Prakash Consultancy services

Posted June 17th, 2025 by Prakash Consultancy Services & filed under Punjab -Shop & Establishment, Punjab Factory.

📅 Published on: 17 June 2025
✍️ By: Prakash Consultancy Services
🔖 Category: Labour Law Updates | Punjab | Factory Act

📰 Introduction

In an effort to uphold and promote electoral participation, the Government of Punjab, through its Department of Labour, has issued a significant notification on 13th June 2025. This notification provides paid leave to factory workers who are voters in the 64-Ludhiana West Assembly Constituency, in light of the upcoming Bye-Election scheduled for 19th June 2025 (Thursday).

This measure ensures that eligible workers have the opportunity to exercise their constitutional right to vote without being hindered by their work commitments.

📜 Legal Backing

The notification has been issued under the authority conferred by Sub-section 2 of Section 65 of the Factories Act, 1948 (Central Act 63 of 1948). It relates specifically to exemptions from the regular weekly holiday requirements under Section 52(1)(a) of the Act.

🧾 Summary of the Notification

📌 Particulars	📝 Details
Notification No.	Labour-Lab0FAFR/2/2024-2L/1185717
Issued By	Department of Labour, Government of Punjab
Notification Date	13th June 2025
Election Date	19th June 2025 (Thursday)
Assembly Constituency	64-Ludhiana West
Exemption Period	15th June 2025 to 21st June 2025
Legal Provision Invoked	Section 65(2) read with Section 52(1)(a) of the Factories Act, 1948
Applicability	All adult workers working in registered factories across Punjab who are enrolled voters in 64-Ludhiana West constituency
Purpose	To allow voters to participate in the bye-election without being required to work on polling day
Restriction	No such worker shall be required or allowed to work on 19.06.2025

🧑‍🏭 Who is Covered?

This notification is applicable to:

Adult workers employed in registered factories across Punjab
Those who are enrolled as voters in the 64- Ludhiana West Assembly Constituency

✅ Government’s Intent

This move underscores the Punjab Government’s commitment to

Enhancing voter turnout
Empowering workers by protecting their right to vote
Ensuring compliance with democratic principles

📬 Authorities Notified

The circular has also been shared with relevant departments and officials for immediate implementation, including:

Chief Electoral Officer, Punjab
Election Commission of India, New Delhi
Labour Commissioner and all Deputy Commissioners of Punjab
Department of Personnel, Punjab Government
Assistant Labour Commissioners and Factory Inspectors

🖊️ Official Signatory

The order is signed by:

Mr. Manvesh Singh Sidhu, IAS
Secretary to Government of Punjab
Department of Labour

Also signed by: Additional Secretary, Labour

📢 Final Takeaway

All factory employers and HR departments across Punjab must take immediate note of this notification. Workers covered under this order must not be required or allowed to work on 19th June 2025 if they are voters in the 64-Ludhiana West constituency.

Failure to comply may lead to legal implications under the Factories Act, 1948.

Notification Download

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Posted April 16th, 2025 by Prakash Consultancy Services & filed under Karnataka, Karnataka-PT.

📢 Karnataka Professional Tax Slab Revised – Amendment Act 2025 Notified | New PT Slab Effective from 1st April 2025

Published on: April 16, 2025
Author: Prakash Consultancy Services
Category: Statutory Compliance | Karnataka Labour Laws | Professional Tax

🏛️ Introduction

In a key legislative development, the Government of Karnataka has revised the monthly Professional Tax (PT) slab structure through Karnataka Act No. 33 of 2025, notified in the Karnataka Gazette (Extraordinary) on 15th April 2025. The amendment, effective from 1st April 2025, modifies the PT rate for the month of February alone, aiming to streamline the state’s revenue mechanism while keeping compliance simple for businesses and professionals.

