Advocate Girish Jayram

Simply that a principal employer has deposited statutory dues viz. Provident Fund contribution on its own code number for the workers of contractor, it cannot entitle those contract labour for seeking their regularization. In one of the case of Hon’ble High Court of India, it has been clarified that the principal employer has discharged its obligation in paying the provident fund contributions of the workers of contractor; then in that scenario it cannot be a ground for regularization of workers of the contractor since the principal employer can recover the amount, as paid, from the contractor. Under section 2(f) of the Employee’s Provident Funds Act, 1952, which defined the expression ‘employee’ as, any employee is included by or through a contractor in connection with the work of the establishment. Therefore, the liability to pay the provident fund would arise even in respect of an employee under a contractor. Under section 3A, the amount of contribution paid or payable by the ...

This question is bit difficult in general. But, as per legal perspective concerned, the burden of proof for having worked for 240 days continuously in the preceding 12 months lies upon the workman/employee. This is because; it is for workmen and not for the employer to prove, by evidence, that they had completed 240 days service in the preceding one year.                                                                                                                                                                                  ...

To start explaining this, we would like to inform you that ‘Overtime’ do not form part of “wages” for calculation of bonus. In one case, the Hon’ble Supreme Court has held that the Tribunal was not justified in directing that the calculation of bonus should be made on the basis that the overtime payment to the employees constituted a part of the ‘wages’ of the employees. To add up more, the definition of “wages” under the Payment of Bonus Act, 1965 also specifically excludes overtime. Hope this will give clarity on pertained subject. To get the supporting case law for this do write us on juristicsolution@gmail.com IMPORTANT:  Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at juristicsolution@gmail.com with your specific que...

Yes, Bonus is applicable to Part Time Employee. To support this, one of the Hon’ble High Court of India has held that sweepers working on part time basis and for fixed hours are ‘employees’ for the purpose of payment of bonus and as such eligible for bonus.  To get the supporting case laws for this do write us on juristicsolution@gmail.com IMPORTANT:  Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at juristicsolution@gmail.com with your specific query or seek advice from qualified professional people. We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

The law has recognized for break in service for Payment of Gratuity Act, 1972 and the break in service is verified by section 2 (A) of Payment of Gratuity Act, 1972. Section 2 (c) of Payment of Gratuity Act, 1972 as amended in year 1984, defines the expression “continuous service” as defined in section 2 (A) of the Act.  Under that section, an employee is said to be in “continuous service” for a period if he has, for that period, been in uninterrupted on account of absence from duty without leave not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employees of the establishment, lay-offs, strike or lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of the Payment of Gratuity Act, 1972. In one case, the Hon’ble High Court of India has he...

Dear All, Following the State Govt.Notification dated 07 October 2014 about declaring holiday on state assembly election, the Maharashtra State Labour also issued notification/circular in which it has been mentioned to declare holiday on election day under section 135B of Representation of Peoples Act, 1951, but it has also mentioned in point number 4 that, those establishments including ITES, Import Export etc. who can not able give full day holiday to their employee, can allow all its employee two hour time concession or enough time to use their voting right on said election date. Kindly take note of same. Thank you. Regards, Labour Law Consultant B.Com, LLM, DCL, IPRL, M & A, DHRM, CS(Inter) girishvivalkar979@gmail.com http://girishvivalkar979.blogspot.com/ IMPORTANT:  Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any m...

To start up while writing on this topic, would like to mention that an employer cannot decline to accept the resignation of an employee in view of the settled law. However, the Supreme Court has held that a resignation by an employee would, however, normally require to be accepted by the employer in order to be effective. It can be that in certain circumstances an employer would be justified. To explain this in an example, we can mention that, when an employee wants to leave in the middle of a work wherein his presence and participation are necessary, an employer can also refuse to accept the resignation, also when there is a disciplinary enquiry pending against the employee. In such a case, to permit an employee to resign would be to allow him to go away from the service and escape the consequences of an adverse finding against him in such an enquiry. There can also be other grounds on which an employer would be justified in not accepting the resignation of an employee. In o...

As per the amended provisions of Industrial Disputes Act, 1947 w.e.f. 15.09.2010, provide that every industrial establishment employee twenty or more workmen shall have one or more Grievance Redressal Committee as per norms which is given below for the resolution of disputes. 1.        The Grievance Redressal Committee shall consist of equal number of members from the employer and the workmen. 2.        The chairperson of the Grievance Redressal Committee shall be selected from the employer and from along the workmen alternatively on rotation basis every year. 3.        The total number of members of the Grievance Redressal Committee shall not exceed more than six, provided that there shall be, as far as possible, one woman member if the Grievance Redressal Committee has two members and in case the numbers of members are more than two, the number of women members may be increased proporti...

In one famous case, the Hon’ble Madras High Court has held that an employee rendering continuous service for a period of 240 days in a year, that is, the fifth year will be deemed to have continued in service for one year as stipulated under section 2A of Payment of Gratuity Act, 1972.  Accordingly, an employee who has put in his service for 10 months 18 days for the fifth year subsequent to first 4 years should be deemed to have completed continuous service of five years and is entitle to gratuity. The Hon’ble High Court also distinguished the earlier ruling of Hon’ble Andhra Pradesh High Court wherein it was held that an employee who has been worked for 4 years and 11 months and 10 days having not completed five years of service will not be entitled to gratuity. To get the supporting case law for this do write us on juristicsolution@gmail.com IMPORTANT:  Information in this blog is being provided as-is without any warranty/guarantee of any kind. ...

