SC Approves Constitution Of Wage Revision Committee For Nurses, Hospital Staff In Kerala

The Supreme Court has approved the constitution of a committee constituted by the Kerala Government under Section 9 of the Minimum Wages Act, 1948, for revising the wages of nurses and hospital staff, by dismissing an appeal filed by the Kerala Private Hospital Association. The committee was constituted by the government on 28.10.2016, following massive protests by nurses and staff of private hospitals seeking enhancement of meagre wages paid to them. The committee comprised 14 nominees each of employees and employers, as per Section 9 of the Act

The constitution of the committee was challenged in the High Court of Kerala. The single bench repelled the challenge. The appeal filed against the judgment of single judge was dismissed by the division bench. The Private Hospital Association, therefore, approached the Supreme Court

Their challenge was against the inclusion of some members in the 14-member panel representing employees. The contention was that those members were actually employees of the hospitals, and, hence, cannot be construed as nominees of employees. According to the association, only the owners or members of the management of the hospital can be included in the committee as nominees of the employers.

The contention was found to be baseless by the bench comprising Justice RK Agarwal and Justice Abhay Manohar Sapre. It was observed as hereunder:-

A person, who is nominated to represent the interest of his employer, in our considered opinion, need not necessarily be the employer himself. If on the other hand, his employee is nominated to represent his employer’s interest, such nomination is in accordance with the requirement of Section 9 of the Act. It is for the reason that such nominee once nominated would defend his employer’s interest and not individual interest as an employee in the Committee In other words, a nominee in such a case does not participate in his individual capacity as an employee in the Committee but participates as a representative of his employer

Reference was also made to a judgment authored by Justice Chinnappa Reddy for a three-member bench in Ministry of Labour & Rehabilitation & Anr vs Tiffin’s Barytes Asbestos & Paints Ltd and Anr, AIR 1985 SC 1391, which had held that actions taken the Minimum Wages Act should not be lightly interfered with on mere ground of technicalities

Liability of Principal Employer is restricted to only wages to workers of contract

Liability of Principal Employer is restricted to only wages to workers of contract under Contract Labour ( Regulation & Abolition) Act & Rules.

Chand Chhap Fertilizer And ... vs Labour Commissioner, Fertilizer ... on 18 January, 2006

Allahabad High Court

The principal employer, M/s. Chand Chhap Fertilizer and Chemicals limited, in order to undertake certain jobs in the industry, had engaged contractor, M/s. Saran Engineering Works, who was a duly licensed contractor under the provisions uder Section 7 of the Contract Labour (Regulation & Abolition) Act, 1970 thereinafter referred to as the Act, 1970).

Two Workman moved an application under Rule 25(2}(v)(a) of the Rules, 1975 to the authority claiming that they we're not being given wages as that of the other workmen employed by the principal employer and the wages should be paid to them same and similar to the other workmen of the principal employer.

Rule 25(2)(v)(a) of the Rules, 1975 as hereunder: In cases where the workmen employed by the contractor perform the same and similar kind of work as the workmen directly employed by the principal employer of the establishment, the wages rates, holidays, hours of work and other conditions of service of the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work;

Provided that in the case of any disagreement with regard to the type of work the same shall be decided by the Labour Commissioner, U.P., whose decision shall be final.

However, the obligation cast upon the principal employer is under the provisions of Section 21 of the Act 1970, which is limited to the wages as agreed between the contractor and the workmen. Section 21 of the Act, 1970 is quoted hereunder;

Section 21. Responsibility for payment of wages.-

(1) A contractor shall be responsible for payment of wages to each worker employed by him as contract labour and such wages shall be paid before the expiry of such period as may be prescribed.

(2) Every principal employer "shall nominate a representative duly authorized by him to be present at the rime of disbursement of wages by the contractor and it shall be the duty of such representative to certify the amounts paid as wages in such manner as may be prescribed.

(3) It shall be the duty of the contractor to ensure the disbursement of wages in the presence of the authorized representative of the principal employer.

