illegal deduction of wages
Suresh C Mishra
(Querist) 24 May 2009
This query is : Resolved
The employer has deducted both of shares of contribution from the salary of the employee. Is it a illegal deduction under the PW Act?
A V Vishal
(Expert) 24 May 2009
Deduction of what Mr Mishra, can you be a bit clear in your query
Guest
(Expert) 25 May 2009
It is illegal not only as per the provisions of Payment of Wages Act, but also violation of Employees' provident Fund & Miscellaneous provisions Act. You have to move a complaint before Assistant Provident Fund commissioner seeking his immediate indulgence and refund of the excess recovered amount. If you do not get any relief:
1. if you are in State Capital, file a writ petition in H.C., making pF department and employer as party, so that not only you but also unfortunate people get relief. If you are in Delhi, you can take our free legal aid in ONLY High Court.
2. if you are in other place than where H.C. is situated, then move application under Payment of Wages Act, for recovery of the amount.
Suresh C Mishra
(Querist) 25 May 2009
Mr. Prabhaker ji i am totally satisfied with the reply given by you. I am advocate at Lucknow High court and dealing with the case of labour laws and also doing some free job for the workers , thanks .