📘 Amendment Snapshot – Karnataka PT Act, 2025

Particulars	Details
Act Name	The Karnataka Tax on Profession, Trades, Callings and Employments (Amendment) Act, 2025
Act Number	Karnataka Act No. 33 of 2025
Gazette Date	15th April 2025
Governor’s Assent	10th April 2025
Effective Date	1st April 2025
Amended Item	Schedule – Serial No. 1 (PT Slab)

💰 Revised Professional Tax Slab – Effective April 2025

Month	PT Amount Payable per Employee
April to January	₹200/month
February	₹300
March	₹200

⚠️ Note: The rate for February has been increased to ₹300. No changes for the remaining months.

👥 Who Is Liable to Pay?

Type of Person	Responsibility
Employer	Deduct PT monthly from employees and remit
Employee (under salary bracket)	PT is deducted from the salary
Freelancers/Consultants	Must self-register and pay PT
Business Entities	Pay PT for Directors, Partners, Proprietors (based on status and turnover)

📋 Return Filing Requirements

Return/Form	Timeline
Monthly PT Payment	20th of following month
Annual Return (Form 5)	30th April every year

⚠️ Penalties and Interest – Post Amendment

Even though the Amendment Act, 2025 revised the tax slab only, the existing penalty and interest provisions under the Act remain applicable and are summarised below:

📌 Section 11 – Interest on Delayed Payment

If PT is not paid on time, interest is levied at 1.5% per month on the outstanding tax amount.
📅 Effective From: Assessment Year 2023 onwards
Formula:
Interest = Tax Due × 1.5% × Number of Months Delayed

📌 Section 12 – Penalty for Non-Payment

A penalty of 10% of the tax amount due is levied if tax is not paid voluntarily before notice is served.
Example: If ₹2,500 is unpaid PT, penalty = ₹250

📌 Belated Filing Fee for Form 5 (Annual Return)

As per Rule 6(3):
- ₹250 per month per return for late submission
- No change in this fee post-amendment
- This fee applies in addition to interest and penalty

🔎 Example: Total Liability in Case of Delay

Scenario	Details
Employee Count	30
Month of Delay	February 2025
PT Due	₹300 × 30 = ₹9,000
Delay	2 months

📊 Calculation:

Component	Amount
Interest (1.5% × 2)	₹9,000 × 3% = ₹270
Penalty (10%)	₹9,000 × 10% = ₹900
Late Fee	₹250
Total Due	₹9,000 + ₹270 + ₹900 + ₹250 = ₹10,420

📝 Compliance Advisory for Employers

✅ Update payroll software for new PT slab effective April 2025
✅ Apply ₹300 deduction for February and ₹200 for other months
✅ Ensure Form 5 reflects accurate data and is filed before 30th April
✅ Maintain a PT Register and keep proof of challan and Form 5 submission

📘 Download Official Notification

📥

Karnataka-PT-Notification-2025 Download

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Posted April 5th, 2025 by Prakash Consultancy Services & filed under ESIC, Esic-Circulars.

Medical Benefit to Retired Beneficiaries under ESI – Draft Regulation 103AA Explained in Detail

Published On: April 4, 2025
Category: ESIC | Labour Law | Social Security
Tags: ESI Draft Regulation 2025, Medical Benefit for Retired Workers, ESIC Amendment, Post-Retirement Benefits

🧾 Introduction

In a significant move to ensure healthcare continuity for workers post-retirement, the Employees’ State Insurance Corporation (ESIC) has released a draft amendment to the Employees’ State Insurance (General) Regulations, 1950.

This amendment introduces Regulation 103AA, aiming to provide medical benefits to retired beneficiaries, including those who exited due to wage ceiling limits, superannuation, voluntary retirement, or premature retirement. This blog article provides a comprehensive breakdown of the proposed regulation, eligibility criteria, employer obligations, and implications for insured persons (IPs) and their families.

📘 Legal Background

The amendment is issued under the powers vested in ESIC through the Employees’ State Insurance Act, 1948. The ESI Scheme, which primarily provides health protection to workers earning wages under a notified ceiling, previously had limited options for post-retirement medical benefits.

While Rules 60 and 61 of the ESI (Central) Rules, 1950 covered some categories (superannuation, disablement), the draft Regulation 103AA aims to expand access to medical benefits to a broader class of retired or separated employees.

