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2014 Supreme(Pat) 347

KISHORE KUMAR MANDAL
Bihar State Co-Operative Bank Ltd. through its Managing Director – Appellant
Versus
Union of India through Chief Provident fund Commissioner, Provident Fund Organisation, CAMA House, New Delhi – Respondent


Advocates Appeared:
For the Petitioners: Mr. Y.V. Giri, Mr. Santosh Kumar Singh.
For the Intervenor-Respondents: Mr. Rajendra Narayan.
For the Respondent No. 2: Mr. R.S. Pradhan.

ORDER


1. The petitioner herein is a Body Corporate registered under the Bihar Cooperative Societies Act is a Cooperative Bank as defined in the Deposit Insurance Corporation Act, 1961 and is aggrieved by the order dated 13.12.2010 (Annexure-4) and 22.5.2013 (Annexure-11) passed by the Regional Provident Fund Commissioner, Bihar, (respondent No. 2) in the light of the direction issued by this Court in C.W.J.C. No. 17960 of 2009 and analogous writ petitions and C.W.J.C. No. 3993 of 2009 respectively whereby the respondent no. 2 was directed to take appropriate decision considering the claim and counter claim of the employees and the petitioner Bank.

2. The matter pertains to grant of benefit of Provident Fund (PF) to the employees of the petitioner Bank covering the period 1.7.1983 to 31.3.2004.

BACKGROUND FACTS

3. Employees of the petitioner Bank are governed by Provident Fund Rules framed by the Bank in the year 1973 which after approval of its Board of Directors was submitted to the respondent Regional Provident Fund Commissioner (for short the Commissioner) for approval and grant of exemption. The aforesaid PF Rules was/were approved by the respondent Commissioner and the exemptio






































































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