MATERNITY BENEFITS BEYOND CONTRACTUAL EMPLOYMENT Supreme Court Judgememt

Posted by & filed under Maternity Benefit Act.

Case Background: Dr. Kavita Yadav, a Senior Resident (Pathology), worked at Janakpuri Super Speciality Hospital in Delhi. Her employment was temporary and extendable on a yearly basis, with a maximum tenure of three years. In 2017, she applied for maternity benefits under the Maternity Benefit Act.

Her employer, citing the termination of her contract on June 11, 2017, granted her only 11 days of maternity benefits. Dr. Yadav contested this decision in the Central Administrative Tribunal and later in the High Court but was unsuccessful. The High Court argued that, since her contractual employment was time-bound and ended during her maternity leave, there was no “absence” to warrant full maternity benefits. Extending her leave, according to the High Court, would mean unintentionally extending her contract.

Supreme Court’s Decision:

The Supreme Court provided a detailed explanation of its judgment:

Interpretation of Maternity Benefit Act: The Supreme Court interpreted the Maternity Benefit Act, which is intended to provide maternity benefits to women. It emphasized that the Act uses the term “maternity benefits” and not “maternity leave.” This distinction is crucial.

Eligibility for Maternity Benefits: The Act, specifically in Section 5(2), sets conditions for eligibility for maternity benefits. These include a woman having worked for a certain number of days in the 12 months before her expected delivery. Dr. Yadav met these conditions.

Maximum Duration of Maternity Benefits: The Act also specifies the maximum duration of maternity benefits in Section 5(3), which is 26 weeks. However, there’s no requirement in the Act that maternity benefits must be co-terminus with the employment tenure.

Prohibition on Dismissal During Pregnancy: The Act, under Section 12(2)(a), prohibits an employer from dismissing or discharging a woman during her pregnancy or maternity leave. This means that once a woman fulfills the eligibility criteria, she’s entitled to maternity benefits even if her contract ends during this period.

Legal Precedents: The Supreme Court referred to previous cases, including one involving female muster roll workers, where it was ruled that the Maternity Benefit Act applied to workers employed on a casual basis or daily wages. The Court noted that the Act is in line with constitutional principles and international obligations.

Overriding Effect of the Maternity Benefit Act: Section 27 of the Act states that it prevails over any other law, award, agreement, or contract of service. This reinforces that the Act’s provisions should be followed.

Court’s Decision:Given the above interpretation and the legal precedents, the Supreme Court ruled that Dr. Kavita Yadav was entitled to full maternity benefits under the Maternity Benefit Act, even though her contract had ended.

The Court instructed the employer to provide these benefits within three months from the date of the judgment, and the earlier decisions by the employer rejecting her claim were invalidated.This judgment, delivered by a panel of three judges, was dated August 17, 2023. It clarifies the rights of female employees to maternity benefits and ensures that these benefits are not curtailed due to the termination of their employment contracts during maternity leave

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Pathological Labs In Kerala Covered Under ESI Act From 2007 & Not 2002 : Supreme Court Dismisses ESIC Appeal

Posted by & filed under Supreme Court ESIC Judgment.

The Law Advice - News - Pathological labs covered under Employees' State Insurance Act, 1948 from 2007: SC upholds Kerala HC order

Supreme Court judgment in the case of E.S.I. Corporation vs. M/s. Endocrinology and Immunology Lab (Civil Appeal No. 3368 of 2012), which was decided on August 2, 2023:

  1. Background: The case revolves around the interpretation of the Employees’ State Insurance Act, 1948 (ESI Act) in the context of pathological laboratories in Kerala. The central issue is determining the date from which a particular pathological laboratory (respondent establishment) should be covered by the ESI Act.
  2. Facts:
    • The respondent establishment is a pathological laboratory in Kerala.
    • An inspection of the establishment was conducted in 1999, revealing that 19 employees were working there.
    • A show cause notice was issued to the respondent by the Employees State Insurance Corporation (ESI Corporation).
    • The Employees’ Insurance Court declared in an order dated 19.04.2007 that the establishment should be classified as a ‘shop’ under Section 1(5) of the ESI Act and should be covered by the Act from 22.11.2002.

