The Kerala High Court recently repeated that women-employees are permitted to maternity leave, regardless of whether their employment is contractual or full-time.
Payment of Wages (Amendment) Act, 2017 to enable the employers to pay wages to their employees by (a) cash or (b) cheque or (c) crediting to their bank account. The amendment in the Act also enables the appropriate Government to specify the industrial or other establishments, by notification in the Official Gazette, which shall pay to every person employed in such industrial or other establishments, the wages only by cheque or by crediting in his bank account.
The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952, namely:
2) In the Employees’ Provident Funds Scheme, 1952, after paragraph 68H, the following shall be inserted, namely:-
“68HH. Non-refundable advance to a member in case of continuous unemployment for not less than one month. The Commissioner or, where so authorised by the Commissioner, any other officer subordinate to him, may permit a member, on ceasing to be an employee in any factory or establishment to which the Act applies, a non-refundable
advance up to seventy-five percent of the amount standing to his credit in the Fund, if he has not been employed in any factory or other establishments for a continuous period of not less than one month immediately preceding the date on which he makes an application for such non-refundable advance.”.
No reinstatement to a casual employee who worked only for one year. Supreme Court. 1285
Transfer of complainant under POSH Act justified to protect her from harassment. P&H HC 1286
Workers of contractor can also raise industrial dispute for their regularization. Cal. HC 1291
Extended maternity benefits not available after completion of contractual employment. Del. HC 1293
Retired employee is not a ‘workman’ under Industrial Disputes Act. Karn. HC 1294
Denial to refer a dispute of contractors’ workers not proper since the government cannot adjudicate. Cal. HC 1291
Last drawn wages appropriate when employer failed to prove gainful employment of workman. Supreme Court 1285
An employee can seek relief only in the prescribed forum. P&H HC 1288
High Court not to interfere with reasoned order by Employees Insurance Court. Karn. HC 1296
Compensation in lieu of reinstatement appropriate a casual workman who worked for short period. Supreme Court 1285
An employee, having resigned voluntarily, cannot later on contend illegal termination. Mad. HC 1301
Last drawn wages during pendency of proceedings in High Court to those who prove their unemployment. Mad. HC 1301
Levy of damages for delayed deposit without hearing the employer is liable to be quashed. Cal. HC 1306
Seeking a remedy by way of writ petition in respect of matter pending before EPFA Tribunal is not maintainable. Del. HC 1331
Documents not produced before EPF Authority or High Court, not admissible in review application. Pat. HC 1328
EPF Authority can make recovery of dues in the absence of stay. Cal. HC 1309
Writ Court may also grant relief to a party who failed in respect of pre-deposit, despite bona fide efforts. Del. HC 1329
In the absence of speaking order for levy of damages, High Court directed for re-examination with reasons. Cal. HC 1306
An employer cannot withhold EPF contributions since damages would be attracted. Cal. HC 1308
Writ petition without exhausting alternate remedy of statutory appeal against the order of the EPF Authority is not maintainable. Cal. HC 1309
Compliance of section 7-O of Act cannot automatically amount to restraint on EPF Authority for recovery of dues. Cal. HC 1309
Insisting the natural guardian for production of guardianship certificate for disbursing EPF dues, is not proper. Mad. HC 1322
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