Advocate Girish Jayram

This is IMPORTANT notice and message to all who will view our this blog. Please read the following diclaimer before accessing blog. Privacy Policy We do not share personal information with third-parties nor do we store information we collect about your visit to this blog for use other than to analyze content performance through the use of cookies (see below), which you can turn off at anytime by modifying your Internet browser’s settings. We are not responsible for the republishing of the content found on this blog on other web sites or media without our permission. Terms and Conditions All content provided on this blog is for information purpose only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this blog site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any los...

Dear All, Please find attached notification related to Odisha /  Orissa State  Minimum Wages which been published in Odisha Gazette dated 24 July 2015 stating the date of final publication in the Official Gazette. 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 ESIC Press Release dated 24 July 2015 regarding "ESIC is going to start appropriate cancer detection / treatment facilities and cardiology treatment facilities at different level of hospitals". 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 ESIC, Chennai office Circular dated 15 July 2015 regarding "starting of Separate OPD for Senior Citizens and differently abled patients at ESIC Model Hospital, K. K. Nagar, Chennai - 78". 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.

Being as employee who falls under purview of the Employee’s Compensation Act 1923 often finds question in mind about what will be procedure for claiming compensation payable under the Employee’s Compensation Act 1923. To answer related to the procedure for claiming compensation payable under the Act, we need to take in to consideration section 8, 10, 11, 19 and 31 of the Employee’s Compensation Act 1923, which may be summarized as follows: 1)       An application for claiming compensation payable under the Employee’s Compensation Act 1923 has to be made to the Commissioner for Employee’s Compensation in the prescribed form. 2)       Before filing the application the employee has to give notice of the accident to the employer containing the details of the accident. 3)       Before filing the application the employee also need to submit himself for medical examination if he is required to do so by the...

Dear All, Please find attached an office memorandum issued by Ministry of Finance, GOI, on 21st July 2015 regarding “Re-classification/upgradation of cities/towns on the basis of Census-2011 for the purpose of grant of House Rent Allowance (HRA) to Central Government employees”. 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 an old Gazette Notification for The Payment Of Gratuity(Amendment) Act 2010 for your further reference. The silent feature of said notification is as follows: 1.            (1) This Act may be called the Payment of Gratuity (Amendment) Act, 2010. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2.            In section 4 of the Payment of Gratuity Act, 1972, in sub-section (3), for the words “three lakhs and fifty thousand rupees”, the words “ten lakh rupees” shall be substituted. Amendment of section 4 of Act 39 of 1972. 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...

Dear All, Please find attached  Gazette Notification issued and published from Central Government dated 30 th June 2014 regarding Regularization of 21 days on / off work pattern and Exemption from the provision of Section 28, 30 And Section 35 of The Mines Act, 1952. 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 question viz. "repetitive appointments to employee whether allowed under law?" has been discussed several occasion among individuals. To answer this, it can state that by giving repetitive appointments to employee for shorter duration will deprive employee’s right as per section 25F of Industrial Dispute Act, 1947. To add up, as per the Fifth Schedule of the Industrial Dispute Act, 1947 it can also be called as unfair labour practice. To give case reference for aforementioned topic we can cite one decided case of Supreme Court of India in which it has been held that where services of workman were terminated on regular basis and workman was repeatedly engaged on 89 days which ultimately was to defeat the rights available to workman under Section 25-F of the Act. Therefore, the aforesaid practice at the hands of the employer to employ the workman repeatedly after a notional break, clearly falls within the ambit and scope of unfair labour practice" Hence,...

Dear All, Please find attached ESIC (Employee’s State Insurance Corporation’s) press release related to “Covering all the Construction Workers under ESI Scheme”. As per said press release ESIC is now going to cover the Construction site Workers under the ESI  Scheme thus enabling Construction site Workers to avail benefits of complete medical care (from primary to tertiary medical care), as well as a range of cash benefits in times of exigencies of employment injury, death, disablement, maternity and unemployment. 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 ...

Dear All, Please find attached EPFO circular dated 14/07/2015 related to “Special Recovery Drive during the month of August, 2015” for 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.

Dear All, Please find attached press release dated 16/07/2015 related to “Launch of 24x7 medical helpline no.1800 11 3839 in all ESIC hospitals” for 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.

There is sometimes get confusion between the two terms viz. "Lock-Out" and "Closure". Hence in this blog topic we will try to explain what is meaning of "Lock-Out" and "Closure". Lock-Out means the temporary closing of a place of employer, whereas Closure means the permanent closing down of a place of employment. In the case of Lock-Out, the employer closes the place of business, whereas in the case of Closure the employer closes the business itself. Further, in the case of Lock-Out there is suspension of work, whereas in the case of a Closure there is discontinuation of the business. Now, after explaining what is meaning of “Lock-Out" and "Closure", there is one more question usually comes in mind of individuals "if the employer shift the manufacture of one of its products from one place to another, does it amount to closure? To answer this we can take reference one of the decided case of Bombay High Court...

Firstly, to enlighten related to pertained subject it can say that as per section 22 of the Apprentice Act 1961, it is not obligatory on the part of the employer to offer any apprentice who has completed apprenticeship training in establishment nor it is obligatory on the part of the apprentice to accept any employment under the employer. But, as mentioned under section 22 (2) that if the contract of apprenticeship contains a condition that the apprentice shall, after completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer employment to the apprentice and the apprentice shall be bound to serve the employer as per the terms of the contract. 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 mat...

The main provisions of the Bombay Shops and Establishment Act, 1948 relating to grant of annual leave with wages has mentioned from section 35 to 37 of the Act and which are as follows: 1)       An employee is entitled to annual leave with pay for 21 days for 240 days of work 2)       An employee who has not worked for one year is entitled to leave with pay for 5 days for every 60 days of work 3)       An employee is entitled to be paid before his/her leave begins half the amount of his/her leave pay. 4)       Leave with pay can be accumulated upto 42 days. 5)       A discharged employee is entitled to leave pay for the balance of leave to his/her credit. Now with regard to in addition to annual leave with pay an employee under the Act is entitled to a paid holiday on 26 th January, 1 st May, 15 th August and 2 nd October every year as per ...

Dear All, Please find below please find below the judgment of Madras high court, where the high court has held that Provident Fund dues of contractor with independent code cannot be recovered from the principal employer.       RESERVED ON:   29.01.2015                                                                                                                     ...