APPRENTICES ARE EXCLUDED FROM PF
COVERING APPRENTICES UNDER THE EPF ACT – LIABLE TO BE SET ASIDE
The grievance of the appellant in the appeal before the Employees’ Provident Fund Appellate Tribunal is that the order dated 26.05.2009 passed by the EPF Authority treating the Apprentices as regular employees is illegal.
The Appellate Tribunal has referred to section 2(f) of the Act and observed that apprentices engaged under the Apprentices Act or under the Standing Orders are excluded from the purview of definition of ‘employee’ under the Act and even the Investigating Officer of the department had not recorded any evidence to establish that the apprentices were working as regular workers. Hence, order of the EPF Authority is set aside and appeal allowed.
M/s. Ambika Cotton Mills Ltd. vs. RPFC, Madurai,
ATA Nos.514, 515 and 516(13)/2009 decided on 5.1.2012