Posted by & filed under High Court Judgements-PF.

EPFO removes Aadhaar as proof for Date of Birth; check all the required  documents here

Aadhar Card Not Proof of Date Of Birth, School Leaving Certificate Can Be Considered To Determine Pension: Gujarat High Court

  1. Introduction of the Case:
    • The court order identifies the case as Special Civil Application No. 16484 of 2022, titled Gopal Bhai Naranbhai Vaghela versus Union of India & Anr., before the High Court of Gujarat at Ahmedabad.
  2. Appearance of Parties:
    • The appearance section lists the legal representatives for each party:
      • Mr. Ramnandan Singh for the petitioner.
      • Mr. Pathik M. Acharya for respondent No. 1 (Union of India).
      • Mr. Yogi K Gadhia for respondent No. 2.
  3. Prayers of the Petitioner:
    • The petitioner seeks several reliefs, including the issuance of a writ of Mandamus to fix his monthly pension under the Employees Provident Fund Scheme, payment of arrears, and other appropriate directions.
  4. Facts Presented:
    • The petition outlines the petitioner’s employment history, stating he served in Ahmedabad Electricity Company Ltd. (renamed Torrent Power Ltd.) since 1984 and superannuated on March 31, 2021.
    • It highlights a discrepancy in the petitioner’s recorded date of birth in his service record compared to his School Leaving Certificate, leading to a denial of pension benefits due to a mismatch with his Aadhar Card.
  5. Arguments Presented:
    • Petitioner’s Argument:
      • Asserts the accuracy of his School Leaving Certificate regarding his date of birth.
      • Argues that Aadhar Card details should not dictate pension eligibility.
    • Respondents’ Responses:
      • Respondent No. 2 acknowledges the discrepancy but doesn’t contest the petitioner’s claimed date of birth.
      • Respondent No. 1 initially cites the Aadhar Card’s date of birth as grounds for withholding pension but later acknowledges the authority of Circular No. 08 of 2023.
  6. Court’s Analysis:
    • The court evaluates the arguments presented by both parties, focusing on the relevance of primary documents in determining pension eligibility.
    • It considers legal precedents and Circular No. 08 of 2023, which clarifies the validity of documents for establishing date of birth.
  7. Court’s Decision:
    • The court directs respondent No. 1 to release the petitioner’s pension and arrears within two weeks, considering the date of birth in the School Leaving Certificate as authoritative.
    • Failure to comply within the stipulated timeframe would result in interest accruing at a rate of 6% per annum on the pending amount.
  8. Implications:
    • The ruling emphasizes the importance of accurate record-keeping and adherence to legal principles in resolving disputes related to pension benefits.
    • It ensures fairness and consistency in pension processing, establishing a precedent for future cases with similar discrepancies.

In summary, the court’s detailed analysis and step-wise decision-making address the petitioner’s claim while upholding legal standards and principles, ensuring an equitable resolution of the matter.

Posted by & filed under Minimum Wages-Orissa.

Navigating Revised Minimum Wages: Maharashtra Compliance Guide (Jan 1, 2024  – June 30, 2024)

Odisha Minimum Wage revision 1st Apr 2024 to 30th Sep 2024

In a move to ensure fairness in the workplace, the Government of Odisha is considering changes to the minimum wage rates for workers across different industries. This proposal aims to make sure that people are paid properly for their work, which is important for everyone’s well-being.

What Are Minimum Wages?

Minimum wages are the least amount of money that employers legally have to pay their workers for a day’s work. These rates are set by the government to make sure that workers are not paid too little and can afford basic things like food, housing, and healthcare.

Understanding the Proposal

The proposed changes suggest new minimum wage rates for different types of jobs in Odisha. Here’s a simple breakdown:

  • Unskilled Workers: People doing simple jobs might earn at least Rs. 450.00 per day.
  • Semi-Skilled Workers: Those with some experience or training could earn around Rs. 500.00 per day.
  • Skilled Workers: People who are good at their job might make Rs. 550.00 per day.
  • Highly Skilled Workers: Those with a lot of experience or special training could earn up to Rs. 600.00 per day.

Why It Matters

Having fair wages is really important because it means that workers can afford the things they need to live comfortably. It helps them support themselves and their families without struggling to make ends meet. By updating the minimum wage rates, the government is trying to make sure that everyone has a fair chance to live a decent life.

How You Can Help

The government wants to hear from the people before making any final decisions. If you have any thoughts or ideas about the proposed changes, you can share them with the government. This way, everyone’s voices can be heard, and the decision made will be fair for everyone.

