Merger of two factories covered under epf

Niranjan Singh (Querist) 16 December 2011 This query is : Resolved
Sir,
on 20/01/2005 their was a sudden joint raid on our factory by ESI, EPF, And labour department.on complain of a labour union leader.and all the departments compelled me to cover under their Laws and scheme. at that time i was running three factories of same nature .one on the ground floor in the proprietor ship of elder son another on 1st floor in the proprietorship of Mother and third on the second floor of the same premises in the proprietorship of 2nd son.
Now the position is like this-1 covered under ESI, EPF & Factoies Act-1948.2 is also covered under ESI EPF & Factories Act-1948
3.is covered under ESI Only Due to numbers of labours and had its own salestax number
here i would like to say that the first two factories have not registerd under sales tax.
Now the problem is i have to keep records of three factories and to bear with inspectors of on a daily basis thats why i want to merge my two factories that is 2 with one. But the inspector of EPF is saying if you merge the two factories it will merge from the date of start. please any one suggest me what can i do ?

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Raj Kumar Makkad (Expert) 16 December 2011
The opinion of EPF inspector has not legal base. The management of both the factories by passing their resolutions can merge with each other with clear terms and conditions and all govt. departments are bound to take the same date of merger as resolved.

Guest (Expert) 18 December 2011
Please clarify, what are your proposed terms of merger of factories?

Of course the inspector is misguiding you. You may just ask him to intimate the section of relevant Act, under which he says that merger should be from the sdate of start.

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