📜 Regulation 103AA – Medical Benefit to Retired Beneficiaries

The new regulation seeks to extend medical coverage to eligible retired employees and their spouses, ensuring a safety net during their non-earning phase. The medical benefits will be available under the ESIC healthcare system subject to the fulfilment of specific conditions.

✅ Who is Eligible Under Regulation 103AA?

Criteria	Explanation
Contribution History	Minimum of 5 years of contributions after 01.04.2012
Date of Retirement/Exit	On or after 01.04.2017
Wage Limit at Time of Exit	Last drawn wages must be ≤ ₹30,000/month
Mode of Exit	Ceased to be covered due to:
	– Wage ceiling crossed
	– Superannuation
	– Voluntary Retirement Scheme (VRS)
	– Premature Retirement
Coverage	Self and spouse eligible for medical benefits

📝 Conditions for Availing the Medical Benefit

In addition to fulfilling the eligibility criteria above, the following conditions must be met:

Scheme Conditions
The retired IP must satisfy other terms laid down in the specific scheme that ESIC will notify (not yet released).
Employer Certificate
A certificate from the employer confirming eligibility is required. This certificate must be in the format prescribed by the Director General, ESIC.
Post-Retirement Contribution
The retired person must pay contributions as specified in the scheme, both in rate and manner.

🔄 Continuation of Benefit for Existing Rule 60/61 Beneficiaries

The proposed Regulation 103AA also accommodates those already availing medical benefits under:

Rule 60 – Medical benefit to superannuated insured persons.
Rule 61 – Medical benefit to permanently disabled persons.

These individuals can transition or continue benefits under the new framework provided they:

Fulfil additional scheme requirements, and
Continue paying contributions as per notified structure.

🏢 Employer’s Responsibility Under the Regulation

The draft clearly outlines the obligations of employers. Specifically:

Employers are required to issue the certificate to the eligible former employee on demand, confirming the employee’s contribution details and reason for cessation.
The certificate is mandatory for the employee to access post-retirement medical benefits.

This makes it essential for employers to maintain accurate ESI records and ensure prompt issuance of certificates to retirees.

🧾 Practical Impact – Who Benefits?

The regulation is expected to benefit:

Workers who exited ESI coverage due to wage escalation but had long contribution histories.
Those who retired under VRS or prematurely, often falling into a grey zone for benefits.
Spouses of insured persons, ensuring family medical security.

This marks a shift towards inclusive social security, acknowledging that healthcare needs do not end with employment.

📬 Implementation and Next Steps

As this is a draft notification, it is open for public and stakeholder comments. Once approved, ESIC is expected to release:

A detailed scheme notification outlining payment rates, duration, hospital access, etc.
A certificate format to be used by employers.
Rules for contribution collection from retired beneficiaries.

🧠 Frequently Asked Questions (FAQs)

🔹 Is this regulation currently in force?

No. As of April 2025, it is a draft regulation pending final notification.

🔹 Is the ₹30,000 wage limit fixed or will it be revised?

The current draft sets ₹30,000/month as the ceiling. Future revisions are possible based on economic indices.

🔹 Can private employers deny issuing the certificate?

No. As per Sub-Regulation (2), employers are legally obligated to issue the certificate upon request.

🔹 What happens if a retired employee worked under multiple employers?

The employee can approach the last employer with the majority contribution period or submit combined service details with supporting evidence.

🧾 Summary Chart

Particulars	Details
Draft Regulation	103AA of ESI (General) Amendment Regulations, 2025
Eligibility Period	5 years post 01.04.2012
Retirement Date	On or after 01.04.2017
Last Drawn Wage Limit	₹30,000/month
Benefit	Medical benefit for self and spouse
Document Required	Employer certificate (format to be prescribed)
Contribution Post-Retirement	As per scheme notified by ESIC
Employer’s Role	Must issue certificate on demand

📢 Conclusion

This draft regulation is a progressive step by ESIC to extend the protective umbrella of the ESI Scheme beyond active employment. It recognises the healthcare needs of those who contributed significantly to the scheme and ensures that they and their spouses are not left vulnerable after retirement or wage-based exclusion.