Conclusion

Odisha’s plan to update minimum wage rates shows that they care about the well-being of their workers. By making sure that people are paid fairly for their hard work, they are taking a step towards creating a more equal and just society. Keep an eye out for more updates as Odisha moves forward with these important changes.

Posted by & filed under Minimum Wages-Chandigarh.

Navigating the Minimum Wages Act | B&B Associates LLP | Best Lawyers

Chandigarh Government Sets Minimum Wages for Industrial Workers: October 2023 – March 2024

Introduction: The Government of Chandigarh has recently announced the minimum wage rates for industrial workers, applicable for the period from October 01, 2023, to March 31, 2024. These rates are set to ensure fair compensation for workers across various skill levels, reflecting the cost of living and prevailing economic conditions.

Minimum Wage Rates for Industrial Workers (October 2023 – March 2024):

Category

Daily Rate (in INR)

Un-skilled

525.00

Semi-skilled II

531.00

Semi-skilled I

535.00

Skilled II

543.00

Skilled I

551.00

Highly Skilled

567.00

Class III (staff)

536.00

Class II (staff)

542.00

Class I (staff)

556.00

Analysis: The wage rates are categorized based on skill levels, ranging from unskilled to highly skilled, as well as different classes of staff. These rates aim to ensure equitable compensation for workers according to their expertise and experience.

Implications:

  • Fair Compensation: The establishment of minimum wage rates ensures that workers receive fair compensation for their labor, supporting their livelihoods and contributing to economic stability.
  • Skill Recognition: By differentiating wages based on skill levels, the government acknowledges the value of skills and encourages workers to enhance their capabilities.
  • Compliance: Employers are expected to adhere to these minimum wage rates to maintain legal compliance and uphold workers’ rights.

Conclusion: The announcement of minimum wage rates by the Government of Chandigarh for industrial workers underscores its commitment to promoting fair labor practices and ensuring the well-being of workers. These rates not only provide economic security to workers but also contribute to the overall prosperity of the region.

Posted by & filed under Gujarat Shop License.

GUJARAT SHOPS AND ESTABLISHMENTS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 2019.:

  • Act: The notification is issued under the Gujarat Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2019 (Guj. 4 of 2019).
  • Subject: Exemption from certain provisions for specific types of establishments.
  • Effective Period: The exemption is valid for a period of two years from the date of the notification’s issuance.

Specific Exemptions:

  • Sections Exempted: Sections 12 and 14 of the Gujarat Shops and Establishments Act are exempted.
  • Applicable Establishments: The exemption applies to establishments involved in IT-related services, IT-enabled services, and financial services.

Details of Exemption:

Section 12: Fixing of hours of work

  1. No worker shall work for more than nine hours in any day and forty-eight hours in a week.
  2. Continuous work for more than five hours requires a break of not less than half an hour.
  3. Working hours or weekly holiday may be relaxed with the Inspector’s previous permission in cases of urgent work.

Section 14: Spread over of hours of work

The spread-over of a worker in any shop or establishment shall not exceed ten and a half hours in any day. For workers engaged in intermittent or urgent work, the spread-over shall not exceed twelve hours.

Purpose of Exemption:

The exemption is likely aimed at providing regulatory relief or flexibility to IT-related services, IT-enabled services, and financial services establishments. These sectors often have unique operational requirements and may not align perfectly with the standard provisions of the Shops and Establishments Act.

Administrative Authority:

The notification is issued from the Sachivalaya, Gandhinagar, indicating that it comes from the administrative headquarters of the Gujarat state government.

Issuing Authority:

The notification is signed by Gagubha Raj, Deputy Secretary to Government, indicating that it is issued on behalf of the Governor of Gujarat.

Implications:

  • Compliance: Establishments falling under the specified sectors must ensure compliance with other provisions of the Gujarat Shops and Establishments Act, apart from sections 12 and 14.
  • Duration: The exemption is valid for two years from the date of notification, after which the provisions of sections 12 and 14 will become applicable unless extended or revised through further notifications.

This detailed analysis helps to understand the specifics and implications of the notification issued by the Gujarat Government regarding exemptions for certain types of establishments under the Gujarat Shops and Establishments Act.

Posted by & filed under Minimum Wages-Karnataka.

Navigating the Revised Minimum Wages in Karnataka for 2024-2025

Introduction: With each passing year, ensuring fair compensation for workers becomes increasingly vital. In Karnataka, the recent revision of minimum wages for the year 2024-2025 underscores the government’s commitment to uplift the workforce. However, for employers, understanding and implementing these revisions effectively can be a daunting task. This article aims to provide clarity on the revised minimum wages in Karnataka for the specified period and offers practical insights for employers to navigate these changes seamlessly.

