Employment, Labour and Benefits

In a significant development, a three judge bench of the Supreme Court of India, by way of its order in Jalan Fritsch Consortium v Regional Provident Fund Commissioner and Another [Civil Appeal Number 407 of 2023], upheld the judgment of the National Company Law Appellate Tribunal (NCLAT) in the matter of Jet Aircraft Maintenance Engineers Welfare Association v Ashish Chhawchharia, Resolution Professional of Jet Airways (India) Limited and Others [Company Appeal (AT) (Insolvency) Number 752 of 2021], whereby Jalan Fritsch consortium (Succ

In an important development, the Employees’ Provident Fund Organisation (EPFO) has released a circular dated 29 December 2022 pursuant to the directions of the Supreme Court of India in the case of EPFO and Another v Sunil Kumar and Others [AIR 2022 SC 5634] (Sunil Kumar), setting out the specific steps towards implementation of the said order. The circular has already drawn massive attention from the industry given that several aspects continue to await clarity. In this ERGO, we examine the circular against the backdrop of Sunil Kumar order.

In its much-awaited ruling in the case of Employees’ Provident Fund Organisation (EPFO) and Another v Sunil Kumar and Others, the Supreme Court of India (SC) has upheld the constitutional validity of the Employees’ Pension (Amendment) Scheme, 2014 (EPS Amendment), with certain caveats as discussed below.