Professional Documents
Culture Documents
2015
PAGES
Hello Readers,
The Compliance Calendar for January includes
remittances for PF, ESI, Labour Welfare Fund and
CLRA.
In important judgements, the Honourable Punjab &
Haryana High Court has held that abandonment of
employment depends upon intention of a workman.
The Honourable Karnataka High Court has
pronounced thata more beneficial gratuity scheme,
over payment of gratuity act, is permissible. The
Honourable Uttarakhand High Court has opined that
back-wages should berightly denied in the absence
of proof for unemployment. The Honourable
Bombay High Court has pronounced that full back
wages on reinstatement should be paidwhen
workman proved unemployment during interregnum
and when termination of workman is not on technical
ground. The Honourable Bombay High Court has
ruled that ahospital engaged in welfare activities is
an 'industry under I.D. Act'.
In news to note, a separate bill to regulate small
factories is being drafted by labour ministry. The
employees' provident fund organization (EPFO) has
constituted a five member sub-committee on
construction workers. The EPF Appellate Tribunal
has held that bifurcation of minimum wages into
allowances is not illegal. Central Government has
released a notification for amendment in Apprentice
Act, 1961. ESIC has released booklets for employee
& employers online. The Bonus Act has got an
amendment. RBI has extended timing for RTGS
transactions till 8PM. The Labour Ministry has
prepared a mega housing scheme to offer affordable
houses to over 5 crore subscribers of retirement
fund body EPFO.
We hope you find the contents of this newsletter
relevant and useful. We welcome your suggestions
and inputs for enriching the content of this
newsletter. Please write to contactadp@adp.com
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Important Judgments
Abandonment of employment depends
upon intention of a workman
More beneficial gratuity scheme,
over payment of gratuity act,
is permissible
Back-wagesshould berightly denied in the
absence of proof for unemployment
Full back wages on reinstatement
should be paid when workman proved
unemployment during interregnum and
when termination of workman is not on
technical ground
A hospital engaged in welfare activities
is an 'industry under I.D. Act.
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News to note
Separate bill to regulate small factories
drafted by labour ministry
EPFO panel on Construction workers
Bifurcation of minimum wages
into allowances-not illegal
Central Government released notification
for amendment in Apprentice Act, 1961
ESIC releases booklets for
employee & employers on line,
through the below links
Bonus Act gets an amendment
RBI extends Timing for RTGS
Transactions till 8PM.
Labour Ministry prepares a mega
housing scheme to offer affordable
houses to over 5 crore subscribers of
retirement fund body EPFO
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PAGE 02
Activity
Due Date
Due Under
Mode
By Challan
15th Jan 15
Gujarat
Gujarat PT regulations
By Challan
20th Jan 15
Karnataka
Karnataka PT regulations
By Challan
21st Jan 15
West Bengal
West Bengal
PT regulations
By Challan
30th Jan 15
By Challan
20th Jan 15
Karnataka
Karnataka PT regulations
Online
Kerala
Kerala
State Labour Welfare Fund
By Challan
PF Central
15th Jan 15
Remittance of Contribution
By Challan
15th Jan 15
Statement in IW 1
ESI Central
21st Jan 15
Remittance of Contribution
(Main code and Sub Codes)
By Challan
PAGE 03
Activity
Due Date
Due Under
Mode
CLRA Central
31st Jan 15
CLRA, 1970
By Form XXV
By Form
ER-1 & ER-2
Factories Act
By Form 22
Return
By Form K
Return
By Form III
By Form IV,
VI & VII
Return
Return
By Form 2 &
Copy of Form 1
Particulars of contribution
By Form A
Return
By Form 2
PAGE 04
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If a workman states that he remained unemployed during pendency of the proceedings before the
labour court, the burden of proof to prove employment by the workman shifts upon the employer to rebut
the same.
Grant of full wages would be justified on reinstatement when the petitioner-workman has served the
workman concerned.
When there is denial of back-wages and the termination is held as illegal, the High Court, in writ petition,
makes no profit but hires the services of employees as in like business, but the goods and services,
which are the output of that institution, are made available at the low or no costs, to the indigent needy
who are priced out of the market.
If an institution is oriented on a humane mission, which is fulfilled by the men who work, not because
they are paid wages but because they share the passion for the cause and device job satisfaction from their
contribution, it may not be covered by the definition of 'industry' as observed in the case of Bangalore Water
Supply and Sewerage Board v Rajappa, 1978 LIC 467 (SC) by Justice Mr. Krishna Iyer.
The scope and parameters of the definition of State under the Article 12 of the Constitution of India and
Industry under section 2(j) of the Industrial Disputes Act, 1947 are completely different.
A hospital engaged in charitable activities is also an industry under section 2(j) of the Industrial Disputes
Act 1974.
