Advocate Girish Jayram

It is common question in minds of those organizations who adhering model standing orders in their establishment under Industrial Employment (Standing Orders) Act, 1946. Therefore, to answer this query it can be said that once the Industrial Employment (Standing Orders) Act, 1946 becomes applicable to an establishment, thereafter even if the number of workmen falls less than the minimum limit as prescribed under Industrial Employment (Standing Orders) Act, 1946, it will continue to apply. So the establishment can not take stance by stating that due to fall in employee headcount, the applicability of Model Standing Order under Industrial Employment (Standing Orders) Act, 1946 will not be applicable to their establishment. This has been decided in one of the case of High Court of Mumbai. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. IMPORTANT: Information in this ...

There are few questions which usually comes in mind of most of employer such as “can an employee be charge sheet under the standing orders of concerned organization for committing assault on fellow employee outside the office premises?” To explain this, we will take reference of few cases which been decided in High Courts of Mumbai, Chennai, Kerala and Allahabad along with one of case of Supreme Court of India, which took the view that such misconducts although committed outside the office premises by any employee, if have proximate nexus with the affair of the organization, the employee concerned can be dealt with under respective standing orders applicable to said defaulter employee. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. IMPORTANT: Information in this blog is being provided as-is without any warranty/guarantee of any kind. This blog is intended to...

It is known question among most of employers that will certified standing orders of organization be binding upon newly joined employees in case of those employees joined after the certification of standing orders. To answer this we can take reference of one of the case of Supreme Court of India where it has been said that the certified standing orders will cover or bind all who will be employed at the time of service when the standing orders were certified, so it will also cover who been appointed after said certification of standing orders. Therefore, it means that those employees who been part of an organization after the certification of standing orders from appropriate authority will be liable to follow same. To get the supporting case law for this do write us on girishvivalkar979@gmail.com  Hope this small write up will give insight about pertained subject. IMPORTANT: Information in this blog is being provided as-is without any warranty/guarantee of...

This query has easy explanation. To explain this we need to take reference of an amendment of the ESI Act in Section 1(6) of the Act with effect from 20-10-1989. It has been mentioned in said amendment of the year 1989 that a factory or an establishment shall continue to be governed by ESI Act notwithstanding that the number of employees employed therein at any time falls below the limit specified by or under this Act or the manufacturing process therein ceases to be carried on with the aid of power. Hope this small write up will give insight about pertained subject. 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 girishvivalkar979@gmail.com with your specific query or seek advice from qualified professional people. We enc...

Dear All, I have attach below the notification dated 19.12.2011 about Maternity Benefit Bonus Payable Under Section 8 Of Maternity Benefit Act 1961. In which it has been mentioned about increase in Maternity Benefit Bonus From Rs.2,500/- To Rs.3,500/-. Further, as per Section 8 and Rule 5 of Act and Rules there under states that a woman entitled to maternity benefit under the Act shall also be entitled to receive from her employer a medical bonus of Rs. 3,500 rupees, if no pre-natal confinement and postnatal care is provided for by the employer free of charge. To add up more, it should be noted that the medical bonus shall be paid along with second installment of the maternity benefit. Hope this small write up will give insight about pertained subject. 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 inf...

Most of employer has the question about “what is the time limit for payment of bonus to its employee under the Payment of Bonus Act, 1965”. To answer this by taking reference of the section 19 of Payment of Bonus Act, 1965, which states that all amounts payable to an employee by way of bonus are to be paid: 1)       Where there is dispute regarding payment of bonus pending before an authority under the Industrial Dispute Act, 1947 within one month from the date on which the award becomes enforceable or settlement comes into operation, in respect of such dispute; and 2)       In all other cases within 8 months from the close of the accounting year. Hope this small write up will give insight about pertained subject. 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 matte...

This is bit odd question that “can resignation obtained from an employee at the time of said employee’s recruitment be used against him at later date?” Being as one of the different question altogether, it can answer that such advance resignation before at the time of recruitment in the eyes of law are no resignation. This is because the resignation was not voluntarily given by the employee but it was obtained by employer. Therefore the resignation without wish and will is no resignation at all. Moreover, the resignation was obtained at a time when the employee was yet to commence his contract of employment. Therefore resignation prior to employment is also no resignation. Besides, even assuming such resignation at later date falsely used by an employer stating that such resignation was given by the employee on a date from which his services were otherwise terminated or he was removed from services, such document is never considered as conclusive proof of resignation...

