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Supreme Court of India 2020-01-17 allowed

M/S. PAWAN HANS LIMITED & ORS vs AVIATION KARMACHARI SANGHATANA & ORS

Bench: 2 — Uday Umesh Lalit, Indu Malhotra

In Brief

Pawan Hans Limited, a government-owned helicopter services company, had engaged contractual employees but denied them provident fund benefits available to regular employees. The Supreme Court held that contractual employees directly engaged and paid by the Company fall within the definition of 'employee' under both the Company's own Provident Fund Trust Regulations and the Employees' Provident Funds Act. The Company could not claim exemption from the EPF Act because, though owned by the Central Government, it failed to satisfy the statutory requirement that all employees be covered under a government-framed scheme. The Court directed the Company to enroll contractual employees under its Provident Fund Trust Regulations from January 2017, with both employer and employee contributions, ensuring uniform service conditions."

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Labour Law Provident Fund Social Security Statutory Benefits Employees' Provident Funds Act Constitutional Guarantees Government Companies Contractual Employment

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