THE HON'BLE THE CHIEF JUSTICE SRI NISAR AHMAD KAKRU and THE HON'BLE SRI JUSTICE SANJAY KUMAR Dated: 10-03-2010 WRIT APPEAL No. 148 OF 2010 Between: The Assistant Provident Fund Commissioner (ENF), Employees Provident Fund Organisation, Bhavisyanidhi Bhavan, Barkatpura, Hyderabad ... APPELLANT AND The Employees Provident Fund Appellate Tribunal and another …RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 148 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) At the very outset, we think it appropriate to place on record that there is no dispute in respect of application of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (‘Act’ hereinafter) to the institution – respondent No.2, but the date from which it has to apply has become an issue. According to the appellant, it has to apply from June, 1994 which had received approval of the Assistant Provident Fund Commissioner just on presumption vide his order dated 13-02-2001. Being aggrieved, it was assailed before the Employees Provident Fund Appellate Tribunal (for short, ‘Tribunal’). The appeal was decided vide judgment dated 18-04-2005 setting at naught the order of the Assistant Provident Fund Commissioner inter alia on the ground that the finding of the fact about application of the Act from June 1994 had absolutely no supporting evidence much less tenable in law. The judgment of the Tribunal was questioned, but the learned single Judge declined interference. Hence this writ appeal but the difficulty for the appellant is the finding of fact returned by the Tribunal to the effect that the strength of the employees on the establishment of the respondent from 1994 to 1999 was 13 to 15 only, apparently less than the requisite number of 20 prescribed by clause (a) sub-section (2), Section 1 of the Act. Situated thus, we do not find any material on the record and not even worth the name which could persuade us to alter the finding of fact. Dismissed in limini. SANJAY KUMAR, J NISAR AHMAD KAKRU, CJ 10-03-2010 ks