INTERIM STAY -DELHI &AP HIGH COURT-ESI CIRCULAR

Dear All



Sub: Interim Stay by Delhi & AP High Court of ESI Minimum Wage Circular



In one of News letter we had highlighted Circular No.: Coord/4(6)2003/Clarification/Vol-II/ Dated: 23-05-2011of Mr K.C. Pandey Addl. Central P.F.Commissioner(Compliance) Employees Provident Fund Organization (Ministry of Labour & Employment, Govt. of India), Head Office, Bhavrshya Yidhr Bhawan, 14, Bhikaiji Cama Place. New  Delhi prohibiting splitting of Minimum Wages for the purpose of PF contribution.



There is very good News for the Staffing Industry. The Delhi High Court in the matter of Pvt Security Industries vs EPFO on 30-08-2011 by the order of Hon’ble S.Muralidhar has granted limited stay of the circular .Similarly Andhra pradesh  High Court on 29.09.2011 has granted interim stay in Writ Petitions filed before the said Court.



Therefore the Circular No.: Coord/4(6)2003/Clarification/Vol-II/ Dated: 23-05-2011of Mr K.C. Pandey Addl. Central P.F.Commissioner(Compliance) Employees Provident Fund Organization (Ministry of Labour & Employment, Govt. of India), Head Office, Bhavrshya Yidhr Bhawan, 14, Bhikaiji Cama Place. New Delhi - 110 066 prohibiting splitting of Minimum Wages for the purpose of PF contribution has now come for Judicial review and its enforcement is subject to the legal decision.



With Regards



V.Sounder Rajan

VS Rajan Associates,

Advocates & Notaries -Legal Consultants