Labour Law Updates
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NOTIFICATIONS!
- Jharkhand – Minimum Wages – 14-10-2024
- Puducherry – Declaration holiday on occasion of Diwali – 28-10-2024
- Maharashtra – Declaration election holiday due general election – 20-10-2024
- New Delhi – Timely disbursement of pension of EPS 95 pensioners – 25-10-2024
- New Delhi – Rationalization of Regional Offices under Bengaluru Zone along with opening of two (02) new offices in EPF – 25-10-2025
- Haryana – submission of EMI ER-II Returns – 23-10-2024
- Tamil Nadu – Minimum Wages – 23-10-2024
- Madhya Pradesh – Minimum Wages – 23-10-2024
- Goa – List of Holidays – 24-10-2024
- Kerala – Minimum Wages – 21-10-2024
- Chhattisgarh – List of Holidays – 15-10-2024
- New Delhi – Rights of Persons with Disabilities (Amendment) Rules – 16-10-2024
- Cooperative Societies are not excluded from the ambit of the Kerala Co-operative Societies Act.
- Principal employer is duty bound to deduct and deposit provident fund in PF of employer, if contractor does not possess PF account.
- Funding has nothing to do with the criminal prosecution sought under the BOCW Act.
- Summons can be issued against the occupier only after establishing prima facie violation of the Factories Act.
- No appeal can be filed against the order of the Compensation Commissioner on the question of monthly wages of the deceased employee.
- Once the PF account has become inoperative, no interest can be accrued.
- Even if the employee accepted the compensation amount, he can still question the validity of the retrenchment.
- Mere completion of 240 days of service cannot be a factor for granting of benefit of permanency to temporary employees.
- Dispute touching the business of a society cannot be intermingled with the dispute pertaining to employment.
- It will always be presumed that the workman has worked continuously, unless the contrary is proved.
- There is no manner in which a person can prove he is unemployed because the negative cannot be established.
- There is no prohibition against the principal employer or the contractor agreeing that one of them would reimburse the other discharge of the statutory liability under the Cess Act.
- Application for suspension of long-term suspension, even in sexual harassment cases, should be taken into consideration by the authorities.
LATEST JUDGMENTS
- Jurisdiction for recovery of money under the Working Journalists Act is determined by situs of the cause of action, including where a substantial part of employment occurred.
- Withdrawal of reference extinguishes right to re-agitate issue, barring subsequent claims for relief under ID Act.
- Prolonged delays in industrial disputes warrant equitable compensation rather than regularization when workmen have reached superannuation or disengagement.
- Contractual employees are entitled to maternity leave under Maternity Benefit Act however, honorarium for such leave may be denied if prescribed by specific departmental policies.
- A writ petition would not lie when the appropriate Government refused to abolish engagement of contract labour with respect to a particular service.
- A forfeiture of gratuity is proper when an employee is terminated for causing embezzlement.
- Even if no inquiry has been held by an employer, the Tribunal has to give an opportunity to the employer and employee to adduce evidence before it.
- Gratuity cannot be forfeited when an employee has superannuated from service.
- The terms and conditions of offer of appointment and the remuneration received can be used to prove that the workman was working for 240 days.
- EPFO will have to move its claims for damages and interests before the liquidator in the case of a cooperative society in Himachal Pradesh.
- There was no adverse inference against the management for non-production of muster rolls when the workman admitted that he had never summoned the relevant muster roll himself.
- Factum of payment of wages as well as contribution towards 1948 Act and 1952 Scheme to be considered while establishing the employer-employee relationship.
- Documents relating to pending criminal cases between the management and employee will not be taken on record belatedly if they are not relevant to the industrial dispute.