LAWS(BOM)-2016-2-310

JANLAXMI CO Vs. EMPLOYEES PROVIDENT FUND ORGANIZATION

Decided On February 16, 2016
Janlaxmi Co Appellant
V/S
EMPLOYEES PROVIDENT FUND ORGANIZATION Respondents

JUDGEMENT

(1.) In this group of matters, common question sought to be raised by the Petitioners is, whether Pigmy Deposit Collectors employed by the Petitioners - Banks are entitled for the protection of the Employees Provident Fund and Miscellaneous Provisions Act, 1952.

(2.) Petitioner in Writ Petition No. 9634 of 2011 has challenged the final order passed by the Employees Fund Appellate Tribunal. The other Petitioners have approached this Court while their proceedings before the Provident Fund Authorities are pending. Since the Petitioners have raised a common issue of law, the Petitions have been clubbed together by orders passed by this Court.

(3.) While these Petitions were pending and ad-interim orders were granted in favour of the Petitioners, the issue regarding Pigmy Deposit Collectors arose for consideration before the Division Bench of this Court in The Pachora Peoples' Co-op. Bank Ltd. v. The Employees Provident Fund Organization (Ministry of Labour, Govt. of India), rendered in Writ Petition No.5086 of 2011 (Aurangabad Bench). The Division Bench disposed of the writ petition by judgment and order dated 7 February 2014. Before the Division Bench, submissions advanced, are reflected from paragraph 3 of the decision: