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ARTICLE · 19 DECEMBER 2019

Provident Fund – Latest Judgment!

There have been several controversies surrounding the calculation of Provident Fund ("PF"). The Supreme Court, in the case of "The Regional Provident Fund Commissioner (II) West Bengal v. Vivekananda

IndiaEmployment and HR

There have been several controversies surrounding the calculation of Provident Fund ("PF").  The Supreme Court, in the case of "The Regional Provident Fund Commissioner (II) West Bengal v. Vivekananda Vidyamandir and Others", has laid to rest these controversies by shedding light on which components of an employee's salary can be considered as basic wages for the purpose of PF calculations.

Before we examine the outcome of the judgment, it's important to take a look at the meaning of 'basic wages'. The term 'basic wages' has been defined by sections 2 (b) (ii) and 6 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 ("PF Act") to mean "all emoluments which are earned by the employees while on duty or on leave or on holiday with wages in accordance with the terms of their employment contract (and is payable in cash) and includes dearness allowance, retaining allowance1, and the cash value of food concession, but does not include allowances such

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