A private company falsely implicated me in a case of IPC 408. In the FIR, the accused (me) was stated to be working in the company for 6 years. This case was registered in February 2015. Throughout the trial, the informant failed to produce and prove any documentary evidence against me showing that I was working in this private company. However, at the judgment stage, the informant presented a payslip as evidence against me. I am attaching that document; please look at this payslip carefully and let me know if it is fake or real.
From India, Delhi
From India, Delhi
Dear Aditya Verma,
My comments on the payslip are as below:
a) The payslip shows "Total Working Days" (TWD) as 30. In that case, why did the company not deduct the PF? Please ask them to provide the evidence.
b) The payslip shows that your PF No. is MH/0000/00. This seems to be a strange number. You can request the company to validate the PF No. with the PF office.
c) By a notification dated 22.08.2014, the Ministry of Labour and Employment increased the Employee Provident Fund (EPF) Limit to Rs. 15,000 from the existing Rs. 6,500 wef 01.09.2014. The payslip is for Oct 2013. If your remuneration was Rs. 13,000, then you were not an ESI employee. However, as a non-ESI employee, did the employer provide any insurance coverage? If yes, please ask them to provide the evidence.
d) Profession Tax (PT) for salaried employees who earned more than Rs. 10,000 in the state of Maharashtra in Oct 2013 was Rs. 200. Your payslip does not show any deduction for PT. Did the company pay the PT later? If yes, please request the company to provide evidence of the PT remittance.
Evidence not related to the payslip:
e) Above all, what about the attendance records? Please ask the company to provide records of attendance for the entire tenure.
f) The payslip indicates that you worked in the Operations Department. Do they have any evidence of your work in that department? What about the duty roster? Any internal registers? Kindly request the company to provide the evidence.
g) Your payslip states that you joined Shivaji Caterers on 01.10.2013. Did the company issue an appointment letter to you? If yes, please ask the company to provide the evidence.
h) During your tenure, did you apply for leave? Kindly request the company to provide evidence of the leave.
Thanks,
Dinesh Divekar
From India, Bangalore
My comments on the payslip are as below:
a) The payslip shows "Total Working Days" (TWD) as 30. In that case, why did the company not deduct the PF? Please ask them to provide the evidence.
b) The payslip shows that your PF No. is MH/0000/00. This seems to be a strange number. You can request the company to validate the PF No. with the PF office.
c) By a notification dated 22.08.2014, the Ministry of Labour and Employment increased the Employee Provident Fund (EPF) Limit to Rs. 15,000 from the existing Rs. 6,500 wef 01.09.2014. The payslip is for Oct 2013. If your remuneration was Rs. 13,000, then you were not an ESI employee. However, as a non-ESI employee, did the employer provide any insurance coverage? If yes, please ask them to provide the evidence.
d) Profession Tax (PT) for salaried employees who earned more than Rs. 10,000 in the state of Maharashtra in Oct 2013 was Rs. 200. Your payslip does not show any deduction for PT. Did the company pay the PT later? If yes, please request the company to provide evidence of the PT remittance.
Evidence not related to the payslip:
e) Above all, what about the attendance records? Please ask the company to provide records of attendance for the entire tenure.
f) The payslip indicates that you worked in the Operations Department. Do they have any evidence of your work in that department? What about the duty roster? Any internal registers? Kindly request the company to provide the evidence.
g) Your payslip states that you joined Shivaji Caterers on 01.10.2013. Did the company issue an appointment letter to you? If yes, please ask the company to provide the evidence.
h) During your tenure, did you apply for leave? Kindly request the company to provide evidence of the leave.
Thanks,
Dinesh Divekar
From India, Bangalore
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