Stakeholders – including employers, HR professionals, and employees – must stay informed, ready their documentation, and respond to ESIC’s final scheme notification once issued.

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Posted April 3rd, 2025 by Prakash Consultancy Services & filed under Bonus-Act.

In a landmark judgment that reinforces the rights of factory workers, including those with disabilities, the Supreme Court of India has held that the Payment of Bonus Act, 1965, applies to charitable trusts engaged in profit-making industrial activities. The ruling came in the case The Management of Worth Trust vs. The Secretary, Worth Trust Workers Union (Civil Appeal No. 20474 of 2019, decided on 2nd April 2025).

This verdict is a big win for differently abled workers employed in industrial units run by charitable organisations. It strengthens the legal framework around workers’ statutory rights in India.

🔍 Background of the Case

WORTH Trust, originally known as the Swedish Red Cross Rehabilitation Trust, was set up to rehabilitate leprosy-cured patients and other specially-abled persons. Over time, however, the trust diversified into the manufacturing sector, producing automobiles and industrial parts through its factories. While its origins were charitable, its operations post-1985 became profit-oriented.

Despite generating profits—or surplus, as termed in the Bonus Act—the trust refused to pay bonus wages, citing exemptions under Section 32(v) of the Payment of Bonus Act, 1965.

🧑‍🏭 The Workers’ Stand

The Worth Trust Workers Union, representing employees, most of whom are differently abled—claimed that:

They work in factories governed by the Factories Act, 1948
The trust earns profits through commercial manufacturing
As such, the Bonus Act is fully applicable and workers are entitled to the minimum bonus of 8.33% under Section 10, and up to 20% bonus under Section 11, depending on allocable surplus

The Tribunal and subsequently the Madras High Court agreed with the Union. However, the Trust appealed to the Supreme Court.

⚖️ Supreme Court Verdict: A Game-Changer for Employment Law

The Supreme Court dismissed the appeal, clarifying:

“Just because a trust undertakes charitable activities does not mean it can escape its statutory obligations under labour laws.”

Key takeaways from the judgment:

Factories run by charitable trusts are not exempt from the Bonus Act if they engage in commercial activities and generate surplus.
The exemption under Section 32(v)(a) or (c) applies only to institutions like the Indian Red Cross Society or those not established for profit. WORTH Trust no longer qualifies.
The bonus is a statutory right—ex-gratia payments made by the employer cannot substitute for the legal obligation of paying a statutory bonus.

The Court directed the Trust to pay pending bonuses from the year 1996-97 to date, after adjusting any ex-gratia amounts already paid.

Final Thoughts: A Win for Inclusivity & Fair Pay

This case sends a clear message: charitable status cannot be used as a shield to deny lawful entitlements to employees. If an organization is running factories, generating profits, and employing workers, then labour laws, including the Bonus Act, are applicable.

By upholding the rights of differently-abled employees, this decision is not just about compliance—it’s about dignity, inclusion, and economic justice.

Judgment:–

Supreme Court Rules in Favour of Differently-Abled Workers: Bonus Pay Mandatory for Charitable Trust Engaged in Commercial Activities Download

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Posted March 27th, 2025 by Prakash Consultancy Services & filed under Uncategorized.

🏛️ Supreme Court Rules in Favour of CBSE: Contractual Workers Are Not Direct Employees Without Documentary Evidence

Date of Judgment: 17 March 2025
Bench: Justice Ahsanuddin Amanullah & Justice Prashant Kumar Mishra
Category: Labour Law | Employment Dispute | Contractual Workforce | Supreme Court Judgment 2025

🔍 Introduction: Major Relief for Employers Engaging Outsourced Workers

In a landmark verdict that will significantly impact labour law compliance, manpower outsourcing contracts, and HR practices in India, the Supreme Court of India has delivered a clear and authoritative ruling — contract workers cannot claim permanent employee status without solid documentary proof of direct employment.

