Dear PanSingh,
Your observation as a whole deserves appreciation except its second part for which our learned friend Madhu has already given the right answer.
When the Court, particularly the Supreme Court, interprets a particular definition clause of a Statute in a liberal and inclusive manner, it requires no amendment nor any special notification in this regard by the Legislature; just instructions from the Executive in tune with the ratio decidendi are sufficient as clarified by Madhu.
Regarding the application of the hon'ble Madras High Court judgment in Mettur Bearsell case on the interpretation of the term "continuous service" occurring u/s 2-A and section 4 of the PG Act,1972, as far as I am given to understand, no other High Court has taken a decision contrary to the Madras HC judgment. Even if one peruses the judgments of the Supreme Court on the interpretation of the term " continuous service" u/s 25-B of the ID Act,1947 ( sorry for my inability to quote the case due to my out-of-country stay), no deviation of interpretation could be found in the Mettur Beradsell judgment.
From India, Salem
6018Your observation as a whole deserves appreciation except its second part for which our learned friend Madhu has already given the right answer.
When the Court, particularly the Supreme Court, interprets a particular definition clause of a Statute in a liberal and inclusive manner, it requires no amendment nor any special notification in this regard by the Legislature; just instructions from the Executive in tune with the ratio decidendi are sufficient as clarified by Madhu.
Regarding the application of the hon'ble Madras High Court judgment in Mettur Bearsell case on the interpretation of the term "continuous service" occurring u/s 2-A and section 4 of the PG Act,1972, as far as I am given to understand, no other High Court has taken a decision contrary to the Madras HC judgment. Even if one peruses the judgments of the Supreme Court on the interpretation of the term " continuous service" u/s 25-B of the ID Act,1947 ( sorry for my inability to quote the case due to my out-of-country stay), no deviation of interpretation could be found in the Mettur Beradsell judgment.
From India, Salem
The section 2(b) of basic wage has exclusions too such as House rent allowance and other payment which are not paid to all.
Section 6 of EPF Rules restricts to the limit of basic wages, dearness allowance
and retaining allowance only.
Hence we can clearly derive that:
1. Allowance not being paid to all can be excluded from contribution.
2. Payment made in terms of which reimbursement voucher is seek will be exclude.
3. Payment made on performance like overtime or extra work will be excluded.
4. House rent has already been excluded.
Hence we can bifurcate the salary in these parameters, keeping the basic wage must not be less than minimum-wage of the state.
VS Chauhan
From India, Gurgaon
Section 6 of EPF Rules restricts to the limit of basic wages, dearness allowance
and retaining allowance only.
Hence we can clearly derive that:
1. Allowance not being paid to all can be excluded from contribution.
2. Payment made in terms of which reimbursement voucher is seek will be exclude.
3. Payment made on performance like overtime or extra work will be excluded.
4. House rent has already been excluded.
Hence we can bifurcate the salary in these parameters, keeping the basic wage must not be less than minimum-wage of the state.
VS Chauhan
From India, Gurgaon
Hello Everyone,
I have a Revised Dearness Allowance copy for the year 2019-2020. Here i have a doubt to calculate the Minimum Wage. Is there any revision in Basic wage for printing Industry?
Eg: Basic Wage + 3024 (DA) = Minimum Wage
From India, Chennai
I have a Revised Dearness Allowance copy for the year 2019-2020. Here i have a doubt to calculate the Minimum Wage. Is there any revision in Basic wage for printing Industry?
Eg: Basic Wage + 3024 (DA) = Minimum Wage
From India, Chennai
Yes, HRA is there in the exclusion part.But that does not mean that you can pay 90% of the pay as HRA and the rest as Basic salary.
From India, Kannur
From India, Kannur
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Minimum wages- Basic.pdf
MINIMUM WAGE RATE IN UTTARANCHAL.doc