Sir(s),
1. In this thread the issue raised is whether " interns who are paid stipend upto 6500 rs per month (are) covered under the definition of employee under the PF Act" or not ?
2. To my knowledge and belief as per my submission made earlier, if the said interns are not covered as "apprentices" under the Apprentices Act, 1961 then they are merely casual or temporary employees and coverable under EPF & ESI Acts.
3. However, in case their apprenticeship has been referred to a unit/factory under the said Act by the authorities created under Apprentices Act, then they will remain exempted only for the period of such apprenticeship. The words "or under the standing orders of the establishment" have been deleted from section 2(9) of ESI Act, 1948 vide amendment in the year 2010. Therefore, the judgments of various honourable courts as referred by Sh. Kumarji have no relevance so far as coverage of such employees under ESI Act are concerned. Further, the judgment of case titled Hassan Cooperative Milk Producers Society as quoted by Sh. Kumarji is on the issue of loading and unloading work and in my opinion is not related to coverage of so called "interns".
4. So far as definition of "employee" in EPF & MP Act is concerned the words "or under the standing orders of the establishment" are still there in section 2(f). However, in such cases, the question will arise whether the employer has made compliance of various provisions of The Industrial Employment (Standing Orders) Act, 1946 ?. This Act is applicable in 'industrial establishments" as defined under section 2(e) of said Act. Whether the said industrial establishment is such where there are 100 or more employees ( section 1(3) of said Act). Whether the establishment to which Sh. Kumarji has referred as employing only 35 regular workers is covered/coverable under said the Industrial Employment (Standing Orders) Act, 1946 ?. If not then under which provisions the said compliance of EPF & MP Act is not being made when there are no standing orders of the establishment ?. There may be a number of issues involved and appropriate authorities of EPF may take their own decision as per provisions of the said Act and on the basis of their own departmental instructions, if any. However, I full agree with the doubts and apprehensions as raised by Sh. Madhu T.K. In my opinion, Rs.6500/- per month is not a small amount and whether this amount has been determined by any authority under the Industrial Employment (Standing Order) Act, 1946 or under the Apprenticeship Act, 1961 as referred above may also be a very relevant issue as and when the question will arise.