pranab majumdar
16 December 2012 at 13:38
Respected sir,
Up to what extent defective vision due to work injury in a company can be declared as
disability? pl.suggest.Regards.
Pranab
Saurabh Kumar Singh
15 December 2012 at 16:06
Dear Members,
As per the circular dated November 30, 2012, was issued after internal review meetings held in late November and has beenforwarded to Employee Provident Fund offices across India. Historically, most companies have been computing provident fund (PF) contributions (at 12% each by the employer and employee) against basic salary and dearness allowance only. However, the definition of basic wages has been a contentious issue, with PF authorities claiming that companies split the basic wages into various allowances to reduce the quantum of PF contributions.
The circular deals with this “splitting up” practice adopted by employers. It states that basic wages will include all allowances which are “ordinarily, necessarily and uniformly” paid to the employees. Thus, various allowances such as conveyance, educational allowance, medical allowance, etc., will have to be taken into consideration while computing the PF contribution.
my query is how can we implement the provision of said circular plz guide.
Saurabh Kumar Singh
15 December 2012 at 15:55
Dear members,
as per EPFMP Act 1952 "It is mandatory for every employee drawing a basic pay of up to Rs. 6,500 per month to make contribution towards EPF. However, employees drawing basic salary over Rs. 6,501 per month have an option to get PF deducted from their salary."
Now my query is supported by following example- Employees working in the establishment with 6501 or more basic salary and the establishment is deducting & depositing the PF Contribution on the basis of basic salary of 6501 or more.
Meanwhile employee give declaration that they do not want to get deduction/deposition of PF Contribution on more than the basic amount of Rs.6500/- (as per sealing of the act.
Q1: Now please guide us “Is it possible? If yes, then under which provisions of the PF Act?”
Q2: If it is possible then from which period we may implement the same i.e. from date of declaration or from the coming return period?
yours valuable inputs are requested.
Saurabh Kumar Singh
15 December 2012 at 15:22
Dear Experts,
please help me on following query:-
1. X employee has resiged from C group company and joined the C1 company( sister concern of C company). X is not willing to continue his old PF a/c and opened new PF a/c with C1 company. please explain- (a) He can be allowed to wihdraw PF amount laying with c company or not. (b) if allowed, then under which provisions (c) if not allowed, then why.
yours view requested.
RAJASEKAR
15 December 2012 at 09:32
my brother is working as a staff in self aided polytecnic lab assistant, recently suspended by secretary, may i move forward to civil court, or labour court,
some friends recommend to file petition before labor inspector for raising issues?( sec 2 industrial disputes act)
what shall i advise to him?
please guide me
Isaac Gabriel
15 December 2012 at 06:25
An employee of a cooperative society was relieved from duty on attaining age of superannuation on 31/05/2009 without prejudice to the disciplinary action pending against.On 05/12/2012 the disciplinary action was disposed with the punishment of termination from service with retrospective effect from 30/05/2009.Is retrospective termination valid? If not to whom the case to be filed?
ravikant prasad
15 December 2012 at 00:04
hi sir/madam
I am government employee working in Dept.of Atomic Energy.As I was selected as open category candidate for my current job as I do not have the Caste certificate at the time of recruitment/selection,so I applied in General category and got selected ,but Now i have made Caste certificate and i want to take benefit of scheduled caste reservation in my promotion .
so plz tell me how can i do this.
i have joined DAE 11 Yrs ago and my service period has completed 9 yrs excluding 2 yrs of training period.
T.H. Sree Rama
14 December 2012 at 18:46
a) CWC, coming under the Ministry of Food has introduced Pension Scheme applicable to employees retiring on or after 1-1-2007;
b) Myself having opted for Voluntary Retirement scheme with effect from 31-3-1994 along with 455 employers as a result of myself taking up the issue with the Parliamentary Committee on Public Sector Undertakings;
c) My appeal for making applicable the pension scheme in my case on the anology that there remained no justification for any cut off date in respect of the extension of such benefits, in as much as pension is a reward for the past service duly supported by a number of land mark judgements by Hon'ble Supreme Court of India.
d) Very recently, Cabinet Secretariat at the interference of Hon'ble supreme Court of India has cleared a pending file of extension of the benefits of pension hike to DEFENCE Retired Employees despite the fact that they retired prior to 1-1-2006. In the said case, Government had insisted and imcorporated a cut off date of 1-1-2006 ie., employees retiring on or after 1-1-12006. The issue was taken up by the employees who retired prior to 1-1-2006 and judgement went in favour of these people despite the fact that such decision involved the incurrence of an additional expenditure to the tune of Rs.4000 crores per annum. This is the greatness of Indian Constitution and Memorable judgement by hon'ble Supreme Court of India.
e) CWC on one of 67 CPSUs adotpting in totality central FRS-SRS - CSRs - GFRs etc., for all establishment matters. Moreover these CPSUS carry 51% of Central Government Shares.
f) Under such circumstances, I strongly feel that the denial of my claim by CWC is totally illogical, unreasonable and unconstitutional. I had taken up the matter the Ministry of Food, Department of Pensioners and pensions welfare, President of India, & the papers have been got marked to the Comptroller & Auditor General of India for his valuable comments, advice and necessary directives in this behalf. The outcoming decision shall be a land mark achievement for and on behalf of all Central Public Sector Undertaking employees facing the denial of the implementaton of pension scheme in general and CWC in particular.
With the above background, I shall be highly obliged, if these issues are got examined in depth and at length and commenets / conclusions / advice passed on to me so that I can take up the issue further with the support of Supremen Court Grievance Redressal Supporting Services recently established by Hon'ble Supremen Court of India.
Thanking your good selves
Yours Sincerely
T.H. Sree Rama
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Labour dispute
Sirs,
my client says :
"I resigned from my company giving 3 months notice period(as per
appointment letter). My appointment letter contained the clause "after
confirmation of your appointment, the company may terminate your
services by giving you 3 months notice in writing, or payment of 3
month's salary in lieu of such notice. In the event you desire to
leave the services of the company, you will be required to give the
company 3 month's notice in writing or your total remuneration for 3
months". My company decided to release within 15 days of my
resignation, though I mentioned my last day of work in my resignation.
Is the company now, liable to pay for the payment in lieu of my
balance period?"
please advise me and my client ?