sachin agarwal
05 February 2017 at 22:54
When a trainee is imparted for the purpose of training only for upgrading his skill and not to do any work for the gains of the employer and by the employer any amount paid to him attracting him to attend coaching classes cannot be treated as wages for the purpose of provident fund contribution under the definition's of the act, 1952 and an amount paid to a trainee is incentive and not wages for the purpose of PF contribution and if the purpose of that amount to pay to the trainee is only to attract the trainee for upgrading his skill.
In the absence of payment of wages to a person employed by an employer, the relationship of an employer- employee would not come into existence for the purpose of provident fund contribution.
It is clear that only when an amount is paid to an employee and same is qualified as wages under section 2(4) of the act, 1952 would attract the PF contribution and not otherwise.
In a one hand the labour laws, shall not apply to any apprenticed and in other hand, it trainee undergoing apprentice under the apprentice act, 1961 or under the standing orders of such establishment shall be a trainee and not a worker to be covered under the act, 1952. Although it is very clear under the law that as per section 2(f) of the act, 1952 that any person engaged as an apprentice, or trainee not being an apprentice under the apprentice act, 1961 or under the standing order of the establishment, is an employee to be covered under the act, 1952 for the contribution of provident fund.
sachin agarwal
05 February 2017 at 22:20
Appellate Tribunal can not pass a conditional order on application for stay under section 14B and 7Q of the EPF Act, 1952 (Delhi High Court)
sachin agarwal
05 February 2017 at 22:15
can a restoration application after the prescribed period of limitation as prescribed under law if yes under which provision and Judgments and if not than what next remedy available to the appellant to seek justice.
ramesh shinde
05 February 2017 at 20:18
What happens when defendant doesn't appear to give his say on an application(By Plaintiff) for leave for interrogatories(ORDER XI Rule 1),
do Plaintiff have to send the application copy via a notice or send him summons? what is the procedure next?
Prashanth G
05 February 2017 at 19:49
My wife asked for maintenance on dv act case and judge passed maintenance for kid ,but the prayer my wife asked for maintenance her self and I got stay order from the session court still case is running with maintenance due...later my wife got married a new guy with out a divorce and FIR has been registered on in her n that new guy...later my wife died with throat cancer and I got death certificate also...now what happens to maintenance on dv act case?Please suggest me ..sincere request
Prashanth G
05 February 2017 at 19:47
My wife asked for maintenance on dv act case and judge passed maintenance for kid ,but the prayer my wife asked for maintenance her self and I got stay order from the session court still case is running with maintenance due...later my wife got married a new guy with out a divorce and FIR has been registered on in her n that new guy...later my wife died with throat cancer and I got death certificate also...now what happens to maintenance on dv act case?Please suggest me ..sincere request
Qutubuddin
05 February 2017 at 19:21
Hi sir
My father has land, which is managed by his elder brother who is in occupation of land. My father is a central goverment employee. when he retired and we asked him land, he is not giving land and showing his physical domination and influence in local level.
We got with great difficulty pass book and title deed. The lands are on my name.
Can i know the time limitaiton for partition suit.
Can you give us some advice with regard to this issues
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Maintenance by Daughter-in-law
1. Can a daughter- in - law get maintenance from father in law from self acquired Property although she get some share in property of her deceased husband?
2.Whether court fee should be pay by daughter in law if she file petition of maintenance against her father in law?
Thanks.