MESSRS SUPREM TEXTILES PROCESSING LTD Vs. PRESIDING OFFICER EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL

JUDGEMENT

(1.) THE petitioner is a Textile Unit and has filed the above writ petition challenging the order passed by the first respondent dated 13.05.1999, confirming the order passed by the second respondent dated 17.08.1998.

(2.) THE matter arises under THE Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as "the Act").

(3.) THE first respondent passed an order dated 13.05.1999 rejecting the appeal by holding that the so-called apprentices are employees of the appellant and they are bound to comply with the provisions of the Act. On the question of the infancy protection under section 16(1)(d), it was stated that the appellant ought to have raised this issue before the second respondent during the course of enquiry under Section 7A of the Act and that there is no vested right in favour of the petitioner for claiming the benefit of infancy protection.