LAWS(CAL)-2024-6-24

PASCHIM BANGA GRAMIN BANK Vs. UNION OF INDIA

Decided On June 21, 2024
Paschim Banga Gramin Bank Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this writ petition as filed under Article 226 of the Constitution of India the writ petitioner while challenging a proceeding and order dated June 25, 2015 under Sec. 14B of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 ( hereinafter referred to as the 'said Act') as passed by Regional Provident Fund Commissioner, Sub-Regional office, Durgapur/respondent no.2 herein has prayed for declaring Sec. 14 B of the said Act ultravires or inconsistent with Sec. 17(1-A) (d) (iv) of the said Act vis-a-vis with Article 14 of the Constitution of India with a further prayer to read down Sec. 14B of the said Act along with other ancillary relief or reliefs by issuing necessary writs.

(2.) For effective adjudication of the instant writ petition the facts leading to filing of the instant writ petition is required to be discussed in a nutshell.

(3.) Originally one Mayurakshi Gramin Bank was independently existing as a regional rural bank and at that time it was an exempted establishment within the meaning of Sec. 17 (1-A) of the said Act and with the implementation of the Employees' Pension Scheme, 1995 the said Mayurakshi Gramin Bank started depositing contributions in the pension fund with the concerned regional provident fund commissioner.