PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
Asso.prof.(commerce & Management)
Use factoHR and automate your HR processes
Mobile-first hire to retire HR and Payroll software that automates all HR operations and works as a catalysts for your organisational growth.
Supreme court never uttered a word about CTC in their judgment. All about what they said is w.r.t.to inclusion of 'special allowance' paid as part of monthly salary as they are paid on regular basis and are common for all, concluding them as nothing but salary/allowance only camouflaged in special allowance and escaped contribution to EPF on that portion. And dwelt upon other such allowances as well for this purposes. Therefore only go by what is said in the judgment rather than dwelling on it by hearsay info.
From India, Bangalore
AnonymousFrom what date is this effective from
From Bangladesh, Dhaka
loginmiraclelogisticsThere is no clarity w.r.t. effective date per se in the judgment as it's relating to an appeal on the RPFC's action. So far as applying the judgment on other employers we have to keep watching what happens and soon after developments are known to everyone action deemed necessary would follow.
From India, Bangalore
umakanthan53So far as I am able to understand that the judgment of the hon'ble Supreme Court of India in this case is an exercise of interpretation of the term wages/salary in the backdrop of the definition of the same under the EPF Act with reference to contribution envisaged u/s 6 of the Act. As such the judgment is only declaratory in nature. All along the contributions paid on the basis of certain different understanding ever since the coming into effect of the Act having been accepted by the EPF Authorities, the practical difficulties of tracing back documents and collection of arrears from the employees, the reassessment of settled final claims and the like would be the insurmountable impediments in the aspect of giving retrospective effect to the interpretation. Therefore, prospective implementation based on the ratio decidendi of the judgment would be the positive action in the interests of the EPFO, employers and the employees concerned.
From India, Salem