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Hi,
The query about annual return under POW Act.
Our establishment registered under Punjab Shops and Establishment Act. Salary range of all employees more than 24k, on that case it is mandatory to file Return under Payment of Wages Act in Form IV.
Kindly suggest.
Thanks
Sikander Dogra
From India, Delhi
Dear Mr Sikandar, Please file (Nil) Return for the Year 2017
From India, New Delhi
Dear Mr Sikandar,
Based on the business activity carried out by the establishment,Filing of Annual Return Form IV under POW Act,is applicable for those establishment Whose appropriate government is central government.
Regards,
From India, Mumbai
As suggested by Mr Srinath Sai Ram, you have to file nil return. Regards
From India, Delhi
P K SHARMA,
I beg to differ on the suggested submission of your and Sai Ram unless substantiate by proof there of
From India, Mumbai
Dear HR colleagues,
The establishment stands covered under the Payment of Wages Act/Rules but employees are not because of 24k salary.
Therefore, Nil return has to be filed as per Srinath is correct.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Dear Vinayak Nagarkar,
Your submission that the establishment stands covered under the Payment of Wages Act/Rules but employees are not because of 24k salary. Therefore, Nil return has to be filed as per Srinath is correct.
Is after thought, as None of the Rules across states under POW Act except Central Rules prescribed Form IV Annual Return,therefore for those establishment Appropriate Government is Central Govt. has to filed Annual Return as prescribed Form IV under POW Act.
Regards
From India, Mumbai
Dear Azim,
please Peruse "The Punjab Payment of Wages Rules, 1937" attached herewith.By virtue of Establishment Registered under Punjab Shops & Commercial Establishments Act, liable to file Annual Return under The Punjab Payment of Wages Rules, 1937
From India, New Delhi

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File Type: pdf Payment of Wages (Punjab) Rules, 1937.pdf (65.4 KB, 37 views)

Dear Mr Azim,
Please peruse the attachment-State Govts are responsible for enforcement of The Payment of Wages Act, 1936 in respect of Factories & Industrial Establishments (Non Central)
Please revert with your comments for academic purpose
From India, New Delhi

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File Type: pdf State Govts are responsible for enforcement of The Payment of Wages Act.pdf (172.2 KB, 29 views)

Dear Azim,
Pl do not underestimate knowledgeable seniors in this forum and display lack of maturity and grace in pointing fingers at them for trivial subject like Annual return.
Regards,
Vinayak Nagarkar
HR-Consultant
From India, Mumbai
Dear Srinath Sai Ram,

As desire by you to revert on the subject for academic purpose, firstly the thread started by Sikander Dogra stating that Our establishment registered under Punjab Shops and Establishment Act. it is mandatory to file Return under Payment of Wages Act in Form IV.

Nowhere Punjab Shops Act define Industrial Establishment and whereas POW Act Punjab Rules says about Industrial Establishments.

Based on the definition of Establishment as stipulated under the Shops Act one has to come to logical conclusion to file Annual Return under POW Act.
From India, Mumbai
Dear Vinayak Nagarkar,

I have not underestimated yours knowledge and display lack of maturity.

there is saying "Beware of false knowledge; it is more dangerous than ignorance:

“Discussion is an exchange of knowledge; an argument is an exchange of ignorance.”
From India, Mumbai
Dear Azim
Thanks for your reply.Please note that Punjab Shops & Commercial Establishments Act is a State Legislation.You should not refer to the same for interpretation of The Payment of Wages Act, 1936 which is a Central Legislation.Where as for applicability & for enforcement you have to refer to respective state Rules i.e Punjab Payment of Wages Rules, 1937
Please note that there are several Central Acts like:The Minimum Wages Act, The Contract Labour Act, The Payment of Bonus Act etc.You have to refer to respective State Rules for Implementation & enforcement
your statement that " POW Act,is applicable for those establishment Whose appropriate government is central government" is not tenable legally
The very purpose of enactment of Act is defeated if it is applicable only to Central Government controlled establishments"
Further, you have also stated that"I beg to differ on the suggested submission of your and Sai Ram unless substantiate by proof there of" We have provided the proof" Please remember Learning is a continuous process,Little knowledge is dangerous .There are no short cuts in Legal matters.Ignorance of law can not be an excuse
For majority of Central Labour Legislations corresponding State Rules are enacted for implementation & enforcement.I have Notices received from State Labour department for not filing Annual Return under POWA by establishments registered under State Shops Act
Mr Vinayak has extensive knowledge in Legal matters by virtue of his consultance service & he has exhibited the same for the sake of forum members.We have to appreciate his knowledge & his gesture in correcting the forum members with his thoughts
From India, New Delhi
Dear Srinath Sai Ram,

You have given reply befitting with the matter but lack in academic knowledge and have protected the image of Vinayak for the reasons best known to you, and have failed to distinguish between Industrial Establishment and Commercial Establishment definition in the matter of filing Annual Return under POW Act and rules framed there under.
From India, Mumbai
Dear Azimji,

We are here to share knowledge.

Please educate members if they have failed to distinguish between industrial and commercial establishment citing definitions and clause number and which labour law, any high court/supreme court judgements on the distinction in the context of Annual Return under PWG Act/Rules.

It is possible we missed knowing the distinction.

Let me clarify I am not on this forum to build any image . Remarks of my colleagues are their own .

Like you , everybody here takes away knowledge through sharing.

Regards,.

Vinayak Nagarkar

HR-Consultant. It
From India, Mumbai
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