Dear Parimal,
It appears from the post that you want to separate the salary block into Basic, DA etc and want to contribute only on Basic. So you are asking whether there will be any legal obligation.
This question is asked in many posts by many angles. So I thought to give a detailed reply:
(Figures imaginary and are for illustration only)
Assume Minimum Wages are Basic= 4,000, Special Allowance= 2,000 and HRA (@ 5%)= 300.
Gross Wages (B+SA+HRA )= 6,300
Empr's Contribution of PF will be on Basic and SA = 12% of 6000= 720.00
Employer's Contri. on ESI on Gross = 4.75% of 6300= 299.00
Case 1: Employer's Trick of flouting PF
Basic =1000, DA= 1000 and HRA @40% on Basic and DA = 800, Allowance 1 @50% =1000, Allowance 2 @50%= 1000, Allowance 3 @ 50% =1000 and Allowance 4 @ 25%= 500.
Gross= 6,300
PF only on Basic and DA= 240
ESI on Gross= 299.
The difference of PF in the above calculations is (720-240)= 480
If we consider the purposes of the PF Act, the trick of employer as shown in Case 1 will not work. Any thing below the MW for PF will not work. Employers should avoid fouling with PF act and should have a policy of proper implementation of PF scheme.
I hope I have answered the query
Adv. K. H. Kulkarni