Ramesh
05 March 2009 at 11:56
One of our contractor is not paying provident fund amount of his workmen to the PF Dept as he says that his workmen are excluded employees under Para 2 (f) of the PF Scheme as they are drawing more than Rs.6500/-
He has produced case law Andhra University V/s RPFC 1985 (51) FLR 605(SC)
Our contention is he will have to pay PF contribution upto the amount of Rs.6500/- above Rs.6500/- he may not deduct and pay.
Kindly give your opinion on the above
Regards,
Ramesh Mande
SARAVANAN.R
04 March 2009 at 17:09
Sir,
In I.D ACT, prohibition of Strikes and Lockout is mentined in the relevant sections. My question is why this two notices are necessary.
Please tell me whether I am correct in assuming that In six weeks notice, date is not specified. In 14 days notice, date and time is clearly specified.
Please feel free to answer this.
SARAVANAN.R
04 March 2009 at 17:09
Sir,
In I.D ACT, prohibition of Strikes and Lockout is mentined in the relevant sections. My question is why this two notices are necessary.
Please tell me whether I am correct in assuming that In six weeks notice, date is not specified. In 14 days notice, date and time is clearly specified.
Please feel free to answer this.
V.Raghavan
03 March 2009 at 14:20
Kindly inform me the role of the Commr of Labour in the cociliation proceedings? Can he pass an order without hearing the side of the management? Having received the full and final settlement a worker lodeged complaint with the Commr.of Labour seeking relief for further money or reinstatement. The company is a very small with 3 workers. The worker was in practise of joining and leaving the company thrice after getting settlment dues. Since it is very diffcult to get a trained worker the management was also in practise of appointing him often as a fresh one each time. In the last time he voluntarily left the company got the settlement amout and after trying employment somewhereelse and not found hence he lodged the complaint. Advice me is it to show all the records to this conciliation officer? Can he empowered to pass an order in this regard? If order passed how to challange it? To my satisfaction i feel the worker is paid more than he worked. The company is not under the purview of any of the labour act. Advice me.
SARAVANAN.R
02 March 2009 at 10:35
Sir,
To make a strike or lock out, it is mentioned in the ACT to give Six Weeks notice and 14 days notice. Please tell me
whether such two notices are required.
Saravanan
SARAVANAN.R
02 March 2009 at 10:30
Sir,
I have read in various books about Strikes and Lock outs. If the Management declares a lock out of a factory, whether the workers there will be entitled to wages for the period of lock out.
Hope that if the lock out declared illegal, workers will get full wages for that period. Is it correct?
In Alleppey, I have seen managements declaring lock out in so many factories. Till the issue is resolved or if one of the parties fail to respond, what will be the fate of the worker.
When we are so much concerned about labour welfare, Is there any solution in I.D ACT or any other legislation or if anything is mentioned in Standing Orders Act) to solve the problem. Please answer this sir.
Saravanan
Arihant AC
02 March 2009 at 10:22
Dear Experts,
An Establishment is in working condition and made his PF Amount in time as per EPF Act. but somehow the Case file against Establishment of non making compliance under section 7A. All the Copy of Challans along with Form12A & Form 5/10 was submitted in PF Office than now the P.F. Auhority demand Audit Report for rectification of Salary Exp. From which they demand to Pay PF on total Salary shown in Audit Report. But Establsihment shows Salary Register to PF Authority that most of the Employees are drawing wages more than Rs. 6500/- and therefore they are exempted as per rules under EPF Act. Also they demand PF Contribution on labour charges paid to such Employees who has work for us under Civil Construction for few days only.
In this regards I want draft or affidavit to put under section 7A regarding the said matter. & what type of action we can take.
Regds,
NAC
Manoj Kumar
01 March 2009 at 21:14
sir
i want to know that leave encashment paid on basic salary or gross salary
Arihant AC
28 February 2009 at 19:02
Dear Experts
Would any body guide me how to appear or any draft to put under sec. 7A before Asst. P. F. Commissioner. As the Establ. is running and making his compliance in time. but the authority has demand from Audit Report. on Total Salary which include higher salary person also. Please guide me ?
Regds, NAC
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
provisions in law regarding strikes and lock out in factories not coming under Public Utility Services
Dear Sir,
I have received indepth answers regarding strikes and lock outs in public utility services and notices etc. I once again thank our experts.
In case the factory not coming under public utility services, viz APPOLLO TYRES OR ANY OTHER PRIVATE FACTORIES,what is the procedure envisaged under I.D ACT.
One of the experts have opined in his answer that a government Order saying that the lock out is illegal will help the worker in claiming back wages.
But then why workers in private factories or factories not coming under Government control are denied justice. To quote one of the examples, I have a factory KERALA SPINNERS LTD or BALARAMAPURAM SPINNING MILLS .
Sir, If the management of a private factory is not co-operating, is there any provisions in our law to enable the Government to take over the factory or dispose off the land or give it to any other party or forcefully take the land or any other measures that will ultimately benefit the society as a whole.
Is there any possibility for an ex-parte judgement in labour issues.
I would be grateful, if I can get an answer.
Saravanan