3. The High Court Decision:The High Court allowed the appeal filed by the respondent, ruling that the establishment should be covered under the ESI Act from 06.09.2007 and not from 22.11.2002.The High Court’s decision was primarily based on a government notification issued on 06.09.2007.

4. Legal Provisions:The ESI Act contains provisions related to coverage and applicability to different types of establishments, including factories and shops. 5. Key Arguments: 1.The ESI Corporation argued that the establishment should be covered under the ESI Act from 22.11.2002 based on a notification issued in 1976 by the Government of Kerala. 2. The respondent argued that the 1976 notification did not include pathological laboratories in its definition of a ‘shop 3. The respondent also pointed to a later 2007 notification, which specifically included medical institutions, including pathological laboratories, with 20 or more employees under the ESI Act.

6. Court’s Analysis and Decision:

  • The Court analyzed the relevant provisions of the ESI Act, particularly Sections 1(4), 1(5), and 2(12), to determine the scope and applicability of the Act to different types of establishments.
    • It was established that the establishment, being a pathological laboratory, did not fall under the definition of a ‘factory’ as it did not involve a manufacturing process.
    • The Court noted that the 1976 notification by the Government of Kerala did not categorize pathological laboratories as ‘shops,’ and the Corporation’s interpretation was inconsistent with this notification.
    • The Court pointed out that the Government of Kerala issued a fresh notification in 2007, explicitly including medical institutions, including pathological laboratories, under the ESI Act when there were 20 or more employees.
    • The 2007 notification, issued in consultation with the ESI Corporation and with the approval of the Central Government, was found to be the relevant authority on the matter.
    • The Court emphasized that the issuance of the 2007 notification indicated that, even by the Corporation’s own understanding, pathological laboratories were not previously covered by the Act.

7. Judgment:

  • The Supreme Court upheld the High Court’s decision, affirming that the respondent establishment should be covered under the ESI Act from September 6, 2007, in accordance with the 2007 government notification.
  • The Court dismissed the appeal, and no costs were awarded.

In summary, this case involved a dispute over the coverage of a pathological laboratory under the ESI Act. The Supreme Court clarified that the 2007 notification specifically including such establishments under the Act took precedence over the Corporation’s earlier interpretations and the 1976 notification, resulting in coverage from September 6, 2007.

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Notification-on-various-welfare-schemes-and-benefits-to-the-beneficiaries-under-delhi-bocw-board

Posted by & filed under Delhi BOCW.

Welcome to the Delhi Building and Other Construction Workers Welfare Board | Delhi Building and Other Construction Workers Welfare Board

This notification from the Government of National Capital Territory of Delhi, dated 20th October, 2023, outlines the requirement for Aadhaar, a unique identification number, for individuals desiring to avail benefits under various welfare schemes implemented by the Delhi Building & Other Construction Workers Welfare Board (DBOCWW Board). Here are the key points of the notification:

  1. Purpose of Aadhaar: The use of Aadhaar as an identity document is encouraged for the delivery of government services, benefits, and subsidies. It is seen as a way to enhance transparency and efficiency in the distribution of welfare benefits.
  2. Welfare Schemes: The DBOCWW Board implements several welfare schemes, including maternity benefits, financial assistance in case of miscarriage, pension benefits, housing advances, disability pensions, educational assistance, marriage assistance, and more.
  3. Funding: The benefits provided under these schemes are financed through the Cess Fund of the DBOCWW Board, National Capital Territory of Delhi.
  4. Aadhaar Requirement: To avail the benefits under these schemes, individuals must provide proof of possession of an Aadhaar number or undergo Aadhaar authentication.
  5. Aadhaar Enrollment: Individuals without an Aadhaar number must apply for Aadhaar enrollment if they are entitled to obtain one. Enrollment can be done at Aadhaar enrollment centers.
  6. Consent for Data Sharing: Those providing their Aadhaar number or undergoing Aadhaar authentication consent to the use of their Aadhaar information to verify their eligibility for the scheme. They also allow the sharing of information with relevant government departments and agencies.
  7. Benefit Transfer: The benefits will be transferred to the beneficiary’s account maintained by the implementing agency through the Cess Fund.
  8. Aadhaar Enrollment Facilities: The DBOCWW Board is required to offer Aadhaar enrollment facilities for beneficiaries who are not yet enrolled for Aadhaar, and they should make these facilities available at convenient locations.
  9. Documents for Eligibility: Until Aadhaar is assigned to an individual, benefits can be given based on specific documents, such as the Aadhaar Enrolment identity document slip and other recognized identity documents.
  10. Publicity: The implementing agency will conduct widespread publicity through media to inform beneficiaries about the Aadhaar requirement.
  11. Exception Handling: If Aadhaar authentication fails due to poor biometrics or other reasons, alternative methods like face authentication or One Time Password (OTP) will be adopted.
  12. Effective Date: The notification comes into force from the date of its publication in the Official Gazette.
  13. Exception Handling Mechanism: An exception handling mechanism is outlined to ensure that no bona fide beneficiary is deprived of their benefits

This notification essentially mandates the use of Aadhaar for accessing various welfare benefits and outlines the procedures to handle exceptions and ensure that eligible beneficiaries are not denied their entitlements.

Download :-

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Delhi Government Boosts Workers’ Livelihoods: Minimum Wage Increase from October 1, 2023

Posted by & filed under Minimum Wages-Delhi.

Delhi govt hikes minimum wages, new rates from October 1, 2023

The Delhi government has taken a significant step in improving the lives of its workers and labor force by announcing an increase in the minimum wage effective from October 1, 2023. This decision represents a positive move towards addressing the rising cost of living and ensuring that all workers receive a fair and just compensation for their efforts

Minimum wage is the lowest remuneration that employers are legally required to pay to their workers. It is set by the government to ensure that employees can meet their basic needs and maintain a decent standard of living. This system not only serves as a protective measure for workers but also aids in reducing poverty and income inequality within a region

According to the Delhi government, The new rates of minimum wages are:

  1. The monthly wage of skilled workers increased from ₹ 20,903 to ₹ 21,215 by ₹312
  2. The monthly salary of semi-skilled workers increased from ₹ 18,993 to ₹ 19,279 by ₹ 286
  3. ₹ 260 increased in the monthly wages of unskilled labourers from ₹ 17,234 to ₹ 17,494.

The decision to increase the minimum wage in Delhi comes as a welcome relief for thousands of workers across various sectors. While the exact details of the wage increase may vary depending on the specific industry and skill level, the overarching goal is to uplift the livelihoods of the workforce.

Notification:-

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States/UTs Must Notify ‘District Officers’ Under POSH Act : Supreme Court Issues Slew Of Directions

Posted by & filed under POSH-ACT.

In a recent judgment, the Supreme Court of India has issued a comprehensive set of directions to both the Union government and all State/Union Territory governments to ensure the effective implementation of the Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) and its Rules.

Key highlights of the judgment include:

  1. Mandatory Appointment of District Officers: The Court has stressed the obligatory appointment of District Officers, emphasizing their pivotal role in overseeing the implementation of the POSH Act, appointing nodal officers, and forming Local Committees.
  2. Appointment of Nodal Officers and Local Committees: District Officers are directed to appoint nodal officers and constitute Local Committees in various geographical areas, as stipulated by the Act.
  3. Awareness and Sensitization:The judgment emphasizes training and sensitization of District Officers and Local Committee members regarding their responsibilities under the Act. Periodic training sessions are to be organized by the state governments.
  4. Awareness and Outreach:The Court has called for greater awareness efforts, especially in the unorganized sector, by involving non-governmental organizations (NGOs) and making Local Committees more accessible.
  5. Coordination: The Women and Child Development Ministry in each state/union territory is instructed to designate a ‘nodal person’ for better coordination, both within the state and with the Union Government.
  6. Amendments to Rules: The Union Government is urged to consider amending the Rules to address reporting and fine collection under Section 26 of the Act.
  7. Annual Compliance Reports: District Officers are tasked with ensuring compliance with various sections of the Act, including collecting reports and preparing brief reports to share with the state government.
  8. Monitoring of ICs and Employer Compliance: The judgment reiterates directions from a previous case, focusing on establishing Internal Complaints Committees and ensuring compliance, particularly in public and private establishments.
  9. Efforts towards Awareness: Both state and Union governments are instructed to allocate financial resources for educational materials, communication, training, and awareness programs about the POSH Act

In summary, this judgment is a significant step towards strengthening the implementation of the POSH Act, with a primary focus on preventing and addressing workplace sexual harassment. It underscores the need for a robust framework to ensure accountability and support for victims, emphasizing the role of District Officers, sensitization, and outreach efforts.

Supreme court Judgement:-

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TN Govt. stated that apprentices were not employees

Posted by & filed under High Court Judgements.

Government of Tamil Nadu - Wikipedia

In the judgment of C.M.A(MD)No.861 of 2022 by the Madurai Bench of the Madras High Court, dated 23rd March 2023, the following key points were addressed:

Background: The case involved an appeal filed by the Employees State Insurance Corporation (ESIC) against a decision by the Labour Court. The ESIC contested the liability of Sundaram Textiles Limited to pay contributions for stipends paid to their apprentice employees.

Legal Definitions: The case centered around the interpretation of the Employees State Insurance Act (ESI Act). The ESIC argued that the stipends paid to apprentices qualified as “wages” under Section 2(22) of the ESI Act, making the company responsible for contributions. The respondent, Sundaram Textiles Limited, claimed that their apprentice employees were not covered by the ESI Act as they were engaged under certified standing orders, and, therefore, were not liable for contributions.

Pre-Amendment Status: The judgment noted that before an amendment to the ESI Act on 1st June 2010, apprentice employees engaged under certified standing orders were not considered employees for the purpose of contributions under the ESI Act.

Ruling: The court examined legal precedents and determined that the respondent’s apprentices were not employees under the ESI Act. They were engaged for the purpose of learning skilled work and were not entitled to claim regular employment. This meant that the stipends paid to them did not qualify as “wages,” and therefore, the respondent was not liable for contributions under the ESI Act.

Amendment Date: The judgment emphasized that the period for which contributions were claimed (from 4/2002 to 3/2007) fell before the 2010 amendment to the ESI Act. Therefore, the respondent was not liable for contributions for that period.

Outcome: The Madras High Court upheld the decision of the Labour Court. This meant that Sundaram Textiles Limited was not required to pay contributions for the stipends paid to their apprentice employees, and the appeal by the Employees State Insurance Corporation was dismissed.In summary, the judgment clarified the legal status of apprentice employees under the ESI Act and determined that contributions were not applicable for the stipends paid to apprentices engaged under certified standing orders before the 2010 amendmet

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General Elections – Telangana State – Holiday – 30-Nov-2023

Posted by & filed under Telengana Election.

Telangana Assembly Elections Scheduled for November 30

The 119 members of the Telangana Assembly will be chosen in the 2023 election, which is expected to take place in December or earlier. The Election Commission of India (ECI) has announced the date for the upcoming Telangana Assembly Elections 2023. The elections will take place on 30 November 2023.

In this context, it is hereby authorized to declare a paid holiday, on the day of poll i.e., 30.11.2023 (Thursday) and also authorized to declare paid holiday for the Offices /Institutions where polling stations and counting centers are established, on the day before the day of Poll i.e., 29.11.2023 (Wednesday) and the day fixed for Counting i.e., on
03.12.2023 (Sunday) for the ongoing General Elections to Telangana State Legislative Assembly, 2023.

