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RAKESH TRIKHA (Associate Professor)     27 January 2013

Epf calculations

Respected experts,

please guide me through following problem

I was enrolled as epf member by 7-A judgment by Hon'ble Regional Provident Fund Commissioner on 26/09/2011 from 1985 november on my complaint to pf office
 
EPF calculations were done on submissions of 3A/6-A by the establishment
 
We chalenged 3-A/6-A because wages were reduced by the establishment
Establishment reduced our wages by reducing our basic pay and DA were not included after 1995 .
 
On our complaint enquiry was conducted by APFC and collected the record from the establishment
 
But now he has ordered determination of dues under fresh 7-A enquiry and prepared calculation chart on basic pay only and has removed DA part completely from 1985 however DA is an integral part of wages and was taken into account while deciding eligiblity of membership under 7-A enquiry
 
We have appealed to RPFC and APFC for this discripency but no action is taken and on our repeated requests we are impleaded as party and have been asked to appear before APFC and file written reply
 
I am enclosing sample calculations in document form
 
please guide me accordingly
 
You have been advising me earlier too and was a great guide in fighting in my case
 
thanks in advance
 
regards
 
 sample of calcuations
 

(EE-1  = Employee share in Account No.1 , ER-1  = Employer Share in Account N0.1

ER –X Employer share in Pension Fund (celling limit @ 8.33% of 5000))

 

(Account No. II =  Admn Charges( 1.167%       Account XXI(21) = EDLSI( 0.5%))

 

 

 

Sample -1 ( 10% of Basic pay only excluding DA)

 

Year

Month

Basic

 DA

wages

EE-1

EE-X

ER-1

ER-X

II

XXI

XXII

Total

2000

January

10650

4047

14697

1065

0

648

417

117

53

0

2300

 

 

 

Sample -2 ( 10% of Basic + DA)

 

 

 

Year

Month

Basic

 DA

wages

EE-1

EE-X

ER-1

ER-X

II

XXI

XXII

Total

2000

January

10650

4047

14697

1470

0

648

417

162

53

0

2750

 

 

 

Sample – 3 ( 12% of Basic + DA)

 

 

 

Year

Month

Basic

 DA

wages

EE-1

EE-X

ER-1

ER-X

II

XXI

XXII

Total

2000

January

10650

4047

14697

1764

0

861

417

162

53

0

3257

 

 

 

Employer share is  not limited to celling limit as far EPF contribution is concerned but pension fund is limited to celling limit.

 

Please guide which calculations are correct

 

The  learned Assistant Provident Fund commissioner while determining the dues under section 7-A against  an Educational Institute ( govt. Aided)  is calculating  EPF contribution as per sample – 1.

 

 

 

Please guide  whether he can do like this . Appeal are made to correct the calculations

 

Please guide if he is wrong where we can file an appeal

 

 

 

Thanks and regards to all

 

Please reply as soon as possible as we have to appear before  learned  APFC in 7-A enquiry next week and file reply



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     02 February 2013

If assesementis not made correctly then file case under section 7B and then to Appellate Tribunal.


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