V. Chitambaresh, J.

The short question is as to whether Nithya Nidhi Deposit Collectors of the South Malabar Gramin Bank ('the Bank' for short) are 'employees' to whom the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ('the Act' for short) apply?

2. The Regional Provident Fund Commissioner has by Ext.P8 order passed under Section 7A of the Act held that such deposit collectors are employees to whom the Act apply. The same is affirmed by Ext.P10 order in appeal by the Employees' Provident Fund Appellate Tribunal under Section 7 I of the Act. Exts.P8 and P9 orders are impugned in this writ petition by the the Bank contending that the deposit collectors are not 'employees' under the Act. It is the case of the Bank that no contribution is liable to be paid in respect of deposit collectors as per the Scheme framed under the Act.

3. I heard Mr.George Poonthottam, Advocate on behalf of the Bank, Mr.Thomas Mathew Nellimoottil, Standing Counsel on behalf of the Regional Provident Fund Organisation and Mr.K.Sasikumar, Advocate on behalf of the deposit collectors.

4. Section 2(f) of the Act defines 'employee' as follows:-

"employee" means any p