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2019 (7) TMI 1855 - SC - Indian LawsInterpretation of statute - scope of "employee" Under Section 2(f) of the EPF Act - whether the women workers employed by the Respondent Company are covered by the definition of "employee" Under Section 2(f) of the EPF Act or not? - HELD THAT:- The definition of "employee" Under Section 2(f) of the EPF Act is an inclusive definition, and is widely worded to include any person engaged either directly or indirectly in connection with the work of an establishment - In the present case, the women workers employed by the Respondent Company were provided all the raw materials, such as the fabric, thread, buttons, etc. from the Respondent - Employer. With this material, the women workers were required to stitch the garments as per the specifications given by the Respondent Company. The women workers could stitch the garments at their homes, and provide them to the Respondent Company. The Respondent Company had the absolute right to reject the finished product i.e. the garments, in case of any defects. The mere fact that the women workers stitched the garments at home, would make no difference. It is the admitted position that the women workers were paid wages directly by the Respondent Company on a per-piece basis for every garment stitched. The issue in the present case is squarely covered by the decision of this Court in Silver Jubilee Tailoring House and Ors. v. Chief Inspector of Shops and Establishments and Ors. [1973 (9) TMI 100 - SUPREME COURT]. The Appellants therein were engaged in the business of producing garments. They employed workers who were provided with the cloth, and were instructed by the Appellants how to stitch it. The workers were paid on piece-rate basis. If a worker failed to stitch a garment as per the instructions, the Appellants rejected the work, and asked the worker to re-stitch the garment. This Court held that such workers fell within the definition of "person employed" Under Section 2(14) of the Andhra Pradesh (Telangana Area) Shops and Establishments Act, 1956. In the present case, the women workers were certainly employed for wages in connection with the work of the Respondent Company. The definition of "employee" Under Section 2(f) is an inclusive definition, and includes workers who are engaged either directly or indirectly in connection with the work of the establishment, and are paid wages - In the present case, the women workers were directly engaged by the Management in connection with the work of the Respondent Company, which was set up as a ready-made garments industry in Marathwada. The women workers were paid wages on per-piece basis for the services rendered. Merely because the women workers were permitted to do the work off site, would not take away their status as employees of the Respondent Company. The Order dated 19.04.1993 passed by the Appellant No. 1 is restored. The Respondent Company is directed to deposit the amount assessed by Appellant No. 1 towards Provident Fund dues of the women workers within 1 month from the date of this Judgment - appeal allowed.
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