This judgment arose from the case of CBSE vs. Raj Kumar Mishra & Others, where individuals hired through a contractor claimed to be direct employees of the Central Board of Secondary Education (CBSE).

The apex court’s decision is a huge relief to thousands of employers — including schools, hospitals, PSUs, factories, IT firms, and other businesses that hire through manpower service providers.

📝 Background of the Case

What Triggered the Dispute?

Private respondents (including Mr. Raj Kumar Mishra) were deployed at CBSE offices through a manpower outsourcing agency — M/s. Man Power Services & Security.
Over time, they alleged that they were working under direct control and supervision of CBSE, and therefore, must be considered regular CBSE employees.
The Labour Court ruled in favour of the workers, treating the relationship as one of employer-employee.
The Allahabad High Court then set aside this award but remanded the matter back to the Labour Court.
CBSE challenged this remand order before the Supreme Court of India.

⚖️ Key Legal Questions Before the Supreme Court

Can a contract worker claim to be a direct employee if the employer exercises supervisory control?
Does assignment of duties or transfer across locations imply an employer-employee relationship?
Is it lawful to remand the matter back to the Labour Court when no direct employment documents exist?

🧑‍⚖️ Supreme Court’s Observations & Reasoning

❌ Supervisory Control is Not Employment Proof

The Court ruled that supervision or direction in daily tasks by the principal employer does not by itself establish employment. For a legitimate employer-employee relationship, documented proof is a must — such as:

Appointment letters
Salary slips
Bank transfers from the principal employer
EPF/ESIC registration records
Direct contractual obligations

📄 Outsourcing Validity Confirmed

The Court accepted CBSE’s evidence that the workers were engaged by a contractor, and CBSE had:

No direct employment contract
Paid contractor bills, not individual salaries
Allocated duties as representative beneficiaries of manpower supply, not as employers

🛑 Labour Court Remand Denied

The Court noted that since no documentary evidence existed to support the workers’ claim, sending the case back to the Labour Court would be a wasteful exercise. It upheld the principle that litigation must be based on evidence, not assumptions.

🏁 Final Judgment Summary

⚖️ Outcome	✔️ Verdict
High Court remand	Set aside
Labour Court awards	Quashed
Employment claim by workers	Rejected
CBSE’s appeal	Allowed
Pending applications	Disposed of

🧠 “A direct master-servant relationship must be established on paper. Supervisory control alone is not enough to prove employment.” – Supreme Court of India

🧩 What This Means for Employers

📌 If You Engage Contractual Workers:

✅ Ensure clear agreements with manpower agencies
✅ Route all salary payments through the contractor
✅ Avoid issuing internal memos or emails directly to contract workers
✅ Maintain records of invoices, job orders, and duty allocations via the contractor
✅ Register all workers only under the contractor’s ESIC and EPF codes

👨‍💼 Impact on HR Managers, Legal Teams, and Business Owners

This judgment strengthens legal protection for employers and ensures that contract staffing cannot be misused by workers to claim permanency without proof.

It will help:

Prevent misclassification of workforce
Reduce false litigation
Promote better manpower contract governance
Guide HR and admin teams during labour inspections or disputes

⚠️ Key Takeaways for Contract Workers

If you’re working through a manpower agency, remember:

Your legal employer is the contractor, unless you hold direct employment documents from the company.
You cannot claim to be a permanent employee just because you follow instructions or are supervised by someone from the company.
To claim permanency, you must show clear evidence of direct recruitment, salary, and control.

📚 Case Snapshot

Case Title	CBSE vs. Raj Kumar Mishra & Others
Case No.	Civil Appeal arising from SLP(C) Nos. 19648/2023 & 22030/2023
Court	Supreme Court of India
Date of Judgment	17 March 2025
Judges	Justice Ahsanuddin Amanullah & Justice Prashant Kumar Mishra
Category	Labour Law – Contractual Employment

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Posted March 10th, 2025 by Prakash Consultancy Services & filed under Minimum Wages-Karnataka.

