sub- salary components
What one needs to understand is that once you become covered by P.F Act, you need to pay contribution under Sec.6 of the P.F Act on the basic wages + D.A + Retaining allowance.+cash value of food concession, if any given by your company. Even though the the definition of basic wages under Sec.2(b) of the P.F Act excludes HRA, bonus, commission or any other similar allowance and thus excludes them from being counted for contribution, the hon'ble High Court of Gujrat in Gujrat Cypromete Ltd V. Assistant P.F.commissioner, 2004 III CLR 485 held that the' basic wages' under Sec.2(b) of the Act includes various allowance like lunch,medical,conveyance allowance except HRA. Thus the position in law is that except HRA, bonus or commission, many other allowances may count for contribution of P.F. It is to be asceratined whether this judgment has been challenged before a division bench/Supreme Court.Till then the legal psostion is that as held in Gujrat Cypromete 's case.
B.Saikumar
HR & Labour Law consultant
Chipinbiz Consultancy. Pvt.Ltd
Mumbai
Tel: 022-28324234