Mr Naveen can you please attach relevant circular of PF department in this regard, since they are the compentent authority...
Narayanan[/QUOTE]
Dear Narayanan
Could you please forward me the details of the notification of H.P. Govt. allowing 5% change in the minimum wages fixed.
Further, I have gone through the matter in Punjab and has seen that there is no such saying in the notifications issued by the Punjab Govt on minimum wages. The notifications are silent - whether 5% or whole of the minimum wages can be structured in such a way that the carry home salary of the employee is never less than the minimum prescribed.
I can tell you that the Hon'ble High Court of Punjab and Haryana has admitted the writ filed by an employer and has stayed the operation of the impugned order passed by the Labour authorities who were demanding the difference of the minimum wages, where the basic wage was less than the MW, but the carry home is more than the MW fixed.
Further, I have also come across the verdit of the EPF Appellate Tribunal setting aside the order of the 7-A authority demanding PF on minimum wages rather than the basic wages. I am attaching the extract of journal section of 2009 LLR 233.
Regards