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sumesh   24 April 2008 at 10:20

SC rules that leave encashment shoul not be included in wages for PF calculation

Dear Sir

Wrt the recent supreme court ruling of
Civil Appeal No. 1832 of 2004
With Civil Appeal Nos. 2535, 2536, 2539, 2540 and 2541 of 2004

MANIPAL ACADEMY OF HIGHER EDUCATION

Vs

PROVIDENT FUND COMMISSIONER, it has been mentioned very clearly that leave encashment should not be included in wages for PF calculation. My query is whether there are any circulars/ notification to the above and do we discontinue deducting PF on leave encashment going forward based on the apex court ruling.

sandipb14   23 April 2008 at 16:54

Bonus -I need the judgement

APPLICABILTY OF PAYMENT OF

BONUS ACT, 1970

CAN ANY BODY SENT ME THE JUDGEMENT ?

It is self contained and independent Code as held by Supreme Court.



Neither the definition of ‘employee’ nor any other provision of the Act provides that the employees engaged through the contractor will be entitled to bonus as provided under the payment of Bonus act, 1970.



The Contract Labour (Regulation & abolition) Act nowhere provides that the employees of the contractor will be entitles to bonus from the principal employer.



Ruling – The Kerala High Court has held that the principal employees of the contractor since bonus does not come within the purview of ‘wages’ under the contract labour (Regulation & Abolition ) Act.



(commico Burani zinc Ltd.v. pappacham, 1989 LLR 123 (Ker.HC)

rajkolkar   22 April 2008 at 19:02

software employee

my query is whether an software employee with an basic pay of Rs 7000/- can approach labour court for redressal against his employer.

hanif   22 April 2008 at 13:51

Fixation of salary

Hi,
I am working in an automobile dealership. As per govt.rule we have to deduct PF from the employee's salary employees are not ready to become the PF member.Then How I have to fix their salry so that as less as I can deduct from their salry.Befor that I was got the answer from this website that I have to fix the basic of all employees above 6500.But I am asking you what about the employees whose gross salary is below 6000 or 5000 or 4000 then what I have to do? How I have to fix their salary structure. Please reply me soon.

BRAJENDRA SINGH   22 April 2008 at 10:05

SC decision in AK Bindal v UOI 2003(2)LLJ 1078

Please provide me copy of the abovesighted judgement of the Hon'ble Court.

BRAJENDRA SINGH

PBS KUMAR   22 April 2008 at 06:35

PF DEDUCTION

Dear Sir,

In our 'factory' we are having 3 contractors for various job works. They are having PF / ESI numbers for their own. They promptly deducting the statutory PF/ESI. But recently one more contractor engaged by our company for small civil works. They are engaged daily labour seven numbers, they are not having any PF/ESI numbers. They approched PF authorities they said minimum 20 mambers required. At that time what we have to do. Usually most of the companies they engaged small job works to small contractors. If such cases what is roll of the employer.
Regards,

PBS KUMAR

BRAJENDRA SINGH   21 April 2008 at 21:00

Following of Government Orders by Bureaucrates.

Please give opinoin whether Government Orders(G.O.) issued by a State Government is binding upon Bureaucrates, or they can by pass or rather ignore a G.O. while taking a decision , provide any Court Decision if available in this regard.

BRAJENDRA SINGH

BRAJENDRA SINGH   21 April 2008 at 20:55

Non payment of wages.

whether a managing director of a public sector corpration which wholly owned by a state in terms of share capital, can deny salary to employees on the ground of financial constraints of the corporation.

further, is there any law which bans employer too from drawing salary himself when he is denying salaries to employees over the issue of financial constraints, please provide in case any judgement has been passed in this reference.


looking forward for your guidance

BRAJENDRA SINGH

hanif   21 April 2008 at 17:33

Difference between Salry & Wages and All PF types

Hi,
What differences are there between wages & salary? Also please let me know the difference in detail between ppf,gpf,epf?
...........Hanif

PBS KUMAR   21 April 2008 at 16:54

RETAINER SHIP FEE

Sir,

Is the "Retainership Fees" are attracted the PF deductions ?

Regards,

PBS KUMAR