Arihant AC
22 December 2008 at 19:22
Respected Sir,
Here I want some clarification as in our Firm 1 P.F. Inspector has visited for inspection. As per his Oral order He had demand PF. Challans files, Audit Report & Contract TDS Details for last 5 years (i.e. till last date of inspection he has demand). We had submitted same to him but he refused to signed as he received the same.
Now after seeing Audit Report the P.F. Inspector has claim to paid P.F. on said Exp.
1. Purchase of Cars, stores, Labour Exp. (In which labour Bill are complete out side material purchase & workdone outside premices)
2. Free Services Exp. (This is a Free Service done to New Vehicles & Claims unsettled at Manuf. )
3. Freight, Octroi & Unloading Exp. (This Exp. is for New Car Unloading by Transporter done by them)
4. Advertise & Sales Promotion (The payment made to Press & other Add Maker of Advertising purpose)
5. Commission Exp. ( Paid to Auto Consultant & Big Broker in which TDS is Deduct at prof. Level)
6. Hospitality Exp. (Paid for Hotels Bills & Refreshment made for Company's Inspection done by Manufacturer).
7. Security Charges. ( He is complying under PF from his own PF. No.).
8. Salary & Wages Exp. (In which we had already paid PF contribution of those Employees whose Salary is under Rs. 6500/- while others are exempted. In this Account Incentive is paid at quaterly & also Bonus & retrachment Salary is also includes).
9. Apprentice Exp. ( of whom we had there contract registerd under Apprentice Act)
Sir, I want to know that our firm is paying P.F. regularly before 15'th of every month & near about all Employees are covered under EPF Act as per laws, then whether P.F. Inspection is necessary because as per our knowledge as per misuse of instructions issued vide compliance – 2000 of EPFO where it is clear mentioned about not to do Inspection in running Establishment without any notice. In our Case he had not served any notice also to us from which we can get some base whether PF Inspection can be made or not. Our Co. has recd. P.F. Slip for the period 2006-07 after reconcillation of Accounts under EPF.
Please guide me by section whether on which amount PF is applicable.
Please reply urgent
Please reply soon
Regards,
Nehal
ajay ahluwalia
22 December 2008 at 15:14
I am writting with a lot of hope that some bright minds from the legal faternity would surely reply back and give some suggestions...
A group of employees were not made member of EPF by a exempted establishment in the year 1973 to 1976.RPFC ordered to make them member against this order management made a appeal before central Government,which was rejected.Management again went in appel to Supreme court which was rejected in 1995.As per rule of exempted establishment as well as rule 60 of EPF scheme a member is entitled to interest.Will the employees be entitled to interest from they day they were made member?If yes can any one suggest a few citations.
Nagesh
22 December 2008 at 10:17
Hi all,
Whether PF is applicable to Apprentice? what is the employee definition in Employee PF and miscellaneous provisions Act.
Anil Akuri
21 December 2008 at 21:13
I would like to bring the following case to your notice. Please let me know your views and suggestions on how to get company support on this issue.
A friend of mine is working with EDS (now it is a HP Company) from December ‘2006 in Chennai location. In the month of June 2007 he found that his Kidneys were infected and advised by Doctors that he should take treatment immediately to become normal then he immediately informed his reporting manager his health condition and got his approval to go for treatment thereafter he conducted his treatment for four to five months and found that he should go for Kidney Transplantation to survive his life. In that four months duration he got his monthly salary from EDS for a couple of months one day his manager called him and said that EDS will not be able to pay salary for more than 2 months but long medical leave is allowed with out compensation till he recovers for which my friend was ok. After sometime he was trying to reach his manager to find out the process of claiming the medical bills as he badly wanted some money to continue his treatment but his manager was trying to avoid his calls somehow my friend finally reached one of the HR Person of EDS and understood that his manager informed HR team that my friend was absconding from his duties which was a shocking news for my friend. He explained the whole thing and his health condition to the HR person then she realized the situation and agreed to settle his bills. When he was trying to contact the HR Person again for settling the bills he understood that a new person replaced that position and the new person gave a feedback that he is not in EDS Payroll at all after hearing these words he couldn’t understand what to do at the same time his health condition was also deteriorating day by day so he concentrated more on his treatment and got operated for transplantation in the month of May 2008 after the operation also he faced lot of problem to become normal now he is ok. He tried reaching many times the HR Team of EDS recently for claiming his bills but there is no response from any of the HR Person, now he doesn’t know what to do.
He just informed his manager orally and got his approval then went for treatment but didn’t have any written communication on his leave / leave approval.
He didn’t get any notice letter from EDS claiming that he is absconding from his duties.
Please provide your valuable suggestions in handling this issue.
Thanks,
Anil
Vikas Kr. Sinha
21 December 2008 at 10:49
Hi friends,
I am in need of a decision of High/S.C in the follwing subject:
Postal Peons who wrote "Refusal Note" on the envelop of a registered notice issued by the court, is not required to be examined as a witness. Only the remark "Refusal" is sufficient for the purpose of proving the fact that the party refused to accept the notice.
Vikas
vinod bansal
20 December 2008 at 18:12
Sir plz send me some citation regarding payment of as per minimum wages act.in fact i was unlicenced contractor for a piecework in hafed Haryana & later on 51 labourer filed a complaint under MW Act claiming payment of remaining amount.Any claimant labourer has never done work with me there is no any documentary proof of their working with me,they has filed a false case against me,plz send me some favourable citations...Thanks
Arihant AC
19 December 2008 at 17:42
Hi everybody,
I want Judgement of High Court & Supreme Court V/s. Sugar Factory under section 7A matter & 14B/7Q.
Its Urgent
Regards,
Nehal
Keshav Kumar Saxena
18 December 2008 at 18:43
Dear Sir,
Kindly tell me whether a limited company newly incorporated as per company act 1956 and having more than 500 employees should provide bonus ?
Jaydeep Kurup
18 December 2008 at 14:03
A company wants to keep its factory closed due to scarcity of work. An agreement has been entered with the union for 50% wages.
Does this amount to lay off ?
Whether permision of labour inspector will be required (inspite of an agreement) ?
Kindly advise.
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Trade Unions Act
Dear friends
Whether the terms "any person" under section 11 of the trade union act, includes any individual, not being the office bearer of the trade union whose registration has been cancelled under section 10.
Any decision in this subject?