The Karnataka government is set to implement a significant increase in the state’s minimum wages effective from April 1, 2025. This revision aims to enhance the earnings of workers across various industries and align salaries with the rising cost of living.

Key Highlights of the Wage Revision

Substantial Increase: The proposed policy suggests raising the minimum wage for unskilled laborers from approximately ₹15,000 to ₹20,000 per month.
Comprehensive Coverage: This wage revision is expected to benefit around 53–54 lakh workers in the organized sector and over 1.5 crore workers in the unorganized sector.
Categorization of Workers: The revision will classify workers into four categories based on their skill levels:
- Unskilled
- Semi-skilled
- Skilled
- Highly skilled
Sector-Wide Standardization: The government plans to standardize minimum wages across all 83 schedules under the unorganized sector, ensuring uniformity in wage structures.

Why Is the Minimum Wage Being Increased?

The minimum wage revision process occurs every five years to ensure that salaries reflect the rising cost of living and other economic factors. This increase follows recommendations from labor unions and experts who argue that current wages are insufficient to meet basic needs.

The Supreme Court guidelines and directives from the Ministry of Labour and Employment also play a role in shaping wage policies, emphasizing fair and sustainable wages.

Impact on Industries and Workers

For Workers:

Increased earnings will help improve the standard of living.
Better financial security and purchasing power.
Higher wages could lead to better working conditions and job satisfaction.

For Employers:

Increased wage expenditure could impact profit margins.
Businesses may need to reassess labor costs and pricing strategies.
Compliance with new wage laws will be essential to avoid penalties.

For the Economy:

Higher wages could lead to increased consumer spending, boosting economic activity.
It may attract more skilled workers to the state’s labor market.
Small businesses may require government support to manage wage adjustments.

Reactions from Labor Unions & Industry Bodies

Labor unions have largely welcomed the proposed hike, citing the need for scientific wage revisions instead of arbitrary increases. They have also urged the government to ensure strict enforcement so that workers receive the revised wages without exploitation.

On the other hand, some industry bodies have expressed concerns over the financial burden this may place on small and medium enterprises (SMEs). They are requesting phased implementation or subsidies to ease the transition.

Challenges in Implementation

Despite the positive outlook, several challenges remain:

Compliance Monitoring: Ensuring that businesses adhere to the new wage structure.
Impact on Small Businesses: MSMEs might struggle with the increased labor costs.
Inflationary Pressure: Higher wages could lead to inflationary effects on goods and services.
Wage Disparities Across Sectors: Some industries may find it difficult to accommodate such a hike without government intervention.

Conclusion

The Karnataka government’s decision to increase the minimum wage from April 1, 2025, is a significant step toward ensuring fair compensation for workers. While this move is expected to improve the livelihoods of millions, its success will depend on effective implementation, monitoring, and support for industries adjusting to the new wage standards.

As the deadline approaches, businesses and employees must prepare for the transition, ensuring compliance and maximizing the benefits of this wage hike. Stay tuned for further updates on sector-specific minimum wage rates and implementation guidelines.

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Posted February 21st, 2025 by Prakash Consultancy Services & filed under Minimum Wages-Maharashtra.

Introduction

The Maharashtra Minimum Wages 2025 notification has been released by the Maharashtra government, setting revised wage rates applicable from 1st January 2025 to 30th June 2025 under the Minimum Wages Act, 1948. This latest update is crucial for employers, HR professionals, and workers across various industries.

The updated minimum wages in Maharashtra include Basic Wages and Dearness Allowance (DA) components. Employers must comply with these new rates to avoid penalties and maintain statutory compliance.

Understanding Minimum Wages in Maharashtra

The minimum wage is revised periodically to reflect inflation and changes in the cost of living. It is categorized by zones and skill levels:

Zone I: Municipal Corporation areas.
Zone II: Municipal Council and Cantonment Board areas.
Zone III: Rural areas.
Unskilled Workers: Jobs requiring no formal training.
Semi-skilled Workers: Jobs requiring some level of training or experience.
Skilled Workers: Jobs requiring specialized training and expertise.