Understanding the Revised Minimum Wages: The Karnataka government has revised the minimum wages for the fiscal year 2024-2025, marking an upward adjustment of Rs. 681.60/-. These revisions are applicable across various sectors governed by labor laws, including the Shops & Commercial Establishments Act and the Security Agency Act. It is essential for employers to incorporate these revisions into their wage structures, ensuring compliance and equitable remuneration for all employees.

Key Components of the Revised Minimum Wages:

  1. Basic Wages: The revised minimum wages include provisions for basic wages, which form the foundation of employees’ compensation packages.
  2. Dearness Allowance (DA): Additionally, employers must factor in the current DA rates, which stand at Rs. 3518.40/- for the S&E sector and Rs. 2223.60/- for the Security sector. These allowances are crucial in determining the total earnings of employees.
  3. Contractual and Sub-contractual Arrangements: Employers must ensure that contractors and sub-contractors revise their salary structures in line with the revised minimum wages. This ensures that all workers, regardless of their employment arrangement, receive fair and equitable compensation.

Implementing the Revised Minimum Wages:

  1. Compliance with Statutory Regulations: Employers must adhere to the provisions outlined in the Karnataka Minimum Wages Act, 1948, and other relevant labor legislations. This includes accurately calculating and disbursing wages, maintaining comprehensive records, and facilitating transparent communication with employees.
  2. Transparent Communication: Clear and transparent communication regarding the revised minimum wages is paramount. Employers should effectively communicate these changes to all employees, providing detailed explanations and addressing any concerns or queries they may have.
  3. Periodic Review and Evaluation: Regular reviews and evaluations of wage structures and implementation processes are essential to ensure ongoing compliance and effectiveness. Employers should conduct periodic audits to identify and rectify any discrepancies or non-compliance issues promptly.
  4. Embracing Technology: Leveraging technology solutions such as payroll software can streamline wage calculations, automate administrative processes, and enhance accuracy and efficiency in wage management.
  5. Employee Empowerment: Empowering employees with knowledge about their rights and entitlements under the revised minimum wages regime fosters a culture of transparency, fairness, and mutual respect in the workplace.

Conclusion: The revision of minimum wages in Karnataka for the year 2024-2025 reflects the government’s commitment to promoting social justice and economic prosperity for all workers. Employers play a crucial role in ensuring the effective implementation of these revisions, fostering a conducive work environment built on principles of fairness, equity, and compliance. By embracing transparency, communication, and technology, employers can navigate the complexities of the revised minimum wages regime with confidence, ultimately contributing to the well-being and prosperity of the workforce in Karnataka.

Posted by & filed under Compliance -Calendar.

Title: Navigating Labour Law Compliance Calendar: March 2024 Edition

Introduction: As we step into March 2024, businesses across India are gearing up to ensure compliance with various labour laws. Understanding and adhering to these regulations are vital not only to avoid legal repercussions but also to foster a healthy work environment. In this article, we’ll delve into the Labour Law Compliance Calendar for March 2024, highlighting key dates and requirements that businesses need to be aware of across the nation.

Minimum Wage Revisions: March often brings revisions to minimum wages in several states across India. It’s crucial for employers to stay updated with these changes to ensure they’re paying their employees fairly and in accordance with the law. Employers should review the revised minimum wage rates for their respective states and adjust payroll accordingly to remain compliant.

Payment of Provident Fund (PF) Contributions: Employers need to ensure timely payment of Provident Fund contributions for both employees and employers. The due date for PF remittance falls on the 15th of every month. Delays or non-compliance can attract penalties and legal consequences. Therefore, businesses must prioritize the timely deposit of PF contributions to avoid any financial or legal repercussions.

Professional Tax Filing: Professional tax, a state-level tax levied on employment, is another aspect of labour law compliance that requires attention. Employers are typically responsible for deducting and remitting professional tax on behalf of their employees. The due date for professional tax filing varies from state to state, and businesses must adhere to the specific deadlines outlined by the respective state governments.

ESI Contribution Payment: For entities covered under the Employees’ State Insurance (ESI) Act, the timely payment of ESI contributions is imperative. Similar to PF contributions, ESI payments are due by the 15th of each month. Employers must ensure accurate calculation and remittance of ESI contributions to provide employees with essential healthcare benefits as mandated by law.

Labour Welfare Fund (LWF) Compliance: Several states require employers to contribute to the Labour Welfare Fund, which aims to provide social security benefits to workers. The due date for LWF contributions varies across states, and businesses must comply with the deadlines specified by the respective state authorities. Failure to fulfill LWF obligations can result in penalties and legal complications.

