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Judgments on Demand
@ Rs.125 per judgment
 
That a US court has ruled that the Indian maid who accused her former employers, an IFS officer and her husband, of “slavery” be awarded $1.5 million in compensation.
That the West Bengal state government has started despatching showcause notices to around 68,000 state government employees who did not come to their office on February 28, the day of the general strike.
That an inmate serving life imprisonment in Tihar Jail at Delhi has sought bail from the Delhi High Court in order to join a company that has offered him job for Rs.5 lakh.
That the Indian software industry created 2,80,000 jobs over the last 15 years in the US, and paid $15 billion to its treasury.
That Tech Mahindra Ltd. and Satyam Computer Services Ltd., which are in the process of a merger, aim to hire upto 10,000 staff for the combined entity in 2012-13.
That Manoj Gaur, Executive Chairman & Managing Director of Jaiprakash Associates Ltd. who started his career in 1985 on a salary of Rs.2,750 a month has drawn his annual compensation at Rs.22.9 crores.
That MBA, PhD, B.Ed. M.Ed, LLB are queuing up to enroll themselves at employment exchanges across the state of receive the Samajwadi Party's dole of Rs.1,000, as promised in its election manifesto, to the unemployed youth.
That it has taken 30 years for a former Food Corporation of India employee to win a legal battle over withholding of his two pay hikes by the PSU on charges of indiscipline.
That PepsiCo Inc. Chief Executive Indira Nooyi had total compensation worth $17.1 million last year, up six per cent from 2010, even as the food and drink company failed to meet its key internal performance targets.
That although there will be no hike in wages, but Infosys will hire 35,000 this fiscal.
 
 
 
 
 

Labour Law Reporter contains judgments with head notes, important points on the law relating to Factories, Labour, Workmen's Compensation, Industrial Disputes, Employees' Insurance, Payment of Wages, Bonus, Gratuity, Provident Funds Acts besides informative articles and solutions to labour problems, as regular features.

Here comes the need for subscribing to Labour Law Reporter

  REGULAR FEATURES :

Besides all important cases of Supreme Court and High Court with important points at a glance, Labour Law Reporter contains -

  • Model Letters of Appointment for different jobs, Agreements, Service Rules, Obligations of Employers, Office Orders, Notices, Charge-sheets, Warnings, besides returns under ESI Act, EPF & MP Act, Contract Labour (R&A) Act, Payment of Wages Act, Gratuity Act and Workmen's Compensation Act, Etc.
  • Solutions to ESI, Provident Funds and Factories Act related problems.
  • Informative articles and current labour scenario.
  • Practical aspects pertaining to Human Resources Development.
  • Latest amendments & notifications pertaining to Labour Laws.
Important Judgements A Complete Multi Faceted Journal
  • Confirmation of a probationer only by a written order. Supreme Court 514
  • In absence of express order, no deemed confirmation of a probationer.
    Supreme Court 514
  • Holding of enquiry not necessary for terminating services of the person who fraudulently obtained job. Del. HC 460
  • Religious or spiritual activity of an establishment will not be 'industry'.
    Del. HC 520
  • An engineering graduate, working as a Scientist, is not a ‘workman'.
    Del. HC 463
 
  • Current Labour Scenario
  • HR Scenario
  • Case Study
  • Forms & Precedents
  • Labour Related Problems & Their Solutions
  • Factories Act Related Problems and Their Solutions
  • Employees’ Provident Fund/Pension related Problems & Their Solutions
  • ESI PF Updates
  • HR Workplace Solutions
 

COMPLIANCES BY EMPLOYERS
FOR MAY 2012
STATUE (Central)
COMPLIANCE
LAST DATE
Employees’ Provident Funds & Misc. Provisions Act, 1952 Remittance of contributions
15th May.
Return of employees, qualifying for EPF & aggregate of contributions
25th May
Employees’ State Insurance Act, 1948 Deposit of ESI contribution
21st May
Quadruplicate alongwith challans half yearly return
12th May
Latest News on Labour Laws

Revised Minimum Rates of Wages in Delhi w.e.f. 1.4.2012

Category
Monthly
Unskilled 7020
Semi-skilled 7748
Skilled 8528
Matriculate but not graduate 8528
Graduate and above 9282

