Lawyers, Attorneys, Advocates, Vakils, Senior Counsels & Legal Consultants in Chennai | Labour law

Labour lawyers in Chennai for disputes related to Employment

Rajendra Law offfice is firstly the best attorneys firm for Labour law litigation services in Chennai.

General:
1.       A Parliamentary panel has found that Employees’ State Insurance Corporation is flushed with funds but health facilities provided by it are deteriorating.

2.      The Union Labour Minister Shri. Bandaru Dattatreya has announced that the Government is actively considering to extent ESI Medical Facility to all E.P.F Pensioners also.

3.      In line with the recommendations of the 2nd National Commission on Labour, Ministry of Labour and Employment has taken steps for simplification, amalgamation and rationalization of   Central Labour Laws  and replacing them with 4 Labour Codes  viz. Code on Wages, Code on Industrial Relations, Code on Social Security & Welfare, and Code on occupational Safety, Health & Working Conditions.  Out of this Code on Wages, Code on Industrial Relations,  are under consideration of the Government at present.

4.      ESI  Corporation plans to change due date of deposit of Contribution by 15th of every Month.

5.      E.S.I Corporation has come out with mobile enabled video consultation service by the name of ‘ Paramarsh’ for ESI beneficiaries.

6.      A Parliamentary panel has recommended amendment in the EPF Scheme to include unemployment  insurance  and Gratuity benefits.

EMPLOYEES’  PROVIDENT FUNDS ATTORNEYS

IMPORTANT  DECISIONS in Fact :

1.      EMPLOYEES’  PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952:

(a)     Applicability of the E.P.F & M.P  Act without knowing the actual number of employees – not sustainable.. (EPFAT)
(b)     An establishment not notified by the Government under the EPF & MP Act,1952  is not coverable. (EPFAT)
(c)     Without giving proper notice of enquiry to employer, an ex-parte order passed by the EPF Authority under Section 7A of the Act – not sustainable. (EPFAT)
(d)     An order passed only on the basis of the report of the Enforcement Officer  – not sustainable. (EPFAT)
(e)     Liability of EPF dues is upon Registered contractor and not upon Principal employer. (EPFAT)
(f)     Without identification of beneficiaries  assessment of EPF dues – not sustainable. (EPFAT)
(g)     Issue of bifurcation of wages – completely out of purview of EPF authorities. (EPFAT)

(h)     Meanwhile, Commissioner/ assessing authority under Section 7A of the EPF & MP Act,1952 is having same power as a Court under Civil Procedure Code. (EPFAT)

(i)     At this point, Deposit of EPF dues after initiation of proceedings  for violation under Section 14  of the EPF & MP Act,1952 , cannot by itself, in law, stand in the way of Prosecution (Kerala High Court)

(j)     Above all, Married daughter is not entitled to claim a share from the PF accumulation of her deceased father.(Bombay High Court)
(k)     Moreover, An order passed on the basis of Squad Report by the EPF Authority, if not rebutted by documentary evidence by the employer  before the EPF Authority , would stand having no infirmity (Delhi High Court)

Advocates for Factory Act

(l)

2.      FACTORIES ACT,1948.

As per provisions of Factories Act,1948 for coverage of an establishment under the Act, it must be specified in first Schedule of the Act. (Madras High Court)

3.      WORK MEN COMPENSATION ACT,1923.

By and large, Expression “Act of God” signifies the operation of natural forces free  from human intervention, such as lightening, storms etc,.(Gauhati High Court)

4.      INDUSTRIAL DISPUTES ACT,1947.

(a)      Closure of an establishment/undertaking  due to unavoidable circumstances  beyond the control of the employer,  the compensation shall not exceed average pay for 3 months. (Uttaranchal High Court)
(b)     A claim which needs evidence of the parties  cannot be entertained under Section 33c(2) of the I.D Act.
(c)     Claims for entitlement of disputed bonus and leave encashment under Section 33C(2) of the I.D Act is not maintainable. (Rajasthan High Court)

5.      EMPLOYEES’ STATE INSURANCE ACT,1948:

(a)     A small restaurant preserving ice cream, cold drinks and food stuff with the aid of deep freezer is not covered under provisions of Factories Act, 1948 or under Section 2(12) of the ESI Act,1948. (Gujarat High Court)
(b)     Unaided Educational institutions are covered by the definition of ‘establishment’ for coverage under ESI Act. (Madhya Pradesh High Court)

6.      MINIMUM WAGES ACT, 1948

(a)     Minimum wages are not merely for the bare subsistence of life but also for preservation of efficiency of worker, some measure of education, medical, amenities for himself and his family. (Bombay High Court)
(b)     Where the employer is paying a total sum which is higher than minimum rates of wages fixed under the Act including the cost of living index (VDA), claim demanding VDA or such other benefit separately, is not sustainable (Bombay High Court)

7.      PAYMENT OF GRATUITY ACT,1972:

Attendance Bonus or bonus is not ‘wages’ under section 2(a)   of the Payment of Gratuity Act, 1972 for the purpose of calculation of gratuity under the Act.(Chattisgarh High Court) in any case.

8.      PAYMENT OF BONUS ACT:

All in all, An employer is obliged to pay Bonus to its employees within eight months   from the date  of close of every accounting year. (Patna High Court)

9.        GENERAL :
(a)  By the way, Punishment of dismissal from service on account of unauthorized repeated absenteeism, violating the Standing Orders , creating difficulties for the Management in functional administration and discipline is justified. (Kerala High Court).

(b)  Registered Union of  contract workers but not recognized by the Management would not be having any relationship or employer-employee . (Madras High Court)

(c)  Most of all, If the appropriate Government has issued notification prohibiting employment of contract  labour and the principal employer intends to employ regular workmen, he shall give preference to the erstwhile contract labour, if otherwise found suitable and if necessary, by relaxing the conditions. (Orissa High Court)