Dear All, Please find below the recent Notification dated 18 May 2015 which issued by Government of Maharashtra in respect of Registration and Renewal Procedure under Bombay Shops and Establishments Act, 1948 and Rules there-under for Maharashtra state. Hope this small information will give insight about pertained subject. 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 girishvivalkar979@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.

I believe the topic which I choose for discussion has vast gravity and if I want to sum up in short format then it will be as follows: The principles of natural justice and reasonable opportunity have a special significance in domestic proceedings. Workman proceeded against has been informed clearly of the charges levelled against him. This means that, workman against whom an enquiry has to be held shall be given a charge-sheet clearly stating the charge put against him and ask him to submit his explanation. Workman may be suspended pending the enquiry. He shall be permitted to appear himself for defending him or shall be permitted to be defended by a workman working in the same department as himself or by an office bearer of a trade union of which he is member. He shall be permitted to produce witness in his defense and cross examine the witness of the management. In this process the Enquiry Officer shall record a concise summary of the evidence led on either side an...

Dear All, Please find attached latest circular from EPFO regarding "Amendment in Section 192A of the IT Act, 1961 - Instructions for deduction of TDS on withdrawal from PF". The said update is for information only. Thanks. Girish Vivalkar http://girishvivalkar979.blogspot.in/ B.Com, LLM, DCL, IPRL, M & A, DHRM, CS(Inter) 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 girishvivalkar979@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 question “what is the procedure which employer has to follow for certification of standing orders under Industrial Employment (Standing Orders) Act, 1946?” is commonly asked question among most of individual and to answer this we need to take reference of section 3 to 6 of the Industrial Employment (Standing Orders) Act, 1946 which will be as follows: 1)       The employer has to prepare a draft of the standing orders which employer proposes to adopt for its industrial establishment. The draft must make provision for every applicable matter specified in the Schedule appended to the Industrial Employment (Standing Orders) Act, 1946. It must be in conformity with the provisions of the Industrial Employment (Standing Orders) Act, 1946 and as far as possible; it should be in conformity with the prescribed Model Standing Orders. 2)       Secondly, the employer has to submit the draft standing order prepared by them to the Certif...

As per section 49 of Bombay Shops and Establishment Act, 1948 Shops and Establishment Inspector appointed under the Bombay Shops and Establishment Act, 1948 has following power- 1)       To enter any place which is an establishment; 2)       To make examination of the premises, registers, records and notices; 3)       To take evidence of any person; 4)       If Shops and Establishment Inspector suspects that an employer has committed an offence under section 52 or 55, to seize the necessary register, records or other documents and retain them for a reasonable period of examination thereof or for prosecution of the employer. Hope this small write up will give insight about pertained subject. 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 see...

Dear All Valued Blog Readers , I want to shout my thanks out loud. I want everyone to know and hear how much I meant this legal blog which I tried to impart knowledge sharing with all of you. But more than that, I want to thanks all of you for supporting me in this process. So with completion of these 100 blogs, I hope that I will receive same support through this journey of knowledge sharing and will able to get valuable inputs in form of feedback and suggestions in coming days. Happy Thanksgiving! Keep reading !!!! With best regard !!!! Girish Vivalkar http://girishvivalkar979.blogspot.in/ B.Com, LLM, DCL, IPRL, M & A, DHRM, CS(Inter)

“Wages" means all remuneration (whether by way of salary, allowances or otherwise) expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes-- (a) any remuneration payable under any award or settlement between the parties or order of a Court; (b) any remuneration to which the person employed is entitled in respect of overtime work or holidays or any leave period; (c) any additional remuneration payable under the terms of employment (whether called a bonus or by any other name) (d) any sum which by reason of the termination of employment of the person employed is payable under any law, contract or instrument which provides for the payment of such sum, whether with or without deductions, but does not provide for the time within which the payment is to be made; (e) any sum to which th...

The aforementioned term we can explain with the help of one example. If a company having no activities or office at construction site owned by them and has assigned the work of construction to a construction company who has expertise in construction work, then in that scenario do said company require to obtain Registration Certificate under the Contract Labour (Regulation and Abolition) Act, 1970? This is because most of cases Company raise the query that as they are not having office or business activities carrying out in said construction site then in that case there will be no liability to apply/obtain Registration Certificate on that behalf under the Contract Labour (Regulation and Abolition) Act, 1970. But, as per the decision of Supreme Court of India in one of the case, the principal employer, although has no trade, industry or business carrying out at construction site, still the construction of any building is the work of said company only. Therefore, said company is...

Dear All, Please find attached information related to rates for Shops and Establishment License Fees for Maharashtra state for your further reference. 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 girishvivalkar979@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.