(4) In case the contractor fails to make payment of wages within the prescribed period or makes short payment, then the principal employer shall be liable to make payment of wages in full or the unpaid balance due as the case may be, to the contract labour employed by the contractor and recover the amount so paid from the contractor either by deduction from any amount payable to the contractor under any contract or as a debt payable by the contractor.

The provisions of Rule 25(2)(v)(a) of the Rules, 1975 do not impose any liability or obligations on the principal employer but it simply is a term of licence and it is the licence holder that is the contractor who is put to terms in the said rules. If there is any violation of the said Rules, no liability of the same can be fixed on the principal employer.

Also in - Hindustan Steel Works Construction Ltd. v. The Commissioner of Labour and Ors. reported in 1996(74) FLR 2151  - The right of workers to recover any additional wages which may be so determined would be against the contractor and would not fix or impose any liability on the principal employer.

Thus  the provisions of Section 25(2)(v)(a) of the Rules, 1975 only deal with the term of the licence granted to the contractor who is put to terms in the said Rules find no liability for any violation of the said Rules can be imposed on the principal employer.

So, the scope of Rule 25(2)(v)(a) of the Rules, 1975 is confined to the terms of the licence of the contractor and violation thereof of any of the terms would result in consequence against the contractor alone.

The Maharashtra Workmens Minimum House-Rent Allowance Act, 1983

The Maharashtra Workmen's Minimum House-Rent Allowance Act, 1983

1 Short title, extent, commencement and application
2 Definitions
3 Appointment of Controlling Authority
4 Responsibility for payment of house-rent allowance
5 House-rent allowance when not payable
6 Recovery of house-rent allowance as fine
7 Reference of a dispute under this Act
8 Maintenance of registers, accounts and records
9 Appointment of Inspectors
10 Penalties for offences
11 Cognizance of offences
12 Protection of action taken under the Act
13 Power to exempt in special cases
14 Power to make rules
15 Protection of rights under other laws or agreements



Section 1: Short title, extent, commencement and application
(1) This Act may be called the Maharashtra Workmens Minimum House-rent Allowance Act, 1983.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different areas in the State for different industries or classes of industries.

(4) It shall apply in the area in which it is in force to every factory or establishment in an industry, in respect of which a notification is issued under Sub-section (3), where, in relation to any industrial dispute concerning such industry, the State Government is the appropriate authority under sub-clause (ii) of clause (a) of Section 2 of the Industrial Disputes Act, 1947 (XIV of 1947), or to which the provisions of the Bombay Industrial Relations Act, 1946 (Bom.XI of 1947), apply, and in which factory or establishment fifty or such higher number of workmen as may be specified by the State Government by notification in the Official Gazette, are employed.

(5) Notwithstanding anything contained in sub-sections (3) and (4), the State Government may, after giving not less than two months notice of its intention to do so, by notification in the Official Gazette, and after considering any objections and suggestions which may be received, by like notification, apply from a specified date and provisions of this Act to any factory or establishment in any industry or industries specified in the notification, wherein less than fifty workman but not less than such number of workmen as may be specified in the notification, are employed.

(6) Once the provisions of this Act apply or are applied to any factory or establishment in any industry under this section, they shall continue to apply to such factory or establishment, notwithstanding that the number of workmen employed therein falls below fifty or such higher or lesser number of workmen as may be specified under the notification issued under sub-section (4) or (5), as the case may be.
Explanation - For computing the number of workmen employed in any industry for the purposes of this section, the number of workmen employed in all the branches and units of the factories and establishments in the industry in the State of Maharashtra shall be taken into consideration, and if there is any doubt or dispute, the matter shall be referred to, and decided by, the State Government or any officer authorised by it in this behalf, and its or his decision, as the case may be, shall be final.
Section 2: Definitions
In this Act, unless the context otherwise requires -

(a) "Controlling Authority" means the Authority appointed by the State Government under section 3;

