juned-lakdawala
I am juned lakdawala and i am working as hr executive and right now supreme court enforce that PF will be deductible on every head except HRA so can anyone help me to make structure for CTC according to supreme court amendment.
From India, Ankleshwar
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Umakanthan53
Labour Law & Hr Consultant
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1063

Hi friend,
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
Anonymous
From what date is this effective from
From Bangladesh, Dhaka
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1063

There 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
umakanthan53
5943

So 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

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