LAWS(MAD)-1980-3-20

CHENNIMALAI WEAVERS Vs. GOVERNMENT OF INDIA

Decided On March 03, 1980
THE CHENNIMALAI WEAVERS" CO-OPERATIVE PRODUCTION AND SALE SOCIETY LIMITED, NO. K 885, CHENNIMALAI, TAMIL NADU, REPRESENTED BY ITS PRESIDENT M.P. NACHIMUTHU Appellant
V/S
GOVERNMENT OF INDIA, REPRESENTED BY UNDER SECRETARY TO GOVERNMENT, MINISTRY OF LABOUR, SHRAM SHAKTI BHAVAN, NEW DELHI AND TWO OTHERS Respondents

JUDGEMENT

(1.) THE writ petition is for certiorari to quash the order of the second respondent dated 16th May, 1979.

(2.) THE facts are as under " THE petitioner is Chennimalai Weavers" Co-operative Production and Sale Society Limited, Chennimalai, Tamil Nadu, represented by its President. THE Society was registered, under the then Madras Co-operative Societies Act, 1932 on 7th April, 1941, which started its operation on 14th April, 1941, with 45 members and a paid up share capital of Rs. Rs. 1,771.00. Presently, there are 553 "A" Class members and 30 "B" Class members with a paid up share capital of Rs. 5.36 lakhs. THEre are 578 looms in the society. THE society is functioning within the area of Chennimalai village and its suburbs.

(3.) THE third respondent (THE Regional Provident Fund Commissioner, Tamil Nadu State) issued a notice on 26th September, 1968 stating that the petitioner factory with all its branches and departments comes under the purview of the Employees" Provident Funds Act. 1952 (hereinafter referred to as the Act), and the scheme framed thereunder from 1st June, 1968, since it is a factory, to which the Act is made applicable under section 1 (3) (a), as engaged in Textiles (Dyeing Unit),one of the industries mentioned in Schedule I of the Act.