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Showing posts from August, 2021

Overview of Industrial Relations Code, 2020

What is IR Code: To consolidate and amend laws relating to Trade Unions, conditions of employment in Industrial Establishments or undertakings, Investigation and settlement of Industrial Disputes and connected matters. Acts to be repealed: Trade Unions Act, Industrial Employment Standing Orders) Act, & the Industrial Disputes Act Ministry looks to implement all 4 codes in one go Object : to achieve Industrial peace & harmony,  progress of industry and cordial relationship between the employer and the employees Salient Provisions: Bipartite Forums:  Constitution of Works Committee & Grievance Redressal Committee Registrar of Trade Unions, criteria, constitution and procedure Standing Orders:  Applicability, Model Standing Orders, and procedure Notice of Change – Power to exempt.. Voluntary reference of disputes to arbitration Mechanism for Resolution of Industrial disputes Strikes & Lock-outs, Lay-off, Retrenchment & Closure Worker Reskilling fund Prohibition

Definition of Wages, under the ESI Act –Supreme Court reaffirms that the definition of ‘wages’ as defined in Section 2(22) of the ESI Act, would include Conveyance Allowance-

  IN THE SUPREME COURT OF INDIA  CIVIL APPELLATE JURISDICTION  Special Leave Petition (C.) No.811/2021  The Employees State Insurance Corporation ...Petitioner (s)  Versus M/s Texmo Industries …Respondent (s)  O R D E R 1. This Special Leave Petition is against a judgment and order dated 8 th October 2020 passed by the High Court of Judicature at Madras, dismissing the appeal being C.M.A. No.1527 filed by the Employees State Insurance Corporation, hereinafter referred to as the ‘Petitioner Corporation’, under Section 82(2) of the Employees State Insurance Act, and affirming the order dated 31st July 2020 passed by the Employees State Insurance Court, Coimbatore allowing E.S.I.O.P No. 1/2016 filed by the Respondent Company under Section 5 of the Employee State Insurance Act, 1948 (for short, ‘ESI Act’).  2. The Respondent Company manufactures different kinds of agricultural pumps and other products and has ten branches in 1 Coimbatore, Tamil Nadu. The ESI Act is applicable to the fact