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1983 Supreme(Ker) 208

T.KOCHU THOMMEN
NORTH MALABAR GRAMIN BANK – Appellant
Versus
REGIONAL PROVIDENT FUND COMMR. – Respondent


Judgment :-

1. The petitioner is the North Malabar Gram in Bank. It was established on 12-12-1976 under the Regional Rural Banks Act, 1976 (Act 21 of 1976). The effect of S.16 of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 is that the Act would not apply to an establishment such as the petitioner-Bank for a period of three years from the date on which it was set up. That means the petitioner was exempt from any liability to pay any amount towards provident fund for the period between 12-12-1976 and 11-12-1979. However, notwithstanding this exemption (which is generally referred to as infancy protection) the petitioner on the basis of certain directions from the Reserve Bank of India and the Central Government made deductions from the salaries payable to its employees with a view to crediting them to its own provident fund scheme under contemplation. However, no such scheme was adopted by the Bank. But the amounts deducted from the salaries of the employees towards the contemplated provident fund scheme stood to their credit. These amounts were deducted during the period from 1-12-1978 to 1-12-1979. By the impugned orders Exts. P12 and P14, the respondents













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