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AIR 2006 SUPREME COURT 971
::2006 AIR SCW 449
Supreme Court Of India
Hon'ble Judge(s):
R. V. Raveendran
, J
( A ) Employees Provident Funds and Miscellaneous Provisions Act (19 of 1952) S. 2 (f) — Industrial Employment (Standing Orders) Act (20 of 1946), S. 12A — Apprentices Act (52 of 1961), S. 2(aa)— Model Standing Order No.2 — ‘Employee’ — Apprentice/Trainee engaged under the Apprentices Act or under the Standing Orders is excluded from the definition.Section 2(f) of the EPF Act defines an employee to include an apprentice, but at the same time makes an exclusion in the case of an apprentice engaged under the Apprentices Act or under the Standing Orders. Under the Model Standing Orders an apprentice is described as a learner who is paid allowance during the period of training. In the case at hand, trainees were paid stipend during the period of training. They had no right to employment, nor any obligation to accept any employment, if offered by the employer. Therefore, the trainees were ‘apprentices’ engaged under the ‘Standing Orders’ of the establishment. It cannot be said that the trainees were employees in terms of S. 2 (f) of the Act. In other words, an apprentice /trainee engaged under the Apprentices Act or under the Standing Orders is excluded from the definition for purposes of EPF Act. (Paras1012).....
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