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TMI Blog2016 (3) TMI 1455X X X X Extracts X X X X X X X X Extracts X X X X ..... ignment 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 peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner has only one office at Kannur with the employment strength of seven and thereby, the EPF MP Act is not applicable to the establishment. After enquiry, the 2nd respondent passed Ext. P7 order, holding that the service agents are branches of the establishment run by the petitioner and consequently the petitioner's establishment is liable to be covered under the provisions of the EPF MP Act. 3. Aggrieved by Ext. P7 order, though, the petitioner had preferred a statutory appeal before the 1st respondent, the 1st respondent also confirmed the findings of the 2nd respondent and dismissed the appeal, by Ext. P8. The legality and propriety of the findings, whereby the respondents 1 and 2 concurrently found that the petitioner's establishment is covered by the provisions of the EPF MP Act, are under challenge in this writ petition. It is with this averments, this writ petition is filed with a prayer to quash Exts. P7 and P9 orders, passed by 2nd and 1st respondents, respectively and for a direction to the 2nd respondent to consider the matter afresh, in accordance with law. 4. Heard the learned counsel for the petitioner. 5. The learned counsel for the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in 11 branches under the control of the petitioner. 8. The question in controversy involved in this Writ Petition centres around Sections 2(f) and 2A of the EPF MP Act. Going by Exts. P7 and P9, the concurrent finding is that the authorities have tested the facts revealed from the surprise inspection and evidence adduced thereafter, under Section 7A enquiry, in view of statutory mandate under the provisions of Sections 2(f) and 2A of the EPF MP Act. They have concurrently found that there are sufficient evidence to prove the unity of management and control, functional integrity, unity of purpose, in the working arrangement between the main office at Kannur and 11 other branches. 9. As regards unity of management and control, it is seen that all the service agencies are established for running the Professional Couriers service of 'Sri. Sayed Navas V.P.' the proprietor of the petitioner establishment and agreements have been entered between 'Sayed Navas' and the service agents for running his business and the said 'Navas' has got ultimate control over the day-to-day affairs of the service agents. The said 'Navas' is meeting the entire expens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 73,41,478/-, salaries and allowances paid is Rs. 2,10,950/-, and agency charges paid is Rs. 37,91,036/-. As per the Income Tax Return Saral Form No. 2D, also 'Sri.Navas' has shown the net profit for each year, after deducting all the expenditure, including the expenditure of the branches. 12. I have carefully gone through Ext. P1 agreement, produced by the petitioner. Ext. P1 is an agreement entered into between the petitioner and one of the agencies, among the 11 agencies. Among various clauses, clauses 4, 5, 8, 11, 12, 15, 16, 19, 22 and 25 are significant and relevant to establish 'employer'-'employee' relationship between the petitioner and other 11 agencies under the petitioner. 13. 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 age ..... X X X X Extracts X X X X X X X X Extracts X X X X
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