H N SHREEDHAR Vs. ASST PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) Petitioner aggrieved by the order dated 8.12.2000 of the first respondent invoking section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, [for short 'the Act'] preferred Appeal No.341[6]/2001 before the Employees Provident Fund Appellate Tribunal, which when dismissed by order dated 13.04.2010 [Annexure-F] has preferred this petition.

(2.) Petition is opposed by filing statement of objections, inter alia, seeking to sustain the order of the Appellate Tribunal as being well merited, fully justified and not calling for interference.

(3.) The first respondent, in the proceeding under section 7A of the Act concluded that M/s. Adithya Hospital, M/s. Archana X-Ray and M/s. Adarsha Hospital were not separate and independent units, but had a geographical proximity, functional integrity and common management and therefore all the three establishments are part of the petitioner establishment and has engaged more than 18 employees and further noticed that the Doctors were regularly paid professional fee, to hold that the Doctors were employees of the petitioner establishment and accordingly by order dated 8.12.2000 directed the petitioner to comply with the provisions of the Act with effect from March 1992. That order when carried in appeal to the appellate Tribunal, the Presiding Officer, by the order Annexure-F drew conclusions that the three establishments were in fact one and the same, and though referred to the decision of the Apex Court in M/s. ASSOCIATED CEMENT COMPANY LTD., vs. THE WORKMEN, 1960 1 LLJ 1 confirmed the finding that the Doctors paid professional fee were employees of the appellant following the decision of the Apex Court in 'M/s. SILVER JUBILEE TAILORING HOUSE vs. CHIEF INSPECTOR OF SHOPS AND ESTABLISHMENTS, 1974 LabIC 133' .