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2016 (3) TMI 1455 - HC - Indian LawsApplicability of notification dated 22.3.2001 - courier service included in the class of establishments to which the EPF & MP Act or not - employer-employee relationship between the petitioner and other 11 agencies - petitioner disputed the liability on the ground that the petitioner had never employed 20 or more persons and hence, the EPF & MP Act is not applicable to the petitioner and requested to conduct an enquiry under Section 7A of the EPF & MP Act, to determine the question of applicability - Sections 2(f) and 2A of the EPF & MP Act - HELD THAT:- According to Clause 4, the agency shall be under obligation to deposit the entire sale proceeds of the day, without any deduction to the account of the petitioner on the very next day. As per Clause 8, the petitioner shall supply stationery to be used by the agency for delivery, booking and for administration for free of charge. The stationery to be supplied by the petitioner only be used for the delivery and booking of the documents. According to Clause 12, the agency shall keep a register of consignment notes issued by the petitioner and the balance stock, which shall be kept up to date at all times and shall be made available to the petitioner at all times for verification. As per Clause 13, the petitioner either himself or through his authorised representative shall be at liberty at all times to inspect and verify the premises and records of the agency and take copies of such records to ensure compliance with the various terms of the Agency Agreement. According to Clause 19, the agency shall maintain the office records of all documents, control of consignment notes, ledger books, showing the amount due from the sundry debtors, collection statements, delivery run-sheets and stationeries in the proper or orderly manner and to the satisfaction of the petitioner. According to Clause 16, the agency shall not carry on the business of courier or its agency in his own name or in proprietorship or as director of a company nor shall any courier/agency be permitted to be operated from the place of business from which agency of Professional Courier is operated. This Court is of the opinion that ultimate control; both the financial and human resources, are vested with the petitioner. So also, unity of management and control, functional integrity and unity of purpose, are obviously evident from the above clauses. The above findings are to be appreciated, in view of the definition under Section 2(f) of the EPF & MP Act. There is no illegality or impropriety in any of the findings, in Exts. P7 and P9 orders and the respondents have correctly and properly appreciated all the evidence collected during the course of enquiry under Section 7A and tested the same with Sections 2(f) and 2A of the EPF & MP Act. Petition dismissed.
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