Options C and D describe persons explicitly included in the definition of 'employee' under Section 2(f). Option C covers employees employed by or through a contractor [Section 2(f)(i)]. Option D covers apprentices not engaged under the Apprentices Act, 1961 [Section 2(f)(ii)]. Therefore, persons described in C and D are employees.The main part of the definition requires a person to be "employed for wages in any kind of work... in connection with the work of an establishment" AND to "get his wages directly or indirectly from the employer". Option A describes the first part of this conjunctive requirement. Option B describes the second part (using "salary" for "wages"). A person must satisfy both for the main definition to apply.Option B describes "Any person who gets his salary directly or indirectly from the employer". Simply receiving a salary (or wages) from the employer does not, in itself, guarantee that the person is "employed for wages in any kind of work... in connection with the work of the establishment" as required by the Act. For instance, a non-executive director receiving director's fees, or a consultant receiving a fixed monthly payment, might receive funds from the employer but may not be considered "employed for wages" in the specific sense of the Act's definition covering regular employment relationships in connection with the establishment's work. Therefore, a person fitting only the description in B is not necessarily an employee under Section 2(f).
Who among the following is not an employee under Section 2 (F) of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 ?
Asked in UPSC CISF AC EXE 2018 · Topic: The Parliamentary Act (Powers and Functions of Parliament (Legislative, Executive, Financial, Constituent))
Show answer
Answer: B. Any person who gets his salary directly or indirectly from the employer
More Indian Polity and Governance questions
- Under the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, which of the following is the appropriate Government for the employees of an establishment having branches in more than one State ?
- Which one of the following statements about layoff as stated in Chapter V B of the Industrial Disputes Act, 1947 is not correct ?
- ‘A’ cuts down a tree on ‘B’s land with the intention of dishonestly taking the tree out of ‘B’s possession without ‘B’s consent. What offence is committed by ‘A’ ?
- 'A' was at work with a hatchet with full precautions. While working, the head of the hatchet flies off and kills a man who was standing nearby. 'A' has committed no crime under which one of the following Sections of the Indian Penal Code, 1860 ?
- Which one of the following offences under the Indian Penal Code, 1860, is cognizable and non-bailable?
- 'A' with the intention of murdering 'Z', instigates 'B', a child under seven years of age, to do an act which causes 'Z's death. 'B' in consequence of the abetment, does the act in the absence of 'A' and thereby causes 'Z's death.
- The term 'workman' under the Workmen's Compensation Act, 1923, includes who among the following persons?
- The Code of Criminal Procedure, 1973, does *not* expressly provide for which one of the following?