Dear Kamal Kant ji (Advocate),
Thank you for your contribution. One question comes to my mind: Is the decision of any High Court binding on other high courts' jurisdiction? I am not an advocate, so I am asking you this question.
From India, Mumbai
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2636Thank you for your contribution. One question comes to my mind: Is the decision of any High Court binding on other high courts' jurisdiction? I am not an advocate, so I am asking you this question.
From India, Mumbai
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Dear Kamal Kant ji (Advocate),
Thanks for your contribution.
One question comes to my mind: Is the decision of any High Court binding on other high courts' jurisdiction? I am not an advocate, so I am asking you this question.
If there is any issue which has not been decided by the High Court of that state, another State's High Court's decision has persuasive value. In the same state, the judgment is binding in principle. So, in short, if there is no contrary judgment on a given point from your High Court, then the other High Court judgment will prevail as the law of the land. Supreme Court judgment will prevail over all high court judgments on the same point of law. Hope you got your answer.
From India, New Delhi
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Thanks for your contribution.
One question comes to my mind: Is the decision of any High Court binding on other high courts' jurisdiction? I am not an advocate, so I am asking you this question.
If there is any issue which has not been decided by the High Court of that state, another State's High Court's decision has persuasive value. In the same state, the judgment is binding in principle. So, in short, if there is no contrary judgment on a given point from your High Court, then the other High Court judgment will prevail as the law of the land. Supreme Court judgment will prevail over all high court judgments on the same point of law. Hope you got your answer.
From India, New Delhi
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Time and again, it is clarified that although some High Courts have given judgments allowing gratuity for less than 5 years, the general position remains unchanged. Therefore, completing 5 years still stands. Our debates do not break the ice. The concerned authority should issue an order based on the court decision, and until that time, there is no way to receive gratuity for less than 5 years.
From India, Nellore
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From India, Nellore
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Dear Kamal Kant ji (Advocate),
Thank you for your spontaneous response to my query. I have another question now. With all due respect to you, sir, I would like to ask you to clarify the ambiguity in this subject.
I am from Mumbai. If I deny gratuity to an employee who has served for 4 years and 240 days in the fifth year, would it be considered contempt of court or a breach of the law?
This question came to mind based on your previous response stating, "if there is no contrary judgment on a given point from your High Court then the other High Court Judgment will prevail as the Law of the Land." To the best of my knowledge, there is no contrary judgment in the Mumbai High Court.
Thank you.
From India, Mumbai
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Thank you for your spontaneous response to my query. I have another question now. With all due respect to you, sir, I would like to ask you to clarify the ambiguity in this subject.
I am from Mumbai. If I deny gratuity to an employee who has served for 4 years and 240 days in the fifth year, would it be considered contempt of court or a breach of the law?
This question came to mind based on your previous response stating, "if there is no contrary judgment on a given point from your High Court then the other High Court Judgment will prevail as the Law of the Land." To the best of my knowledge, there is no contrary judgment in the Mumbai High Court.
Thank you.
From India, Mumbai
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Korgoankar,
Whatever little bit I know about law is that Tamil Nadu HC judgments are applicable as a precedent only for lower courts of TN. Other courts in different states can quote it, but it does not have the force of law. The ratio decidendi applied by one HC may not be seen in the same way by another HC.
From India, Pune
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Whatever little bit I know about law is that Tamil Nadu HC judgments are applicable as a precedent only for lower courts of TN. Other courts in different states can quote it, but it does not have the force of law. The ratio decidendi applied by one HC may not be seen in the same way by another HC.
From India, Pune
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Sri Kamal Kant ji,
There is confusion regarding the applicability of Minimum wages when calculating EPF Contribution. Some of the enforcement officers at the EPF Office are insisting that the contribution must be remitted based on a salary of Rs. 15,000/- (even if the basic + DA is less than 15K). The Enforcement wing has issued orders amounting to crores of rupees to member companies for compliance with their directives.
