EPFO's Stance on Allowances and Basic Wages
This is the problem that all organizations face today with the EPFO. The EPFO has started issuing notices under Sec 7(A) of the EPF & MP Act, 1952, stating that except for HRA (which is totally excluded from the eyes of the EPFO), all allowances form part of Basic Wages.
This means that whatever allowances you pay to employees without any distinction are construed to be part of Basic Wages. For example, if you pay a conveyance allowance to all employees—irrespective of levels and cadres—then this is also considered as basic wages.
On the other hand, if you pay a heat and dust allowance to certain employees who are attached to the Moulding and Casting section (and not to other employees of other departments), then this allowance is excluded.
So, the EPFO examines all allowances separately to determine whether any such allowances are paid to all employees at all times. If so, then all such allowances form part of the Basic Wages, and a 7(A) order is issued accordingly. They rely on various Supreme Court orders in various cases.
Therefore, as per the EPFO, the allowances paid or payable to all employees (except HRA) form part of Basic Wages. However, this is being challenged by certain organizations. A couple of cases are pending in the Supreme Court.
Regards,
V. Balaji