Advocate Girish Jayram

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.