APPLICABILITY OF ACT TO NEW EMPLOYER





Whether the Employees' Provident Fund and Miscellaneous, Provisions Act be applicable to an establishment, which has since been closed down but started by a new employer?

Not necessary. In one case, a person took on lease a hos­pital that was dosed down two years prior to the lease and started a new, of course, in the same name and style. The earlier hospital was not covered by the Act and there was no allegation that it continued with change in management. It has been held that the new owner will be entitled to infancy protection from the date of starting new hospital

Reference

Dr. Jyoce Mammen vs. RPFC 1988 Lab. IC 1111 (Ker HC)

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