Law Shastra

 1 Benefits of The Code On Social Security, 2020  The Code on Social Security, 2020 is a legislation having been passed by both the  Houses of Parliament, received the assent of President on 28th September, 2020 that  consolidates and amends 9 existing social security laws to extend benefits to all  workers, including those in the unorganized, organized, gig and platform  workers. It aims to provide comprehensive social security schemes for life and  disability insurance, health, and maternity benefits, and provident fund, while also  introducing digitized processes and inspector-cum-facilitator roles to improve  compliance and support for employers.   Pro Workers Provisions 1.Gratuity to Fixed term employees (Section 53): Normally Fixed Termed Employees (FTE) are engaged for a short period like one  year or two years or so. As a result, many of them cannot become eligible for gratuity for not fulfilling statutory five years continu...

Consequent upon the notification of the Labour Codes - specific provisions, mainly the definition of the "Wages" across all Codes, the impact on ESIC Compliance - Coverage  & Contributions would be as follows" As per section 2 (88) of Code on Social Security, 2020 (CoSS) “Wages” means all remuneration, by way of salaries, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, expressed or implied were fulfilled, be payable to a person employed in respect of his employment or work done in such employment and includes,- (a)                Basic pay; (b)                Dearness allowances; (c)                 Retaining allowances; if any, But does not include any other components which are listed in sub clause (a) to (k). (a) Any bonus payable under any law for time being in force (b) Th...

 2025 INSC 449 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). __________ OF 2025 (Arising out of SLP(C) No(s). 5918/2024) JOGESWAR SAHOO & ORS. ... APPELLANTS VERSUS THE DISTRICT JUDGE, CUTTACK & ORS. …RESPONDENTS J U D G M E N T PRASHANT KUMAR MISHRA, J. Leave granted. This appeal is directed against the final judgment and  order dated 09.11.2023 passed by the High Court of Orissa at  Cuttack in WP (C) No. 33482 of 2023 whereunder the High  Cout dismissed the appellants’ writ petition in which a  challenge was made to the orders dated 12.09.2023 and  08.09.2023 passed by the Special Judge, Special Court,  Cuttack and Registrar, Civil Courts, Cuttack, as the case may  be, directing recovery of Rs 26,034/-, Rs.40713/-, Rs. 26539/-,  Rs. 24683/- and Rs. 21,485/-. 3. At the relevant time, the appellants were working as  Stenographer Grade-I and Personal Assistant in the  establishment ...

There is quite a confusion between the terms FTE and FTC and many believe the the recent sweeping changes in the Labour Codes, conferring better social securities especially right to gratuity on completion of one year (instead of existing 5 years) and also proportionate eligibility. Hence this piece of article.  Gratuity for FTC  Prior to Labour Codes As per Payment of Gratuity Act, the eligibility criteria for all employees, including fixed term employees (FTC) was 5 years continuous service Labour Codes Implication (effective 21st November, 2025)  The Code of Social Security (CoSS) & Industrial Relations Code (IR Code) governs gratuity applicability for both FTEs and FTCs.     A. The Code on Social Security Section 2(34), while defining  fixed term employment, provides that a fixed term employee is eligible for all benefits, under any law for the time being in force, available to a permanent employee proportionately according to the period of ser...

  IN THE SUPREME COURT OF INDIA   CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO. OF 2025   (Arising out of Special Leave Petition (C) No. 17936 of 2025)   VANEETA PATNAIK NIRMAL KANTI CHAKRABARTI & ORS  O R D E R PANKAJ MITHAL, J. Leave granted Heard Ms. Meenakshi Arora, senior counsel and Ms. Madhavi Divan, senior counsel, appearing for the appellant and the respondent no.1 respectively. The appellant-Ms. Vaneeta Patnaik is a faculty member of the West Bengal National University of Juridical Sciences1, Kolkata. Dr. Nirmal Kanti Chakrabarti, respondent no.1 1Hereinafter referred to as “NUJS” or “University” 1 was appointed as a Vice Chancellor of NUJS on 03.07.2019 4. The appellant lodged a formal complaint on 26.12.2023 with the Local Complaint Committee2 alleging sexual harassment on part of respondent no.1. The LCC rejected the complaint as barred by time inasmuch as ...

 ITEM NO.54 COURT NO.3 SECTION PIL-W  S U P R E M E C O U R T O F I N D I A  RECORD OF PROCEEDINGS Writ Petition(s)(Civil) No(s). 1134/2025 NAVEEN PRAKASH NAUTIYAL Petitioner(s)  VERSUS UNION OF INDIA & ANR. Respondent(s) (FOR ADMISSION IA No. 326773/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 05-01-2026 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI  HON'BLE MR. JUSTICE ATUL S. CHANDURKAR For Petitioner(s) :Mr. Pranav Sachdeva, Adv.  Ms. Neha Rathi, AOR  Mr. Anurag Tiwary, Adv.  Ms. Somya Kumari, Adv.  Ms. Kajal Giri, Adv.  Mr. Vishal Sinha, Adv. For Respondent(s) : Mr. Harshit Manwani, Adv. Mr. Siddharth, AOR  UPON hearing the counsel the Court made the following  O R D E R 1. The petitioner has filed the present petition under Article 32 of the Constitution seeking following reliefs : “a. Issue a Writ in the nature of mandamus, or any other appropriate ...

  Year End Review 2025 – Ministry of Labour & Employment Government Makes Four Historic Labour Codes Effective from 21 November 2025 Launch of Pradhan Mantri Viksit Bharat Rozgar Yojana - ?99,446 Crore Incentive Package to Create 3.5 Crore Jobs Over 2 Years India Rises to Rank 2 Globally in Social Protection Coverage; Coverage Jumps to 64.3% EPFO Undertakes Major Digital Transformation – Auto-Settlement up to ?5 Lakh, Centralised Pension System, FAT-Enabled UAN Activation ESIC Expands National Footprint to 713 Districts; Beds Increase Three-Fold to 87,715 in FY 2024-25 9,785 Job Fairs and 1.58 Lakh Selections through National Career Service (NCS) Portal in 2025 e-Shram Crosses 31.42 Crore Worker Registrations; Platform Worker Module Launched with 14 Aggregators Onboarded Implementation of Labour Codes In a historic decision, the Government of India has implemented  four Labour Codes  - the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Se...