Dear Srinath Sai Ram,
As desire by you to revert on the subject for academic purpose, firstly the thread started by Sikander Dogra stating that Our establishment registered under Punjab Shops and Establishment Act. it is mandatory to file Return under Payment of Wages Act in Form IV.
Nowhere Punjab Shops Act define Industrial Establishment and whereas POW Act Punjab Rules says about Industrial Establishments.
Based on the definition of Establishment as stipulated under the Shops Act one has to come to logical conclusion to file Annual Return under POW Act.
From India, Mumbai
16As desire by you to revert on the subject for academic purpose, firstly the thread started by Sikander Dogra stating that Our establishment registered under Punjab Shops and Establishment Act. it is mandatory to file Return under Payment of Wages Act in Form IV.
Nowhere Punjab Shops Act define Industrial Establishment and whereas POW Act Punjab Rules says about Industrial Establishments.
Based on the definition of Establishment as stipulated under the Shops Act one has to come to logical conclusion to file Annual Return under POW Act.
From India, Mumbai
Dear Vinayak Nagarkar,
I have not underestimated yours knowledge and display lack of maturity.
there is saying "Beware of false knowledge; it is more dangerous than ignorance:
“Discussion is an exchange of knowledge; an argument is an exchange of ignorance.”
From India, Mumbai
I have not underestimated yours knowledge and display lack of maturity.
there is saying "Beware of false knowledge; it is more dangerous than ignorance:
“Discussion is an exchange of knowledge; an argument is an exchange of ignorance.”
From India, Mumbai
Dear Azim
Thanks for your reply.Please note that Punjab Shops & Commercial Establishments Act is a State Legislation.You should not refer to the same for interpretation of The Payment of Wages Act, 1936 which is a Central Legislation.Where as for applicability & for enforcement you have to refer to respective state Rules i.e Punjab Payment of Wages Rules, 1937
Please note that there are several Central Acts like:The Minimum Wages Act, The Contract Labour Act, The Payment of Bonus Act etc.You have to refer to respective State Rules for Implementation & enforcement
your statement that " POW Act,is applicable for those establishment Whose appropriate government is central government" is not tenable legally
The very purpose of enactment of Act is defeated if it is applicable only to Central Government controlled establishments"
Further, you have also stated that"I beg to differ on the suggested submission of your and Sai Ram unless substantiate by proof there of" We have provided the proof" Please remember Learning is a continuous process,Little knowledge is dangerous .There are no short cuts in Legal matters.Ignorance of law can not be an excuse
For majority of Central Labour Legislations corresponding State Rules are enacted for implementation & enforcement.I have Notices received from State Labour department for not filing Annual Return under POWA by establishments registered under State Shops Act
Mr Vinayak has extensive knowledge in Legal matters by virtue of his consultance service & he has exhibited the same for the sake of forum members.We have to appreciate his knowledge & his gesture in correcting the forum members with his thoughts
From India, New Delhi
Thanks for your reply.Please note that Punjab Shops & Commercial Establishments Act is a State Legislation.You should not refer to the same for interpretation of The Payment of Wages Act, 1936 which is a Central Legislation.Where as for applicability & for enforcement you have to refer to respective state Rules i.e Punjab Payment of Wages Rules, 1937
Please note that there are several Central Acts like:The Minimum Wages Act, The Contract Labour Act, The Payment of Bonus Act etc.You have to refer to respective State Rules for Implementation & enforcement
your statement that " POW Act,is applicable for those establishment Whose appropriate government is central government" is not tenable legally
The very purpose of enactment of Act is defeated if it is applicable only to Central Government controlled establishments"
Further, you have also stated that"I beg to differ on the suggested submission of your and Sai Ram unless substantiate by proof there of" We have provided the proof" Please remember Learning is a continuous process,Little knowledge is dangerous .There are no short cuts in Legal matters.Ignorance of law can not be an excuse
For majority of Central Labour Legislations corresponding State Rules are enacted for implementation & enforcement.I have Notices received from State Labour department for not filing Annual Return under POWA by establishments registered under State Shops Act
Mr Vinayak has extensive knowledge in Legal matters by virtue of his consultance service & he has exhibited the same for the sake of forum members.We have to appreciate his knowledge & his gesture in correcting the forum members with his thoughts
From India, New Delhi
Dear Srinath Sai Ram,
You have given reply befitting with the matter but lack in academic knowledge and have protected the image of Vinayak for the reasons best known to you, and have failed to distinguish between Industrial Establishment and Commercial Establishment definition in the matter of filing Annual Return under POW Act and rules framed there under.
From India, Mumbai
You have given reply befitting with the matter but lack in academic knowledge and have protected the image of Vinayak for the reasons best known to you, and have failed to distinguish between Industrial Establishment and Commercial Establishment definition in the matter of filing Annual Return under POW Act and rules framed there under.
From India, Mumbai
Dear Azimji,
We are here to share knowledge.
Please educate members if they have failed to distinguish between industrial and commercial establishment citing definitions and clause number and which labour law, any high court/supreme court judgements on the distinction in the context of Annual Return under PWG Act/Rules.
It is possible we missed knowing the distinction.
Let me clarify I am not on this forum to build any image . Remarks of my colleagues are their own .
Like you , everybody here takes away knowledge through sharing.
Regards,.
Vinayak Nagarkar
HR-Consultant. It
From India, Mumbai
We are here to share knowledge.
Please educate members if they have failed to distinguish between industrial and commercial establishment citing definitions and clause number and which labour law, any high court/supreme court judgements on the distinction in the context of Annual Return under PWG Act/Rules.
It is possible we missed knowing the distinction.
Let me clarify I am not on this forum to build any image . Remarks of my colleagues are their own .
Like you , everybody here takes away knowledge through sharing.
Regards,.
Vinayak Nagarkar
HR-Consultant. It
From India, Mumbai
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Annual Return Form IV, Payment of Wages Act.doc
Annual return(Form-R). pdf