Revised Minimum Rates of Wages in State of Punjab w.e.f. 1.3.2012

Category Monthly

Daily

Unskilled 4268.00

164.06

Semi-Skilled Upper 4613.00

177.34

Semi-Skilled Lower 4454.00

171.18

Skilled Upper 4997.00

192.06

Skilled Lower 4710.00

181.02

Highly Skilled Upper 5443.00

209.18

Highly Skilled Lower 5253.00

201.90

Clerk, Time Keeper, Salesman, Conductor, Storekeeper etc 4772.00

183.42

Accountant / Graduate Clerk, Asstt. Supervisor, Car Driver, Cashier, Muneem, Stenotypist, Ugrahia 4966.00 190.86
Truck/Tempo/Bus Driver/Supervisor/Stenographer 5443.00 209.18

EPF interest rate slashed to 8.25%

HARYANA HIKES MINIMUM WAGES w.e.f. 01.01.2012

Category w.e.f. 01.01.2012 monthly / daily
Unskilled 4847.17 / 186.42
Semi-Skilled A 4977.17 / 191.42
Semi-Skilled B 5107.17 / 196.42
Skilled A 5237.17 / 201.42
Skilled B 5367.17 / 206.42
Highly Skilled 5497.17 / 211.42

Revised Minimum Rates of Wages in Maharashtra from 1.1.2012 to 30.6.2012.

EPF Tribunal waives 75% pre-deposit condition for admitting an appeal by an employer.

Excluded employees - can't be covered : EPF Appellate Tribunal

Both transferor and transferee are liable for damages : EPF Appellate Tribunal

Coverage under section 1(3)(b) but notice under section 1(3)(a) to be quashed : EPF Appellate Tribunal

Levying damage ignoring excess payment - not proper : EPF Appellate Tribunal

Covering voluntary - without application - unsustainable : EPF Appellate Tribunal

Claim for pension fund untenable in the absence of disposal of plea for exemption : EPF Appellate Tribunal

Coverage sans detail of employees quashed : EPF Appellate Tribunal

Allowances forming part of minimum wages can be split for EPF contribution : EPF Appellate Tribunal

Rs.141 increase in minimum wages in Haryana w.e.f. 1st July, 2011.

REVISED MINIMUM RATES OF WAGES IN MAHARASHTRA

Revised Minimm Wages in Delhi w.e.f. 1.4.2011

  Unskilled Semi-skilled Skilled
01-02-2011 6084 6734 7410
01-04-2011 6422 7098 7826
  Non-matriculate Matriculate but not graduate Graduate and above
01-02-2011 6734 7410 8060
01-04-2011 7098 7826 8502

EPFO APPOINTS STANCHART AS CUSTODIAN OF SECURITIES

P&H High Court dismisses appeal of EPFO challenging splitting of Minimum Wages.

CBI registers a case against the then Additional Central Provident Fund Commissioner and eight officers of EPFO

EPFO appoints fund managers for its Rs.3.5 lakh crore corpus

Revised Minimum Rates of Wages in State of Punjab w.e.f 1.3.2011

Category
Monthly
Daily
Unskilled
3842.00
147.73
Semi-Skilled Upper
4187.00
161.01
Semi-Skilled Lower
4028.00
154.85
Skilled Upper
4571.00
175.73
Skilled Lower
4284.00
161.69
Highly Skilled Upper
5017.00
192.85
Highly Skilled Lower
4827.00
185.57
Clerk, Time Keeper, Salesman, Conductor, Storekeeper, etc.
4346.00
167.09
Accountant / Graduate Clerk, Asstt. Supervisor, Car Driver, Cashier, Muneem, Stenotypist, Ugrahia
4540.00
174.53
Truck / Tempo / Bus Driver / Supervisor, Stenographer
5017.00
192.85

Schools & Hospitals in Delhi also Covered under ESI Act.

