E GAJENDRAN Vs. REGIONAL PROVIDENT FUND COMMISSIONER KARNATAKA BANGALOREEMPLOYEES PROVIDENT FUNDS AND

JUDGEMENT

(1.) THE petitioner challenges Annexure-A order passed by the respondent under Section 7-A of the Employees' Provident funds and Miscellaneous Provisions Act, 1952. The petitioner runs a establishment called the London School of Speech, No. 39, coles Road, Bangalore. This institution was started by the petitioner's brother V. T. Alexander. It has got 8 branches having 32 employees. As the said Alexander found it difficult to run the institutions he closed some of the centres and leased the remaining ones to the senior teachers. Thereafter the respondent initiated proceedings under Section 7-A of the Act and notice was issued in this behalf. The present principal of the institution is the sister of late V. T. Alexander. She responded to the notice and contested the claim. According to her the branches are independent; that they have no control over the said branches; that the employees of the branches cannot be treated as the employees of the centre; that there is no control over the employees employed in the branch and the workers are working on their will and wish and as such the contribution quantified is not applicable to the petitioner. This contention was over-ruled by the respondent and the impugned order is passed. The same is challenged by the petitioner in this proceedings.

(2.) I have heard Mr. Poonacha on behalf of Mr. Monnappa, learned Counsel for the petitioner.

(3.) IT is relevant to peruse the agreement wherein the following clauses are incorporated: It reads thus: "2. The lessee shall adhere to the fee structure and other rules and regulations of the school, existing and which may be framed from time to time in the future. 3. The lessee shall issue receipts for all fees collected and submit to the lessor a weekly statement of all such receipts.