BARAPALI MEHER ARTS & CRAFTS HANDLOOM CO-OPERATIVE SOCIETY LTD. AND ORS. Vs. ASST. PROVIDENT FUND COMMISSIONER AND ORS.

JUDGEMENT

(1.) The petitioner being aggrieved with Annexures-4, 5 & 6 is before this court. Annexure-4 is an order passed by the Assistant Provident Fund Commissioner dtd.18.3.2005 whereby and wherein the weaver members of the society has been held to be an employee U/s.2(f) of the E.P.F. & M.P. Act, 1952. Annexure-5 which is the order passed by the Assistant Provident Fund Commissioner on 25.4.2005 by which the amount of Rs.18,98,330/- have been determined for the period from 7/1990 to 3/1998 with direction to deposit the dues already assessed for an amount of Rs.6,83,449.20 for the case period from 11/1985 to 6/1990 and from 7/1990 to 3/1998 as per the detail given therein and Annexure-6 is the demand notice issued U/s.8F of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

(2.) The petitioner no.1 is the President of a society in the name of M/s.Barapali Meher Arts & Crafts Handloom Cooperative Society Ltd. while the petitioner no.2 is the Secretary of the said society. The society being registered under Societies Registration Act and governed under the provisions Rules of Cooperative Societies Act, 1962 with main function to improve financial conditions of the weavers by purchasing various instruments which are being utilized in preparing cloth to preserve the ancient art of weaving to advance the members of the society by giving trade and to give them proper education. In the society the weavers are the members and governed under the bye-laws and to run the society a committee has been constituted as per the provision of Orissa Cooperative Societies Act and the Rules made therein. The members of the society do not use any power and they prepare the thread themselves and no machineries are being utilized in weaving and preparing the clothes.

(3.) It is the case of the petitioner- Society that it is not coming under the purview of the Act, 1952 but even thereof the authorities empowered under the Act, 1952 is used to harass them hence the grievance having been made to the State authorities under the Textile Department and the Textile Department has also requested the authorities under the E.P.F. Act not to harass them as because the society of weavers is not coming under the parameter of the Act.