WP/7520/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7520 OF 2010 Janseva Co-op. Bank Ltd., Nashik ... Petitioner V/s. Employees Provident Fund Organization, Nashik & Anr. ... Respondents Mr. Sandeep Shinde for the Petitioner. Mr. Suresh Kumar for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATE : 12 TH JANUARY, 2011. P.C. : 1. The issue involved in this Petition is whether Pigmy Agents/Pigmy Deposit Collectors are entitled to provident fund. According to the petitioner, the Pigmy Agents/Pigmy Deposit Collectors though may be workmen as held by the Supreme Court int he case of Indian Banks Association vs. Workmen of Syndicate Bank & Ors., 2001 I CLR 986, are not employees within the meaning of section 2(f) of the Employees Provident Fund and Miscellaneous Provisions Act. It appears that a notice has been issued to all the petitioners u/s. 7A of the EPF Act calling upon them to show cause why they are not liable to pay provident fund contributions in respect of the Pigmy Agents/Pigmy Deposit Collectors. It appears that the proceedings before the Assistant Provident Fund Commissioner u/s. 7A WP/7520/2010 2 are still pending. However, the apprehension of all the petitioners was that the matter would be decided without considering the applicability of the Employees’ Provident Fund Act to the Pigmy Agents/Pigmy Deposit Collectors. 2. In my view, the Petition can be disposed of in the following manner : (i). The Assistant Provident Fund Commissioner who is seized of the enquiry u/s. 7A shall not pass any order determining the liability of the petitioners without considering the applicability of the Act qua the Pigmy Agents/Pigmy Deposit Collectors. (ii). The Assistant Provident Fund Commissioner shall consider this issue as also the other issues on merits while passing any order u/s. 7A of the Employees Provident Fund and Miscellaneous Provisions Act. 3. Writ Petition is disposed of in the above terms.