The Pachora Peoples' Co-Op. Bank Ltd vs The Employees Provident Fund on 7 February, 2014
On this basis, it was contended
that even if the judgments in the case of Pachora Peoples' Co-op.
Bank Ltd. v. Employees Provident Fund Organization (supra) were
confirmed by the Hon'ble Supreme Court in the case of Nashik
Merchant Cooperative Bank Ltd. v. The Regional Provident Fund
Commissioner II (supra), such judgments were on a concession
given by the counsel agreeing to remand of the matters before the
Authorities under the Act of 1952 and that being in ignorance of
the said position of law regarding binding effect of award under
section 18(3)(d) of the Act of 1947, the judgments in the case of
Pachora Peoples' Co-op. Bank Ltd. v. Employees Provident Fund
Organization (supra) were per incuriam and not binding on this
Court. As noted above, alternatively, it was submitted that this
aspect was required to be referred to a Full Bench of this Court.