(b) "employer", in relation to any factory or establishment in any industry, means the person or authority, who has the ultimate control over the affairs of the industry, and includes the Manager, Managing Director or any other person (by whatever name called) who is responsible to the owner for the supervision and control of the workmen employed therein;

(c) "establishment" means an establishment as defined in the Bombay Shops and Establishments Act. 1948 (Bom. LXX-IX of 1948);

(d) "factory" means a factory as defined in the Factories Act, 1948);

(e) "industry" means an industry as defined in the Industrial Disputes Act, 1947 (XIV of 1947);

(f) "month" means a month as defined in the Bombay General Clauses Act, 1904 (I of 1904);

(g) "prescribed" means prescribed by rules made under this Act;

(h) "wages" means basic wages and dearness allowance;

(i) "workman" means a workman as defined in the Industrial Disputes Act, 1947 (XIV of 1947) or an employee as defined in the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947) as the case may require;

(j) words and expressions used in this Act, but not defined herein, shall have the meanings assigned to them in the Industrial Disputes Act, 1947 (XIV of 1947) or the Bombay Industrial Relations Act, 1946, (Bom. XI of 1947 as the case may require.
Section 3: Appointment of Controlling Authority
The State Government may, by notification in the Official Gazette, appoint an officer, not below the rank of Assistant Commissioner of Labour, to be the Controlling Authority for the administration of this Act and for carrying out the purposes of this Act, and different Controlling Authorities may be appointed for different areas or for different industries, or in the same areas for different industries or for the same industry in different areas.
Section 4: Responsibility for payment of house-rent allowance
(1) Every employer shall pay to every workman employed by him a house-rent allowance which shall not be less that five percent of the wages payable to the workman for his services during a month, or twenty rupees, whichever is higher.
Provided that in case a workman renders service for less than a month, the house-rent allowance shall be payable to him pro-rata :
Provided further that the service during a month shall include the days on which -
(a) the workman has been laid off under an agreement or as permitted by the Standing Orders made under the Industrial Employment (Standing Orders) Act, 1946, (XX of 1946) or the Industrial Disputes Act, 1947 (XIV of 1947), or the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947), or under any other law for the time being in force;
(b) he was unable to work due to lock-out or cessation of work for which the employer pays wages;
(c) he has been absent due to his temporary disablement, because of accident arising out of and in the course of his employment;
(d) he has been on any authorised leave including weekly or other declared holiday, sick leave or permissible casual or optional leave;
(e) he has been on any kind of leave with wages;
(f) in the case of a female workman, she has been on maternity leave, so however, that the total period of such leave, including sick leave, weekly offs etc. does not exceed twelve weeks.

(2) The house-rent allowance payable to a workman under sub-section (1) shall be paid to him, in cash, along with his wages for the month.

(3) Notwithstanding anything contained in sub-section (1), a workman who is entitled to draw under the terms of his service or under any agreement, settlement or award, a house-rent allowance at a higher rate than that provided in sub-section (1), shall continue to draw the same at such higher rate.

(4) Where a workman is provided residential accommodation by the employer and a deduction is made therefore from his wages, then -
(a) if the amount deducted for such accommodation is higher than the house-rent allowance admissible under sub-section (1), the deduction shall be reduced by the amount mentioned in that sub-section, and no house-rent allowance shall be payable to such workman; and
(b) if the amount deducted is less than the house-rent allowance admissible under sub-section (1), the said allowance shall be reduced by a amount deducted, and the balance shall be paid to the workman.

Section 5: House-rent allowance when not payable
Where a workman is provided with residential accommodation by the employer and no deduction is made therefor from his wages, the employer shall not be required to pay house-rent allowance to such workman as required by section 4.
Section 6: Recovery of house-rent allowance as fine
(1) If the house-rent allowance payable under this Act is not paid by the employer within the prescribed period, the workman or any person authorised by him in writing in this behalf, or, in case of his death, his heir or legal representative, may, without prejudice to any other mode of recovery, make an application, in such form and in such manner as may be prescribed, to the Controlling Authority having jurisdiction, for the recovery of the amount of the house-rent allowance due to him from the employer :

Provided that such application shall be made within a period of one year from the date of the house rent allowance became due;

Provided further that such application may be entertained, after expiry of the said period of one year, if the Controlling Authority is satisfied that the workman had sufficient cause for not making the application in time.

