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2018 Supreme(Ker) 461

ALEXANDER THOMAS
Sivagiri Sree Narayana Medical Mission Hospital – Appellant
Versus
Regional Provident Fund Commissioner, Employees Provident Fund Organisation – Respondent


Advocates Appeared:
For the Petitioner: Sri. Sajan Vargheese K., Sri. Liju. M.P, Advs.
For the Respondent: Sri. Pirappancode, V.S. Sudhir, SC

JUDGMENT :

The common question that arises in these cases is as to whether “trainee nurses” being engaged in hospitals, which also conduct nursing courses, would satisfy the definition of “employee” under Section 2(f) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952.

2. The petitioner in W.P.(C).No.14751/2017 is the Sivagiri Sree Narayanan Medical Mission Hospital, which is being run by the Sivagiri Madom, Varkala, Thiruvananthapuram District. According to the petitioner, it is running a Mission Hospital for effectuating charitable purposes of the Sivagiri Madam founded by Sree Narayana Guru and that the said hospital is also offering nursing courses, like B.Sc. Nursing, etc. As per the regulations of the statutory regulatory authorities like the Nursing Council constituted as per the relevant Central Enactments and State Enactments, a nursing student, who completes the course of study, is also obliged to complete training, which is akin to internship as envisaged in MBBS/BDS students in order to equip them to become full fledged professional practitioners in the field of nursing. To effectuate the obligation of the training institutions like the petitioners, e














































































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