DEAR FRIEND
OUR REGIONAL COMMISSIONER FOR EPF, UNDER 7 A INQUIRY, HE PASSED AN ORDER THAT EPF APPLICABLE TO OTHER ALLOWANCES AS PER GUJARAT HIGH COURT JUDGMENT. I argued that Gujarat High Judgment is applicable to that case, and its jurisdication is only Gujrat State but not TamilNadu. In his findings of 7A inquiry, EPF is applicable to Other Allowances as per Judgment of Gujarat High Court and Judgment of Madras High Court in the case Reynold Pen. My question is, why he refused to code the sections/EPF act.
by ea murugan
9842763303
salem, tn
From India, Bangalore
OUR REGIONAL COMMISSIONER FOR EPF, UNDER 7 A INQUIRY, HE PASSED AN ORDER THAT EPF APPLICABLE TO OTHER ALLOWANCES AS PER GUJARAT HIGH COURT JUDGMENT. I argued that Gujarat High Judgment is applicable to that case, and its jurisdication is only Gujrat State but not TamilNadu. In his findings of 7A inquiry, EPF is applicable to Other Allowances as per Judgment of Gujarat High Court and Judgment of Madras High Court in the case Reynold Pen. My question is, why he refused to code the sections/EPF act.
by ea murugan
9842763303
salem, tn
From India, Bangalore
Dear EA Murugan,
Kindly ask ur Regional PF Commissioner the circular of amendment copy if any revised was done since it is not intimated to your organisation by the regional EPF Office. Secondly the amendment in EPF Website i.e www.EPF.India also not available.
Ratikanta Rath
From India, Durgapur
14Kindly ask ur Regional PF Commissioner the circular of amendment copy if any revised was done since it is not intimated to your organisation by the regional EPF Office. Secondly the amendment in EPF Website i.e www.EPF.India also not available.
Ratikanta Rath
From India, Durgapur
Dear Murugan,
Refer to your query on PF, the matter is pending in the courts of Law.Some of the High Courts such as Madras, Bhopal and Gujarat High courts gives a verdict in the matter of PF Contribution payable on all allowances. In the same incidence Karnataka and Punjab High Courts have dismissed the arguments raised by EPFO to pay contributions on other allowances.You can refer sec 2 b and Sec 6 of EPF Act -1952 - contributions are payable on Basic Wages and DA or any other Retaining Allowance.Other Allowances does not come under the part of wage. The commissioner does not take or over rule the provisions of EPF Act -1952.
Further in many cases the Hon'ble Supreme Court cannot give the right conclusion in this matter. Any Act to be enacted by Parliament after debating the issue in the motion of the session and implemented such changes as amended by a way of notification. The courts cannot give such verdict to over rule the legal parameters.
Regards
V R RAO PULIPAKA.
From India, Bangalore
Refer to your query on PF, the matter is pending in the courts of Law.Some of the High Courts such as Madras, Bhopal and Gujarat High courts gives a verdict in the matter of PF Contribution payable on all allowances. In the same incidence Karnataka and Punjab High Courts have dismissed the arguments raised by EPFO to pay contributions on other allowances.You can refer sec 2 b and Sec 6 of EPF Act -1952 - contributions are payable on Basic Wages and DA or any other Retaining Allowance.Other Allowances does not come under the part of wage. The commissioner does not take or over rule the provisions of EPF Act -1952.
Further in many cases the Hon'ble Supreme Court cannot give the right conclusion in this matter. Any Act to be enacted by Parliament after debating the issue in the motion of the session and implemented such changes as amended by a way of notification. The courts cannot give such verdict to over rule the legal parameters.
Regards
V R RAO PULIPAKA.
From India, Bangalore
Dear Mr VR Rao
Thank you very much for your early reply.It will be highly thankful further to you If you give the case number and year for Karnataka and Punjab high court's verdicts and alongwith any stay in any high courts/supreme courts in this regard.
regards
ea murugan
From India, Bangalore
Thank you very much for your early reply.It will be highly thankful further to you If you give the case number and year for Karnataka and Punjab high court's verdicts and alongwith any stay in any high courts/supreme courts in this regard.
regards
ea murugan
From India, Bangalore
Dear EA Murgan,
Until and unless any amendment made by the EPF Office and not circulate to any Regional EPF office it will not be entertained.
Any court judgement also not entertain since court judgement vary depend upon case to case. If any court will give any judgement then as per current practice EPF office will send a Circular to all Regional EPF Office. Till date no circular has given in connection to your case. Still PF amount is deducted on Baisc+DA or any retaining Allowance Payable to employee. if your Pf Enforcement officer forced any penalty on your company then you can registered a complain or case against the Local EPF Office.
Regards
Ratikanta Rath
From India, Durgapur
Until and unless any amendment made by the EPF Office and not circulate to any Regional EPF office it will not be entertained.
Any court judgement also not entertain since court judgement vary depend upon case to case. If any court will give any judgement then as per current practice EPF office will send a Circular to all Regional EPF Office. Till date no circular has given in connection to your case. Still PF amount is deducted on Baisc+DA or any retaining Allowance Payable to employee. if your Pf Enforcement officer forced any penalty on your company then you can registered a complain or case against the Local EPF Office.
Regards
Ratikanta Rath
From India, Durgapur
Dear Sir
Thank you sir .Its not by the EPF Enforcement officer, the Regional Commissioner directed through his 7A and 7c Inquiry 's finding to remit the epf contirbuion for other allowances by mentioning the verdict of Gujarat High Court in Gujarat Cypromet Ltd vs APFC & another. Now I am thinking of whether going to EPF Tripbunal or High Court of Madras for getting remedy
by ea murugan
From India, Bangalore
Thank you sir .Its not by the EPF Enforcement officer, the Regional Commissioner directed through his 7A and 7c Inquiry 's finding to remit the epf contirbuion for other allowances by mentioning the verdict of Gujarat High Court in Gujarat Cypromet Ltd vs APFC & another. Now I am thinking of whether going to EPF Tripbunal or High Court of Madras for getting remedy
by ea murugan
From India, Bangalore
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PF ON ALLOWANCES- SC Judgment-The-Re gional-Providen t-Fund-Commissi oner-Vs-Vivekan anda-Vidyamandi .pdf