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Test 1

LATEST OTHER UPDATES

ID Act 2010
  • Enhancement of wage ceiling of a workman from Rs. 1600/- pm to Rs. 10000/- pm under section 2(s) of the Act
  • Direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of section 2A of the Act
  • Expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under sections 7 and 7A of the Act
  • Establishment of Grievance Redressal Machinery in every Industrial establishment employing twenty or more workmen for the resolution of disputes arising out of individual grievances
  • Empowering the Labour Court or Tribunal to execute the awards, orders or settlements arrived at by Labour Court or Tribunal
  • Link to ID Act (Amnd) Act, 2010
    • GRATUITY ACT
    GRATUITY MAXIMUM LIMIT INCREASED FROM RS. 350000 TO RS. 1000000 (FOR PRIVATE COMPANIES EMPLOYEES)

    THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009
    Given below are the synopsis of the changes.
  • THE WORKMEN'S COMPENSATION (AMENDMENT) ACT, 2009 is now renamed as THE EMPLOYEE'S COMPENSATION (AMENDMENT) ACT, 2009 and wherever "workman" or "workmen" is mentioned in the entire Act the same needs to be read as "Employee" to make it gender sensitive.
  • The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor.
  • The compensation payable on Permanent Total Disablement from the injury, is (i) minimum of Rs.90000 is increased to Rs.140000 or (ii) 60% of the monthly wages of deceased multiplied by the relevant factor.
  • actual reimbursement of medical expenses incurred on account of injury caused during course of employment.
  • Empower the Central Government to specify monthly wages for the purpose of compensation. It is 50% of Rs.8000/-. This amendment is notified vide Central Government Notification No. S.O. 1258(E) vide Ministry of Labour & Employment dated 31st May 2010.
  • Definition of workmen replaced by "Definition of Employee"- also now includes CLERICAL employees.
  • The Commissioner shall dispose compensation cases within a time period of 3 months.
  • Download Emploee's Compensation (Amnd) Act, 2010
  • Download Emploee's Compensation Wage Limit Notification

    •
    Test 1

    ESIC UPDATES

    Employees’ State Insurance (Amendment) Act, 2010.
    Following are the some salient feature of the ESI (Amendment) Act, 2010.
    Extension Of The ESI Scheme To The Construction Site WorkerS :
  • The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". esic services will be available to these mobile and migratory workers with no geographical barrier.
    • APPRENTICES COVERED:
  • Benefits under the scheme have also been extended to apprentices and trainees employed under Apprentice Act and Standing Order Act.
    • POWER TO APPROPRIATE GOVERNMENT;
  • The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months.
    • DEFINITION OF DEPENDENT EXPANDED:
  • Definition of “dependents” as contained in clause 6A of section 2 of the Act has been extended to enlarge the number of beneficiaries under the act such as:
  • A widow, a legitimate or adopted son below the age of 25 years and an unmarried legitimate or adopted daughter. The age limit of the dependants has been enhanced from 18 to 25.
  • Dependent parents as per definition of “family” has been substituted so as to include;
    • “A minor brother or sister wholly dependent upon the earnings of the insured person in case the insured person is unmarried and his or her parents are not alive”. It has been also clarified that dependent parents to include “Dependent parents, whose income from all sources does not exceed such income as prescribed by the Central Government”.
    SMALL FACTORIES ALSO ARE COVERED:
  • The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power.
    • INSPECTORS RE-DESIGNATED AS SOCIAL SECURITY OFFICERS:
  • The designation of Inspector has been re-designated as “Social Security Officer” to enroll them as facilitator of the Scheme rather than to act as mere inspectors.
    • VRS EMPLOYEES ALSO COVERED:
  • Medical benefits to the insured person and his spouse have been extended under circumstances where insured person retires under Voluntary Retirement Scheme or takes premature retirement. In the earlier Act the benefit was applicable only on attaining the age of superannuation. Proviso to sub section 3 of section 56 has been substituted to provide the same.
  • NOTIONAL EXTENSION OF PREMISES:
  • Accident occurring to an insured person while commuting from his residence to the place of employment and vice-a-versa shall be deemed to have arisen out of and in the course of employment for the purpose of benefit under the Act. A new section 51-E has been added for this purpose.
    • UNORGANIZED SECTOR EMPLOYEES COVERED:
  • A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user-charges to facilitate providing medical care to the below poverty line (BPL) families and other un-organized sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY).
  • Exemption of a factory or establishment or class of factories or establishments from the operation of this Act will be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.
  • Section 91 A of the Act is amended to removing. retrospective grant of exemption from the provision of the Act
  • Download ESI (Amendment) Act 2010
    • ESIC ONLINE PORTAL:
  • ESIC Launched New Online Portal for Submitting Application and Returns
    • ESI WAGE CEILING:
  • ESI WAGE CEILING ENHANCED FROM Rs. 10000 TO Rs. 15000 w.e.f 01-05-2010
  • Download ESI Wage Ceiling Notification

