The Bombay Chambers of Commerce at its board meeting has appointed Anjali Bansal as president for the 2021-22.
The Bombay Chambers of Commerce at its board meeting has appointed Anjali Bansal as president for the 2021-22.
In exercise of the powers, conferred under Section 10(2)(1) of the Disaster Management Act 2005, the Ministry of Home Affairs has issued an order dated 28th August 2021 directing that order dated 29th June, 2021, that the containment measures for COVID-19, as conveyed vide Ministry of Health & Family Welfare (MoHFW) DO No. Z.28015/85/2021-DM Cell dated 28th June 2021, will remain in force upto 30th September, 2021.
After Considering it’s earlier decisions on the subject, the Hon’ble Supreme Court, in the case of summarised the law on change of date of birth as under:
(i) application for change of date of birth can only be as per the relevant provisions/regulations applicable;
(ii) even if there is cogent evidence, the same cannot be claimed as a matter of right;
(iii) application can be rejected on the ground of delay and latches also more particularly when it is made at the fag end of service and/or when the employee is about to retire on attaining the age of superannuation.
Copy of the judgement
In exercise of the powers conferred upon sub-section (1) of Section 97 of the Employees’ State Insurance Act 1948 (34 of 1948), the Employees’ State Insurance Corporation, has notified ESIC COVID-19 RELIEF SCHEME under Section 19 of the Act as a welfare measure for the Insured Persons who are employees under Section 2(9) of the ESI Act under which in case of death of IP due to COVID-19, the eligible dependant family members of IP will be paid periodic payments directly to their bank accounts.
In order to enable citizens to travel in suburban trains, BMC has notified Offline Verification Procedure for Covid-19 Vaccination & issuing Railway Monthly Pass starting from 11th August 2021 from 7 am at suburban railway stations.
• Citizens who have completed 14 days after Covid second dose, are required to carry a hard copy of Covid-19 Vaccination Final Certificate and a Photo ID for verification.
• Those eligible after verification will be allowed to travel from 15th 2021 August onwards.
• A total of 358 Help desks to be set up at 53 railway stations in Mumbai Municipal Corporation area.
• Help desks to be opened at 109 stations across the Mumbai Metropolitan Region.
• Help desks will be operational in two consecutive sessions from 7 am to 11 pm.
• Citizens can approach the stations nearest to their house for verification.
• Citizens are requested not to crowd unnecessarily.
• Strict legal action will be taken if fake / bogus certificates are found
In ESIC v Texamo Industries, the Hon’ble Supreme Court of India has held that conveyance allowance paid to employees would not be a wage aa defined under Section 2(22) of the ESIC Act.
The Apex court however added a Caveat that If an employee does not have to incur any expenditure on travel, in that case conveyance allowance would be a wage.
“23. Conveyance Allowance may or may not be payable to every employee. For that matter, House Rent Allowance may also not be paid to all employees. It is immaterial whether an allowance is paid regularly or intermittently depending on exigencies. It is the nature and purpose of the allowance which is relevant.
24. House Rent Allowance cannot possibly be equated to Conveyance Allowance, since House Rent Allowance is not necessarily connected with the employment of an employee. Irrespective of whether a person is employed or not and irrespective of the nature of his employment, he needs shelter.
25. Conveyance Allowance, on the other hand, compensates expenses that might be incurred by an employee for reporting to his usual place of work or to any other place of work, where he may have to report. If an employer were to provide the employee with accommodation within walking distance from his place of work and that employee were not required to go to any other place in connection with his duties under his contract of employment, the employee may not have to incur any expenditure in connection with his employment. In such a case, Conveyance Allowance would be redundant and might be construed as part of allowance consisting wages. In this case, it is not the case of the Corporation that the employees concerned did not need to avail any conveyance expenditure to report for duty to their place of work, or otherwise in connection with their duties under their contracts of employment. Nor is there any such finding. We see no reason why Conveyance Allowance should not be excluded from the definition of wages. ”
Copy of the judgement is attached
The Ministry of Home Affairs, Government of India, has issued an order dated 28th July 2021, extending its earlier orders dated 29th June, 2021 on Covid Containment measures till 31.8.21.
In the case of Shabbir Hussain v State of Madhya Pradesh, the Hon’ble Supreme court held that in order to bring a case within the provison of Section 306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission of suicide must have played an active role by an act of instigating or by doing a certain act to facilitate the commission of suicide. Mere harassment without any positive action on the part of the accused proximate to the time of occurrence which led to the suicide would not amount to an offence under Section 306 IPC
Copy of the judgment is attached
In the case of Birbal v State of Chattisgarh the Supreme Court of India stated that “It is well established that in cases like the present one, the name of the victim is not to be mentioned in any proceeding. We are of the view that all the subordinate courts shall be careful in future while dealing with such cases.”
Copy of the order
In a Suo Motu Writ Petition, the Hon’ble Supreme Court has issued a slew of directions to the States/UTs to ameliorate the hardships faced by the migrant/unorganised workers. In so far as the Inter-State Migrant Workers Act is concerned, the Hon’ble Supreme Court observed as follows:
“46………A legislation which has been enacted by the Parliament as a welfare measure for the migrant workers needs to be strictly implemented. The affidavits filed on behalf of different States and Union Territories does not give any facts and figures pertaining to implementation of the Act. Non Implementation of the Act adversely affects the rights of migrant workers. We, thus, are of the view that a direction needs to be issued to the States/Union Territories to register all establishments and license all contractors under the Act and ensure that statutory duty imposed on the contractors to give particulars of the migrant workers is fully complied with. The competent authority while registering the establishments and granting license to the contractors may also impose conditions pertaining service condition, journey allowance and other facilities as set out in Chapter V of the Act. ”
Members are requested to make note of the above and other directions issued by the Hon’ble Supreme Court of India and ensure that the Contractors engaged by them and who have employed Inter-State Migrant Workers comply with the provisions of the Inter State Migrant Workers Act, 1979.
Copy of the judgment
It is a long established fact that a reader will be distracted by the readable content of a page when lookin