KANYAKUMAR Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) This writ petition has been filed aggrieved by the proceedings bearing No.TN/NGL/ENF/CIRCLE 32/4144/2018 dtd. 1/3/2018, issued by the respondent under Paragraph No.26(B) of the Employees' Provident Fund Scheme, 1952, requiring the petitioner bank to enroll the jewel appraisers of the petitioner Bank under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act, 1952'), by treating them as employees under Sec. 2(f) of the Act, 1952, and to pay Provident Fund contributions from the date of joining of the respective jewel appraisers.

(2.) Heard Mr.D.Shanmugaraja Sethupathi, learned counsel for the petitioner and Mr.J.S.Murali, learned counsel for the respondent.

(3.) According to the learned counsel for the petitioner, the jewel appraisers appointed by the petitioner Bank are not employees within the meaning of Sec. 2(f) of the Act 1952, as they were appointed only for the purpose of assessing the purity and quality of the gold jewellery offered to the petitioner Bank for availing the gold loan facility, and that the jewel appraisers are being paid commission charges from out of the service charges collected by the petitioner Bank from the respective loanees. Learned counsel for the petitioner further contended that the jewel appraisers are being paid commission charges as and when their services were utilized, and no fixed monthly or daily wages are being paid to them. He also further contended that the jewel appraisers appointed by the petitioner Bank are not borne on the cadre and are not governed by the Service Rules that are applicable to the employees of the petitioner Bank. He further submitted that the jewel appraisers does not satisfy the basic attributes of an employee and, therefore, the impugned order passed by the respondent requiring the petitioner to enroll the jewel appraisers of the petitioner Bank as members of the Employees' Provident Fund Scheme is liable to be set aside.