A division bench of the Hon’ble Supreme Court of India (the Court) consisting of Mr. Justice Abhay Manohar Sapre and Mr. Justice S. Abdul Nazeer has, in the case of Rajasthan State Road Transport Corporation v Phool Chand (Rptd. by LRs) (Civil Appeal No 1756 of 2010), clarified the issue of back wages being awarded to a workman pursuant to the setting aside of his dismissal order.
The Prevention of Corruption Act, 1988 (PC Act) was enacted to prevent corruption in Government departments and to prosecute and punish public servants involved in corrupt practices. As the PC Act saw limited success an amendment was enacted (Amendment Act) and brought into force on 26 July 2018. The Amendment Act attempted to bring the PC Act in line with United Nations Convention against Corruption 2005, which was ratified by India in 2011.
The Payment of Gratuity (Amendment) Act, 2018 (Gratuity Amendment Act) has received the Presidential assent on 28 March 2018 and has been notified on 29 March 2018. Our previous update pertaining to the Gratuity Amendment Act can be accessed
Anshul Prakash is a Partner with the Employment Labour and Benefits practice group in the Mumbai office.
Ajay Bhargava is a Senior Partner in the Dispute Resolution practice group in the New Delhi and National Capital Region office.
Jeevan Ballav Panda is a Partner at Khaitan & Co, with over 18 years of experience spanning dispute resolution and employment and labour law. Based in the firm’s Delhi NCR office, he advises and represents leading domestic and multinational clients in complex commercial disputes, arbitrations and contentious and advisory employment matters.
Further to our Ergo Update on 4 July 2019, on the registration of the Internal Committee (IC) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (PoSH) in the States of Maharashtra and Telangana, we sought further clarifications from the District Women and Child Development Department, to confirm if the requirement for registration of the IC constituted by employers would apply to the whole of Maharashtra or to only establishments in Mumbai.
On 3 July 2019, the Union Cabinet approved the Code on Wages Bill 2019 (Wages Bill). While an official press release in this regard is awaited, the Union Minister for Information and Broadcasting, Mr Prakash Javadekar, informed the media that the Wages Bill was approved in a meeting held on 3 July 2019.
As per the Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013 (PoSH Act) read with the Sexual Harassment of Women (Prevention, Prohibition and Redressal) Rules 2013 (Rules), every employer including Government/Non-Government organisation employing ten or more employees is required to constitute an Internal Committee (IC) for enquiring into complaints of sexual harassment filed by any woman at workplace.
On 5 June 2019, the Government of Tamil Nadu (Government) published a notification to bring into effect the relevant government order dated 28 May 2019 (Notification) granting exemption to all shops and establishments having ten (10) or more employees from complying with sections 7(1) and 13(1) (opening and closing hours) of the Tamil Nadu Shops and Establishments Act 1947 (Act).
