A K Singh
23 August 2018 at 16:00
I have some query regarding interpretation of some clause of above Act please help in interpretation of same.
Section 2(h) of above act is is as follow: -
2 (h) “Pension Fund” means the Pension Fund established under sub-- section (2) of section 3-E.
sub-- section (2) of section 3-E. of above act is as follow : -
3-E (2) Notwithstanding anything contained in section 3, there shall be established, as soon as may be after framing of the Pension Scheme, a Pension Fund into which there shall be paid, from time to time, in respect of every employee who is a member of the Pension Scheme,-—
(a) such sums, not exceeding one-fourth, of the amount payable to the Fund under sub-section (1) of section 10-D as the employer’s contribution as well as the employee’s contribution, as may be specified in the Pension Scheme;
(b) such sums as the Central Government may, after due appropriation made by Parliament by law in this behalf, specify;
(c) the net assets of the Family Pension Fund as existed immediately before the establishment of the Pension Fund; and
(d) any other contribution which may be made to the Pension Fund with the previous approval of the Central Government.
sub-section (1) of section 10-D is as follow : -
10-D. Payment of contribution by employers and recovery thereof from members .—
(1) The contribution shall be payable by the employer (hereinafter referred to as the employer’s contribution) and by the employee (hereinafter referred to as the employee’s contribution) at such rate as may be specified in the Coal Mines Provident Fund Scheme, and the employer shall pay the employer’s contribution as well as the employee’s contribution, whether or not he has recovered from any employee the employee’s share of the contribution.
if contribution rate is 12% by employee and 12% by employer in Coal Mines provident Fund Scheme i.e. 24%.
how much maximum contribution can be made in pension fund as per section 3 E (2).
whether it will be total 6% i.e. 3% by employee and 3% by employer ?
or total it can be 12% i.e. 6% by employee and 6% by employer ?
or whether it can be more than 12 % as per section 3E (2) ?
Thanks in advance for your kind help.
MAHESH
18 August 2018 at 22:18
Hello,
For calculation of DA as percentage of basic, government has some procedure. I understand that dearness allowance is not mandatory for publicly listed company such as Reliance industries or Tata Motors, etc.
However, If the publicly listed company decides to pay DA, can it do calculations for DA on its own or it has to follow government guidelines?
Thanks!
Kirti Sagar Singh
16 August 2018 at 01:17
Dear Sir/Madam,
I (Kirti Sagar Singh) S/O - Mr. Jitendra Narayan Singh, was working with Emkor Solution Limited (CIN - U74140DL2012PLC229812, Registered address - 511/2/1 RAJOKRI NEW DELHI DL 110038 IN, Corporate Address - 345-348, TOWER B SPAZE ITECH PARK, SECTOR 49 GURGAON 122018, latter shifted to - UNIT NO- 547,549 & 550, FIFTH FLOOR, TOWER B, SPAZE ITECH PARK, SECTOR 49, GURGAON 122018) E-code 1051 from March 20, 2013 to December 04, 2015.
Emkor Solutions Limited is holding my last three months’ salary (September, October, November, till 4th December 2015, and previously declared bonus. They have also deducted TDS on amount part of my agreement, and issued the salary slip. However, payment has not been made.
As per letter given by Employer, my Full and Final settlement should have been processed within 120 days from my last working days (December 04, 2015).
I tried to approach the employer (Emkor Solution Limited) including MD CEO - Mr. Vikram Dham (DIN – 05153494) through various mode in this regard. However, did not receive even a single revert. I am still waiting for My full and final statement and employer is not responding. The company has also closed their operation now, however active with ROC/MCA.
I also registered Grievances with the concerned authority. However, did not receive resolution.
Could you please guide me the way forward.
Thanks,
Kirti Sagar Singh
anisha
12 August 2018 at 07:59
Sir,
I have worked at igims autonomous institute from 2feb2012-31mar2014(2yrs) on direct recruitment,after which I got selected at aiims patna through direct recruitment (1apr till date ie more than 4 yrs) on the same post as staff nurse gr 2(first batch of nurses at aiims). At aiims my pay got protected and my past service is counted.
As my past past service is counted now I have a total of more than 6 yrs.
