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Meal allowance and pf

(Querist) 21 October 2013 This query is : Resolved 
Dear Sir,

I want to know the ambit of recent Whirlpool case. we are a software company everyone having salary of 6500.We do not provide any food concession but we do pay meal allowance to every employ irrespective of whether he is on duty or on leave. Is this decision will be applicable on us also.
Guest (Expert) 21 October 2013
As per my understanding of the law, Section 2(b) defines the expression "basic wages" to mean "all emoluments which are earned by an employee while on duty or on leave or on holidays with wages in either case in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but does not include-

(i) the cash value of any food concession;

(ii) any dearness allowance that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living, house-rent allowance, overtime allowance, bonus, commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment;

(iii) any presents made by the employer;


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