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C. M. POONACHA
Ibm India Private Limited – Appellant
Versus
Union Of India Represented By Its Principal Secretary, Ministry Of Labour & Employment, New Delhi – Respondent
ORDER :
The present petition is filed seeking for the following reliefs:
(b) Issue a writ of mandamus or other appropriate writ, direction or order to Respondent No.2 restraining him from collecting any provident fund contributions on the 17 B wages paid to the Respondent No.3, in terms of ANNEXURE 'L' order during the pendency of this petition;
(c) Grant such other or further relief to the Petitioner as may be deemed fit in the facts and circumstances of the case and in the interests of justice."
2. The facts leading to the present petition are that the respondent No.3 (herein after referred to as 'workman') was employed with the petitioner – Company and his services were terminated pursuant to the termination order dated 05.11.2001. Being aggrieved, the workman filed a petition under Section 10(4-A) of the Industrial Disputes Act, 1947 (for short 'I.D. Act') before the Labour Court, Bengaluru. The petitioner entered appearance in the said proceeding
Payment made under Section 17-B of the I.D. Act does not constitute 'wages' for the purpose of provident fund contribution.
Claiming wages - It is proved to the satisfaction of the High Court or Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part th....
Employee - Basic Wages - “Basic wages” means all emoluments which are earned by an employee while on duty or on leave or on holidays with wages in either case in accordance with the terms of the cont....
provision specifically provides that for computing the money value of a benefit accrued to the workman, the Labour Court can appoint the Commissioner for taking necessary evidence. Thus, the scope of....
Wages under Section 17(B) of the Industrial Disputes Act cease upon reaching the age of superannuation, emphasizing the link between wage entitlement and employment status.
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