(2) The Controlling Authority to whom an application under sub-section (1) is made may, after giving the applicant and the employer concerned a reasonable opportunity of being heard and after making such further inquiry as may be considered necessary, determine the amount of house-rent allowance due to the applicant and may, by order, direct, without prejudice to any other action which may be taken under this Act or any other law for the time being in force against the employer, the payment to the application of the amount of house-rent allowance as so determined.

(3) An appeal shall lie, in the prescribed manner and within the prescribed period, from an order of the Controlling Authority dismissing any application made under sub-section (1) or giving any direction under sub-section (2), to such Appellate Authority, not below the rank of Deputy Commissioner of Labor, as the State Government may, by notification in the Official Gazette, appoint in this behalf, and different Appellate Authorities may be appointed for the same or different industries or for the same or different areas.

(4) Any order made by the Controlling Authority under this section, subject to an appeal to the Appellate Authority, and any order made by the Appellate Authority on any such appeal, shall be final.

(5) Any amount of the house-rent allowance found due and directed to be paid by any order made under this section, which has become final may be recovered by any Judicial Magistrate to whom the Controlling Authority makes an application in this behalf, as if it were a fine imposed by such Magistrate and shall be paid to the applicant concerned or his heir or legal representative, as the case may be.

Section 7: Reference of a dispute under this Act
Where any dispute arises between an employer and any workman or workmen with respect to the house-rent allowance payable under this Act or with respect to the application of this Act to any factory or establishment in any industry or to any workmen employed therein, such dispute shall be deemed to be an industrial dispute within the meaning of the Industrial Disputes Act, 1947, (XIV of 1947) or the Bombay Industrial Relations Act, 1946 (Bom. XI of 1947) as the case may require, and the provisions of the relevant Act, shall mutatis mutandis, apply for investigation and settlement of such dispute.
Section 8: Maintenance of registers, accounts and records
Every employer to whom the provisions of this Act apply shall maintain such registers, account books and records giving such particulars of workmen employed by him, the wages and house-rent paid to them, the receipts given by them and such other particulars and in such manner and form as may be prescribed.
Section 9: Appointment of Inspectors
(1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act, and define the local limits within which they shall exercise their functions under the supervision of the Controlling Authority concerned.

(2) For the purpose of ascertaining whether any provisions of this Act are being complied with or not, an Inspector may, within the local limits for which he is appointed -
(a) enter, at all reasonable hours, with such assistants (if any), being persons in the service of the Government or any local or other public authority, as he thinks fit, any premises or place of a factory or establishment in an industry for the purpose of examining any registers, account books and other records required to be kept under this Act or the rules made thereunder and require any one found in charge thereof to produce before him for examination any registers, account books and other records relating to the employment of the workmen and the payment of wages and house-rent allowance to them;
(b) examine, with respect to any matter relevant to any of the purposes aforesaid, the employer, his agent or servant or any other persons in charge of the factory or establishment or the records or any person whom the Inspector has reason to believe to be or to have been a workman in that factory or establishment;
(c) seize or take copies of such registers, account books or other records or portions thereof as he may consider relevant in respect of any offence under this Act, which he has reason to believe has been committed by any employer or other person;
(d) require the employer or his agent or servant or any workman to furnish such further information as he thinks fit;
(e) exercise such other powers and discharge such other functions as may be prescribed.

(3) Any person required to produce any registers, account books or other records or to give any information, which is in his power to produce or give, to an Inspector as required by him under sub-section (2), shall be legally bound to do so.

Section 10: Penalties for offences
(1) Whoever, for the purposes of avoiding any payment to be made by himself under this Act, or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation or false entry in any register, account books or other record, shall, on conviction be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.

