mamta sanjay karkar
06 August 2011 at 10:09
mamta sanjay karkar
law officer
I want to know how the basic salary of any employee can be decided (legal base) ? I know the structure of minimum wages and DA that is declared by Govt. labour dept. But for PF concern how to make basic + DA from the total wages paid to an employee ? also can we pay any employee only 26 days salary in every month excluding sundays + National holidays ?
Mamta
Anonymous
05 August 2011 at 19:50
AN EMPLOYEE JOINS A PVT. LTD. COMPANY AND VOLUNTARILY EXECUTES "INDEMNITY BOND" OF2 LAKHS AS WELL AS "EMPLOYMENT AGREEMENT" (BOTH NOTARIZED)TO WORK FOR 2 YEARS.AFTER ONE YEAR, ONCE HE RECEIVED ANNUAL BONUS, HE ABANDONED THE JOB ON THE PRETEXT HE WAS NOT WELL.ON RECEIVING A COMPANY NOTICE HE SENT IN HIS RESIGNATION SAYING THAT WORK CONDITIONS WERE NOT COMFORTABLE.HE WAS SUPPOSED TO WORK FOR TWO YEARS OR PAY THE INDEMNIFIED AMOUNT. UNDER WHAT PROVISIONS OF LAW HE CAN BE SUED FOR THE RECOVERY OF INDEMNIFIED AMOUNT.?. WHAT ARE OTHER REMEDIES WITH THE EMPLOYER.?
Anonymous
05 August 2011 at 17:18
Sir,
Please tell me the standard salary structure as per law percent wise
Anonymous
05 August 2011 at 15:55
sir
if we did not file our EPF and ESIC Return and challan then what is the penalty and interest
NITIN
05 August 2011 at 14:19
Ours is a limited company. Recently PF inspection was done for the last 10 years.
We had not deducted and paid PF from the salaries of certian employees thinking that they are not covered.As per PF inspector these employees are covered.
Inspector has calculated a liability of around 5 lacs which represents employee and employer contributions. The question is, if we are on the wrong side of the law, then how can we pay the contribution for employees now, when almost all of them have left our company. We do not know their whereabouts. In whose account this contributions will be credited. We have not deducted any amount from these employees. Is there any legal remedy? What will be our further liability in terms of interest and penalty? Further if all these employees were getting less than Rs.6500/-, then should the contribution be 12% of Rs.6500/- or it will only be on the basic? How can we break up the salary today into basic and other allowances, when we have not shown any such break up in any of our books of accounts for all these years. We are paying PF of other employees regularly for all these years.
Anonymous
05 August 2011 at 11:45
Dear Sir,
Kindly confirm me whether CAT can hear cases related to service mattersof working officers ( i.e. pay fixation of officer on promotion/selection )of COAL INDIA LIMITED ( A Govy. Of India undertaking ) Public sector?
Has any amendment in this regard taken place in recently past one or two years.
thanks & regards.
GAURAV NAYAR
05 August 2011 at 11:35
Hi, Can please anyone enlighten me with the fact that whether an employer can ask its employees to serve the notice period and would not allow salary in lieu of the same for early exit.
Akshay Panchal
05 August 2011 at 09:37
I am working in one of the PSU company as an Assistant since 1991. My tract records since last 20 years are good and my CR do not have any adverse remarks.
My stagnation first stagnation increment was due in Apr-2010 but it was not released by the management. On inquiry the management orally replied that there is criminal case u/s 420 and 14b is pending against me which was filed by someone in the year 2007 and the same is on management's record for the reason that I was in police custody for the said case for more than 48 hours. Whether am I not eligible for stagnation increment as my records on the books of the company are outstanding and there is not CDA/Vigilance departmental inquiry pending against me?
NAVIN SURTI
04 August 2011 at 22:25
Sir,
I m the permanent employee of MODI RUBBER LTD., MUMBAI. In 1993 MODI RUBBER LTD., MUMBAI have illegaly terminate my service alongwith other employee. I have approched 11th Labour court by filing complaint No.ULP 289/93 wherein Court passed following order on 26th November 1999 :-
. THE COMPLAINT STANDS ALLOWED WITH NO ORDER AS TO COST.
IT IS DECLARED THAT THE RESPONDENTS CO.,HAS COMMITED UNFAIR LABOUR PRACTICES AS PER ITEM 1(b) AND (f) TO SCH. iv OF THE ACT,1971
THE RESPONDENT CO., IS HEREBY DIRECTED TO REINSTATE COMPLAINANT-WORKMAN ALONGWITH BENIFITS OF CONTINUITY OF SERVICE AND PAY HIM 50% OF BACK WAGES WITHIN A MONTH FROM TODAY.
SIR,MY QUESTION( 1)-Dose the above order speak about CONSEQUENTIAL BENIFITS ?
Company have reinstae me on 05th Octoberr,2000(As Lc order was challenged in Industrial Court & High Court) as company"s challenge rejected by HC and paid me 50% backwages as per their calculation.Company have not counted the amount of prior to termnation and after the 11th Labout Court Order(26/11/99) till actul reinstatement and also NOT CONSIDER other benifits for which i am eligible.Hence I again approched 11th LC by filing Misc.application ULP 06/2001 where in court have passed following order on 15th June,2002 :-
THE APPLICATION OF THE APPLICANT IS PARTLY ALLOWED.
