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ESIC has announced annual preventive health check-up for the ESI insured persons/insured women aged 40 years and above.

Copy of proforma attached.

Settlement consideration is liable to be recognized as capital gains and not “profits in lieu of salary” under the Income Tax Act.

Copy of judgement attached.

Maharashtra Minimum Wages for the period of 01.07.2024 to 31.12.2024 notified by the office of the Commissioner of Labour.

Notification attached.

Draft of certain rules to amend the Rights of Persons with Disabilities Rules, 2017, for the information of all persons likely to be affected thereby. The said draft rules shall be taken into consideration after the expiry of a period of thirty days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public; Objections and suggestions, if any, may be addressed to Shri Vineet Singhal, Director to the Government of India, Department of Empowerment of Persons with Disabilities (Divyangjan), Room No 505, 5th Floor, Pandit Deen Dayal Antyodaya Bhawan, CGO Complex, Lodhi Road, New Delhi, 110003 or by email at udidsection-depwd@gov.in. The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period specified above, will be considered by the Central Government.

Copy of notification attached.

The Govt of Maharashtra has notified Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) (Amendment) Rules, 2024 for incorporating details of the Establishment Insurance Certificate in Forms A,D F & R of the Rules.

Copy of notification attached.

The court emphasized that negligence in safety measures directly contributing to a fatal accident can constitute a criminal offense under Section 304-A IPC. The court found that the lack of warning signs was a significant breach of duty, and Agrawal, as a partner and responsible party, failed to ensure these precautions, directly leading to Charan Singh’s death.

Copy of judgement attached.

The court emphasized that negligence in safety measures directly contributing to a fatal accident can constitute a criminal offense under Section 304-A IPC. The court found that the lack of warning signs was a significant breach of duty, and Agrawal, as a partner and responsible party, failed to ensure these precautions, directly leading to Charan Singh’s death.

Copy of judgement attached.

The Bombay High Court, while deciding a question of law as to whether a Director, who is also the occupier, would be personally liable to pay the ESI Dues of the Company, has held as follows:

(a) The liability to pay ESI dues is of the company and in the event of there being an occupier who has ultimate control over the affairs of the factory, he is liable to meet the demand. However, the liability of the occupier is not personal.

(b) If the dues of ESIC are of the company the same can be recovered from the company or from the assets of the company

Copy of judgment attached.

A Division Bench of the Bombay High Court, while dealing with an issue as to whether a mere delay in raising a dispute would be fatal to an order of reference, has held that the object of the Act of 1947 is of ensuring justice for both employers and employees, and advancing industrial progress. It is a legislation that provides and regulates the service conditions of the workers. The provisions of the Act and the fact situation will have to be interpreted in a manner that advances the object of the legislature which is the settlement of industrial disputes.

Copy of judgment attached

Jharkhand publishes Draft Bill on Jharkhand Platform Based Gig Workers (Registration and Welfare) Act, 2024 inviting suggestions from stakeholders.

Copy of judgement attached