NDLI: The Officer in Charge, Sub-regional Provident Fund Office & Anr. Vs. M/s Godavari Garments Limited

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	EPF act Definition of 2(f) Employee ss. 7-A
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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Employees’ Provident Fund and Miscellaneous Provisions Act, 1952: ss. 7-A, 2(f) – Employee – Definition of – Company engaged in producing garments, employed women workers – Workers provided raw materials-fabric, thread, buttons, to stitch the garments at their homes as per the specifications given by the company and the workers provided them to the company – Workers, if covered by definition of employee u/s. 2(f) – Held: Defi- nition of “employee” u/s. 2(f) includes any person engaged either directly or indirectly in connection with the work of an establishment, and are paid wages – Women workers were directly engaged for wages in connection with the work of the company – They were paid wages directly by the company on a per-piece basis for every garment stitched – Merely because the women workers were permitted to do the work off site, would not take away their status as employees of the company – Further, the Company had the absolute right to reject the finished product, in case of any defects – Thus, the women workers are covered by the definition of “employee” u/s. 2(f) – Order passed by the High Court that workers are not the employees of the company, set aside – Com- pany to deposit the amount towards Provident Fund dues of the workers within the stipulated period. Interpretation of the EPF Act – Held: Employees’ Provident Fund and Miscellaneous Provisions Act is a beneficial social welfare legislation, enacted by the Legislature for the benefit of the workmen – Thus, the provisions have to be interpreted in a manner, beneficial to the workmen
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 805
Petitioner	The Officer In Charge, Sub-regional Provident Fund Office & Anr.
Respondent	M/s Godavari Garments Limited
SCR	[2019] 9 S.C.R. 1101
Judgement Date	2019-07-24
Case Number	5821

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