JUDGMENT :

1. This petition is filed under Articles 226 and 227 of the Constitution of India challenging the order of the Employees’ Provident Funds Appellate Tribunal, New Delhi passed in ATA No.590(5)/2001, dated 8th May, 2007.

2. Facts arising for this petition are as under.

2.1 The petitioner is a Co-operative Bank duly registered under the provisions of Gujarat Co-operative Societies Act, 1961 having registration dated 1.12.1966 and engaged in Banking business from 1.1.1967 in the Rajkot city. As per the provisions of the Gujarat Co-operative Societies Act, 1961, if the Bank is employing less than 50 persons, it was not amenable to Employee Provident Fund and Misc.Provisions Act, 1952 as per the provisions of Section 16(1) (a) of the said Act. In the larger interest of the employees and as per provisions of Section 72 of the Gujarat Co-operative Societies Act, 1961, the petitioner had implemented the provisions of Provident Fund (for short, ‘PF’) Rules and deducted the PF contribution @ 8.33%/10% from the wages, salaries and paid equal amount of its share, deposited the amoun