Supreme Court of India · 2019-03-26
MODERN TRANSPORTN.CONSULTN.SER.P.LD. AND ANR. vs C.P.F. COMMR. THR. COMMR. E.P.F. ORGANISATION AND ORS.
- Citation / case number
- SC 2008/26479
- Court
- Supreme Court of India
- Petitioner
- MODERN TRANSPORTN.CONSULTN.SER.P.LD. AND ANR.
- Respondent
- C.P.F. COMMR. THR. COMMR. E.P.F. ORGANISATION AND ORS.
- Author
- HON'BLE MR. JUSTICE DINESH MAHESHWARI
- Bench
- HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court addressed the issue of whether retired Railway employees, who withdrew their provident fund upon retirement and were subsequently re-employed on a lump sum honorarium basis, should be classified as 'excluded employees' under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The Court overturned the High Court's decision, affirming that such employees do not qualify as excluded employees and are subject to the provisions of the Act and the Scheme. Consequently, the appeal was dismissed, upholding the applicability of the Act to the re-employed individuals.