As we all know that the Equal Remuneration Act, 1976 provides for the payment of equal remuneration to men and women workers for the same work or work of a similar nature and for the prevention of discrimination on the ground of sex against women in the matter of employment. But it does not mean that said Act’s this provision will be applicable in case where in one organization two employee viz. one male and another female, working for same type work but if male employee has more experience as compared to female employee,  and if said female employee demands same salary of male employee on the basis of the Equal Remuneration Act, 1976, then in that case her claim will not be tenable under the Act for the simple reason that what is not permissible under section 4 of the Equal Remuneration Act, 1976 is discrimination on the basis of sex. Thus, section 4 of the Act does not contemplate that there can be no discrimination at all between men and women in the matter of remuneration...

Dear All, Please find below list of documents required for ESI Inspection under Employee State Insurance Act: 1)         Ledger 2)         Cash Book, Bank Book 3)         Sales/Purchase Register 4)         Expenses Register 5)         Petty Cash Book 6)         Bills and Voucher supporting to any entries 7)         Attendance Register 8)         Employee’s & Employer’s Contribution Statement (EC Statement) 9)         Wage Register 10)        Employee’s Register (Form 7) 11)        Return of Contribution (RC-Form 6) 12) ...

Dear All, Please find attached format of Rule 62 notices of minimum rate of wages fixed for the workmen at the site under CLRA Act for your reference. The said format is commonly used format but it can be in different format as per requirement. 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 girishvivalkar979@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.

Dear All, Please find attached format of Form-11-Maternity Return under Rule 15 The Maharashtra Maternity Benefit Rules for your reference. 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 girishvivalkar979@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.

Dear All, Please find attached format of Form A - Register of HRA (House Rent Allowance) under Rule 4 for your reference. 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 girishvivalkar979@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.

Dear All, Please find attached circular related to implementation of ESI scheme for new areas in state of  Chhattisgarh  under Employees' State Insurance Act, 1948, the attached is one of page of said circulars, for full circular please write us on girishvivalkar979@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 girishvivalkar979@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.

Dear All, Please find attached circular related to implementation of ESI scheme for new areas in state of Andhra Pradesh under Employees' State Insurance Act, 1948, the attached is one of page of said circulars, for full circular please write us on girishvivalkar979@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 girishvivalkar979@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.

Dear All, Please find attached circular related to implementation of ESI scheme for new areas in state of Tamilnadu under Employees' State Insurance Act, 1948, the attached is one of page of said circulars, for full circular please write us on girishvivalkar979@gmail.com or 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 girishvivalkar979@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.

This is also one of the tricky question and can be explained with help of one small case study.  “If an employee who join in an establishment as a trainee (and not an apprentice as per Apprentices Act, 1961) and after completing of training that employee treats as probationer. Now in this case, if said employee resigned from the services and if he did not completes five years of services but if his training period is included in total year of his service, then he completes five years of service, then in that scenario what will be the status of that said employee’s gratuity payment?” To answer this we will take reference of one of the decided case of Orissa High Court in which it has mentioned that, a trainee is different from Apprentice. According to this decision a trainee employed under contract of employment is not an apprentice under the Apprentice Act, 1961. Therefore, the exclusion is applicable only to Apprentice appointed under the Apprentice Act, 1961. In other ...

Dear All, Please find attached notification related state of Karnataka Profession Tax- Amendment effective from 1st April 2015, the attached is one of page of said notification, for full notification please write us on  girishvivalkar979@gmail.com or 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 girishvivalkar979@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 question related to “payment of gratuity in case of abandonment of service by an employee will be acceptable under law?” has more views from different individuals. To interpret my view, it can say that as per decision of one of case of state of Kerala High Court, an employee who abandoned his post is not entitled to any gratuity as per section 4 of Payment of Gratuity Act, 1972. An employee claiming gratuity under Payment of Gratuity Act, 1972 should establish that he falls in one of the categories enumerated in sub section (1) of section 4. Only on such proof employee can maintain the petition under the Payment of Gratuity Act, 1972. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. 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 see...

The question “can management straightaway remove those workers who decided to conduct illegal strike?” To discuss on this issue, it can say that the principle of natural justice is an integral part of all management actions against workers, which adversely affect the service conditions of the workers. Apparently, with immediate effect removal of the workmen will not be an apt act on the part of employer. Such actions can be commenced only by issuing charge sheet, holding an enquiry and on the basis of fact findings of the Enquiry Officer; this question of removal of workers due to illegal strike can be resolved appropriately. To get the supporting case law for this do write us on girishvivalkar979@gmail.com Hope this small write up will give insight about pertained subject. 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 o...