Revised Minimum Rates of Wages in Delhi w.e.f 1.2.2011

Unskilled Semi-skilled Skilled
6084 6734 7410
Non-Matriculate Matriculate but not graduate Graduate and above
6734 7410 8060

Banks to pay State Governments’ minimum wages : Bombay High Court

Minimum Rates of Wages in Various States

STATE
UNSKILLED
SEMI-SKILLED
SKILLED
REMARKS
ANDHRA PRADESH
5464
5989
6461
Wef 01.10.10-31.03.11
ASSAM
2115
2250
2416
 
BIHAR
2964
3068
3770
Wef 01.04.10
CHANDIGARH
4602
4752
5052
Wef 01.10.10
CHHATISGARH
151.03
158.03
168.03
Wef 01.10.10-31.03.11
DAMAN DIEU
132.60
142/60
149.60
Wef 01.10.10-31.03.11
DELHI
6084
6734
7410
Wef 01.02.11
(to be notified shortly)
For Clarical & Supervisory Staff
Non-marticulates
Matriculated but not graduates
Graduate and above
6743
7410
8060
GOA
3852
3978
4186
Wef May 10
GUJRAT
4267
4345
4501
Wef 01-10-10
HARYANA
4503
4632
4893
Wef 01-01-11
HIMACHAL PRADESH
3300
3600
4158
Wef 01-02-10*
JAMMU & KASHMIR
110
150
200
Wef 01-10-2009
JHARKHAND
2246*
2301*
3761
Wef 01-04-2010
KARNATAKA
3546
3599
3690
Upto 31-03-2011
KERALA
3878
3955
4105
Updated from Sept. 2010
MAHARASHTRA
5491
5891
6291
Wef 01.01.11 & 5% HRA**
MANIPUR
1883
2019
2065
 
MEGHALAYA
100
120
140
Wef 24-08-09
MADHYA PRADESH
3995
4125
4275
Wef 01-04-10
NAGALAND
80
90
110
Per Day
ORISSA
2405
2743
3081
Wef 01-07-09
PONDICHERRY
1450
1550
1830
 
PUNJAB
3692
4037
4421
Wef 01-09-10
RAJASTHAN
3510
3770
4030
Wef 01-03-08
SIKKIM
85
Per Day
SILVASSA
136.60
143.10
149.60
Wef 01-10-2010
TAMIL NADU
2865
2938
3803
Upto 01-04-09
TRIPURA
2500
2743
3067
 
UTTAR PRADESH
3950
4503
4998
Wef 01-10-10
UTTARAKHAND
3233
3533
3878
 
WEST BENGAL
4218
4640
5105
Wef 01-08-10
         
* For 30 Days                         ** Over 50 Employees

Minimum Rates of Wages in Haryana w.e.f. 01.01.2011

Category Monthly Per Day
Unskilled 4502.98 173.19
Semi Skilled (A) 4632.98 178.19
semi Skilled (B) 4762.98 183.19
Skilled (A) 4892.98 188.19
Skilled (B) 5022.98 193.19
Highly Skilled 5152.98 198.19

Once the Employees' Provident Funds applies, it will continue for ever.
P.F Tribunal

Personal property of a Director can’t be attached for ESI dues. Mad. High Court

Prosecution of a Courier Company not being a factory is to be quashed. Mad. High Court

Allowances, even forming part of minimum wages, will not attract provident fund contributions. P&H High Court

MAHARASHTRA MW 01.01.11 TO 30.06.11

Provident Fund contributions not attracted on allowances even when part of minimum wages.

MINIMUM WAGES IN HIMACHAL PRADSH

MINIMUM WAGES IN RAJASTHAN

Pay wages by cheque - Haryana Govt. instructs Employer

India to beat China in 2011 hiring

No relationship of employer and employees when the latter as engaged through contractor was not being paid his wages by principal employer and also was no control and supervision : Supreme Court.

Employees’ Provident Fund contributions only on Bonus and D.A. : EPF Tribunal

Coolies/Hamalies not employees to be covered under Employees’ Provident Fund Act.

Karigar charges not wages to attract Provident Fund contribution.

Consultants, when working from home, not employees for coverage under Employees’ Provident Fund Act.

Clubbing for more than one establishments for coverage under Employees’ Provident Fund is not legal : P.F. Tribunal.

Disgrunttled staff beat up HR official to death at Ghaziabad.

Industrial Disputes Act amended after 26 years.  Workmen can approach directly to Labour Court .  An employer employing 20 or more persons to have Grievance Redressal Committee.

Haryana Revises Minimum Wages - Haryana Govt. has increased the minimum wages of over 11 Lakh workers in the state.

