Post SC ruling in Texmo Industries case ESIC issues circular stating that conveyance allowance will not be a ‘wage’ under ESI Act.
Copy of the circular and the judgement is attached
Post SC ruling in Texmo Industries case ESIC issues circular stating that conveyance allowance will not be a ‘wage’ under ESI Act.
Copy of the circular and the judgement is attached
Prosecution under Minimum Wages Act not maintainable in the absence of specific assertions that the Director was in-charge of and responsible to the company
The Supreme Court also held that Directors it Officers cannot be prosecuted unless the Company is made a party to the Complaint.
Copy of the judgement
Section 9A of the ID Act shall be attracted if transfer would result in the change of service conditions and reduction of employees.
Rejecting the contention of the employer that transfer was a service condition, the Hon’ble Supreme Court held as follows:
“7.8 Now, so far as the submission on behalf of the appellant that so far as the transfer is concerned, it is part of the service conditions and therefore Section 9A shall not be applicable is concerned, the same has no substance. The question is not about the transfer only, the question is about the consequences of transfer. In the present case, the nature of work/service conditions would be changed and the consequences of transfer would result in the change of service conditions and the reduction of employees at Dewas factory, for which the Fourth Schedule and Section 9A shall be attracted. ”
Copy of the judgement
The Supreme Court held that there can be no quarrel with the proposition that in a contempt jurisdiction, the court will not travel beyond the original judgment and direction; neither would it be permissible for the court to issue any supplementary or incidental directions, which are not to be found in the original judgment.
Copy of the judgement
Civil court has no jurisdiction to entertain a claim based on the Industrial Disputes Act
Copy of the judgement is attached
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