Sir my question is
1) In our recruitment rule promotion for my next level requires 3 yrs in 4600 gr pay, and as my past service is counted I am eligible for promotion.will my promotion be from back date?
KATHIRVEL S
10 August 2018 at 17:54
Dear expert, We are a manufacturing industry received service from A ltd for dismantling and erection service. The gross value of the invoice is 5700000 rs and charged IGST rs 1026000. The net value is 6726000. He has mentioned in the invoice is to deduct 1% amount ( 67260 ) under BOCW act. In this case i have some doubt, Please clarify it.
01. Is GST applicable on rs 67260 or its exempt from GST.?
02. Is we are ( manufacturing industry ) liable to deduct & remit the labour cess to govt.? if yes, we shall issue or maintain any forms.?
Tuhin
08 August 2018 at 13:59
In LIC "Form of Application of dispense with Legal Evidence of Tite", Pont no. 8 given as - Give the full name, age and address of person of sound financial standing who is prepared to execute an Indemnity Bond jointly with the heirs of the deceased.
Pls explain what does it mean ?
mohan
05 August 2018 at 14:42
Seniority of all candidates of main list and reserve panel( waiting list) candidates will be as per marks secured in UPSC or seniority of reserve panel will be below of main list candidates??
Sita Mahalakshmi, T
03 August 2018 at 10:35
Dear Sirs,
Your kind attention is invited to the above-cited subject.
I have been working as a Medical Officer in one NGO Hospital since 17/2/2014 to till date.
As per the Appointment Order issued, Notice Period has been mentioned as Two Months on either side. It may kindly be noted that there is no practice of mentioning Retirement age in the Appointment Order even for freshers. All staff, irrespective of the cadre are entitled for 09 days Earned leave and 21 days CL. Un-availed leave if any, shall be lapsed at the end of the year.Working hours will be 9:00 am – 5:30 pm, 6 days a week.
On 24/07/2018 the HR Dept, has verbally informed me that the Management has taken a decision to Superannuate/retire me in view of my advanced age (65 years) hence, my Resignation Date will be taken on record as 30/09/2018 and accordingly, the HR Dept has served a letter mentioning my last working day as 30/09/2018 and has taken my acceptance. Kindly note, till date, I was not insisted submission of Resignation for my position.
The total uninterrupted working period since my joining in the hospital is as follows [inclusive of Public Holidays, Sundays and Paid Leave]:-
17/02/2014 - 31/12/2014 . more than 240 days worked 1st Year
01/01/2015 - 31/12/2015 more than 240 days worked 2nd year
01/01/2016 - 31/12/2016 more than 240 days worked 3rd year
01/01/2017 - 31/12/2017 more than 240 days worked 4th year
Details of total working days in 2018 5th year
01/01/2018 - 30/09/2018 Jan 31 days
Feb 28 days
Mar 31 days
Apr 30 days
May 31 days
June 30 days
July 24 days = 205 days
Notice Period: 2 months.
01/08/2018 to 31/08/2018 31 days
01/09/2018 to 30/09/2018 30 days
Total no of days worked in 2018 = 266 days
Leave break up for 2018:
Casual Leave availed from 01/01/ to 01/08/2018) 06 days
Earned Leave 09 days (entitled)
Un-availed Casual leave at credit 15 days
Note: As per appointment order, no employee is eligible to avail Leave during Notice Period,if so, same will be treated as Loss of Pay.
On going through the whole of the exercise seems to be an effort to avoid Payment of Gratuity which I am eligible for.
In view of the circumstances as envisaged, it is urged that matter may kindly be looked into in its own perspective and look forward your invaluable advice for which act of kindness I shall ever grateful and thankful to you,
Best regards,
Very truly yours,
Sita.T
chirag patel
31 July 2018 at 14:21
Are there any rules for flow of cases in Gujarat High Court. My case was Ruled and Amitted in July 2017. Till date it has not come on the board for final hearing. On the other hand my collegue case which was filed in July 16 with ruled and admitted in Feb 2018 and comes on the board on every friday. Are there any rules to finish the cases. I searched that my case is of service matter and classifed under Track-II.
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