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Showing contexts for: para 26b in Ocean Well Exports vs Assistant Provident Fund Commissioner on 15 September, 2022Matching Fragments
7. On the other hand, learned counsel appearing on behalf of the first respondent, EPF Organization countered the argument of the learned counsel for the petitioner and submitted that the petitioner's establishment is covered under the employees provident fund and engaged in fish processing and non-vegetarian food preservation; thus would be covered under Section 1(3)(b) of the Act with effect from 15.9.2009. All the technicians were from Philippines and could not fall within the definition of excluded employees as provided para 83 of the 1952 Scheme as there is no such proof that international workers had been contributing to a social security programme of his country of origin, either as a citizen or a resident with whom India has entered into a social security agreement on reciprocity basis and enjoying the status of detached worker. There has been an amendment in para 26, 26A and 26B with effect from 7.5.2014 where every international worker (other than the excluded employee), employed as on 1 st day of October, 2008, in an establishment to which this scheme applies, shall be entitled and required to become a member of the fund with effect from the 1st day of November, 2008. Section 2f dealing with the definition of employee of Act would mean any person who is employed WP(C) NO. 20516 OF 2022 for wages in any kind of work, manual or otherwise or in connection with the work of (an establishment), and who gets his wages directly or indirectly from the employer.