MoJo | Issue 10 | An Initiative By karma Global
Karma Management Global Consulting Solutions Pvt Ltd
Enhancing HR & Compliance with Efficiency
International News
1.Instant Messaging an Integral Part of Corporate Landscape Is a Risk with Use of Personal Devices, A Serious Threat or Can It Be Overlooked!
2. Changes to Australian Workplace Laws!
3.Starbucks Workers United filed more than 30 charges alleging unfair labour practices committed by Starbucks at 21 Stores in the Buffalo, New York area.
4.ILo Launches Two New Tools to Investigate Care Policies World Wide!
National news:
1.The government’s Notification dated 7th March clarifies that money laundering laws will apply to cryptocurrencies!
https://karmamgmt.com/blog/governments-notification-dated-7th-march-clarifies-that-money-laundering/
2.EPFO blocks Gupta’s pension over observation of the SC’s judgment of 4th November, likely to move the Courtagain!
3.Apple and Foxconn Labour Reforms Effort Results in 12-Hour Shift and Night-Time Work for Women in Karnataka State!
https://karmamgmt.com/blog/apple-and-foxconn-labour-reforms-effort-results-in-12-hour-shift/
4.UN REPORT -?What does it say!
领英推荐
Judgments:
For clubbing of two establishments functional interdependence would be essential.
Central Board of Trustees Through Regional Provident Fund Commissioner vs M/s Frohberg Reality Pvt Ltd LLR 327 (Gujarat HC)
Limitation Act is not applicable in filing appeals.
Town Municipal Council vs The Assistant Provident Fund Commissioner and Other LLR 330 (Karnataka HC)
Beneficiaries are entitled only to interest when the EPF contributions are deposited belatedly.
Regional Provident Fund Commissioner, Orissa vs Orissa Commercial Transport Corporation Ltd LLR 316 (Orissa HC)
Ad hoc allowance linked with attendance, when variable, would not be treated as basic wages.
Regional Provident Fund Commissioner, Hyderabad vs M/s. VST Industries Ltd Hyderabad and another. LLR 319 (Andhra Pradesh HC)
?Blog:
Understanding of basic wages before we go into the judgment of 2023 LLR –?madras high court – w.p. no. 6966 and m.p. no. 2/2014 dated 2/1/2023 – trident facility services v/s EPFO appellate tribunal, New Delhi
The Management of Trident Facility Services Private Limited. Vs The Presiding Officer, employees Provident Fund Appellate Tribunal, New Delhi and Anr LLR 344 (Madras HC)
The petitioner company is an establishment covered under the EPF Act. When the second respondent - EPFO alleged that the establishment had failed to remit the PF contribution dues, an enquiry was initiated. It was found that the establishment was remitting the contributions only on the basic component of the wages. The wages had been split into Basic, house rent allowance and over time allowance. Therefore, EPFO passed an order under Section 7A for collecting contributions according to the minimum wage rules, applicable to the company. An appeal was filed against it before the Appellate Tribunal, which was rejected, and thus present writ petition was filed.
It was contended that the petitioner has been remitting EPF contributions only on the basic component of wages, in order to avoid their liability towards contributions. The HC observed that since the EPF Act does not include HRA and OTA allowances, the contributions made by the establishment on the basic pay including these allowances cannot be found faulted i.e. wrong. It was further observed that EPFO had adopted a novel method of increasing the contributions from the establishment by taking into account the minimum wages notified by the State Government to such establishments where the petitioner had deployed their manpower. The HC held that EPFO was at fault for overstepping and going beyond their jurisdiction by including Minimum Wages rules as notified by the Government, in the PF dues calculation as levied upon the petitioner. Therefore, the enquiry conducted under Sec. 7A was deemed to be without authority and jurisdiction and thereby the said order was quashed by the HC.
?Did you know:
The?Centre for Monitoring Indian Economy, a private organization (CMIE), estimates India's unemployment rate in India is around?8.3%?at present. It is 10.09% in urban India whereas only 7.44% in rural India.