VADIVEL TEXTILES Vs. ASSISTANT REGIONAL COMMISSIONER

JUDGEMENT

(1.) THE petitioner is a Power loom factory. THEy have filed the present writ petition, challenging an order passed by the third respondent Employees Provident Fund Appellate Tribunal made in ATA.No.55(13)2002 dated 11.10.2010. By the aforesaid order, the Tribunal dismissed the appeal filed by the petitioner firm.

(2.) THE writ petition was admitted on 05.04.2011. Pending the writ petition, in the application for grant of interim stay, only notice was given to the respondents. On notice from this Court, on behalf of respondents 1 and 2, a counter affidavit dated 31.05.2011 has been filed. THE petitioner has also filed an additional typed set of papers.

(3.) CHALLENGING the said order, the petitioner filed an appeal under Section 7-I of the PF Act before the third respondent Tribunal. Once again the petitioner had raised the same grounds namely the Act not being applicable to them as they had employed only 5 persons but operating 10 Power looms. It was claimed that a single employee can operate all the 4 Power loom machines. The letter sent by registered post was not received by them and their request for adjournment was not considered.