Dear HBJ,
The confusion is about the quantum of Wage ( Basic & DA ) - 50% of monthly gross or 50% of Total remuneration payable to any employee including Employer's PF contribution, Bonus etc.
For argument shake let us consider Wage will 50% of monthly gross. Now in the exclusion list there are Employer's PF contribution, Statutory Bonus etc. etc.
In the proviso it has been mentioned that "if the payments made by the employer to the employee under sub clauses (a) to (i) exceeds 50% of ALL THE REMUNERATION calculated under the clause , the amount which excess such 50% shall be deemed as remuneration and shall be accordingly added in wages under this clause. " Employer's portion of PF, Statutory Bonus etc.etc. falls under sub clause (a) to (i).
Therefore in your existing issue if we add back Employer's portion of PF, Bonus etc. etc. to the other side ( other than Basic & DA) , the Basic and DA will not be 50% of the monthly gross - not fulfill the definition of Wage as per wage code.
Therefore, to my opinion Basic & DA should be 50% of ALL THE REMUNERATION CALCULATED UNDER THE CLAUSE.
You may cross check with Tax Guru ( ITAX ), Mercer, Deloitte etc.etc. for the interpretation of wage as per wage code.
Thanks & Regards,
S K Bandyopadhyay ( WB, Howrah)