Compliance with Contract Labour Regulations: Businesses engaging contract labour must ensure compliance with the Contract Labour (Regulation and Abolition) Act. This includes obtaining appropriate licenses, maintaining records, and adhering to statutory obligations related to contract labour employment. Employers should conduct regular audits to verify compliance with contractual regulations and address any discrepancies promptly.

Conclusion: Navigating the intricate landscape of labour law compliance can be challenging for businesses, especially with the dynamic regulatory environment in India. However, staying abreast of key dates and requirements outlined in the Labour Law Compliance Calendar for March 2024 is essential for maintaining legal integrity and fostering a harmonious workplace environment. By prioritizing compliance efforts and leveraging resources to ensure adherence to labour laws, businesses can mitigate risks and uphold their commitment to ethical and lawful employment practices.

Posted by & filed under Maharashtra Pollution Control Board.

Maharashtra Pollution Control Board starts digital environmental public  hearing, ET Government

Title: Maharashtra Pollution Control Board Introduces Amnesty Scheme for Penal Fees

Date: February 27, 2024

Introduction:

The Maharashtra Pollution Control Board (MPCB) has issued a circular on February 27, 2024, introducing an Amnesty Scheme for Penal Fees aimed at industries violating the Combined Consent Regime under the Air and Water Acts. This scheme offers a waiver on penal fees for various infractions, such as delays in applying for consent and operating without consent, with the goal of encouraging industries to regularize their activities and improve monitoring compliance.

Key Features of the Scheme:

Categorization of Violations: The scheme categorizes violations based on industry type and the duration of non-compliance, offering different penalty relief measures for Red, Orange, and Green category industries.

  • Calculation Method for Penal Charges: It outlines a specific method for calculating penal charges, excluding units or industries that have already paid penalties.
  • Application Process: Applications must be submitted online within a three-month period, emphasizing adherence to the timeline.
  • Payment Conditions: Industry applicants must pay penal fees in full and at once. Pending applications with the Board will be considered if they meet payment conditions within the specified timeframe.
  • Duration and Implementation: The scheme will be in effect for three months, after which the previous penal fees circular will resume. All Board officers are required to implement the scheme and adhere strictly to its guidelines.

Objective of the Scheme:

The primary objective of the Amnesty Scheme is to incentivize industries to comply with environmental regulations and rectify past violations by offering penalty waivers within a defined timeframe. It aims to promote environmental sustainability and effective monitoring of industrial activities.

Conclusion:

The introduction of the Amnesty Scheme by the Maharashtra Pollution Control Board signifies a proactive step towards environmental compliance and sustainability. By providing industries with an opportunity to rectify past violations through penalty waivers, the scheme encourages adherence to environmental regulations and promotes responsible industrial practices. It is imperative for industries to take advantage of this opportunity and participate in the scheme within the stipulated timeframe to contribute towards a cleaner and greener future for Maharashtra.

Posted by & filed under ESIC-Hospital, Maharashtra.

In the realm of employee welfare, the Employee State Insurance Corporation (ESIC) plays a pivotal role in providing healthcare benefits to workers across various sectors. One of the significant aspects of ESIC’s healthcare provision is its tie-up with a network of hospitals across the country. These tie-up hospitals serve as crucial pillars in ensuring accessible and quality healthcare for ESIC beneficiaries. Let’s delve into the importance of this tie-up hospital network and its impact on employees:

  1. Expanded Healthcare Reach: The tie-up hospital network significantly expands the reach of healthcare services for ESIC beneficiaries. By collaborating with numerous hospitals, ESIC ensures that employees and their dependents have access to medical facilities within their vicinity. This expansive reach is particularly beneficial for employees residing in remote or underserved areas, where healthcare infrastructure may be limited.
  2. Diverse Medical Specialties: ESIC tie-up hospitals typically offer a wide range of medical specialties and services. From primary care and preventive services to specialized treatments and surgeries, these hospitals cater to diverse healthcare needs. This ensures that employees receive comprehensive medical attention, encompassing various health conditions and ailments.
  3. Quality Healthcare Standards: ESIC maintains stringent quality standards for its tie-up hospitals. Before partnering with healthcare institutions, ESIC verifies the quality of infrastructure, medical equipment, and the expertise of healthcare professionals. This emphasis on quality assurance ensures that beneficiaries receive standardized and reliable healthcare services across all tie-up hospitals.
  4. Cashless Treatment Facilities: One of the key benefits of the ESIC tie-up hospital network is the provision of cashless treatment facilities. ESIC beneficiaries can avail themselves of medical services without the hassle of upfront payments or reimbursement procedures. This cashless treatment system enhances convenience and eliminates financial barriers to accessing healthcare, thereby promoting timely medical interventions.
  5. Cost-Effective Healthcare: ESIC tie-up hospitals often offer healthcare services at subsidized rates for beneficiaries. This cost-effective healthcare model alleviates the financial burden on employees and their families, especially during medical emergencies or prolonged treatments. By making healthcare more affordable, ESIC contributes to enhancing the overall well-being and financial stability of workers.
  6. Continuity of Care: The tie-up hospital network facilitates continuity of care for ESIC beneficiaries. In cases where specialized treatments or follow-up care is required, employees can seamlessly transition between ESIC tie-up hospitals without disruptions in their medical care. This continuity of care is essential for managing chronic conditions, ensuring optimal recovery from illnesses, and promoting overall health maintenance.

