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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.

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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.

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A person can resign at any time during his service, however, he cannot ask for premature/voluntary retirement unless he fulfils the eligibility criteria.

Union of India v Abhiram Verma

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In a case relating to compassionate appointment, the Supreme Court held that retrospective seniority cannot be claimed from a date when an employee is not even borne in service.

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Mere delay in relieving an employee from duties, under a VRS, would not impact the acceptance of his resignation – Supreme Court

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Chairman/Managing Director/Executive Director/Deputy General Manager/Planner & Executor,cannot be held vicariously liable unless there are specific allegations and averments against them with respect to their individual role

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Considering the principles laid down in Section 106 of the Indian Evidence Act, 1872, the burden is on the employee to come out with a case that he was not gainfully employed during the relevant period

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The Hon’ble Delhi High Court, while extending the date for mandatory E-Seeding of Aadhar number with UAN has issued the following interim directions”

Subject to adjudication of the legal issues which have been raised in this petition, the following interim directions are issued:

a) Insofar as the employees qua whom Aadhaar numbers have already been provided to the EPFO are concerned, the provident fund shall be permitted to be deposited by the employers without awaiting verification from the Unique Identification Authority of India. The process of verification shall however continue;

b) Insofar as those persons for whom the Aadhaar number seeding is yet to take place are concerned, the date for completing the seeding and verification shall stand extended till 30th November, 2021. In the meantime, employers shall be permitted to deposit the provident funds in respect of employees for whom seeding has not taken place and no coercive measures shall be taken against them for non-seeding of Aadhaar numbers with UANs. During this period, the EPFO would appoint a Grievance Redressal Officer who can be contacted by the Petitioner’s members or any other employer, to ensure that the deposits are not delayed and are made in a timely manner, in terms of the provisions of the Act and the Scheme.

c) Insofar as the difficulties which were faced by the employers during the period from 1st June, 2021 to 15th June, 2021 during which period the software was amended, are concerned, no coercive measures shall be taken against the employers for the time being in respect of such belated payments until final decision in the present writ petition.

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A caretaker/servant, acquires no interest in the subject property irrespective of his long possession.

HIMALAYA VINTRADE PVT. LTD. V Md ZAHID

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