The Delhi high court on Monday clarified that employers can’t recover the wages already paid as per the revised
wages scheme of the Delhi government since March 2017.
A bench of acting Chief Justice Gita Mittal and Justice C Hari Shankar issued the latest directions, saying an
important implication of its August 4 judgment escaped their attention.
“We are of the view that wages dispersed shall not be recoverable from employees to whom it has been already
paid,” it said, elaborating on its August 4 verdict where the court had quashed the Delhi government’s March 2017
order revising the minimum wages for all classes of workmen in scheduled employment.
In order to make sure safe workplaces for Women in the private sector, the Ministry of Women and Child had
requested Minister for Corporate Affairs to mandate the disclosure about the implementation of the Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act in the Directors Report of
Notification dated 31.07.2018, the Ministry of Corporate Affairs has amended the Companies (Accounts) Rules,
2014, issued under Section - 134 of the Companies Act, by inserting clause(X) as follows:
“A statement that the Company has complied with provisions on the constitution of the Internal Complaints
Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,
Following a sharp decline in employment of women in the workforce, the Labour Ministry plans to extend the
Pradhan Mantri Rojgar Protsahan Yojana (PMRPY) for women to 5 years, instead of the current 3 years, to urge
employers to hire more women.
Small and medium enterprises, as well as micro-businesses, would be incentivized to hire more women as the
government would pay the employer’s contribution of 12 per cent towards the employees’ pension and provident
fund for five years for fresh talent who join the workforce.
It’s yet another move towards ease of doing business; the Ministry of Labour & Employment has
launched an Online Registration and Licensing process. The Ministry has informed this through its circular
dated August 7, 2018 and has informed all Principal Employers/Contractors to apply for Registration/Licenses
for the above-mentioned Acts through the Shram Suvidha Portal.
Employers and contractors will get digitized licenses and registration certificates under the following
With the digital India tone set by the present government, the Regulatory Authorities are keeping pace with the
The ESI Authority asked the principal employer to pay ESI contributions in respect of workers employed through
contractors. The principal employer stated that certain job work was given to contractors and it had no control or
supervision over the employees of contractors and not liable to be the employer of such employees and pay ESI
The ESI Authority determined the money under Section 45A of the Employees State Insurance Act and directed to
the principal employer to pay the same. The Principal employer challenged the order of the ESI Authority in
appeal which was allowed. The ESI Corporation challenged the order of the El Court in High Court.
The Judge of the High Court observed that officers of the principal employer were not empowered to take
disciplinary action against erring employees of independent contractors. Thus, the employees of independent
contractors could not be the employees of the principal employer. Employees' State Insurance Corporation Vs.
India Pistons Repco Limited, 2014 LLR 536 (Mad. HC)
A resignation can be withdrawn before its acceptance. Karn. HC 1010
Labour Laws are for the welfare of workers and to keep up peace and harmony. Karn. HC 957
Termination not justified when an enquiry is held to be unfair. All. HC 977
Resignation can’t be accepted before one month in absence of notice period. Karn. HC 1010
Abnormal delay in raising industrial dispute won’t justify reinstatement with back wages. All. HC 975
Failing to reply show cause notice despite its receipt can’t be inferred denial of opportunity. Mad. HC 935
Reinstatement not proper on a failure of the workman to join duty despite offer. P&H HC 950
Enquiry is not imperative in the prolonged and unauthorized absence of a worker. Bom. HC 933
No accident compensation in absence of an employer-employee relationship. Mad. HC 982
Factors for levy of damages pertain to willful default and financial crises etc. Bom. HC 1022
List of employees duly signed by a responsible officer cannot be rebutted while challenging coverage. P&H HC 1040
Forum for challenging order of EPF authority is only filing of appeal before Tribunal. Mad. HC 1034
Writ petition is tenable when EPF Tribunal is not functioning. Mad. HC 1033
Damages not mandatory but the employer has to pay for delayed remittance to make sure regularity in deposits. Bom. HC 1020
Appeal not writ petition tenable while challenging order under section 7A of the Act. Mad. HC 1031
Coverage of an establishment justified when above 20 employees were employed. P&H HC 1040
Declared sickness of a unit is a factor for reduction of damages Bom. HC 1022
Coverage of establishment is to be decided on factual material. Jhar. HC 1041
Every default by the employer does not prove the levy of damages mechanically. Bom. HC 1022
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