Dear Mr. Kumaresank,
I agree with you. But, let's take an example: One person is drawing a gross salary of Rs. 15,000 per month. The company deducts ESI at 1.75% = Rs. 263 and pays ESI Contribution at 4.75% = Rs. 713. Now, if the company increases his gross salary by Rs. 50 per month and that person comes out of ESI, the employee saves Rs. 263 (in cash) and the company saves Rs. 713 per month.
Is this a violation of any law as per your above quote? Any person cannot deny PF deduction, which is also an offense. You should be practical. The company doesn't want to lose that person, and that person doesn't want PF to be deducted. In my opinion, with the consent of both, a middle way can be chosen. The law is for the people and by the people. People are not for the law.
Best Regards,
Modi Ashok Kumar