Dear PanSingh,
Your observation as a whole deserves appreciation except for 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 Honorable 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 Bearsell judgment.
From India, Salem
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6185Your observation as a whole deserves appreciation except for 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 Honorable 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 Bearsell judgment.
From India, Salem
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Do anybody have the counter file details of Saint gobain on EPF verdict
From India, Coimbatore
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From India, Coimbatore
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The section 2(b) of the basic wage has exclusions too such as House Rent Allowance and other payments 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. Allowances not being paid to all can be excluded from contribution.
2. Payments made in terms of which reimbursement voucher is sought will be excluded.
3. Payments made on performance like overtime or extra work will be excluded.
4. House rent has already been excluded.
Hence, we can bifurcate the salary based on these parameters, ensuring that the basic wage must not be less than the minimum wage of the state.
VS Chauhan
From India, Gurgaon
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1. Allowances not being paid to all can be excluded from contribution.
2. Payments made in terms of which reimbursement voucher is sought will be excluded.
3. Payments made on performance like overtime or extra work will be excluded.
4. House rent has already been excluded.
Hence, we can bifurcate the salary based on these parameters, ensuring that the basic wage must not be less than the minimum wage of the state.
VS Chauhan
From India, Gurgaon
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Hello Everyone,
I have a revised Dearness Allowance copy for the year 2019-2020. Here, I have a doubt regarding how to calculate the Minimum Wage. Is there any revision in the Basic wage for the printing Industry?
For example: Basic Wage + 3024 (DA) = Minimum Wage
Thank you.
From India, Chennai
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I have a revised Dearness Allowance copy for the year 2019-2020. Here, I have a doubt regarding how to calculate the Minimum Wage. Is there any revision in the Basic wage for the printing Industry?
For example: Basic Wage + 3024 (DA) = Minimum Wage
Thank you.
From India, Chennai
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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
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From India, Kannur
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Is hra and washing allowances exempted for pf contribution??
From India, Kolkata
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From India, Kolkata
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Minimum wages- Basic.pdf
MINIMUM WAGE RATE IN UTTARANCHAL.doc