Casual workers have been rightly held to be entitled for gratuity by the Controlling Authority under the Payment of Gratuity Act, 1972. The order for which it has been upheld by the Appellate Authority, when the casual workers have been working for over two decades hence while dismissing the writ petition, as filed by the Southern Railway, the Hon’ble High Court also imposed cost to be paid to the contesting employees. To get the supporting case law for this do write us on juristicsolution@gmail.com IMPORTANT: Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at juristicsolution@gmail.com with your specific query or seek advice from qualified professional people. We encourage you to take steps to obtain the most up-to-date information...

------------------------------------------------------------------- IMPORTANT: Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at juristicsolution@gmail.com with your specific query or seek advice from qualified professional people. We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

Maternity benefit under ESI consists of periodical cash payments in case of confinement or miscarriage or sickness arising out of pregnancy, confinement, premature birth of child or miscarriage, to an insured woman as certified by a duly appointed medical officer or mid wife. Section 56 under ESI Central Rules 1950 mentions, " An Insured women (IW) shall be qualified to claim maternity benefits for a confinement occurring or expected to occur in a benefit period, if the contributions in respect of her were payable for not less than 70 days in the immediately preceding two consecutive contribution periods." To that effect, the normal contribution periods are April to September and October to March. There are two corresponding benefit periods also, viz. January to June and July to December. Any employee who becomes a member of ESI is eligible for benefits after around nine months of his/her admission. If date of delivery is in the month of July, she should have paid c...

Holidays to be observed in Central Government Offices during the year 2015 IMPORTANT:  Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at juristicsolution@gmail.com with your specific query or seek advice from qualified professional people. We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

Maharashtra State Assembly Election Holiday Notification-2014 IMPORTANT:  Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to provide information only. If you are seeking advice on any matters relating to information on this blog, you should – where appropriate – contact us directly at juristicsolution@gmail.com with your specific query or seek advice from qualified professional people. We encourage you to take steps to obtain the most up-to-date information and to confirm the accuracy and reliability of any information on this blog in general by directly communicating with us.

To explain aforementioned subject in detail I would like to cite one case law which will give clear overview and insight. 2014 LLR 130 DELHI HIGH COURT Hon'ble Mr. S. Rav indra Bhat , J. Hon'ble Mr. Najm i Waz iri , J . LPA 351/2013, C.M .A. 8201/2013 , D/–3-9-2013 Shyamji Srivastava & Ors. vs. Management of M/s. Pub lic Works Department & Ors. INDUSTRIAL DISPUTES ACT, 1947 – Sections 33C and 34 – Contract Labour (Regulation & Abolition) Act, 1970 – Section 21(4) – Workmen were engaged through contractors by PWD Department – They complained of non-payment/short payment of wages – Reference was made for adjudication – Labour Court declared the workmen entitled to wages – Contractors were declared employers whereas PWD Department was held as principal employer –Workmen filed application under section 33C of the I.D. Act for recovery of wages which was not dealt – PWD Department confirmed under RTI Act not to be liable for payment on the ground ...

Object of the Payment of Bonus Act, 1965 The object of the Act is to maintain peace and harmony between labour and capital by allowing the employees to share the prosperity of the establishment reflected by the profits earned by the contributions made by capital, management and labour. Applicability: a.         Every factory / establishment in which 20 or more persons (less than 20 but 10 or more if appropriate govt. notifies) are employed on any day.  Once the act is applicable, it continues to apply even if number of employee falls below 20. Note : The Government of Maharashtra, by notification dated 11.04.1984 has applied the Act to factories & other establishments employing 10 or more but less than 20 persons, w.e.f. the Accounting Year 1983. b.       Employees’ drawing remuneration of Rs10,000/- or more and those who have worked for less than 30 days are not eligible to receive bonus under the Act....

Section 2(f) of the Employees’ Provident Funds & Miscellaneous Provisions Act which reads as under: 2(f) Employee means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection with the work of an establishment, and who gets, his wages directly or indirectly from the employer, and includes any person – (i) employed by or through a contractor in or in connection with the work of the establishment;                                                                               (ii) engaged as an apprentice, not being an apprentice engaged under the Appre...

As per the said notification there are actually 3 parts which are mentioned below: 1) For heads under salary which needs to be COMPULSORILY covered under PF are Employees earning (Basic wages + DA/Special Allowance + retaining allowance + cash value of any food concession) up to 15000/-. 1.a) Furthermore, all existing employees who are excluded and who have filled in Form 11 and are currently not covered by PF by crossing the limit of 6,500/- will henceforth w.e.f.  1/9/2014 be required to be covered for PF upto 15,000/- monthly salary drawn as per above definition. 2) Now with regard to Employees Pension Scheme 1995 the Scheme has also undergone change for those whose pay as on 1/9/2014 is less than or equal to 15,000/-. This is because Govt. has decided to fix a minimum pension of 1,000/- per month in all cases of monthly widow pension. Monthly children pension for each child shall be equal to 25% of amount admissible to widow of not less than 250/- per month and i...

· The expecting women employees are eligible to avail maternity leave, · Employee should have completed a minimum of 80 days of service to be eligible for maternity leave, · If you are on probation, you are entitled to avail maternity leave, subject to fulfillment of the above mentioned conditions. Entitlement under Maternity Benefit Act · Paid maternity leave entitles is for 3 months or 90 days (although as per the Maternity Benefit Act, 1961, a women employee is eligible for 12 weeks or 84 days of leave).She can avail a maternity leave of 12 weeks depending on your pre / post-delivery requirement. Full salary is payable during first 3 months of maternity leave. Process in applying maternity leave · You need to inform your supervisor that you will be preceding on maternity leave atleast 3 months before the date of delivery date.