THE CLAIM OF THE APPLICANT AS REGARDS BACKWAGES IS ONLY PARTLY ALLOWED COMPUTING THE BENIFITS FROM 13.9.1993 TO 30.11.1999(FROM THE DATE OF TERMINATION TO 11TH LABOUR COURT ORDER).THE APPLICANT IS ENTITLED TO RECEIVE FROM HIS EMPLOYER DIFFERENCE IN 50% OF BACK WAGES AMOUNTING TO Rs.35,345/- AGAINST THE CLAIM OF Rs.2,47,230/-
From non operative part-IT IS AT LIBERTY TO THE APPLICANT TO FILE APPROPRIATE CLAIM FOR CLAIMING WITHHELD WAGES UNDER THE APPROPRIATE LAW INVOKING APPROPRIATE PROVISON OF LAW. On baisis of this I again approched 11th LC by filing Application (IDA)No.357/2002. By amendment i add Salary amount as per Industrial Court order 1095/2001 and HIgh Court Order which you are handling.11th LC have rejected both claim by saying : On perusal of the order of 11th LC in Misc.application ULP 06/2001 it is crystal clear that the relief granted to the applicant was only of 50% back wages and the amount of back wages was also computed for specific period from 13.9.93 to 30.11.99 by the court it self.There is no order passed by the court granting any relief of continuity of service or attendant benifits to the applicant.Therefore to my mind , as per the order passed in this proceeding which was based onorder passed in 289/93 matter.The applicant is entitled only to get 50% back wages.Therefore to my mind , the other claims made by the applicant in this present application on basis of order passed in mattr 289/93,can not be granted to the applicant , as those claims made by himnot on any adjudication of any court .The Ld.advocate for applicant argued that,the judgment passed in 6/2001 has granted relief to him regarding his other claims,though such reliefs were not granted by operative part of the judgement.However I am unable to accept this contention , as the operativ order is very specific and is made in details..To my mind ,the applicant shoud have taken proper steps for review the application before that court for mentioned all other amounts which are mentioning in the body of the judgement ,in the operative order if such claime were really granted to him by the court.IT IS CARDINAL PRINCIPLE OF LAW THAT,RELIEFS WHICH ARE NOT GRANTED IN OPERATIVE PART, ARE TO BE REGARDING AS REJECTED.Hence as the operative order mentioned that applicant is entitled on for 35,345/-the applicant can claim only that relief in the present application.THERE IS NO SCOPE UNDER Sec.33C(2) of I. D. Act TO INTERPRET THE JUDGMENT PASSED BY A COMPETENT COURT, AND GRANT ANY RELIEF AS PER DIFFERENT INTERPRETATION.
The another part of the claim of the applicant is based on order passed in ulp 1095/01.However from the evidence on record as wellas from the arguments from both sides it appear that , a WP against the order 1095/01 and thereagter the order passed in WP is CHALLENGED before the DIVISION BENCH OF HC IS STILL PENDING. When order passed in 1095/01 has yet not reached to the finality and when matter is subjudice before HC ,NO RELIEF REGARDING THIS CLAIM CANBE GRANTED AT THIS STAGE.
THE APPLICATION STANDS REJECTED.
Sir,
NOW FOLLOWING QUESTION ARE ARISE FROM MY SIDE :-
1)Dose the order dtd. 26/11/99 in 289/93 speak about CONSEQUENTIAL BENIFITS ?
2)Approching of Courts against Order dtd.26/11/99 like Misc App.06/2001 and specially 357/2002 are in APPROPRIATE PROVISON OF LAW ?.
3) Can I challenge the order dtd.09/02/2011 of 11th LC in HC & GET ORDER IN MY FAVOUR FROM HC? or wait till the FINAL JUDGEMENT OF HIGH COURT IN LPA/127/08 AGAINST WP 3505/06-B.joseph and ors(I M AT Sr.04) v/s.MODI RUBBER LTD-.
4) From the date (9/2/2011) of Order passed by LC TILL what date I can approch High Court?
5)Is it adviseable to approch HC?
Thanks & regards,
NAVIN SURTI
naveensurti@gmail.com
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Emplloyees Provident Fund & Misc. Act 1952
History of the case: A person had made a complaint to Central P.F. Comm . which in turn was sent to Reg. P.F. Commissioner (RPFC) to take action u/s 14-B of EP & MP Act against employer for not having deposited p.f. contributions (employee + empr) due in the respective months from January 2002 to June 2002. Instead of sending notice to employer RPFC conspired with certain officials and employer deposited only the amount due and payable had it been deposited in the respective months of 2002. No interest as per S. 7Q of EP & MP Act was not deposited. The person had made complaints to CPFC, but no action was taken even though reminders were sent . As such made complaint to Secretary Labour, Govt. of India, in April 2011 – again no action was taken.
QUERY: Is there any limitation/ bar to file a case in the P.F. Tribunal u/s 7 I ( i.e. Seven i) or any other provisions and briefly state the procedure? Thanks in anticipation for early reply, please.