| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | excluded employees’excluded employees’ Employees’ Provident Fund and Miscellaneous Provisions Act s. 17 (1) 1952 |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) |
| Case(s) Referred | Referred Case 0 |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Employees’ Provident Fund and Miscellaneous Provisions Act, 1952: s. 17 (1) – Exemption from Employees’ Provident Fund Scheme, 1952 – Retired employees of Railways who had withdrawn all superannuation benefits including full amount in their Provident Fund account – Re-employed on retainer basis with Private Limited Company – Whether covered under Provident Fund Scheme or were to be treated as ‘excluded employees’ in terms of Para 2(f) of the Scheme – Held: To be covered under the expression ‘excluded employee’ by virtue of clause (i) of para 2(f) r/w. clause (a) of para 69 (1), the employee must be such who was a member of the fund established under the Provident Fund Scheme and had withdrawn full amount of his accumulations in the said fund on retirement – The employees in question since were not the members of the Fund established under the Scheme, they could not have been treated as ‘excluded employees’ |
| Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
| Neutral Citation | 2019 INSC 399 |
| Petitioner | Modern Transportation Consultation Services Pvt. Ltd. & Anr. |
| Respondent | Central Provident Fund Commissioner Employees Provident Fund Organisation & Ors. |
| SCR | [2019] 5 S.C.R. 61 |
| Judgement Date | 2019-03-26 |
| Case Number | 7698 |
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