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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
THE MALAPPURAM DISTRICT CO-OP BANK BANK LTD. – Appellant
Versus
EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL – Respondent
| Table of Content |
|---|
| 1. challenge to the contribution order (Para 1) |
| 2. contention regarding employment status (Para 3 , 4) |
| 3. legal definition of an employee (Para 5 , 6) |
| 4. distinction of cited case (Para 7) |
| 5. final dismissal of the petition (Para 8) |
JUDGMENT
1. The petitioner is a District Co-operative Bank, challenging the Ext.P4 Order of the Employees’ Provident Fund Appellate Tribunal. The Respondent No.2 passed an Order dated 30.07.2002 under Section 7A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as ‘the Act’) demanding a contribution of Rs.12,61,901.25 for the period from 06/1996 to 06/2000 with respect to 231 temporary employees employed by the petitioner. The petitioner filed a Review under Section 7B of the Act, and the Respondent No.2 passed Ext.P2 Order reducing the contribution to Rs.9,32,214.00 for 162 employees. The petitioner challenged the Ext.P2 Order before the Tribunal by filing an appeal, and the Tribunal passed the impugned Ext.P4 Order dismissing the appeal.
2. I heard the learned Counsel for the petitioner, Sri. V.
Krishna Menon, and the learned Standing Counsel for the Respondents, Sri. Thomas Mathew Nellimoottil
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