NARAYANDAS Vs. REGIONAL PROVIDENT FUND COMMR

JUDGEMENT

(1.) Challenge in this writ under Articles 226 and 227 of the Constitution of India, is to an appellate order dated January 19, 2000 (Annexure P7) passed by Employees' Provident Fund Appellate Tribunal under Section 71 of Employees' Provident Funds And Miscellaneous Provisions Act, 1952, which in turn affirms the order dated April 9, 1999, passed under Section 7-A ibid.

(2.) The main factual question that came up for consideration before the two authorities was the date on which the petitioner began their production. It was the case of petitioner that they started production from July 1994 whereas, the case of respondent was that it was from April 1, 1993. Both the authorities below did not accept the case of petitioner and held that the actual date on which the petitioner started production was April 1, 1993, for coming to this conclusion, the authorities below relied on the report dated May 20, 1993 of factory supervisor which was forwarded to Regional Director, clearly stating therein that the production in petitioner's Unit began from April 1, 1993.

(3.) This Court in this writ jurisdiction cannot and would not like to disturb this factual finding. Even otherwise, it cannot be regarded as perverse nor without evidence. It is based on the report of factory supervisor.