Bombay High Court Grants Compensation To BATA Salesmen Fired For Opposing Showrooms Opening 7 Days A Week With Extended Hours.

Posted by & filed under High Court Judgements.

அதிக வேலை நேரத்தை எதிர்த்ததால் டிஸ்மிஸ்.. கறார் காட்டிய பாட்டாவுக்கு பெரும் அபராதம்.. ஹைகோர்ட் | Court orders compensation of Rs 33 lakh to sacked workers by Bata - Tamil ...

  • This legal case involves a group of seven former salesmen employed by Bata India Ltd, a footwear manufacturing company. In 2007, the company modified its operating hours for showrooms in Mumbai, Thane, and Pune, requiring them to be open seven days a week with extended hours. Some salespersons opposed the altered working hours and lack of a designated weekly holiday, resulting in their termination by Bata.
  • The terminated salesmen filed complaints under Section 28(1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act 1971 (MRTU & PULP Act) before the Labour Court. The Labour Court ruled in favor of the salesmen, considering them ‘workmen’ under the Industrial Disputes Act, and awarded reinstatement with 50 percent back wages. The industrial court upheld this decision.
  • Bata challenged the decision, arguing that the salesmen were not workmen and, therefore, the Labour Court had no jurisdiction over the dispute. The primary contention was that the salesmen were ‘sales promotion employees’ and did not fit the definition of ‘workman’ involving manual, unskilled, skilled, technical, operational, or clerical work.
  • The Bombay High Court rejected Bata’s argument, considering the various duties and responsibilities outlined in the standing orders and regulations formulated by Bata. The court concluded that the multifaceted duties, including customer service, cash handling, administrative tasks, and quality control, indicated that the salesmen could be considered ‘workmen’ under the provisions of the Industrial Disputes Act.
  • The court found that Bata had terminated the salesmen without conducting any inquiry into the alleged misconduct, deeming the terminations illegal. While the court refused to reinstate the salesmen after 16 years, it awarded compensation ranging from 19.5 lakhs to 33 lakhs to each affected salesman, representing approximately 75 percent of their back wages for the last 16 years.
  • In summary, the Bombay High Court upheld the salesmen’s status as workmen, declared their terminations illegal, and ordered Bata to pay compensation to each affected salesman within four months, along with 8 percent per annum interest if not provided within the stipulated period.
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Punjab & Haryana High Court Declares 75% Domicile Quota For Haryana Locals In Private Sector As Unconstitutional

Posted by & filed under Punjab& Haryana High Court.

High Court Declares 75 percent Reservation For Haryana Locals In Private Sector As Unconstitutional

Punjab & Haryana High Court Declares 75% Domicile Quota For Haryana Locals In Private Sector As Unconstitutional

1. Introduction of the Act (Haryana State Employment of Local Candidates Act, 2020):

  • The Act was introduced in the Haryana State Assembly in 2020.
  • The background of the Act was stated as the influx of a large number of migrants competing for low-paid jobs, impacting local infrastructure and housing, leading to slums and environmental and health issues.
  • The Act aimed to give preference to local candidates in low-paid jobs for social, economic, and environmental reasons.

2. Legal Challenge:

  • Several petitions were filed challenging the constitutionality of the Act.
  • One of the petitioners, Faridabad Industries Association, argued that the Act represented an unprecedented intrusion by the government into the fundamental rights of private employers under Article 19 of the Constitution.
  • The petitioner contended that the restrictions imposed by the Act were arbitrary, capricious, excessive, and uncalled for.

3. Constitutional Concerns Raised by Petitioners:

  • The Act was argued to be contrary to the principles of justice, equality, liberty, and fraternity laid down in the Preamble of the Constitution.
  • It was also contended that the Act violated the right to equality enshrined in Article 14 and Article 19 of the Constitution.
  • The petitioners claimed that the Act posed a serious threat to the unity and integrity of the country by creating a wedge between persons domiciled in different states.

4. Proceedings in the High Court:

  • The High Court considered four key issues:
    • Whether the Writ Petitions are maintainable.
    • Whether the State has legislative competence to pass the Impugned Act.
    • Whether the State can implement reservation policy in the private sphere.
    • Whether the Act amounts to a reasonable restriction.
  • All four issues were decided in favor of the petitioners.

5. High Court’s Decision:

  • The High Court, through a bench consisting of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan, declared the Haryana State Employment of Local Candidates Act, 2020, as unconstitutional and violative of Part III of the Constitution.
  • The Act was set aside, meaning it was rendered ineffective.

