Whether the loaders and unloaders engaged by the contractor are employee under EPF Act are not to be decided afresh by High Court since definition of employee and workman under EPF Act and I.D. Act are not identical. - The Employees Provident Funds and Miscellaneous Provisions Act, 1952
Definition of 'employee' under Industrial Disputes Act, 1947is not identical to the definition of 'employee' defined undersection 2 (f) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.Objects of definition of "employees" to Industrial Disputes Act, 1947 and under Employees' Provident Funds and Miscellaneous Provisions Act, 1952, are not identical. Any finding of the Court under Industrial Disputes Act, 1947will be of no consequence while deciding the question arising under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.
-Assistant Provident Fund Commissioner EPFO, Bareilly vs. M/s. Uttar Pradesh State Warehousing Corporation & Anr.2019 (S.C.)
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