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 Labour Law Update 


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EPF   1997-98

 

 

HINDUSTAN TIMES LTD

VS

UNION OF INDIA [1998 (78) FLR-332 SC-DB]

EMPLOYER HAD DEFAULTED PAYMENT OF EPF DURING 1965-68.  THE EPF AUTHORITIES RAISED A DAMAGE CLAIM IN 1980.  IS THE CLAIM AFTER LAPSE OF 14 YEARS TIME BARRED AND NOT MAINTAINABLE ?

THERE IS NO PERIOD OF LIMITATION PRESCRIBED UNDER SECTION 14-b AND THERE CAN BE NO INFERENCE THAT THE AUTHORITIES HAVE WAIVED THE CLAIM BY BEING SILENT FOR SO LONG.  HOWEVER THE EMPLOYER CAN CLAIM PREJUDICE IF THERE IS PROOF THAT BETWEEN THE PERIOD OF DEFAULT AND DATE OF INITIATION OF ACTION UNDER 14-b, THE POSITION HAS CHANGED TO HIS DETRIEMENT TO SUCH AN EXTENT THAT IF RECOVERY IS MADE AFTER SUCH A LONG PERIOD, IRRETRIEVABLE PREJUDICE WOULD BE CAUSED TO HIM.


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EPF   1999


the daily pratap

vs.

the regional provident fund commissioner, chandigarh [1998(80)flr 894 sc-db]

as per section 2(b) (ii) of the epf act, production bonus payments are excluded from the purview of “basic wages’ and no epf contributions are payable on the same. a company was paying a certain amount as production bonus without the workmen having to put in any extra output.  would such payments fall outside the purview of the term ‘basic wages’ under epf act ?

unless the workmen give extra output, such payments cannot be treated as production bonus for it TO fall outside the definition of “basic wages”. epf will be attracted on such payments.

d.c.m ltd

vs

r.p.f commissioner [1998 llr 532 hc-raj] madura coats

vs

regional provident fund commissioner, goa

will over time payments made to workers attract epf contributions ?

if payment is genuinely for extra hours worked it will be ot payment and fall outside the definition of basic wages as per section 2(b) of the epf act

if it is not for any extra work but only called ot allowance for payment purposes it will not fall outside the defenition of basic wages and epf will be payable.

[1998(80)flr 864 hc-bom-sb]

or

[1999(1) llj 928]

company had an exempted epf scheme and was permitting epf contribution on salaries above epf coverage limit. company  now wishes to peg the employer’s contribution  to the maximum coverage salary limit.  is this permissible ?

this cannot be done without applying to the government and obtaining fresh exemptions, as section 17(3)(b) requires employer not to reduce any benefit prevailing at the time of seeking exemption.