Adv.anand14
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Dear Friends,
Can an employer bifurcate Minimum Wages in different Heads so as to reduce his contribution towards P.F. Can any one provide me the copy of judgement of Division Bench of the Karnataka High Court in Group 4 Securitas Guarding Ltd Vs RPFC (2004-II-LLJ-1142-Kar H.C) ot any other latest judgment on this matter
REGARDS
ALOK MOROLIYA
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Hi,
I am trying to obtain a copy of the judgement referred to.
In my understanding, any splitting of minimum wage, should not deprive the employee of the benefit which he would have otherwise derived. For example, reducing the basic and including the same in such allowances, which do not attract provident fund. Otherwise, splitting of minimum wages should be possible.
Cyril
You got to go again through MWA. Minimum Wages are basic wages and PF has to be on atleast minimum wage. You cannot breakup minimum wages to different allowances.
Though DA is excluded for calculating the contribution for EPF, the EPF authorities are of the view that the basic plus DA, which form part of the minimum wages, will have to be taken into account. This view is controversial. Only a legal verdict can settle this once and for all.
S. Krishnamoorthy
There is nothing in the present Act which says that PF should be contributed on the minimum wages. The amendment proposed has a wider meaning for PF contributing wages. As per the present Act, Pf is to be contributed on the basic wages, but what is basic wages on which PF is to be contributed has been clearly defined in the Scheme and accordingly basic salary, dearness allowance and retaining allowance form part of basic wages. It has also been clarified that all remuneration which form part of settlement or as agreed with the employee should be considered for PF contribution.
Madhu.T.K
As per the Minimum Wages Act,1948,under section 2(h) "wages" means all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment,and includes house rent allowance

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File Type: pdf Punjab_Haryana_High_Court_Judgment_On_Minimum_Wage-Group4_Security.pdf (65.8 KB, 355 views)

What is your designation in that Hotel? 1. Give a complaint to local labour commissioner. 2. File a civil suit for recovery of your salary before that send a legal notice to them.
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