Revised Rates of Wages w.e.f. 1.7.2010
Category Monthly Per Day
Unskilled 4328.21 167.23
Semi Skilled (A) 4478.21 172.23
semi Skilled (B) 4608.21 177.23
Skilled (A) 4738.21 182.23
Skilled (B) 4868.21 187.23
Highly Skilled 4998.21 192.23

Revised Minimum Rates of Wages in Maharashtra for the period (01.07.2010 to 31.12.2010)

ESI ceiling enhanced to Rs.15,000/-.

REVISED MINIMUM RATES OF WAGES IN DELHI W.E.F. 1.2.2010

 
Earlier
Addition
Now
% Change
Daily Rate
Unskilled
3953
1319
5272
33
203
Semi Skilled
4119
1731
5850
42
225
Skilled
4377
2071
6448
47
248
Non Matriculate
4146
1704
5850
41
225
Matriculate
4401
2047
6448
47
248
Graduates
4713
2307
7020
49
270

Revised Rates of Minimum Wages in Haryana w.e.f. 1.1.2010

Category of Workers
Minimum Rates of Monthly Wages
Minimum Rates of Daily Wages
Un-skilled
4214.00
162.00
Semi-Skilled - Grade A
4344.00
167.00
Semi-Skilled - Grade B
4414.00
170.00
Skilled - Grade A
4604.00
177.00
Skilled - Grade B
4734.00
182.00
Highly Skilled
4864.00
187.00

Gratuity cap may be raised to Rupees Ten Lakhs even before the Budget.

Delhi High Court restrains striking staff of Batra Hospital to demonstrate 100 meters away

Rs. 15,000 from Rs. 6,500 salary cap proposed for coverage under Provident Fund.

Registration under Shops and Establishment Acts restarted in Delhi.

EPFO proposes Salary Cap  Rise To Rs.10000

The Government of NCT of Delhi has amended Minimum Rates of Wages effective from 01-08-2009:-

Category
Rates As On 01.02.2008
(Rupees)
Dearness Allowances
w.e.f. 01.08.2009
(Rupees)
Rates From
01.08.2009
Per-Month
Per-Day
Un-skilled
3934.00
19.00
3953.00
152.00
Semi-Skilled
4100.00
19.00
4119.00
158.00
Skilled
4358.00
19.00
4377.00
168.00
Non-Matriculates
4127.00
19.00
4146.00
159.00
Matriculates But Not Graduates
4382.00
19.00
4401.00
169.00
Graduates and Above
4694.00
19.00
4713.00
181.00

Revised Minimum Rates of Wages in the State of Haryana w.e.f. July 2009
Category           Monthly Wages         Daily Wages
Unskilled -          Rs. 3913.93/-            Rs. 150.53
Semi-Skilled A    Rs. 4043.93/-            Rs. 155.53
Semi-Skilled B    Rs. 4173.93/-            Rs. 160.53
Skilled A             Rs. 4303.93/-            Rs. 165.53
Skilled B -           Rs. 4433.93/-            Rs. 170.53
Highly Skilled    
Rs. 4563.93/-            Rs. 175.53

No Union has any right to host flag on employers premises:Kerala HC

Wages - even when minimum can be split into HRA for Provident Fund Contributions: EPF Tribunal

Delhi High Court restrains agitating staff from staging demonstration etc. within 50 meters of Venu Eye Institute.

Revised Minimum Rates of Wages in Punjab w.e.f. 1.3.2009
Unskilled - Rs. 3302.00/-
Semi-Skilled (I&B) i.e. Upper- Rs. 3647.00/-
Semi-Skilled (II&A) i.e. Lower- Rs. 3488.00/-
Skilled (I&B) i.e. Upper- Rs. 4031.00/-
Skilled (II&A) i.e. Lower- Rs. 3744.00/-
Highly Skilled (I) i.e. Upper- Rs. 4477.00/-
Highly Skilled (II) i.e. Lower- Rs. 4287.00/-
Office Staff-
     a) Clerk, Timekeeper, Salesman, Conductor,
         Store Keeper etc.                                                              - Rs. 3806.00/-
     b) Accountant, Graduate Clerk, Assistant
         Supervisor, Car Driver, Cashier, Muneem,
         Steno Typist, Ugrahia -
                                                    -  Rs. 4000.00/-
     c) Truck/Bus/Tempo Driver, Supervisor, Stenographer    
- Rs. 4477.00/-

Get provident fund dues in one week from November

Private Educational Institutes and Nursing Homes/Hospitals in Haryana are covered under ESI Act.