In conclusion, the ESIC tie-up hospital network plays a vital role in ensuring healthcare access and affordability for employees covered under the ESIC scheme. By collaborating with a diverse network of hospitals and upholding stringent quality standards, ESIC effectively fulfills its mandate of safeguarding the health and well-being of workers and their families. This concerted effort towards providing comprehensive and accessible healthcare underscores the importance of ESIC’s role in the broader landscape of social welfare and healthcare provision.

Posted by & filed under Karnataka-Shop act.

Key Points to know about Karnataka Language Amendment Bill 2024 - PreCrack. in

Introduction: In a move aimed at bolstering the status and visibility of the Kannada language, the Karnataka State Legislature recently passed the Kannada Language Comprehensive Development (Amendment) Act, 2024. This legislative amendment marks a significant step towards furthering the comprehensive development and promotion of the Kannada language within the state.

Amendments Overview: The key amendments introduced by the Act primarily focus on two sections of the existing Kannada Language Comprehensive Development Act, 2022.

  1. Section 7 Amendment: The Act adds a new clause (vii-a) which designates the Secretary of the Kannada Development Authority as the convener of the Committee. This Committee plays a crucial role in overseeing the implementation of measures aimed at the development and promotion of the Kannada language.
  2. Section 17 Amendment: This section mandates that various establishments, including commercial, industrial, and business undertakings, as well as hospitals and hotels, display a significant portion (60%) of their name boards in Kannada. Furthermore, it specifies that Kannada must be prominently displayed in the upper half of the name board.

Purpose and Significance: The amendments underscore the government’s commitment to preserving and promoting the Kannada language as an integral part of Karnataka’s cultural heritage. By requiring a substantial portion of name boards to be in Kannada, the legislation aims to enhance the visibility and usage of the language in public and commercial spaces. Moreover, appointing the Secretary of the Kannada Development Authority as the convener of the Committee reinforces the authority’s pivotal role in driving initiatives for Kannada language development.

Synopsis: The Kannada Language Comprehensive Development (Amendment) Act, 2024, represents a proactive approach by the Karnataka government towards safeguarding and promoting the Kannada language. Through targeted legislative amendments, the Act seeks to ensure that Kannada retains its prominence in various spheres of public life, thereby preserving the state’s linguistic and cultural identity. By mandating the prominent display of Kannada on name boards and empowering the Kannada Development Authority, the legislation reaffirms the state’s commitment to nurturing and advancing the rich linguistic heritage of Karnataka.

Posted by & filed under POSH-ACT.

10 Years of The Posh Act – Two Steps Ahead And One Step Back » Imphal  Review of Arts and Politics

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Amendment Bill, 2024, introduced by the Rajya Sabha on February 02, 2024, proposes significant changes to the existing Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. The key amendments outlined in the bill are as follows:

  1. Amendment to Section 9:
    • Sub-section (1) of Section 9, which deals with the filing of complaints of sexual harassment, is proposed to be modified.
    • The time limit for filing complaints is extended from three months to one year from the date of the incident.
    • Additionally, the time limit for reporting incidents occurring over a period is also extended from three months to one year from the date of the last incident.
  2. Amendment to Section 9:
    • The second proviso to sub-section (1) of Section 9, which previously specified a time limit “not exceeding three months,” is proposed to be omitted. This implies the removal of any specific time limit for the completion of the internal inquiry process.
  3. Omission of Section 10:
    • The bill proposes the complete removal of Section 10, which deals with the process of conciliation in cases of sexual harassment. This suggests a shift away from conciliation as a method of resolving such cases within the workplace.

These amendments aim to provide women with a more extended timeframe to report incidents of sexual harassment, thereby allowing them sufficient time to come forward and seek redressal. Additionally, the removal of the conciliation process suggests a more direct approach to addressing complaints of sexual harassment, potentially emphasizing the importance of thorough investigations and appropriate disciplinary actions.