sandipb14
23 April 2008 at 16:54
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
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
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
Please provide me copy of the abovesighted judgement of the Hon'ble Court.
BRAJENDRA SINGH
PBS KUMAR
22 April 2008 at 06:35
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
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
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
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
Sir,
Is the "Retainership Fees" are attracted the PF deductions ?
Regards,
PBS KUMAR
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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.