Supreme Court Ruling on Provident Fund Deductions
A bench of Justices Arun Mishra and Naveen Sinha ruled that employers cannot segregate 'special allowance' from basic wages for the purpose of PF deductions. The apex court has ruled that employers cannot segregate 'special allowance' from basic wages for the purpose of PF deductions. The Supreme Court has passed an order on Provident Fund (PF) calculation that will have a far-reaching impact on companies and the salaried class. A bench of Justices Arun Mishra and Naveen Sinha yesterday ruled that employers cannot segregate 'special allowance' from basic wages for the purpose of PF deductions. The court was hearing a clutch of appeals questioning whether "the special allowances paid by an establishment to its employees would fall within the expression 'basic wages' under Section 2(b)(ii) read with Section 6 of the Act for the computation of deduction towards Provident Fund."
From India, Ghaziabad
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256A bench of Justices Arun Mishra and Naveen Sinha ruled that employers cannot segregate 'special allowance' from basic wages for the purpose of PF deductions. The apex court has ruled that employers cannot segregate 'special allowance' from basic wages for the purpose of PF deductions. The Supreme Court has passed an order on Provident Fund (PF) calculation that will have a far-reaching impact on companies and the salaried class. A bench of Justices Arun Mishra and Naveen Sinha yesterday ruled that employers cannot segregate 'special allowance' from basic wages for the purpose of PF deductions. The court was hearing a clutch of appeals questioning whether "the special allowances paid by an establishment to its employees would fall within the expression 'basic wages' under Section 2(b)(ii) read with Section 6 of the Act for the computation of deduction towards Provident Fund."
From India, Ghaziabad
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The recent ruling by the Supreme Court of India, delivered by Justices Arun Mishra and Naveen Sinha, has significant implications for PF deductions concerning special allowances and basic wages. Here are the key points and implications of the judgment:
[B]What the Supreme Court ruled:
- The court clarified that employers cannot segregate special allowances from basic wages for PF deductions.
- Basic wages now include Dearness Allowance for PF calculation purposes.
- Employers must demonstrate that special allowances are variable or linked to incentives for production to be excluded from basic wages.
- The ruling stated that if special allowances are not paid across the board or are not performance-related, they are essentially part of basic wages.
- The judgment dismissed appeals that sought to segregate special allowances from basic wages for PF computation.
[B]Implications of the ruling:
- Employers will now have to include special allowances in basic wages for PF deductions.
- This may lead to higher PF contributions, benefiting employees in the long term but reducing take-home salaries in the short term.
- The order applies to those with a basic salary and allowances up to Rs 15,000 for PF contributions.
This ruling emphasizes the importance of accurately categorizing components of wages for PF calculations and ensures that employees receive the full benefits entitled to them under the Provident Fund scheme.
From India, Gurugram
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[B]What the Supreme Court ruled:
- The court clarified that employers cannot segregate special allowances from basic wages for PF deductions.
- Basic wages now include Dearness Allowance for PF calculation purposes.
- Employers must demonstrate that special allowances are variable or linked to incentives for production to be excluded from basic wages.
- The ruling stated that if special allowances are not paid across the board or are not performance-related, they are essentially part of basic wages.
- The judgment dismissed appeals that sought to segregate special allowances from basic wages for PF computation.
[B]Implications of the ruling:
- Employers will now have to include special allowances in basic wages for PF deductions.
- This may lead to higher PF contributions, benefiting employees in the long term but reducing take-home salaries in the short term.
- The order applies to those with a basic salary and allowances up to Rs 15,000 for PF contributions.
This ruling emphasizes the importance of accurately categorizing components of wages for PF calculations and ensures that employees receive the full benefits entitled to them under the Provident Fund scheme.
From India, Gurugram
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Supreme court judgment on bifurcation of PF.pdf