The Employees’ Old Age Benefits Act, 1976 applies to every industry and establishment wherein five or more persons are employed by the employer, directly or through any other person, whether on behalf of himself or any other person or were so employed on any day during the preceding twelve months and shall continue to apply to every such industry and establishment even if the number of persons employed therein is, at any time, after EOB Act becomes applicable to it, reduced to less than five.