Supreme Court Stays M P High Court's Order in EPF contribution matter

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LABOUR LAW UP-DATE

SUPREME COURT ON EPF CONTRIBUTIONS ON ALLOWANCES

It may be recollected that in a Review Petition by Surya Roshni Limited vs. Employees’ Provident Fund and Another, 2012 LLR 42, Division Bench of Madhya Pradesh High Court has held that Section 2(b) and 6 of the Employees’ Provident Funds & Miscellaneous Provisions Act define basic wages and HRA, overtime allowance, bonus, commission or any other similar allowance are not covered in the definition of basic wages but when special allowance, dearness allowance, conveyance allowance and other allowances are paid universally to all the employees, they would be treated as part and parcel of basic wages.

A special leave petition to appeal, as filed, came up for hearing on 13.7.2012, in which the following order was passed :

ITEM NO.MM-128            COURT NO.12            SECTION XV
S U P R E M E      C O U R T      O F       I N D I A
RECORD OF PROCEEDINGS
I.A. NOS.4-5 in
Petition(s) for Special Leave to Appeal (Civil) No(s).8781-8782/2012
(From the judgment and order dated 24-3-2011 in WPC No.1891/2011 and dated 22-11-2011 in RP No.117/2011 of the High Court of M.P. at Gwalior)
SURYA ROSHNI LTD.                                                                                                     Petitioner(s)
versus

EMP. PROVIDENT FUND & ANR.                                                                                    Respondent(s)

(FOR DIRECTIONS)
Date: 13-7-2012 These I.As were mentioned today
CORAM :
          HON’BLE MR. JUSTICE K.S. RADHAKRISHNAN
          HON’BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) : Mr. Rohit Arya, Sr. Adv., Mr. Gagan Gupta, Adv., Mr. Harvinder Singh, Adv., Mr. Sunil Singh Parihar, Adv., Mr. Nitin Gaur, Adv.
For Respondent(s) : Ms. Liz Mathew
Upon being mentioned the Court made the following

ORDER
Considering the facts and circumstances of the case we are inclined to direct the petitioner to deposit 60% of the amount demanded, after getting credit to the amount already paid, within a period of two weeks.
On the above facts, we are inclined to grant stay of the High Court judgment.
The I.As are, accordingly, disposed of.
(NARENDRA PRASAD)                                                                                 (RENUKA SADANA)
COURT MASTER                                                                                           COURT MASTER
Courtesy:LABOUR LAW REPORTER


































































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