The Madras High Court has ruled that PF should not be deducted from leave encashment, as it's not part of regular wages. If your EPF account has incorrect details like your name, DOB, or joining date, you can correct them using the EPF Joint Declaration Form. Just fill it, sign it with your employer, attach valid proof, and submit it to your regional EPFO office.
In a significant decision, the Madurai Bench of the Madras High Court ruled that Provident Fund (PF) contributions should not be deducted from payments made towards annual leave encashment.
Justice K. Chandru, after hearing multiple writ petitions from various factories, stated that:
Justice Chandru also highlighted that the EPF & Miscellaneous Provisions Act, 1952, defines "basic wage" as the salary earned by an employee while on duty, on leave with pay, or on holidays with pay — this refers to regular weekends or national holidays, not encashed leaves.
This ruling differs from earlier decisions by the Bombay and Karnataka High Courts, but supports the view of the EPF Appellate Tribunal (New Delhi, 2000), which also rejected PF deductions on leave encashment to avoid confusion.
The EPF Joint Declaration Form is a document used to correct personal details in your EPF account. It must be jointly signed by you (the employee) and your employer and submitted to your regional EPF office.
You can use this form to correct or update:
All supporting documents must be self-attested and attached with the filled form before submitting.
Submit the form to your nearest Regional EPFO Office. Make sure it’s signed by both you and your employer, and attach all necessary proof documents.
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