Following order dated 11-03-2016 delivered by Hon’ble High Court of Kerala in WP(C) No. 7905/2011 filed by M/s Professional Couriers against coverage of the establishment. EPFO has accordingly the order is being circulated for information and utilization in similar cases. It is felt that the order is significant one and needs to be circulated since so many Courier agencies are operating in India.
The writ petition filed by the petitioner challenged the order of EPF appellate authority stating they have only issued the Franchisee to the other agencies and they do not have any direct relation with any of the agencies. With evidences collected from the M/s Professional couriers EPFO was able to prove that the petitioner and the agencies have direct relations since M/s Professional couriers is paying for the day to day running cost which includes salary for the employees employed by their agencies.
The Hon’ble High Court of Kerala dismissed the writ petition filed by M/s Professional couriers against coverage of the establishment, with the following observation:
“..this court is of the opinion that ultimate control; both the financial and human resources, are vested with the petitioner (M/s Professional couriers). So also, unity of management and control, functional integrity and unity of purpose, are obviously evident from the above clauses.”