a Scheduled industry, first because it is not a garments making factory and secondly because the notification,