Loaders,Unloaders,Door Delivery Boys not coverable under Employees Provident Funds Act.

Revised Minimum Rates of Wages in state of Haryana revised w.e.f. January, 2009
Unskilled - Rs. 3840.01/-
Semi-Skilled A- Rs. 3970.01/-
Semi-Skilled B- Rs. 4100.01/-
Skilled A- Rs. 4230.01/-
Skilled B- Rs. 4360.01/-
Highly Skilled - Rs. 4490.01/-

The Indian Labour Conference has recommended to review Contract Labour (Regulation & Abolition) Act, 1970.

22-25% hike in salaries in the public sector banks.

Hindustan Motors workers opt pay-cut to save job.

Housewives in Kerala - to form union for payable house work.

Healthcare management will need over seven lakh professionals by 2012.

Pilots to sue Kingfisher Airlines for salary cuts.

10 overweight air-hostesses sacked by AI. Airline justifies decision citing rules prescribed in the employment contract . All terminated hostesses were serving on domestic routes.

Over 40 lakh PF subscribers likely to lose tax exemption.

A Director/Manager of a company without administrative powers will be a workman under Industrial Disputes Act. Bombay H.C 

Contract Labour likely to get payment by cheque soon.

Gratuity ceiling proposed to be enhanced from Rs.3.5.Lakhs to Rs.10.Lakhs.

Government Mandates EPF for Foreign Workers.

After 19 yrs, man gets job back, with benefits.

Employees Provident Fund Appellate Tribunal to function from Scope Minar, Laxami Nagar,Delhi,with effect from 15-9-08

Three more banks with nation wide branches to collect Provident Fund contributions.

Staff cannot be demoted with transfer:Delhi High Court

No leniency for employee for getting jobs by using forged caste certificates:Supreme Court

Three private companies i.e HSBC,ICICI Prudential and Reliance Capital (along with SBI),allowed to manage Provident Fund. 56 year monopoly of SBI as the only fund manager comes to an end.

Provident Funds Act to apply on establishments employing 10 or more employees

Minimum Rates of Wages in state of Rajasthan revised w.e.f. 1.3.2008
Unskilled - Rs. 2600.00/-
Semi-Skilled - Rs. 2782.00/-
Skilled - Rs. 2990.00/-

Minimum Rates of Wages is state of Haryana revised w.e.f. 1.1.2008
Unskilled - Rs. 3586.00/-
Semi-Skilled - (a) Rs. 3176.00/-     (b) Rs. 3846.00/-
Skilled - (a) Rs. 3976.00/-      (b) Rs. 4106.00/-
Highly-Skilled - Rs. 4236.00/-

Minimum Wages in Himachal Pradesh are revised on 28-5-2008 from Rs.75 to Rs. 100 for unskilled, Rs. 110 for semi skilled and Rs. 126 for skilled categories of workers, with retrospective date 1-1-2008.

Employees Provident Funds Act once applicable to an establishment, would continue to apply even when the number of persons falls below the prescribe limit : Kerala High Court

Sexual harrasment amounts misconduct outside workplace also :Delhi High Court

Employees Provident Fund may cover all employees and be extended to establishments employing ten or more persons.

Raid conducted on Hiranandani Construction Premises in Mumbai for evading tax to the tune of Rs.168 crores in Employees Provident Funds

Canteen workers through contractor entitled to absorption when employer is under statutory obligation to provide a canteen and also, the contractor was only a name lender. S.C

Acceptance of resignation after its withdrawal by the employee will not be legal.

No compensation payable when deceased workman died more than 1 km. away from the work-place.

Flat rate of 25% damages for late deposit of provident funds contributions, when less than 6 months is not legal.

Oberoi Hotel employee gets compensation instead of Reinstatement for allegdly stealing 30 soup spoons.

A teacher who assaults the principal is a "goonda" and has no place in employment : SC

Factories Act to be Extended on Hotels

Government directed Gurgoan Malls to observe close day on Tuesday

Shed Flab or face action : Airline tells Airhostesses

Leave Encashment not included in wages for Provident Fund Calculation : SC

Revised Rates of Minimum Wages in Delhi - 3rd March, 2008

Strike in hospitals deserves severest action; 6 months rigorous imprisonment to 11 hospital employees for rioting strikers


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