Arrears Calculation.

sagar (Querist) 27 April 2008 This query is : Resolved
When one employer give arrears to emplyoee then is there any rule that emplyoer have to take OT hours in calculatio with days also. Pls help.Its very urgent. Mail Id sagar@umasons.com

Sagar.

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H. S. Thukral (Expert) 28 April 2008
In a case ( ask if ref is required) the SC has held that The expression "basic wages for the time being payable to each of the employees" means the "basic wages" at the relevant time. When the existing pay scales are revised with effect from back date then the revised wages posterior to that date are the "basic wages for the time being payable". The Supreme Court was hearing an appeal from the decision of HC that arrears of Provident Fund are not payable on revised wages in an award of Industrial Tribunal.
In view of the observations of SC the overtime wages shall also be payable on arrears of salary.

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