PAGE 07
uploaded on the labour ministrys website for public comments till November 10, is likely to be introduced
in the winter session December-end the labour ministry said the draft was finalized after extensive
discussions by the working group constituted by it.
The draft denies a small factory as any premise wherein a manufacturing process is carried on and
which employs less than 40 workers and seeks to exempt employers from complying with 14 act.
(for complete bill visit: labourlawreporter.com)
The employers can register and even close down their factories by electronically notifying it to the
authorities concerned. While mandatory registration of a small factory is to be done within 60 days of its
commencement after paying the prescribed fees, in the case of closure, the owner/employer needs to
electronically notify this to the chief inspector within 15days of closing the factory. On 'Financial
inclusion'. The draft proposes that wages of over Rs. 1000 Shall be paid to the workers by depositing
them in the bank account of the workers, electronically. It shall be the responsible of the employer to get
a zero balance account opened. It adds.
On minimum wages, the draft mandates that no employer shall pay less than the fixed minimum wages,
but proposes no penalty for non-compliance, adding that any claim in this matter is to be decided by an
authority to be set up by the State Government. The draft includes proposals on child labour, health and
safety standards, maternity benefits, leave entitlement, bonus, and gratuity among other things. The bill
having 55 section also has provision regarding unfair labour practices, service conditions, adjudication
of disputes, etc.
PAGE 08
order dated 06.07.2011, passed by the EPF authority, under section 7A of the act, assessing P.F dues and
allied dues on allowances also which is illegal.
The EPF Appellate Tribunal observed that the employer has bifurcated the minimum wages into different
heads like basic wages, house rent allowance, conveyance allowance, etc. The employer has been paying
employees' contribution only on the basic wages as provided under the Employees' Provident Funds and
Miscellaneous Provident Act, 1952 excluding allowances. The EPF authority pleaded that PF dues can
never be calculated on wages lower than minimum wages. Accordingly, the EPF authority initiated
proceeding under section 7A of the act, taking into consideration the minimum wages under the minimum
wages act and directed the employer to pay the contribution so determined. The EPF appellate tribunal
opined that minimum wages has not been defined under the Employees' Provident Funds and
Miscellaneous Provident Act, 1952. Only basic wages is defined under the Act. EPF authority has no power
to hold whether minimum wages amount to basic wages or not. While interpreting a provision of any Act, the
court only has to interpret the law and cannot legislate it. If a provision of law is misused and subjected to
abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. There is
no compulsion to hold that the definition of basic wages should be equated to the definition of minimum
wages as defined under section 2(b) read along with section 6 of the Employees' Provident Funds and
Miscellaneous Provisions Act, 1952 and not on Minimum Wages Act. Hence, impugned order is set aside.
Appeal is allowed.
Apprenticeship Adviser, according to the guidelines issued from time to time by the Central Government in
this behalf, for the purpose of providing apprenticeship training to the apprentices under them.
Every employer shall make suitable arrangements in his workplace for imparting a course of practical
recognised by the National Council or any other institution affiliated to or recognised by a Board or State
Council of Technical Education or any other authority which the Central Government may, by notification in
the Official Gazette, specify in this behalf, shall, before admission in the workplace for practical training,
undergo a course of basic training and the course of basic training shall be given to the trade apprentices in
any institute having adequate facilities.
Every trade apprentice who has completed the period of training may appear for a test to be conducted by
the National Council or any other agency authorised by the Central Government to determine his
proficiency in the designated trade in which he has undergone apprenticeship training.
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returns in Form D on the web portal of the Ministry of Labour and Employment giving information as to
the particulars specified in respect of the preceding year, Provided that the annual returns shall be filed
within the time limit specified in section 19 of the Act.
Every employer on or before the 1st day of February in each year may file annual returns in the Form D to
the Inspector giving information as to the particulars specified in respect of the preceding year.
Provided that during inspection, the inspector shall require the production of the accounts, books,
register and other documents if the same are maintained in manual form or in electronic form, as the
case may be.
PAGE 10
construction firms like NBCC and authorities like DDA, PUDA, HUDA to build houses at a price to be
fixed by the government.
Labour Ministry is preparing a scheme under which affordable houses will be provided to the
Employees' Provident Fund Organisation (EPFO) subscribers, particularly those who are in the low
income bracket," a source in the ministry said.
In a recent note, the Prime Minister's Office had asked EPFO to promote affordable housing for its
generate a credit flow of Rs 70,000 crore and can create 3.5 lakh additional low-cost homes.The Labour
Ministry is keen on a scheme under which EPFO subscribers could withdraw their PF deposits to make
part-payment of the total cost of the house.
The Ministry also intends to provide subsidy to the EPFO subscribers in low-income bracket to help
the priority sector lending for construction of affordable houses under the scheme.
The scheme, however, will be optional for EPFO subscribers as there is no need to provide affordable
houses to those who already own one.
Under the housing scheme, there
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