CHESLIND TEXTILES LTD. Vs. THE REGISTRAR/PRESIDING OFFICER, EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL AND ORS.

JUDGEMENT

(1.) This writ petition has been filed challenging the order of the 1st respondent dtd. 29/3/2005 in proceedings ATA No.127 (13)/2000 confirming the order of the second respondent dtd. 11/2/2000 in proceedings No.TN/SRO-SLM/34970 dtd. 11/2/2000.

(2.) It is the case of the petitioner that they are manufacturers of cotton yarn and they are 100% export oriented unit which started commercial production in February 1994. According to them, they enjoyed infancy protection under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'EPF and MP Act, 1952'). According to them, they do not have their own standing orders certified under the provisions of Industrial Employment (Standing and Orders) Act, 1946 (hereinafter referred to as 'IESO Act, 1946'). According to the petitioner, by virtue of the Tamil Nadu Industrial Employment (Standing Orders) Rules 1947, in the event of industrial establishment not having its own certified Standing Orders, the Model Standing Orders set out in Schedule 1 to the Rules would apply. According to the petitioner, the Model Standing Orders classified the workmen into seven different categories and one of the categories of workmen classified under the Model Standing Orders is Apprentice.

(3.) According to the petitioner, since their unit was set up only in February 1994, the petitioner was entitled for infancy protection under the EPF and MP Act, 1952 for a period of three years. It is their case that the Act will be applicable to the petitioner only from January 1997 onwards. According to the petitioner, as of January 1997, there were 256 employees, out of which, 200 were apprentices and 56 were confirmed employees.