6. Stay Order and Supreme Court’s Involvement:

  • Earlier, the High Court had stayed the operation of the Act in 2022.
  • The Supreme Court, on appeal by the High Court, lifted the stay and requested an expeditious decision on the matter.
  • Private employers were protected from coercive action under the legislation until the final outcome of the case.

7. Legal Representation:

  • Various advocates and senior advocates represented the petitioners and the state of Haryana during the proceedings.

8. Final Verdict:

  • The High Court’s final verdict was in favor of the petitioners, striking down the domicile reservation in the private sector jobs in Haryana.

The case title is “IMT Industrial Association and another v. State of Haryana and connected cases.” The judgment is detailed and would provide a comprehensive understanding of the court’s reasoning in this matter.

 

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Key amendments introduced by the Ministry of Finance through the Public Provident Fund (Amendment) Scheme, 2023

Posted by & filed under Public Provident Fund.

Public Provident Fund: PPF Eligibility, Benefits, Features & more

An official government notification (G.S.R. 831(E)) outlining an amendment to the Public Provident Fund (PPF) Scheme, 2019. Let’s break down the key points:

Legal Authority:

The changes are made under the authority granted by section 3A of the Government Savings Promotion Act, 1873 (Act number 5 of 1873).

Specific Amendment:

The focus of the amendment is on paragraph 13 of the Public Provident Fund Scheme, 2019.The change occurs in the second proviso of paragraph 13.The words “or the date of extension of the account” are being replaced with “or from the date of commencement of the current block period of five years.”

The Central Government is introducing a scheme to further amend the existing Public Provident Fund Scheme, 2019.The amended scheme is named the “Public Provident Fund (Amendment) Scheme, 2023.”

Effective Date:

The amendment comes into force on the date it is officially published in the Official Gazette

Specific Amendment:

The focus of the amendment is on paragraph 13 of the Public Provident Fund Scheme, 2019.The change occurs in the second proviso of paragraph 13.The words “or the date of extension of the account” are being replaced with “or from the date of commencement of the current block period of five years.”

Simplified Summary:

The government, utilizing its authority under the Government Savings Promotion Act, 1873, has introduced an amendment to the Public Provident Fund Scheme, 2019. This amendment is part of the “Public Provident Fund (Amendment) Scheme, 2023,” effective from the date of its official publication in the Official Gazette.

The specific change involves adjusting the language in paragraph 13 of the PPF Scheme, particularly in the second proviso. Instead of referring to the date of extending the account, the amendment now considers the date of commencement of the current block period of five years. This change is designed to provide more clarity in the rules governing the extension of PPF accounts.

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Loading And Unloading Workers Are Employees Under MV Act And Entitled To Compensation For Accidents Under Employees Compensation Act: Kerala High Court

Posted by & filed under Employee Compensation.

Loading and Unloading Workers Recognized as Employees Under MV Act: Kerala HC - Law Insider India

Case Summary: Abdul Razaque O.V., a loading and unloading worker for a tipper lorry owned by United India Insurance Company Limited, suffered injuries when a coconut tree being loaded fell on him. Seeking compensation, he filed an application under the Employees Compensation Act, 1923.

Insurance Dispute: The insurance company, while admitting the policy, contested liability, asserting that the policy didn’t cover risks associated with loading and unloading workers in the tipper lorry. The Employees Compensation Commissioner awarded compensation, prompting the insurance company to appeal under Section 30 of the Act.

Legal Question Raised: The appeal raised a legal question – whether loading and unloading workers of a tipper lorry owner are covered under the Motor Vehicles Act, 1988, specifically under clause (c) of the first proviso to Section 147(1).

Legal Arguments:The insurance company argued that the policy didn’t cover the worker’s risk, as he wasn’t the driver, conductor, or cleaner.Abdul Razaque argued that clause (c) of Section 147(1) of the Motor Vehicles Act covered loading and unloading workers.

Court’s Analysis:

  1. The court considered precedents and the wording of the Motor Vehicles Act, emphasizing the importance of the loading and unloading process in the purpose of a goods carriage.

2. It rejected the insurer’s argument that the worker wasn’t traveling in the goods carriage, stating that loading and unloading are integral to a goods carriage’s purpose.

3. The court noted that the Employees Compensation Act is a welfare legislation aimed at compensating employees for work-related injuries.

