MoJo - An Initiative By karma

Highlight

1.Counter and Counter Attacks by Indian Tech Workers to Regain Lost Ground Despite Setbacks and Struggles!

International News

1.Lower Court Erred?While Canada’s Ontario Court Of Appeal (OCA) Sets Aside The Order?In Wrongful Dismissal Action?For Failure To Mitigate!

2.Banning Goods Made With Forced Labour,?At Border Itself?Seems More Advisable Than Banning After Entering Eu Market !

3.Transparency To Clear?Wrongful Perceptions Creeping?Into New York City Pay?Along With Labour Certifications For Foreign National Employees

4.United States Department of Labour Unveils New Proposed Rule Making It Difficult for Workers to Be Classified as Independent Contractors

National news:

1.Supreme Court upheld the validity of the 103rd Constitutional Amendment which provides 10% reservation for the Economically Weaker Sections (EWS) among forward castes in government jobs and colleges across India.

2.Does Marriage Mean Free Labour from Women as They Become the Seat of a Grinding Stone in A Typical Indian Village Household

3.IT/ITeS employees Union NITES accuses Amazon of violating India’s labour laws and writes to Labour Ministry

Judgments

• Dismissal after long absenteeism due to sickness is justified if a workman is unfit to perform duties.

Shila Devi Wife of Late Rama Prasad Gupta & Ors. vs. M/s. Bata India Limited & Ors., 2020 LLR 994 (Patna. HC)

• Any order of the EPF Authority for imposing penalties without analysing facts is not sustainable.

Employees’ Provident Fund Organisation vs. M/s. Thengakkal Estate Pvt. Ltd and Another, 2022 LLR 1272 (Kerala HC)

• Conveyance allowance' is not part of 'wages'.

Talema Electronic India Pvt. Ltd. 2022 LLR 952 (Supreme Court of India).

Blog

EPF contributions are payable by the principal employer, employees of contractors without a Code number.

Sarabahi Institute of Science & Technology Uriakode, Vellanad vs The Assistant Provident Fund Commissioner, EPFO (2022 LLR 1276) (Kerala HC)

EPF Authority assessed EPF dues Section 7A and directed the petitioner to remit the same. The Petitioner is a self-financing Engineering College that had received a summons under Section 7A by the EPF Authority alleging non-enrollment of 26 employees, 8 canteen employees, and 8 drivers. The petitioner challenged the order of EPF Authority in an appeal which was dismissed. Hence the petitioner filed writ petition challenging orders of the Tribunal as well as of EPF Authority.

After hearing both sides, the Kerala HC held that there is no force and merit in the submissions of petitioner since they have not submitted any evidence with regard to employees engaged through contractors. The HC further stated that it is settled law that if a contractor is not registered under the Employees Provident Fund Act, EPF contributions are to be paid by the principal employer, as per the provisions of section 2(f) of the EPF & MP Act, 1952. The Principal employer is liable to pay EPF contributions unless it has proved that it does not have effective appropriate control over the payment of salary and other benefits payable to employees and since the principal employer failed to place documents on record to prove so, the present writ petition was dismissed.

Read the judgment here https://karmamgmt.com/blog/principal-employer-is-liable-for-pf-of-contractors-in-some-cases/

Did you know

The Maternity Benefit (Amendment) Act, 2017, makes it mandatory for an employer having 50 or more employees to set-up a Creche facility.

Must Read

1.The Supreme Court's announcement On the Employees' Pension (Amendment) Scheme, 2014

2.Conciliation Is an Opportunity for Opening of a Window Before Closing of the Final Doors in Relation to Industrial Disputes

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