    		•
    P F UPDATES

    P F UPDATES

  • EPFO Launched new Grievance Management Portal


    • Enhancement of the cash benefit on Pension:

  • Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. 523(e), dated the 18th june, 2010
  • Download Notification


    • EPF(Amendment) Scheme, 2011


    MINISTRY’ OF LABOUR AND EMPLOYMENT
    NOTIFICATION
    New Delhi, the 15th January, 2011

    G.S.R. 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely

    1. (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2011.

       (2) It shall come into force from the 1st day of April, 2011

    2. In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—

    “(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”

    3. In the said Scheme, in paragraph 72, in sub-paragraph (6):—

       (a) for the words “but no claim has been preferred” the words “but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred ” shall he substituted:

       (b) for the words “three years”, at both the places where they occur, the words “thirty six months” shall be substituted.

        [F. No. S-35012/01/2010-SS-1I]
    S. K.. DEV  VERMAN, Jt. Secy.

    For more details :
    The PF old balance will stop earning interest. After three years of inactivity.
  • Download Notification

    		•

    April'2011


    Even after crossing initial period, a casual employee can’t claim permanency.
    LLR Supreme Court 337

    A Balsewika working for honourarium is not a ‘workman’.
    LLR P&H HC 357

    Compensation, not reinstatement, when retrenchment compensation not paid on termination. 
    LLR Guj. HC 345

    Gratuity Act will be applicable upon a Library.
    LLR Mad. HC 351

    Repeated breaks would amount to unfair labour practice under I.D. Act.
    LLR P&H HC 359

    Health of the citizens is the wealth of the nation. 
    LLR Del. HC 366

    Dismissal of appeal by EPF Tribunal without supporting reasons not proper.
    LLR Bom. HC 380

    Reinstatement with back-wages is not a rule when termination of workman is held to be illegal. 
    LLR P&H HC 406

    100% disability will be construed for accident compensation to a driver, even if he sustained 20-25% physical disability. 
    LLR Del. HC 428

    Dominant test for an establishment an 'industry' will be its activity.
    LLR Mad. HC 438

    Employer-employee relationship under Bombay Industrial Relations Act and MRTU&PULP Act need further elucidation. 
    LLR Supreme Court 374

    Termination of a probationer not proper when Management has issued a show-cause notice. 
    LLR HP HC 346

    Interference by Civil Court only in exceptional cases when the findings of the Enquiry Officer are perverse. 
    LLR Del. HC 341

    Right to receive gratuity is a statutory right and it cannot be forfeited in every type of termination. 
    LLR Bom. HC 343

    In the absence of specific order of dismissal for riotous behaviour, forfeiture of gratuity not proper. 
    LLR Mad. HC 416

    Strike by doctors, etc. in AIIMS is illegal. 
    LLR Del. HC 366

    Termination on abusive language towards superiors not sustainable in the absence of indication of the words or gestures.
    LLR All. HC 361

    Dismissal of bus conductor for misappropriation not to be interfered. 
    LLR Karn. HC 412

    Prosecution for MD and Chief Regional Manager for ERA violation not proper when they were not directly responsible. 
    LLR Karn. HC 410