(2) Any person who contravenes, or makes default in compliance with, any other provision of this Act shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Section 11: Cognizance of offences
(1) No Court shall take cognizance of an offence punishable under this Act, except on a complaint made by the Controlling Authority or an Inspector or by any Officer of the State Government authorised by it in this behalf.

(2) No Court inferior to that of a Metropolitan Magistrate or a Magistrate of the First Class shall try any offence punishable under this Act.

Section 12: Protection of action taken under the Act
No suit, prosecution or other legal proceeding shall lie against the Controlling authority, any Inspector or any other person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.
Section 13: Power to exempt in special cases
(1) Notwithstanding anything contained in this Act, the State Government may, by order published in the Official Gazette, and subject to such conditions and restrictions, if any, and for such period or periods, as may be specified in the order, direct that the provisions of this Act shall not apply to any specified factory or establishment or to any specified class of factories or establishment in any industry, if it is satisfied that it is just and proper so to do in the public interest or for any special reasons having regard to the more favourable conditions of employment in such factory or factories or establishment or establishments or to the financial position and other relevant circumstances of such factory or factories or establishments, as the case may be.

(2) Any other made under this section may be made so as to be retrospective to any date not earlier than the date on which the Act became applicable to that factory or factories or establishment or establishments, as the case may be.

Section 14: Power to make rules
(1) The power to make all rules under this Act shall be exercisable by the Sate Government by notification in the Official Gazette, subject to the condition of previous publication.

(2) Without prejudice to any power to make rules contained elsewhere in this Act, the State Government may make rules generally to carry out the purposes of this Act. Such rules may provide for payment of fees for any of the purposes of this Act. For which no provision is made in this Act.

(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days, which any be comprised in one session or two or more successive sessions and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be make, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification, have effect only in such modified form or be or no effect, as the case may be, without prejudice to the validity of anything previously done or omitted to be done under that rule.

Section 15: Protection of rights under other laws or agreements
Nothing contained in this Act shall adversely affect any rights of the workmen or their representatives to demand or to get or to raise an industrial dispute under any agreement or any other law for the time being in force, for better service conditions, relating to housing accommodation or house-rent allowance, in addition to those provided under this Act.

West Bengal Holiday List 2017

West Bengal Holiday List 2017
GOVERNMENT OF WEST BENGAL,
Finance [Audit] Department, 10th floor
“NABANNA”
Mandirtala, Howrah – 711 102

No.: 5603 – F(P2).

Dated: 27.10.2016

NOTIFICATION

In exercise of the power conferred by the explanation Lo Section 25 of the Negotiable Instrument Act, 1881 (XXVI of 1881), read with Government of India, Ministry of home Affairs, Notification No.20/25/56-pub[1] dated the 8th June, 1957 the Governor is pleased to declare the Following days to be Public holidays during the Year 2017.

Birthday of Swami Vivekananda	12th January	Thursday
Birthday of Netaji	23rd January	Monday
Republic Day	26th January	Thursday
Saraswati Puja (Sree Panchami)	1stFebruary	Wednesday
Good Friday & Birth day of Dr.B.R. Ambedkar	14thApril	Friday
**Bengali New Years Day	15thApril	Saturday
May Day	1stMay	Monday
Birthday of Rabindranath Tagore	9thMay	Tuesday
Id-U1-Fitar	26thJune	Monday
Independence Day	15thAugust	Tuesday
**Id-Ud-Joha	2ndSeptember	Saturday
Mahalaya	19thSeptember	Tuesday
Mahasaptami	27thSeptember	Wednesday
Durga Pooja Mahaastami	28thSeptember	Thursday
Mahanabami	29thSeptember	Thursday
**Vijaya Dasami	30thSeptember	Saturday
Birthday of Gandhiji	2ndOctober	Monday
Lakshmi Puja	5thOctober	Thursday
Kalipuja	19thOctober	Thursday
**Birthday of Guru Nanak	4thNovember	Saturday
Christmas Day	25thDecember	Monday

Note:Sundays are holidays under the Negotiable Instrument Act.
1.In the year 2017, the following festivals / occasions fall on Sundays which are Public Holidays under N.I. Act and hence have not been included in the list of Holidays:

Dolijatra	12thMarch	Sunday
Muharram	1stOctober	Sunday

2.The holiday with double asterisk marks i.e.(**) is applicable to those Government Officers only Where Saturdays are not Observed as full holiday.

