In Brief
This appeal concerns whether retired railway employees who withdrew accumulations from General Provident Fund (GPF) during service should be treated as 'excluded employees' under the Employees' Provident Fund Scheme 1952, thus exempting them from mandatory membership when re-employed. The Supreme Court held that the term 'excluded employee' refers only to withdrawal from the Fund created under the 1952 Scheme itself, not from any other provident fund. The definite article 'the' before 'Fund' in the relevant provisions makes clear the reference is exclusively to the 1952 Scheme fund. Therefore, retired railway employees who withdrew GPF accumulations cannot claim exclusion status and must join the 1952 Scheme when re-employed. The appeal was dismissed, upholding the High Court Division Bench judgment."}
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