N.RAMANKUTTY NAIR Vs. EMPLOYEES PROVIDENT FUND

JUDGEMENT

(1.) THE Supreme Court in SLP (Crl) No.2345 of 2008 has directed this Court to dispose of W.P (C) No.25675/2011 within a period of four months by order dated 11.2.2013.

(2.) THE short question is whether the petitioner who claims to be only a lessee is the employer or the fourth respondent is the employer in regard to the establishment. The petitioner asserts that he appeared before the Assistant Provident Fund Commissioner in the enquiry on 8.5.2001 and sought the issue of notice to the fourth respondent alleged to be the employer.

(3.) EQUALLY unsatisfactory is the finding of the first respondent Employees' Provident Fund Appellate Tribunal in this regard. Mere reliance on the definition of employee without coming to grips as regards the employer of the establishment in question cannot be countenanced under the circumstances.