    Prosecution of ladies for violation of CLRA Act liable to be quashed when they were not involved in business transactions.
    LLR Jhar. HC 424

    Daily wagers not entitled to invoke doctrine of ‘equal work, equal pay’. 
    LLR HP HC 402

    Recovering EPF without affording an opportunity is violative of natural justice.
    LLR Uttr. HC 418

    No automatic reinstatement merely because retrenchment compensation not paid at the time of termination. 
    LLR Uttr. HC 419

    Summoning of Chairman & Managing Director not proper merely that company’s witness has not answered questions. 
    LLR Bom. HC 395

    Director or the Managing Director of a company, receiving salary are coverable under ESI Act.
    LLR P&H HC 433

    Withdrawal of recognition of a Trade Union without opportunity of hearing not proper.
    LLR Del. HC 376

    Working Journalists Act etc. will prevail over Gratuity Act for gratuity to newspaper employees. 
    LLR Supreme Court 426

    Industrial Tribunal is not under obligation to call a witness suo motto for cross-examination.
    LLR MP HC 347

    While challenging retrenchment, it is for the workman to prove 240 days’ working.
    LLR MP HC 349

    Gratuity Act is special enactment with over-riding effect over the Provident Fund Act. 
    LLR Mad. HC 351

    Gratuity can’t be forfeited in the absence of disciplinary proceedings holding the employee guilty of specified misconduct.
    LLR Bom. HC 343 and 397

    No one can coerce the willing workers and the doctors not to attend to the patients in Hospital. 
    LLR Del. HC 366

    Regularization of daily-wagers liable to be quashed. 
    LLR Guj. HC 422

    Calculating compensation @ Rs.2,500 per month not proper when the deceased admittedly was getting Rs.4,000.
    LLR Bom. HC 385

    Allowing wages for not providing work after reinstatement of workman not illegal. 
    LLR MP HC 405

    Insurance Court has rightly held a non-profit making organization to deposit 50% of the claimed amount.
    LLR P&H HC 435

    Removal from service for assaulting co-worker cannot be overlooked merely that the victim has back-tracked. 
    LLR Mad. HC 438

    Compensation (60% back-wages) in lieu of reinstatement appropriate, till retirement.
    LLR Ori. HC 354

    Court will not normally sit in appeal over the findings arrived of by the Enquiry Officer.
    LLR Del. HC 341

    Gratuity can’t be forfeited in the absence of misappropriation by an employee.
    LLR Bom. HC 343

    For filing appeal under Gratuity Act, no extention by such subsequent period of 60 days.
    LLR Mad. HC 351

    Reference of a belated dispute is liable to be quashed. 
    LLR Del. HC 398

    On re-employment also, gratuity is payable. 
    LLR Bom. HC 382

    Issuance of summons without adopting the procedure would be contrary to the procedural law.
    LLR Jhar. HC 424

    An error of fact or law can’t be corrected in supervisory jurisdiction of the High Court.
    LLR P&H HC 435

    Back-wages not proper to daily wagers on setting aside their termination.
    LLR Guj. HC 421

    When an enquiry is found to be defective, the employer can adduce supporting evidence.
    LLR Bom. HC 386

    Employees recruited for integrated rural programme will not acquire permanent status.
    LLR (SN) MP HC 445

    Controlling Authority can allow higher interest on unpaid gratuity.
    LLR (SN) Chhat. HC 444

    Dismissal for absence and going abroad without permission; not to be interfered.
    LLR (SN) Bom. HC 446

    Termination of not medically unfit is rightly set aside. 
    LLR (SN) Bom. HC 447

    Denial of appointment to a handicapped person merely that her name was not sponsored by the employment exchange not justified. 
    LLR (SN) Supreme Court 448

    A railway porter required to work for railways; to be paid higher wages than casual worker.
    LLR (SN) Jhar. HC 448

    Claim for overtime by a workman under section 33C(2) of the I.D. Act will not be tenable.
    LLR (SN) Mad. HC 443

    Prosecution, for non production of record under Minimum Wages Act, will be tenable.
    LLR (SN) Pat. HC 443
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