Key Highlights of Maharashtra Minimum Wages 2025 Update

Increase in Minimum Wages: The revision brings a 5-7% increase across all categories.
Employer Compliance Requirement: Employers must ensure payroll updates and maintain records for audits.
Enhanced Employee Benefits: The revised wages improve financial security for workers.
Legal Consequences of Non-Compliance: Employers failing to comply may face penalties under Section 22 of the Minimum Wages Act.
Applicability: These wages apply to all businesses covered under Maharashtra Labour Laws.

Employer Compliance Checklist

✔ Update Payroll Systems to reflect the new wage structure. ✔ Issue Updated Payslips to employees. ✔ Ensure Compliance with PF & ESIC Regulations. ✔ Display Minimum Wage Notifications at workplaces. ✔ Maintain Updated Records for labour inspections.

📢 Stay Updated with Maharashtra Labour Law Updates

Get the latest updates on minimum wages, EPF, ESI, compliance regulations, and labour laws by subscribing to our blog. For expert assistance in payroll processing and statutory compliance, contact us today!

Conclusion

The latest Maharashtra Minimum Wages 2025 update is a crucial development for businesses and workers. Employers must implement the revised wages to ensure statutory compliance and avoid legal risks. The minimum wages in Maharashtra are designed to improve worker welfare while balancing industry growth.

For more updates on labour laws, EPF, ESI, and statutory compliance, stay tuned to our blog.

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Posted January 25th, 2025 by Prakash Consultancy Services & filed under Maternity Benefit Act.

The Madras High Court, in a historic world landmark judgment, has set a global precedent by ensuring fair and equitable access to maternity leave for women. This ruling, delivered on 24 January 2025, confirms that maternity leave cannot be denied for a third pregnancy if it is claimed for the first time. Justice R. Vijayakumar’s decision highlights the importance of interpreting Maternity Leave Rules in a compassionate and purposeful manner, setting an example for women’s rights worldwide.

Case Background: A Fight for Maternity Leave Rights

The case involved Kohila, a staff nurse at Government Rajaji Hospital, Madurai. Kohila had two children during her first marriage but did not claim maternity leave as she was employed on a contractual basis. After her divorce and remarriage, she conceived again and applied for maternity leave as a permanent employee. Her request was denied based on Rule 101(a) of the Tamil Nadu Fundamental Rules, which limits maternity leave to women with less than two surviving children.

Key Observations by the Court

Justice R. Vijayakumar made the following significant observations in this global milestone case:

Purposive Interpretation of Maternity Leave Rules
- The court emphasised that maternity leave rules must be interpreted to ensure fairness. A woman’s right to maternity leave cannot be denied for a third pregnancy if she is claiming it for the first time.
- The rule’s intent—to promote population control, protect women’s health, and manage financial constraints—must not restrict an individual’s rights unfairly.
No Financial Strain on the State
- The court clarified that granting maternity leave to Kohila, who had never claimed it before, does not burden the State exchequer. Instead, it aligns with the principles of equitable treatment.
Harsh Administrative Actions Criticised
- Referring Kohila to a medical board and deeming her fit to work just five days before her delivery was deemed unreasonable. The court criticised such actions as harsh and insensitive.

Court’s Final Ruling

The Madras High Court ruled in favour of Kohila and set aside the orders denying her leave. The authorities were directed to grant her maternity leave within 12 weeks based on her application. The judgment also underscored the importance of fair treatment in similar cases worldwide.

Why This Judgment is a World Landmark

This ruling goes beyond the confines of Tamil Nadu or India, setting a global precedent for:

Women’s Employment Rights
- It reaffirms the need for gender-sensitive workplace policies that respect women’s reproductive rights and employment benefits.
Global Equity Standards
- By allowing maternity leave for a third pregnancy on first claim, the judgment provides a model for other governments and organisations to follow.
Compassionate Governance
- The court’s approach demonstrates the importance of empathy and fairness in interpreting laws affecting vulnerable groups.

