MRF LTD Vs. EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL

JUDGEMENT

(1.) THE sole question which arises for consideration in the above writ petition is, as to whether the "Apprentices" appointed by the petitioner -Company as provided under its Certified Standing Orders, framed under the Industrial Employment (Standing Orders) Act, 1946 [for short "Standing Orders Act of 1946"], are to be covered under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 [for short "EPF Act"]. The answer to the question would involve the resolution of the dispute on law and on facts, the latter of which this Court is forced to look into for reason only of the appellate authority having not considered the same in the proper perspective.

(2.) THE petitioner is a Public Limited Company, registered under the Companies Act, 1956, which is admittedly covered under the EPF Act, and there is no dispute with respect to the contributions paid, as against the regular employees in its rolls. An enquiry was initiated under Section 7A, wherein an inspection was conducted and the Apprentices engaged by the petitioner were sought to be covered under the EPF Act.

(3.) ADMITTEDLY a large number of persons were employed as Apprentices under the petitioner. It was also admitted by the petitioner that the workers are first appointed as Apprentices and after giving adequate training, on finding them suitable, they are taken into the regular rolls of the Company. The Standing Orders of the petitioner -Company also provides for engagement of Apprentices for a period of two years, with an extended period of another year; but not more than three years.