Dear All, Please find enclosed the SCI Order dated 13-07-2012 for SLP(C) No. 8781-8782/2012 (from the judgment and order dated 24-03-2011 in WPC No. 1891/2011 and dated 22-11-2011 in RP No. 117/2011 of The High Court of M.P. at Gwalior).
Regards, Mikky Vij
From India, New Delhi
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30Regards, Mikky Vij
From India, New Delhi
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Thank you, Mr. Mikky Vij, for sharing the SC order judgment copy. What was the outcome of this case? Is the bifurcation of minimum wages authorized or not? Is it possible to pay the PF only for the Basic Wages part on Minimum Wages, or do we have to pay for the VDA also?
The clarification in this regard will help our members.
From India, Kumbakonam
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The clarification in this regard will help our members.
From India, Kumbakonam
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Review Petition by Surya Roshni Limited
It may be recollected that in a Review Petition by Surya Roshni Limited vs. Employees' Provident Fund and Another, 2012 LLR 42, the Division Bench of the Madhya Pradesh High Court held that Section 2(b) and 6 of the Employees' Provident Funds & Miscellaneous Provisions Act define basic wages. HRA, overtime allowance, bonus, commission, or any other similar allowance are not covered in the definition of basic wages. However, when special allowance, dearness allowance, conveyance allowance, and other allowances are paid universally to all employees, they would be treated as part and parcel of basic wages.
A special leave petition to appeal was filed and came up for hearing on 13.7.2012, during which the above stay order was passed by the Supreme Court. The case is still pending for a final judgment.
Thanks
From India, Malappuram
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It may be recollected that in a Review Petition by Surya Roshni Limited vs. Employees' Provident Fund and Another, 2012 LLR 42, the Division Bench of the Madhya Pradesh High Court held that Section 2(b) and 6 of the Employees' Provident Funds & Miscellaneous Provisions Act define basic wages. HRA, overtime allowance, bonus, commission, or any other similar allowance are not covered in the definition of basic wages. However, when special allowance, dearness allowance, conveyance allowance, and other allowances are paid universally to all employees, they would be treated as part and parcel of basic wages.
A special leave petition to appeal was filed and came up for hearing on 13.7.2012, during which the above stay order was passed by the Supreme Court. The case is still pending for a final judgment.
Thanks
From India, Malappuram
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Latest Notification by EPF Authorities
This is the latest notification by the EPF authorities on this issue:
Link: [Circular dated 30 November 2012 of EPFO Department on Inclusion of Allowances in Wages for PF Contribution](http://asklabourproblem.info/note-of-the-new-circular-by-provident-fund-department-dated-30th-november-2012/)
From India, Chennai
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This is the latest notification by the EPF authorities on this issue:
Link: [Circular dated 30 November 2012 of EPFO Department on Inclusion of Allowances in Wages for PF Contribution](http://asklabourproblem.info/note-of-the-new-circular-by-provident-fund-department-dated-30th-november-2012/)
From India, Chennai
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Dear all, Greetings for the day. Enclosing the latest update from the Supreme Court in the matter of Surya Roshni vs. EPFO for reference. Please go through it.
Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
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Thanks & Regards,
Sumit Kumar Saxena
From India, Ghaziabad
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Definition - PF Basic Wages - Supreme Court - Brief.pdf