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Showing posts from 2012

Can a Guru can take place of God! Kerala MLA approaches Supreme Court

SC to examine whether Guru can take place of God 12/19/2012 19.12.2012 (UNI) The Supreme Court has decided to examine the issue whether the word 'God' can be replaced by 'Guru' by a person taking oath as an MLA or MP.  A bench comprising Justices R M Lodha and Anil R Dave has requested Attorney General G E Vahanvati, former Solicitor General Gopal Subramaniam and senior council M N Krishnamani to assist the court.  Mr Umesh Challiyil, while being sworn in as an MLA in Kerala assembly, took the oath in the name of Sree Narayana Guru, taking the stand that he considered Guru as god.  Under Article 188 of the Constitution of India an elective representative can take oath in the name of God or make a solemn affirmative statement to the effect as follows.  'I say in the name of God that I will bear true faith allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge th
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Industrial Relations FAQ - Ministry of Labour, Government of India

Industrial Relations – FAQs: Source: The Ministry of Labour, Government of India Industrial Relations- FAQs Q1. What are Industrial Disputes? Industrial Dispute means any dispute or differences between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or with the conditions of labour of any person Q2. What are the different categories of Industrial Disputes? The Second Schedule of the I.D. Act deals with matters within the jurisdiction of Labour Courts which fall under the category of Rights Disputes.  Such disputes are as follows: The propriety or legality of an order passed by an employer under the standing orders; The application and interpretation of standing orders which regulate conditions of employment. Discharge or dismissal of workmen including reinstatement of, or grant of relief to, workmen wrongfully dismissed; Wi
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What is a Non-cognizable (NC) Complaint!

Cognizable offence means an offence in which a police officer as in accordance with the First Schedule or under any other law for the time being in force can  arrest any person without warrant. e.g. the person involved in commission of offences like murder, attempt to commit suicide, preparation of cavity, robbery, attempt to commit robbery, extortion, house breaking (day and night), thefts, pick-pocketing, motor vehicles theft, chain snatching, hurt, riot, rape counterfeit currency kidnapping and abduction, molestation, assault on public servant, etc. Non-cognizable offence means an offence in which police officer cannot arrest a person without the proper orders from the Magistrate. The petty offence like abusing, argument between husband and wife, various types of other hot arguments between the member of public, etc.,falls under these category.Such type of complaints is the regular feature at the Police Station.The members of public expect help from the police in such cases.How
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ESIC benefits as enumerated by ESIwebsite

Benefits The section 46 of the Act envisages following six social security benefits :- (a)  Medical Benefit  : Full medical care is provided to an Insured person and his family members from the day he enters insurable employment. There is no ceiling on expenditure on the treatment of an Insured Person or his family member. Medical care is also provided to retired and permanently disabled insured persons and their spouses on payment of a token annual premium of Rs.120/- . System of Treatment Scale of Medical Benefit Benefits to Retired IPs Administration of Medical Benefit in a State Domiciliary treatment Specialist consultation In-Patient treatment Imaging Services Artificial Limbs & Aids Special Provisions Reimbursement (b)  Sickness Benefit(SB)  : Sickness Benefit in the form of cash compensation at the rate of 70 per cent of wages is payable to insured workers during the periods of certified sickness for a maximum of 91 days in a year. In order to qualify for
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HC slaps Rs.5 lakh costs against PF officials for harassing the employer.

In a recent Judgement nailing corruption, the Allahabad High Court has slapped a cost of Rs.5 lakhs against the Regional Provident Fund Authorities. While delivering this significant Judgement, Hon'ble Justice Mr Sudhir Agarwal  made clear that it would be open to the respondents to recover the amount of cost from the concerned officials who are responsible in prosecuting the above illegal and unauthorized proceedings after making such enquiry as provided in law. Reference LLR Nov 12
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BPO Hardware Sector to have Customized Standing Orders

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Payment of Wages Act 1936 - Ceiling for Applicablity enhanced to Rs.18,000 pm

NO. SO 2260(E), DATED 11-09-2012 SECTION 1(6) OF THE PAYMENT OF WAGES ACT, 1936 - WAGES PAYABLE TO AN EMPLOYED PERSON - SPECIFIED AMOUNT OF WAGES PAYABLE UNDER SECTION 1(6) NOTIFICATION NO. SO 2260(E), DATED 11-9-2012 In exercise of the powers conferred by sub-section (6) of section 1 of Payment of Wages Act, 1936 (4 of 1936), the Central Government, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organisation, hereby specifies  Rupees eighteen thousand per month as the wages under said sub-section (6).
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http://www.lawyerscollective.org/blog/sexual-harassment-women-workplace-bill-2012-passed-lok-sabha.html http://www.lawyerscollective.org/blog/sexual-harassment-women-workplace-bill-2012-passed-lok-sabha.html
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Call Centre Is an Establishment under the Shops & Establishments Act – Delhi High Court 2012

Mantec Consulant, Delhi challenged the proceedings initiated by the Labour Authorities under the Minimum Wages Act, on the grounds that the Company is neither notified as the Scheduled Employment nor notified under the Delhi Shops & Establishment. CRL. M.C. No. 2608/2010 and CRL. M.A. 13711/2010 (Stay), D/–11-4-2012 Judgment MUKTA GUPTA, J. —1. By the present petition, the Petitioner seeks setting aside of the order dated 28th July, 2010 passed by learned Metropolitan Magistrate summoning the Petitioner company for offence under Section 22 (A) of Minimum Wages Act (hereinafter referred to as ‘M.W. Act’) and quashing of the criminal complaint No. 15/10/MW titled as MW v. Mantec Consultant Pvt. Ltd. filed before the learned Metropolitan Magistrate. 2. Learned counsel for the Petitioner contends that the impugned order summoning the Petitioner company is bad in law. It is contended that provisions of Minimum Wages Act are not applicable to the Petitioner Company.
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Employer Should pay the wages by electronic credit

Employer Should  pay the wages by electronic credit Traditionally the workmen, especially the contract workmen are paid wages in cash and in fact the Contract Labour Regulation Act requires that t he Supervisor of the Principal Employer should be present to witness the payment of wages of the contract employees. This puts tremendous pressure and burden of liability on the Principal Employer and in the current scenario it is almost impracticable. While many industries obtain authorisation from their workmen for payment of wages by cheque/electronic credit, the States like Maharasthra have long back made necessary amendments to the Payment of Wages Act. Recently, (Feb 2012), the Kerala Government has also amended Section 6 of the Payment of Wages Act and issued direction to pay the wages only either by cheque or by crediting the amount in the bank account of the employees. Consequent to this amendment payment of salary by cash is withdrawn. The notification is appended
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An Act to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments. WHEREAS it is expedient to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments, residential hotels, restaurants, eating houses, theatres, other places of public amusement or entertainment and other establishments and for certain other purposes hereinafter specified. It is hereby enacted as follows:- CHAPTER  I Preliminary 1. Short title extent and operation. This  Act may be called the Bombay Shops and Establishments Act, 1948. [(2) It extends to the whole of the State of Maharashtra.] (3) It shall in the first instance come into force in the local areas specified in schedule I: ^Provided that, on the com
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