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2011 Supreme(Mad) 2788

K.CHANDRU
Bharat Sanchar Nigam Ltd. , Chennai Telephones, Rep. By its Chief General Manager – Appellant
Versus
Union of India, Rep. By Secretary to Government – Respondent


Advocates Appeared:
For the Petitioners:Manoj Sreevatsan, Advocate.
For the Respondents:R1 - P.V. Sudakar, CGSC, R2 & R3 – Vibhishanan, R4, R5, R6 & R9 - V. Srividya, R4 - V.P. Raman, R5 - C.S. Monica, Advocates.

JUDGMENT :-

1. In these three writ petitions, the question that arises for consideration is whether the pre-induction training period undergone by the petitioners in the Bharat Sanchar Nigam Limited (for short BSNL) is covered for the purpose of deducting subscription towards Employees Provident Fund in terms of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short EPF Act)?

2. When the third respondent had conducted an Adalat in respect of provident fund matters during January, 2010, some of the contesting respondents who are working either as Junior Telecom Officers or Junior Accounts Officers, made a grievance that their training period was not counted for the purpose of coverage under the Act and therefore, they were aggrieved by the non coverage. The said matter was taken for giving ruling by the third respondent in terms of Paragraph 26B of the Employees' Provident Fund Scheme, 1952. Under the said paragraph, if any question arises whether an employee is entitled or required to become or continue as a member or as regards the date from which he is so entitled or required to become a member, a decision of the Regional Commissioner was made final. But pr























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