PF & ESI on casual labor
This query is : Resolved
10 May 2023
Pls suggest the legal views on the following case:
There are 2 types of workers in a factory, permanent & casual. Permanent workers are covered under PF & ESI. Casual workers are deployed when needed. Further these casual labors may not be same persons every time. Even number of these casual workers may vary as per the quantum of work. Now the question is whether PF/ESI will be deposited for these workers or not? What will be the provision, when some of the workers deployed on 1 day but they will never been deployed again?
There are 2 types of workers in a factory, permanent & casual. Permanent workers are covered under PF & ESI. Casual workers are deployed when needed. Further these casual labors may not be same persons every time. Even number of these casual workers may vary as per the quantum of work. Now the question is whether PF/ESI will be deposited for these workers or not? What will be the provision, when some of the workers deployed on 1 day but they will never been deployed again?
11 May 2023
Supreme Court has held that Section 2(22) of the ESI Act covers the “casual employees” employed for a few days on a work of perennial nature and wages as defined in section 2(22) and wage period as defined in section 2(23) does not exclude the wages payable to casual workers. They cannot be deprived of the beneficial provisions of the Act.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- CAPITAL GAIN REDEVELOPED FLAT
- CLOSING STOCK QUERY
- Requirement under FEMA &RBI
- REGARDING ITR FILING QUESTION
- ITC BENEFIT ON BROKRAGE PAID
- TDS refund Indemnity Bond
- DUE DATE FOR ITR FILING
- Query regarding TDS on EPFO Higher Pension Arrears- under wrong section
- GST ISD Query on various AMCs
- Technical Glitch in ITR-4 Online Form (AY 2026-27): Sec 44AE Partner Remuneration not mapping to E8
- Concept of Vendor and customner reconciliation
- Mistake in e-invoice identified after 24 hours
- EXPORT PAYMENT
- NRI ITR2 account in 2025-26.
- Query regarding reporting of exempt foreign remuneration in ITR (AY 2026-27)
- FEMA/RBI treatment — Amazon.ca arbitrage (US buy, Canada sell, goods never enter India)
- Goods return by customer
- INWARD REMITTANCE FOREIGN
- CPC and SAC
- Account freezed for Ineligible ITC Scrutiny for GST Annual Return
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