Verdict: The court concluded that loading and unloading workers, including Abdul Razaque, fall under the coverage of clause (c) of the first proviso to Section 147(1) of the Motor Vehicles Act. Finding no irregularity in the Commissioner’s order, the court dismissed the appeal, affirming the entitlement of loading and unloading workers to compensation under the Employees Compensation Act.

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Surrogate mothers have right to maternity leave: Rajasthan High Court

Posted by & filed under Maternity Benefit Act.

Surrogate mothers have right to maternity leave: Rajasthan High Court

From the High Court of Judicature for Rajasthan, Bench at Jaipur, related to a civil writ petition (S.B. Civil Writ Petition No. 7853/2020). The petitioner, Smt. Chanda Keswani, is seeking maternity leave after having twins through the surrogacy process.

The key points highlighted in the order are:

Background and Quote: The document begins with a quote emphasizing the special bond between a mother and a child, highlighting the significance of motherhood in society.

Legal Issue: The main legal issue addressed in the petition is whether a distinction can be made by the State Government regarding maternity leave for a natural mother, a biological mother, and a mother who has obtained a child through surrogacy.

Factual Matrix: After the surrogacy process, the petitioner applied for maternity leave, but the State refused, stating that there is no provision for maternity leave for mothers who have children through surrogacy in the Rajasthan Service Rules, 1951.

Petitioner’s Arguments: The petitioner argues that with advancements in medical science and the recognition of surrogacy, the rules should be interpreted to include maternity leave for mothers who have children through surrogacy. The petitioner cites judgments from other High Courts in similar cases.

Respondent’s Arguments: The State argues that there is no provision in the Rules of 1951 for granting maternity leave to surrogate mothers, and, therefore, the petitioner is not entitled to it.

Legal Analysis: The court reviews Rule 103 of the Rules of 1951, which deals with maternity leave, and emphasizes the need for a broad and beneficial interpretation of maternity leave provisions.

Interpretation of Maternity Leave: The court discusses the concept of maternity leave and how it aims to protect the dignity of motherhood, considering the health of both the mother and the child.

Surrogacy Recognition: The court acknowledges the recognition of surrogacy in recent legislation, including the Surrogacy (Regulation) Act, 2021.

Judicial Precedents: The court refers to judgments from other High Courts (Delhi, Chhattisgarh, Bombay, and Himachal Pradesh) that granted maternity leave to commissioning mothers in surrogacy cases.

Conclusion: The court concludes that a female can become a mother through surrogacy, and she cannot be denied maternity leave. The court directs the respondents to grant maternity leave to the petitioner.

In essence, the court recognizes the evolving landscape of reproductive technology and surrogacy and interprets existing rules to ensure that commissioning mothers through surrogacy are entitled to maternity leave.

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When Can Gratuity Be Withheld From A Retired Employee? Supreme Court Explains

Posted by & filed under Grautity.

Background of the Case:

This judgment pertains to a case involving an individual named Jyotirmay Ray, who was working as a Senior Manager in the Punjab National Bank (referred to as the “Bank”). Ray was compulsorily retired by the Bank, citing irregularities related to loans and cash credit facilities provided under the Credit Guarantee Fund Trust Scheme for Micro & Small Enterprises (CGTMSE).

Chronology of Events:

The sequence of events in this case is crucial to understanding the context of the judgment:

On October 16, 2009, Jyotirmay Ray was charge-sheeted by the Bank.

On November 20, 2009, a supplementary charge-sheet was issued.

A departmental inquiry was conducted, and the inquiry report was submitted on January 11, 2010.

The disciplinary authority found Ray guilty and ordered his compulsory retirement on January 29, 2010.

Ray’s appeal against the penalty was dismissed on July 28, 2010.

While the writ petition was pending in the High Court, the Bank’s Board of Directors refused to release the employer’s contribution to the provident fund.

A Single Judge of the High Court partially allowed the writ petition, directing the Bank to release the employer’s contribution to the provident fund, gratuity, and leave encashment.

Key Issue:

The primary issue addressed in this judgment is whether the denial of the employer’s contribution to the provident fund and the non-payment of gratuity to Jyotirmay Ray, as directed by the impugned order, is justified.

Arguments Presented:

The arguments presented in this case are vital in understanding the legal points raised:Jyotirmay Ray’s counsel contended that the Bank failed to prove any loss caused by Ray’s actions. Moreover, it was argued that the Board of Directors passed a resolution without giving Ray an opportunity to respond to the allegations.The counsel also emphasized that the denial of gratuity affects an employee’s civil rights and cannot be directed without following the principles of natural justice.

