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2010 Supreme(All) 1619

DILIP GUPTA
GORWARE ELECTRONICS LTD. – Appellant
Versus
REGIONAL PROVIDENT FUND COMMISSIONER – Respondent


Advocates:
Counsel :
Navin Sinha and Vipin Sinha for the Petitioner; Rakesh Tiwari for the Respondents.

JUDGMENT

Hon’ble Dilip Gupta, J.—The petitioners have sought the quashing of the order dated 5th May, 1995 passed by the Regional Provident Fund Commissioner, Meerut by which he has held that the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the ‘Act’) will also apply to the trainee employees of the petitioner-Company and has directed for enrollment of the trainees under the Act.

2. On 12th December, 2006, notices were issued to the respondents by registered post to engage another counsel fixing 22nd January, 2007, but till date no counsel has put in appearance on behalf of the respondents and nor has any counsel appeared to oppose the petition even in the revised list.

3. It is the submission of Ms. Manisha Ambwani, learned counsel for the petitioners that ‘trainee’ employees are not ‘employees’ under Section 2(f) of the Act and in support of her contention she has placed reliance upon the decision of the Supreme Court in The Regional Provident Fund Commissioner, Mangalor v. M/s. Central Aercanut & Coca Marketing and Processing Co-op. Ltd., Mangalor, (2006) 2 SCC 381.

4. In this connection, she has pointed out that th









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