Kamalkantps
Advocate
Pon1965
Construction
Kvjraghunath
Hr Manager
Acmegk
Hr - Generalist
+1 Other

Thread Started by #Prashant B Ingawale

Dear Seniors, In case of court’s verdict employee is reinstated with back wages Does it constitute of PF,ESI,PT contribtion?
3rd October 2011 From India, Pune
Dear Sir, Swastic Textile Engineers Pvt Ltd V. V.M. Rathod ( 2008 ) the Court has rule out the same. Please advise.
3rd October 2011 From India, Pune
Hi,
I am yet to peek into the referred case. Yet i would like to share the below points.
Considering the statutes / the logic, the word "wages" by itself attracts statutory payments. Back-"wages" no way means that the computation process would change.
all statutory payments: shall apply as per regular dispersal
Tax: the rules would apply as per the dispersal year (income for the particular year).
Could you please share any of the reference / links related to "Swastik case"!
Thanks,
Kavitha G
3rd October 2011 From India, Bangalore
Dear Prashant B Ingawale,

If you are so intelligent and have the information why are you asking people?

You should mention that 1st along with query.

You should understand that a judgment is not the ultimate answer for every case, as the judgement is given based on the circumstantial evidence which may differ from case to case.

The same case may receive different judgment from different courts when applied.

As per my knowledge (in general situation) Mr. pon is right, May be PT not applicable, Further see the court direction, if there is mentioned specifically then not required.

You can find so many case laws <link outdated-removed> ( Search On Cite | Search On Google )



All the best

<link outdated-removed> ( Search On Cite | Search On Google )
3rd October 2011 From India, Vijayawada
KVJ is right. Judgements differ according to its merits of the particular case. Generally, we go by Act or rule books. Pon
3rd October 2011 From India, Lucknow
Dear mr. Parshant
all employees are same for firm .
So that all employees have right to take benefit of epf and esic so you have to deduct the epf and esic on his back wages arear.
Thanks
pawan bhatia
09812585353
4th October 2011 From India, Bahadurgarh
Dear All,
there are two ways a court can award backwages. Both situations are different so read carefully.
1. Where court has awarded backwages from the date of termination till the date of reinstatement. Here the period is definite. In such a case all statutory deduction will be made from the payment so calculated and made. The statutory deductions so made will be deposited with the authorities concerned.
2. Where the court has awarded X amount of money as backwages for example Court awarded Employee Ramlal 2 Lakh of rupees as backwages. In such a case total 2 lakh rupees will be paid to the employee and no deductions will be made from the payment so made. These are generally those cases where employees may be superannuated while the case proceeded or where court gave money as compensation.
Hope this will clear the scenario. Feel free to revert in case of any doubt.
4th October 2011 From India, New Delhi
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