Legal Analysis:

The judgment delves into the relevant rules and regulations governing the Bank’s provident fund and gratuity payments:It highlights Regulation 45(1) of the 1979 Regulations, which mandates every officer’s membership in the Provident Fund.The judgment discusses Rule 13 of the Provident Fund Trust Rules, which allows the Bank to recover losses from an officer’s contributions in cases of dishonest acts or misconduct.

Decision:

The crux of the judgment lies in the conclusions drawn by Justice J.K. Maheshwari:The judgment rules that the Board of Directors’ unilateral resolution, which alleged a loss of Rs. 77.59 lakhs due to Ray’s actions, could not be relied upon to deny the payment of the employer’s contribution to the provident fund. It pointed out that no quantification of the loss was provided in the charge-sheet or inquiry report, and an opportunity to be heard was not given before passing the resolution.Regarding gratuity, the judgment relies on the Gratuity Act and the Bank’s Circular No. 1563 to conclude that Ray was entitled to gratuity. It found that no valid reason for its forfeiture was established.

In summary, this detailed description of the legal judgment illustrates that the case revolved around the denial of certain benefits to an employee, Jyotirmay Ray, who was compulsorily retired by Punjab National Bank. The judgment meticulously analyzes the bank’s actions and regulations and ultimately rules in favor of the employee’s entitlement to the benefits in question, specifically the employer’s contribution to the provident fund and gratuity.

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Government of Andhra Pradesh declares a change in the holiday for the occasion of DEEPAVALI (Diwali) in the year 2023.

Posted by & filed under Andhra-Shop & Establishment.

Diwali Calendar 2023 - Deepavali 2023 Festival Dates

The document issued by the Government of Andhra Pradesh announces a change in the holiday date for the festival of DEEPAVALI (Diwali) in the year 2023. Originally, November 12, 2023, was designated as a holiday to celebrate DEEPAVALI. However, after careful consideration, the government has decided to shift the holiday to November 13, 2023, which falls on a Monday.

This change in the holiday schedule is a notable adjustment that affects government offices and institutions in Andhra Pradesh. The decision to modify the holiday date is officially documented, and the document is signed by Dr. K.S. JAWAHAR REDDY, who serves as the CHIEF SECRETARY TO GOVERNMENT in Andhra Pradesh.

The government’s decision aims to ensure that the holiday aligns more conveniently with the celebration of DEEPAVALI, allowing for a day off on the day the festival is traditionally observed.

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If life certificate is not submitted by pensioner, before stopping pension, it is the duty of bank to visit the house of pensioner and know the reason for it-Karnataka HC

Posted by & filed under EPS -Pension Judgement.

WP No. 405/23 karnataka HC | Useful judgement for all pensioners - YouTube

Facts of the Case:

The Petitioner’s Background: H. Nagabhushana Rao, the petitioner, was a 102-year-old individual at the time of the case. He had been receiving the Swatantra Sainik Samman Gaurava Dhana pension as a freedom fighter from the Government of India since 1974. This pension was granted to him by both the Central and State Governments.

Pension Disruption: The central issue of the case was that the petitioner’s pension was abruptly disrupted. The reason given for the discontinuation of his pension was his failure to submit his Life Certificate for the year 2017-2018.

Life Certificate Submission: The petitioner did eventually submit his Life Certificate, but it was submitted on December 24, 2018. After this submission, the government issued a sanction letter, releasing the pension from December 24, 2018, to October 5, 2020.

Unpaid Arrears: The crux of the matter was that the arrears of pension for the period from November 1, 2017, to December 24, 2018, were not paid to the petitioner, and this amounted to Rs. 3,71,280. Therefore, the petitioner approached the court seeking the release of these unpaid arrears.

Judgment Details:The judgment delivered by the Karnataka High Court, presided over by Honorable Justice M Nagaprasanna, contains several key points:

Pension as a Right, Not a Privilege: The court emphasized that pension is not merely a privilege but a fundamental right, particularly for elderly individuals. It recognized the essential purpose of pension programs, which is to provide support to individuals in their old age when they may be physically or mentally incapable of providing for themselves.

Responsibility of the Bank: The court criticized the bank for failing to collect the petitioner’s Life Certificate. It stressed that the bank should have visited the petitioner, a centenarian, to obtain the necessary documentation and ensure the timely release of his pension. The judgment highlighted that in some cases, the bank is obligated to take this step, especially when pensioners face genuine challenges due to their advanced age.