Lessons for Policymakers and Employers

This judgment offers critical lessons for employers and governments worldwide:

Adopt a Fair Approach
- Policies must be implemented with fairness, avoiding rigid interpretations that harm individual rights.
Support Women’s Health and Rights
- Maternity leave provisions should ensure that women are supported in balancing professional and personal responsibilities.
Global Benchmarks for Governance
- The Madras High Court’s ruling provides a roadmap for framing and interpreting maternity leave policies in line with international best practices.

Conclusion

The Madras High Court’s 2025 judgment marks a world landmark moment in maternity leave rights. By ensuring that maternity leave is accessible to women even for a third pregnancy claimed for the first time, the court has upheld principles of fairness, compassion, and equity. This decision not only sets a strong precedent for India but also offers global inspiration for advancing women’s rights in the workplace.

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Posted January 24th, 2025 by Prakash Consultancy Services & filed under Provident Fund - (Notification -Circulars), Provident Fund -Forms, Provident fund -News.

The EPFO invites you to the Nidhi Aapke Nikat 2.0 Camp—a one-stop platform for employees, employers, and pensioners to resolve queries and access personalised assistance.

✅ Key Benefits:

👨‍💼For Employees: Quick solutions for PF, UAN, withdrawals, and KYC updates.

🏢 For Employers: Guidance on compliance procedures and grievance resolution.

👴 For Pensioners: Special Pension Help Desk for PPO, arrears, and life certificate submission.

📆 Date: 27th January 2025

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🤝 Why Attend? Interact directly with EPFO officials, gain clarity on schemes, and resolve issues instantly! Spread the word and make the most of this opportunity!

💼✨ #NidhiAapkeNikat #EPFO #EmployeeWelfare #PensionHelp #GrievanceResolution

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Posted January 9th, 2025 by Prakash Consultancy Services & filed under Delhi Election.

As the General Election to the Legislative Assembly of NCT of Delhi approaches, it’s crucial for employers and employees to stay informed about their rights and responsibilities. Mark your calendars for 5th February 2025 (Wednesday)—a day dedicated to democracy and your right to vote!

🔍 What Does the Law Say?

The Election Commission of India (ECI), under Section 135B of the Representation of the People Act, 1951, mandates that all employers provide a paid holiday to their employees on the day of polling. This directive ensures that every eligible voter has the opportunity to participate in shaping the future of the state.

✅ Who Is Covered?

The paid holiday applies to employees working in:

Factories 🏭
Shops and commercial establishments 🏢
Private offices and institutions 👩‍💻👨‍💼

Note: Exceptions may apply to essential services, but arrangements must be made to allow employees to vote.

📋 Employer Responsibilities

Employers are required to:

Grant a Paid Holiday: Ensure employees are not penalized for taking time off to vote. 💰
Public Notification: Notify employees about the holiday at least three days before the poll date. 🗓️
Compliance with the Law: Non-compliance may attract legal penalties. ⚖️

🌟 Why Voting Matters?

Voting is not just a right but a responsibility. By casting your vote, you contribute to the democratic process and help shape policies that impact your life and the future of the state. A high voter turnout strengthens democracy and ensures fair representation.

📣 How Employers Can Spread Awareness

To ensure compliance and encourage participation, employers can:

Publish Public Notices in their workplace.
Share information through emails or internal communications. 📧
Display notices on their websites and social media channels. 🌐

🔔 Important Dates to Remember

Polling Day: 5th February 2025 (Wednesday)
Deadline for Notification: At least 3 days before polling day.

🌐 Stay Informed

For updates, visit the Labour Department’s website or check announcements in leading newspapers. Ensure your workplace complies with the directive and empowers employees to fulfill their democratic duty.

📢 Key Takeaway

Employers, ensure a paid holiday for your employees on polling day. Employees, take this opportunity to cast your vote and make your voice heard. Together, let’s contribute to a stronger, more inclusive democracy.

🗳️ #DelhiElections2025 | #RightToVote | #PaidHoliday | #ElectionDay | #EmployeeRights

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