WP/5313/2010 + Ors. : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5313 OF 2010 The Nasik District Central Co-op. Bank Ltd., Nasik ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents a/w WRIT PETITION NO.4431 OF 2010 The Nasik District Central Co-op. Bank Ltd., Nasik ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents a/w WRIT PETITION NO.7436 OF 2010 Dattatraya Maharaj Kalambe ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents AND WRIT PETITION NO.7437 OF 2010 The Pravara Sahakari Bank Ltd. ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents Mr.B.V. Bukhari for Petitioners Mr.Suresh Kumar for Respondents WP/5313/2010 + Ors. : 2 : WRIT PETITION NO.6671 OF 2010 The Yeola Merchants Co-op Bank Ltd., Nasik ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents a/w WRIT PETITION NO.6510 OF 2010 Nashik Jilha Mahila Vikas Sahakari Bank Ltd., Nasik ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents a/w WRIT PETITION NO.6511 OF 2010 Samarth Co-op Bank Ltd., Nashik ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents a/w WRIT PETITION NO.6512 OF 2010 Vini Merchants Co-op. Bank Ltd. ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents a/w WRIT PETITION NO.6513 OF 2010 Independence Co-op. Bank Ltd. ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents WP/5313/2010 + Ors. : 3 : AND WRIT PETITION NO.6514 OF 2010 Mahesh Co-op. Bank Ltd. ... Petitioner V/s. Employees Provident Fund Organisation & anr. ... Respondents Mr.S.K. Shinde for Petitioners Mr.Suresh Kumar for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 15, 2010 P.C.: 1. The issue involved in these petitions is whether Pigmy Agents/Pigmy Deposit Collectors are entitled to provident fund. According to the petitioners in all these petitions, the Pigmy Agents/Pigmy Deposit Collectors though may be workmen as held by the Supreme Court in the 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 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. WP/5313/2010 + Ors. : 4 : 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 Petitions are disposed of in the above terms.