The Enforcement Officer (EO) suggests the following model for calculating EPF:
- If an employee earns more than 15K, the applicable salary is (15K - 40% of 15K, which is HRA), and all other allowances are to be considered for EPF Salary.
- If the employee earns less than 15K, the salary (salary - 40% of 15K, which is HRA) should be calculated as EPF Salary.
Now, the question of what constitutes Basic + DA has been raised by the EO. Is it justified for the EPF Office to collect such a substantial sum due to wage omissions?
Please advise us on whether such orders must be followed and if there is any legal recourse available in this situation.
Thank you.
From India, New Delhi
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There is confusion regarding the applicability of Minimum wages when calculating EPF Contribution. Some of the enforcement officers at the EPF Office are insisting that the contribution must be remitted based on a salary of Rs. 15,000/- (even if the basic + DA is less than 15K). The Enforcement wing has issued orders amounting to crores of rupees to member companies for compliance with their directives.
The Enforcement Officer (EO) suggests the following model for calculating EPF:
- If an employee earns more than 15K, the applicable salary is (15K - 40% of 15K, which is HRA), and all other allowances are to be considered for EPF Salary.
- If the employee earns less than 15K, the salary (salary - 40% of 15K, which is HRA) should be calculated as EPF Salary.
Now, the question of what constitutes Basic + DA has been raised by the EO. Is it justified for the EPF Office to collect such a substantial sum due to wage omissions?
Please advise us on whether such orders must be followed and if there is any legal recourse available in this situation.
Thank you.
From India, New Delhi
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Dear Nathrao,
It seems you have not read my various posts, including in this particular thread, minutely.
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From India, Mumbai
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It seems you have not read my various posts, including in this particular thread, minutely.
.................................................. .................................................. .................................................. ......................
From India, Mumbai
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Dear All,
Thank you all for your inputs.
Please note that I have received the Gratuity after four years and eleven months of service. I believe the eligibility requirement is four years plus 240 days in the fifth year.
Thanks again,
Pratik
From India, Mumbai
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Thank you all for your inputs.
Please note that I have received the Gratuity after four years and eleven months of service. I believe the eligibility requirement is four years plus 240 days in the fifth year.
Thanks again,
Pratik
From India, Mumbai
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Dear Pratik ji,
Congratulations on receiving Gratuity from your employer despite having served less than 5 years. I assume you are not from Chennai or Kerala State. Although your employer has provided you with Gratuity for a period of service less than 5 years, it does not necessarily mean that you are legally entitled to it. I prefer not to elaborate further on this matter. Our purpose on this forum is to discuss the provisions of the law, not the practice of law. Any employer has the freedom to offer you more than what is mandated by the law.
From India, Mumbai
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Congratulations on receiving Gratuity from your employer despite having served less than 5 years. I assume you are not from Chennai or Kerala State. Although your employer has provided you with Gratuity for a period of service less than 5 years, it does not necessarily mean that you are legally entitled to it. I prefer not to elaborate further on this matter. Our purpose on this forum is to discuss the provisions of the law, not the practice of law. Any employer has the freedom to offer you more than what is mandated by the law.
From India, Mumbai
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It is unfortunate that this question is pending for so long without a clear-cut answer acceptable to all. When the Act was passed originally, I believe the 'spirit' of the Act was to provide the benefit to employees who have completed 5 years of service (that is 5 years between joining date and exit date). I believe that if the lawmakers wanted to provide gratuity after 4 years and 240 days, they could very well have said so. The point is, in the courts, the law can be interpreted or misinterpreted according to one's convenience and convincing (or confusing) arguments. While the Courts will defend the letter of the law, who will defend the 'spirit' of the law? Parliament?? I think an Amendment to the Act has to come from Parliament stating the exact minimum period. Time for another signature campaign.
From India, Kolkata
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From India, Kolkata
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