K.SURENDRA MOHAN, A.M.BABU
SOUTH MALABAR GRAMIN BANK – Appellant
Versus
REGIONAL PROVIDENT FUND COMMISSIONER – Respondent
Surendra Mohan, J.
This is an appeal filed by the Writ Petitioner in W.P.(C) No.10991of 2011 challenging the judgment dated 27.02.2013 of the learned Single Judge dismissing the Writ Petition. The Writ Petition was filed by the appellant aggrieved by an order passed by the Regional Provident Fund Commissioner under Section 7A of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the EPF Act' for short). As per the said order evidenced in these proceedings by exhibit P8, deposit collectors of the appellant bank were held to be persons to whom the EPF Act would apply. Accordingly, contributions have been directed to be paid in respect of such employees. Though the appellant had challenged exhibit P8 order before the Employees' Provident Fund Appellate Tribunal, New Delhi, as per exhibit P10 order, the appeal has been dismissed by the Appellate Tribunal. It was challenging the said order that the Writ Petition was filed by the appellant.
2. The contention of the appellant was that deposit collectors are not “employees” under the EPF Act. Therefore, it was contended that no contributions under the EPF Act was either due or payable
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