ASSISTANT PROVIDENT FUND COMMISSIONER EMPLOYEES PR Vs. KARAPPURAM WHITE LIME SHELL VYAVASAYA CO-OP SOCIET

JUDGEMENT

(1.) First respondent filed W.P.(C) No.7964 of 2009 challenging Ext.P4, an order passed by the appellant in exercise of its powers under Section 7A of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as, "the Act"). By the said order, the first respondent, being an establishment covered under the Act with effect from 01.04.1989, was directed to give the benefit of coverage to eight employees who were left out of coverage. It was this order which is challenged before the learned single Judge.

(2.) By the judgment under appeal, the learned single Judge set aside Ext.P4. A reading of the judgment under appeal would show that the learned single Judge accepted the contention that the first respondent is an establishment exempted under Section 16(1) of the Act and that its employees were covered under the Pension Scheme framed under the Kerala Co-operative Societies Act. It is this judgment which is challenged before us.

(3.) We heard the learned counsel for the appellant and the learned counsel appearing for the respondent writ petitioner.