Implication of the Supreme Court Judgements on Employee Provident Fund in India

Jayant Thakur, India Country Counsel, Dimension Data India Private Limited, India

In India, there is a long-standing dispute between Employers and Employee’s Provident Fund Organization (EPFO) on the amount on which Provident Fund (PF) is to be deducted. The dispute is essentially due to ambiguity in section 2(b) and section 6 of the Employee’s Provident Fund and Miscellaneous Provisions Act, 1952. Section 2 (b): “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 contract of employment and which are paid or payable in cash to him, but does not include (i) The cash value of any food concession; (ii) Any dearness allowance (that is to say, all cash payments by whatever name called paid to an employee on account of a rise in the cost of living), house rent allowance, overtime allowance, bonus, commission or any other similar allowance payable to the employee in respect of his employment or of work done in such employment. (iii) Any presents made by the employer;

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India Employment Data Protection September 2019 Vol.12, No. 48, Summer 2019

Jayant Thakur

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Jayant Thakur is currently working with the senior leadership team of Dimension Data in India and he is responsible for providing end to end legal support for Dimension Data India Pvt. Ltd. and he also provide support to other group companies of Dimension Data in India on need basis. Jayant has supported his clients in closing large complex IT deals from the pursuit stage to contract signing. Jayant has handled multi million multi country IT outsourcing transactions in India and outside India as lead lawyer. Jayant also works with internal business and support functions and provide legal opinion and guidance on strategic and key policy issues. He provides support to his internal clients on range of legal and compliance related issues covering employment laws, export compliance, FEMA, FCPA, UK Bribery Act and local legislation dealing with corruption and unethical practices. He has handled general legal issues including litigation and arbitration as an in house counsel in his current role and as a litigating lawyer previously with the firm.

Dimension Data India Private Limited

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Dimension Data is a global technology integrator and managed services provider that helps its clients achieve great things and create new possibilities through the use and adoption of technology. Dimension Data brings together the world’s best technology provided by market leaders and niche innovators – from consulting, technical and support services to a fully managed service. As a proud member of the NTT family, Dimension Data invests heavily in innovation, which has led over 100 prestigious industry awards for its commitment to driving excellence and innovation.

India Employment Data Protection September 2019 Vol.12, No. 48, Summer 2019