Mmtc Limited vs Employees Provident Fund Organization on 3 October, 2012
5. Learned counsel for the Respondent on the other hand contends that
the test is whether the workers are employed directly or indirectly and even
if they are employed indirectly whether they would fall within the definition
of employees under Section 2(f) of the EPF & MP Act. Reliance is placed
on Section 8A of the Act which provides for the manner of recovery of
money by the employers and contractors. Reliance is also placed on Paras
30, 36 and 36B of the Employees Provident Fund Scheme. Referring to
Orient Paper Mills, Shahdol Vs. Regional Provident Fund Commissioner,
Jabalpur & Anr. 2006 (1) M.P.L.J. 209; Ram Singh & Ors. Vs. Punjab State
Co-op. Supply & Marketing Federation Ltd. & Ors. 2007 LAB I.C. 75;
Santokba Durlabhji Memorial Hospital Vs. Assistant Provident Fund
Commissioner 2000 L.S.(Raj) 192 and M/s. Goel Textile Industries & Anr.
Vs. Union of India & Anr. 1991 (62) FLR 436 it is contended that since this
is a beneficial legislation, an interpretation which does not defeat the object
of the legislation has to be resorted. Applying the test laid down it would be
seen that the employees were in their dual capacity, one as members of the
society and second as workmen/ employees of the society and thus, they are
entitled to the beneficial legislation.