PARTHA SARATHI SEN
Paschim Banga Gramin Bank – Appellant
Versus
Union of India – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.
1. In this writ petition as filed under Article 226 of the Constitution of India the writ petitioner while challenging a proceeding and order dated June 25, 2015 under Section 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 ( hereinafter referred to as the ‘said Act’) as passed by Regional Provident Fund Commissioner, Sub-Regional office, Durgapur/respondent no.2 herein has prayed for declaring Section 14 B of the said Act ultravires or inconsistent with Section 17(1-A) (d) (iv) of the said Act vis-a-vis with Article 14 of the Constitution of India with a further prayer to read down Section 14B of the said Act along with other ancillary relief or reliefs by issuing necessary writs.
2. For effective adjudication of the instant writ petition the facts leading to filing of the instant writ petition is required to be discussed in a nutshell.
3. Originally one Mayurakshi Gramin Bank was independently existing as a regional rural bank and at that time it was an exempted establishment within the meaning of Section 17 (1-A) of the said Act and with the implementation of the Employees’ Pension Scheme, 1995 the said Mayurakshi Gramin
Asha Sharma vs. Chandigarh Administration and Ors. reported in (2011)10 SCC 86;
Kelvin Jute Company Ltd. vs. Krishna Kumar Agarwal and Ors reported in (2006) 2 CHN 358;
M.P Power Management Company Ltd.
Organo Chemical Industries and Anr. vs. Union of India and Ors reported in (1979) 4 SCC 573
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