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2017 Supreme(Bom) 39

S.S.SHINDE, RAVINDRA V.GHUGE
Pachora Peoples Cooperative Bank Ltd. – Appellant
Versus
Employees Provident Fund Organization (Ministry of Labour, Government of India) – Respondent


Advocates Appeared:
For the Review Applicant : Shri A.A. Shelke h/f Shri P.D. Suryawanshi
For the Respondent: Shri K.B. Chaudhari.

JUDGMENT :

Ravindra V. Ghuge, J.

1. By this Review Application, the Applicant Bank has prayed for reviewing the order dated 07.02.2014 passed by this Court in Writ Petition No.5086/2011. By the said order, the Writ Petition filed by the Review Applicant was dismissed and the order dated 28.09.2010 passed by the Assistant Provident Fund Commissioner (Compliance), Sub-Regional Office, Nashik (hereinafter referred to as “the APFC”) and the order dated 20.05.2011 passed by the Employees Provident Fund Appellate Tribunal, New Delhi, holding that the Bank was liable to contribute provident fund contributions of the pigmy agents, were sustained.

2. We have heard the learned Advocates for the respective sides at length. The grounds put forth by the Applicant are as under:-

"(I) It may please be considered that the orders under challenge passed by the authorities below are quite contrary to the evidence on record.

(II) It may please be considered that the Pigmy Deposit Collectors are not employed on wages as per the provisions of Section 2(F) of the said Act.

(III) It may please be considered that the commission is expressly excluded from the definition of "wages" and as such the pigmy agents can






































































































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