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Please give me your opinion in the matter of provident fund :- The employee opts for leave encashment while in service, whether PF is deductible on the amount of leave encashment. If the employee resigns whether PF is deductible on leave encashment payable to him when he leaves the office
The employee opts for leave encashment while in service, whether PF is deductible on the amount of leave encashment? YES
If the employee resigns whether PF is deductible on leave encashment payable to him when he leaves the office? YES
Provident fund contribution is payable and shall be calculated on basic wages as per Section 29(3) of the employees provident fund Scheme. The definition on the basic wages in given in Sec2 (b) of the employees provident fund and miscellaneous provisions Act Which reads as follows:
"Basic wages means all emoluments which are earned by an employee while on duty or [on leave or on holidays with wages in either case] in accordance with the terms of the contract of employment and which are paid or payable in cash to him, but dose not include --
i) The cash value of any food concession;
ii) Any dearness allowance (that is to say, all cash payments by whatever name called/paid to an employee on account of a in the cost of living), house rent allowance, overtime allowance, bonus, commission or any other similar allowance payable to the employee in respect of his employment or of the work done in such employment;
iii) Any present made by the employer;
Aforesaid definition of basic wages is explained by Hon''ble apex court in the case of Shree Changdeo Sugar Mills V/s Union Of India Reported in AIR 2001 SC 557 which says that wages includes all payments payable to the employee when he was not on duty but is regarded as deemed to be on duty.
An identical question cropped up before Hon''ble high Court of Karnataka in the case of Manipal Academy of Higher Education Manipal V/s Provident fund Commissioner, Employees provident fund Organization Manglore reported in 2004 (I) CLR 425 (kar DB) in which it is held that, "An encashment of earn leave by the employee is basic wage"
In view of aforesaid ruling and definition it is clear that on encashment of leave the PF is always required to be paid. And even if the employee resigns from the service, since he is seeking benefit when he was in service of leave encashment PF is also payable on such amount.
Rgds - Jothi