Obligation to Avoid Unnecessary Litigation: The court pointed out that the responsibility of the bank officers and relevant authorities is to adhere to guidelines and policies to prevent unnecessary litigation. The case had generated multiple litigations, which the court found avoidable if the bank had fulfilled its duties properly.

Respect for Age-Related Limitations: The court acknowledged that elderly pensioners like the petitioner may face difficulties related to their age, including physical and mental limitations. These limitations can make it challenging for them to meet administrative requirements, such as submitting a Life Certificate.

Protection of Pensioners’ Rights: The judgment underscored that the right to receive a pension should not be taken away lightly. Any actions affecting an individual’s pension rights must be in accordance with the law, and special consideration should be given to the unique circumstances and challenges faced by elderly pensioners.

In summary, the judgment in H. Nagabhushana Rao’s case serves as a reminder of the importance of recognizing pension as a fundamental right, especially for elderly individuals, and emphasizes the responsibility of banks and authorities to support pensioners and ensure that they receive their pensions in a timely and respectful manner, taking into account the challenges associated with old age.

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Govt. of Jharkhand revised minimum rates of wages for contract workers

Posted by & filed under Minimum Wages-Jharkhand.

The Government of Jharkhand on October 19, 2023, revised minimum rates of wages for contract workers.The following has been stated: –

Worker Categories: The notification would typically specify different categories of workers based on their skill levels. These categories often include skilled, semi-skilled, highly skilled, and unskilled workers.

Revised Wage Rates: The document would provide the revised minimum wage rates for each category of workers.

The rates are as follows:

Semi-skilled workers: Rs. 11,512.71

Highly skilled workers: Rs. 17,537.58

Unskilled workers: Rs. 10,992.45

Skilled workers: Rs. 15,305.52

Effective Date: The notification would specify the date from which these revised rates become applicable. In your information, it’s mentioned as October 01, 2023.

Legal Authority: The document should cite the relevant legal provisions or acts under which these changes are being made, ensuring that the revised rates comply with labor laws and regulations.

Compliance and Enforcement: The notification may also include information about how employers should comply with these revised rates, the consequences of non-compliance, and any mechanisms for dispute resolution.

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Grant Of Paid Holiday On Account Of Municipal ward Elections in certain districts of Haryana on 5th November 2023

Posted by & filed under Election Haryana.

SEC | Haryana:: Orders & Notifications

Notification on Holiday with Wages for Voting in Haryana Date of Notification: October 30, 2023

Date of Designated Holiday: November 5, 2023 (Sunday) Applicable Districts and Wards:

District Sohna:Ward No. 15 of Municipal Council, Sohna, District Gurugram.

District Narnaul:Ward No. 16 of Municipal Council, Narnaul,

District Mahendergarh.District Mahendergarh:Ward No. 01 of Municipal Council, Kaithal.

District Kaithal:Ward No. 05 of Municipal Committee, Rajound.Ward No. 01 of Municipal Council, Kaithal.

District Rewari:Ward No. 11 of Municipal Committee, Bawal, District Rewari.

Purpose: The notification has been issued to provide a “holiday with wages” to all workers and employees who are enrolled as voters in the specified wards of the mentioned districts. This special holiday is granted to enable these individuals to exercise their voting rights in the upcoming elections.

Eligible Workers and Employees: All workers and employees who are enrolled as voters in the specified wards are eligible to benefit from this designated holiday with wages.

Scope: The holiday with wages applies to all shops and commercial establishments within the State of Haryana that employ workers and employees from the mentioned wards.

Date of the Designated Holiday: The holiday with wages will be observed on November 5, 2023, which falls on a Sunday. This choice of day ensures that as many eligible voters as possible can participate in the democratic process without affecting their employment.

Rationale: The purpose of this notification is to encourage and facilitate the participation of eligible voters in the democratic process by ensuring they have the opportunity to cast their votes without any concerns about their work commitments.

Impact: By designating November 5, 2023, as a holiday with wages for these specific wards, the Government of Haryana is taking a step to support and promote democratic participation. Workers and employees in these areas will have the freedom to exercise their right to vote and make their voices heard in the upcoming elections without worrying about their work-related obligations.

The notification reflects the government’s commitment to ensuring that all eligible voters in these wards can play an active role in the electoral process, which is fundamental to a healthy democracy.

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