THE PALLIADI HANDLOOM WEAVERS CO-OP PRODUCTION AND SALE SOCIETY LIMITED Vs. REGIONAL PROVIDENT FUND COMMISSIONER, TIRUNELVELI AND ORS.

JUDGEMENT

(1.) The Second Appeal has been filed under section 100 of Civil Procedure Code against the judgment and decree in A.S.No.32 of 2000 on the file of the Sub-Court, Padmanabapuram, dated 13.08.2003 confirming the judgment and decree in O.S.No.183 of 1998 on the file of the Principal District Munsif Court, Padmanabapuram dated 13.01.2000.

(2.) The background facts in which the present Civil Appeal has been filed are briefly stated as under:

(3.) Learned Counsel appearing on behalf of the appellant submitted that first of all, there was no employer-employee relationship between the appellant Company and the workers engaged by them. The workers were not employees under Section 2(f) of the EPF Act as alleged by the respondents herein. He further submitted that the weaving machines used by the workers were owned by them and not provided by the appellant Society. The workers worked from their homes and not at the production centers of the appellant Society. Hence, the work performed by them, could be done by their relatives, or any other person on their behalf. Furthermore, the workers were not bound to report to the production centers regularly, nor were they required to work at the production centers. No department action can be taken against the workers, if they did not turn up to the Society. The appellant Society exercised no supervisory control over the workers. He also submitted that they had no direct or indirect control over the workers. The conversion of cloth into garment could be done by any person on behalf of the workers. Hence, the appellant Society did not exercise any supervisory control over the workers. The appellant further submitted that on an erroneous appreciation of facts, the respondents had wrongly come to the conclusion that the appellant is covered under the Employees' Provident Funds Act and it is also liable to pay contributions. In these circumstances, the appellant is before this Court.