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MCA imposes 4.5 Lakh penalty for not including statement on constitution of Internal Complaints Committee under the Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act, 2013 in Board report

Posted by & filed under POSH-ACT.

Sexual Harassment of Women at Workplace Act 2013

Ceeta Industries Limited, a company headquartered in Tumkur, Karnataka, has been penalized by the Ministry of Corporate Affairs (MCA) for violating Section 134(3)(q) of the Companies Act, 2013. The violation stems from the company’s failure to include a required statement regarding the constitution of the Internal Complaints Committee (ICC) under the Sexual Harassment of Women at Workplace Act, 2013, in their Board reports for the financial years ending on March 31, 2019, and March 31, 2020.

Key point:-

  • Violation Details: The company did not disclose its compliance with ICC provisions in their Board reports, which was a violation of Section 134(3) of the Companies Act.
  • Penalties Imposed: The penalties for this violation include a fine of three lakh rupees for the company and fifty thousand rupees each for its Managing Director, CFO (Key Managerial Personnel), and Company Secretary.
  • Adjudication Process: The violation was identified in July 2021, and the company underwent an adjudication process, including a physical hearing where they argued that the omission was unintentional.
  • Small Company Argument: The company claimed that, as it had fewer than ten employees in each establishment, it was not obligated to establish an ICC. However, this argument did not exempt them from the penalty.
  • Importance of Compliance: The article underscores the necessity of adhering to all statutory requirements, no matter how seemingly procedural they appear, to avoid financial penalties and legal actions.
  • Consequences of Non-Compliance: Failure to comply with the MCA’s order could result in further legal actions under Section 454(8) of the Companies Act, 2013.

This case serves as a reminder of the importance of adhering to legal requirements and maintaining regulatory compliance to avoid financial penalties and potential legal consequences.

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When Can Two Establishments Be Clubbed Together For EPF Act Coverage?

Posted by & filed under High Court Judgements-PF.

Supreme Court | Section 2(b) of EPF Act

A Division Bench of the Supreme Court recently determined the legal position pertaining to the clubbing of different institutes for the purpose of coverage under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act).

After referring to several decisions with respect to the subject matter, the Court concluded that there is a financial integrity between the two institutes and thus, they can be interconnected and can be clubbed for the purpose of coverage.

Important Judgement from Supreme court :-

When-Can-Two-Establishments-Be-Clubbed-Together-For-EPF-Act-Coverage-Supreme-Court-ExplainsDownload

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•Synopsis of the Judgment in Civil Appeal No. 4188 of 2013:

•The case involves an appeal challenging the applicability of the Employees’ Provident Funds and Miscellaneous Provisions Act (EPF Act) to the appellant’s educational institutions.
•The appellant runs two institutions: the ‘Ideal Institute of Fine Arts’ and the ‘Mathosri Manikbai Kothari College of Visual Arts,’ both on the same campus.
•The issue is whether the EPF Act applies when both institutions share the same management and premises.
•The Enforcement Officer’s report determined that both institutions should be covered under the EPF Act due to their common management and having a total of 26 employees.
•The Commissioner issued an order for EPF contributions, which the appellant appealed. The Tribunal and the High Court upheld the order.
•The appellant argued that the institutions were independent and not interconnected.
•The court referred to legal precedents and noted that common management, functional integrity, and financial integration were essential factors for determining EPF Act coverage.
•Documents provided by the appellant, such as accreditation and financial records, supported the argument of interconnectedness.
•The court found that the appellant failed to provide enough evidence to disprove the common management and interconnection between the institutions.
•The appeal was dismissed, and the court upheld the previous orders for EPF Act coverage. No costs were awarded.
•In summary, the judgment confirms that both appellant’s educational institutions are subject to the EPF Act due to their shared management and interdependence, as established by the evidence and legal principles.

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