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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

The claim in the Arbitration Petition relates to confidential information that the Petitioners say the 1st Respondent an erstwhile employee bound by an employment contract that had confidentiality, non-disclosure and non-compete provisions, set up a competiting business in the name of the 2nd Respondent. She is alleged to have provided the Petitioner’s confidential and proprietary information to her own company.

The Hon’ble High Court granted time limited interim relief to the Petitioner.

Eligibility conditions of the scheme are as under: –
a) The IP who died due to COVID-19 disease must have been registered on the ESIC online portal at least three months prior to the date of diagnosis of COVID-19 disease resulting in his/ her death.
b) The deceased IP must have been in employment on the date of diagnosis of COVID-19 disease and contributions for at least 70 days should have been paid or payable in respect of him/ her during a period of maximum one year immediately preceding the diagnosis of COVID-19 disease resulting in death.

The Supreme Court of India, in the case of Uttar Pradesh Power Transmission case, decided on 12th May 2021 has held that no cess would be payable under the BOCW Act for a supply contract. The Supreme Court made the following observations:

“Cess under the Cess Act read with BOCW Act is leviable in respect of building and other construction works. The condition precedent for imposition of cess under the Cess Act is the construction, repair,
demolition or maintenance of and/or in relation to a building or any other work of construction, transmission towers, in relation inter alia to generation, transmission and distribution of power, electric lines, pipelines etc. Mere installation and/or erection of pipelines, equipments for generation or transmission or distribution of power, electric wires,
transmission towers etc. which do not involve construction work are not amenable to Cess under the Cess Act. No information was given or any return filed with the Assessing Officer under the Cess Act or the Inspector under the BOCW Act in respect of the First and Second Contracts, either by UPPTCL or by the Respondent No.1.

54. A contractor who enters into a pure Supply Contract is statutorily exempted from levy under the BOCW Act……”

Copy of the judgement

To support its subscribers during the second wave of COVID-19 pandemic, EPFO has now allowed its members to avail second non-refundable COVID-19 advance. The provision for special withdrawal to meet the financial need of members during pandemic was introduced in March 2020, under Pradhan Mantri Garib Kalyan Yojana (PMGKY). An amendment to this effect was made by Ministry of Labour & Employment in Employees’ Provident Funds Scheme, 1952 by inserting therein sub-para (3) under paragraph 68L, through notification in the Official Gazette.

Under this provision, non-refundable withdrawal to the extent of the basic wages and dearness allowances for three months or up to 75% of the amount standing to member’s credit in the EPF account, whichever is less, is provided. Members can apply for lesser amount also.

The Ministry of Labour and Employment has announced additional benefits for workers through ESIC and EPFO schemes to address the fear and anxiety of workers about well-being of their family members due to increase in incidences of death due to COVID -19 pandemic. Enhanced social security is sought to be provided to the workers without any additional cost to the employer.