Notices, Circulars and Admendments in Labour Laws 22.10.13
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Transcript of Notices, Circulars and Admendments in Labour Laws 22.10.13
SALARY CAP TO BE RAISED FOR ESI CONTRIBUTIONSThe government is likely to increase the salary cap of beneficiaries to Rs.25,000 from Rs.15,000,
w.e.f. 1-10-2013. The decision has been taken despite objections from employers’
representatives at a closed-door meeting in Delhi on 19.9.2013. The last increase in the salary
ceiling for ESI was made in May 2010, when it was raised to Rs.15,000 from Rs.10,000
MINIMUM WAGES REVISED IN DELHI W.E.F. 01st OCT 2013MINIMUM WAGES REVISED IN DELHI
The NCT of Delhi has revised the minimum wages payable from October 2013 to March 2014
and the details are furnished below:
Category ExistingRevised from
1/10/2013
Unskilled 7722 8086
Semi-skilled 8528 8918
Skilled 9386 9802
Clerical and Supervisory Staff
Non-matriculates 8528 8918
Matriculate but not graduate 9386 9802
Graduate and above 10218 10686
MINIMUM WAGES IN UTTAR PRADESH REVISED
MINIMUM WAGES IN UTTAR PRADESH Revised w.e.f. 01-Oct-2013 until 31-03-2014
Labour Department, Uttar Pradesh has notified Dearness Allowance for the period October 2013
to March 2014. The details are furnished below:
Category MW per month D.A.
w.e.f. 01.10.2013 to
31.03.2014
MW/month
w.e.f.
01.10.2013 to
31.03.2014
MW/day
w.e.f.
01.10.2013 to
31.03.2014
Unskilled 2600.00 2600.00 5200.00 200.00
Semi-skilled 2964.00 2964.00 5928.00 228.00
Skilled 3290.00 3290.00 6580.00 253.08
MINIMUM WAGES IN UTTAR PRADESH Revised w.e.f. 01-Apr-2013 until 30-09-2013
Category MW per month D.A. from
01.04.2013 to
30.09.2013
MW/month w.e.f.
01.04.2013 to
30.09.2013
MW/day w.e.f.
01.04.2013 to
30.09.2013
Unskilled 2600.00 2375.86 4975.86 191.38
Semi-skilled 2964.00 2708.48 5672.48 218.17
Skilled 3290.00 3006.38 6296.38 242.17
Minimum Wages in Punjab enhancedIn continuation to earlier circulars, intimating the rise in minimum rates of wages, it is hereby
brought to your kind notice that the Punjab Government has further enhanced the minimum rates
of wages w.e.f. 01.09.2013 in respect of 71 Scheduled Employments. The increase in wages for
monthly rated employee is Rs. 552.75 and for daily rated is Rs. 21.44 & for hourly worker is Rs.
2.68.
The above increase is to neutralize the cost of living. The minimum rates of wages are linked
with Consumer price index Numbers (State Series 1987 -100). The adjustment of wages are
made after an interval of six months taking the average of CPI numbers compiled by the Punjab
Government.
The detail of enhanced/adjusted minimum rates of wages for monthly rated and daily rated and
hourly rated employees under different categories are given in the attachment.
It is pertinent to mention here that vide two separate writ petitions some clauses attached to the
parent notification dt. 15.11.2012 issued under the Minimum WagesAct, 1948 are under
challenge and the next date for final arguments is fixed for 26.09.2013.
MINIMUM WAGES IN HARYANA REVISED w.e.f. 01-07-2013
LATEST MINIMUM WAGES IN HARYANA w.e.f. 01-07-2013
CANTEEN ALLOWANCE PART OF BASIC WAGES FOR PROVIDENT FUND DEDUCTIONIn a judgment dated 22.7.2013 in a writ petition filed by Whirlpool India Ltd. challenging the order
of EPF Authority under section 7-A of the Employees’ Provident Funds & Miscellaneous
Provisions Act (hereinafter referred to as the ‘Act’) wherein it has been held that the canteen
allowance of Rs.300 per month being paid to employees out of settlement dated 13.10.1995 will
be ‘basic wages’ to attract EPF contributions. The petitioner filed an unsuccessful appeal before
the EPF Appellate Tribunal against the order dated 28.7.1999 which was dismissed by the
Tribunal by order dated 27.12.1999.
The petitioner filed a writ petition before the High Court challenging the order under section 7-A
of the Act as well as that of the EPF Appellate Tribunal. While dismissing the writ petition, as filed
by the petitioner, the High Court referred the Gujarat High Court judgment in Gujarat Cycromet
Ltd. (2004 III CLR 485) wherein it has been held that except HRA, all the allowances will be
treated as basic wages for attracting contribution. The High Court relied upon the landmark
judgment of Bridge & Roof Co. Ltd. (5 FLR 423) wherein it has been held that “whatever
allowances are payable to all the permanent employees would be included in the definition of
basic wages and those which are not paid/payable to all employees are excluded there-from.”
The whole judgment is not being reported keeping in view that the Supreme Court judgment for
clarification of allowances, which was fixed in the month of September, will now be heard in the
month of October, 2013.
Category Monthly Per Day
Unskilled Rs.5341.51 Rs. 205.44
Semi Skilled (A) Rs.5471.51 Rs. 210.44
Semi Skilled (B) Rs.5601.51 Rs. 215.44
Skilled (A) Rs.5731.51 Rs. 220.44
Skilled (B) Rs.5861.51 Rs. 225.44
Highly Skilled Rs. 5991.51 Rs. 230.44
6 MONTHS JAIL FOR LIBERTY SHOES DIRECTORIn a complaint, filed before the Chief Judicial Magistrate at Karnal (Haryana), the workers through
their advocate, Mr. Dalip Chandna, alleged that the Liberty Enterprises has adopted unfair labour
practice by closing down the factory at Gharounda in November 2008 and instead of obtaining
prior permission from the Labour Authorities, as stipulated by section 25-O of the Industrial
Disputes Act (when 100 or more workers are employed), transferred the workers to three isolated
locations where no manufacturing plants existed. They were made to mark attendance in open
fields and most of them were forced to quit after.
By an order dated 19.10.2013, the Chief Judicial Magistrate Amit Kumar passed the order
against Adarsh Gupta owner of Liberty Enterprises and sentenced him to six months
imprisonment.