Navigating LWF for Gurgaon Employees When Your Factory Is in Punjab: What Should You Do?

Have one query, our Factory is located in Punjab and we have some employees who are working in our office at Gurgaon. We have not registered with Haryana Labour. We have already remitted the LWF for these employees in Gurgaon as salaries are paid out from there. Kindly let me know whether this is correct or we need to remit the LWF in Haryana. In case we need to remit it in Haryana, how can we do that as we have no registered place there.

As many of the legislations of Punjab apply in Haryana mutatis mutandis, the applicability of the Punjab Labour Welfare Fund Act is as follows:

Applicability of the Act

This Act is applicable to a factory as defined in clause (m) of section 2 of the Factories Act, 1948, or any place which is deemed to be a factory under subsection (2) of section 85 of that Act. It includes any premises, including the precincts thereof, wherein and in any part of which any industry within the meaning of clause (j) of section 2 of the Industrial Dispute Act, 1947, is carried on. It also includes a shop or a commercial establishment within the meaning of the Punjab Shops and Commercial Establishment Act, 1958, in which, on any day, ten or more employees are employed or were employed during the preceding twelve months.

Please examine whether the establishment in Haryana fulfills the criteria of at least 10 employees. If so, sooner or later, you may be made liable to pay LWF; otherwise, there is no need.

You need to remit it in Haryana only. I am not sure about the procedure.

I used to deduct only for those employees posted in Chennai and remit in Tamil Nadu. For other states, we used to deduct and remit in the concerned states. But we always had offices in these places.

T. Sivasankaran