3.General instructions as laid below in this Notification no.5603-F[p2], dated 27.10.2016are to be followed in case of Muslim Festivals.

In exercise of the power conferred by the explanation to Section 25 of the Negotiable Instrument Act, 1881 [XXVI of 1881], read with Government of India, Ministry of Home Affairs, Notification No.20/25/56-pub[l} dated the 8th June, 1957 the Governor is pleased to Declare the following days to be public holidays during the year 2017.

Note:The Government Offices only where Saturdays are not observed as full holiday including Treasuries, Sub-Treasuries shall remain open on the 151 April,2017 which has been declared as public Holiday under N.I. Act, under this Notification.

The Governor is pleased to notify that on the following days during the Year 2017, Which are not declared to be Public Holidays, the officers under the Government of West Bengal With the exception of the officers of the Registrar of Assurances, Kolkata and Collector of the Stamp Revenue, Kolkata shall be Closed.

Shivaratri	24thFebruary	Friday
Day after Doljatra (Holi)	13thMarch	Monday
Birth day of Poet Bhanu Bhakt (for Darjeeling District only)	13thJuly	Thursday
Janmastami	14thAugust	Monday
Mahasasthi of Durgapuja	26thSeptember	Tuesday
Additional day in Connection with Durgapuja	3rdOctober, 4thOctober	Tuesday, Wednesday
Additional day for Lakshmipuja	6thOctober	Friday
Additional day in Connection with Kalipuja	20thOctober	Friday
Additional day in connection with Kalipuja & Bhatridwitya	21stOctober	Saturday
Fateha- Dwaz-Daham	2ndDecember	Saturday

Note

I)In the year 2017, the following festivals / occasions fall on Sundays which are public Holidays under N.I. Act and hence have not been included in the list of holidays:

New Year’s Day (2017 A.D)	1stJanuary	Sunday
Ekadashi of Durga puja	1stOctober	Sunday

ii) The holiday with double asterisk marks i.e. (**) is applicable to those Government Offices only where Saturdays are not observed as full holiday.

The Governor is pleased that the following days may be observed as Sectional Holidays in the Year 2017 for the employees of different communities mentioned against each:

Easter Saturday (for Chrirtians Only)	15thApril	Saturday
Baisakhi(for Sikh only)	15thApril	Saturday
Buddha Punima (for Buddhist only)	10thMay	Wednesday
Sab-e-Barat (for Muslims only)	12thMay	Friday
Karam Puja	To be Notified Later on
Chhat Puja	26thOctober	Thursday

Note

I) In the year 2017, the following festivals / Occasions fall on Sundays which are public Holidays under N.I.Act and hence have not been included in the list of holidays:

Mahabir Jayanti (for Jains Only)

9th April

Sunday

ii) The holiday with double asterisk marks i.e.(**) is applicable to those Government Offices only where Saturdays are not observed as full holiday.

GENERAL INSTURCTIONS TO BE FOLLWED IN ALL TYPES OPF HOLIDAYS INCLUDING HOLIDAY FOR THE MUSLIM FESTIVALS

1.No substitute holiday shall be allowed if any of the festival – holidays initially notified subsequently happens to fall on a weekly off or any other non-working day or in the event of more than one festival falling on the same day.

2. 02. If there is any change in the date of Id-Ul-Fitre, Id-Uz-Joha, Muharram, Fateha-Duaz-Daham, Sab-e-Barat depending upon the sighting of the moon, holiday will be declared by a separate order for the date on which the festival would be actually observed in lieu of the date originally notified as holiday for this festival.

3. 03. It may happen that the change of date of above occasions has to be notified at a very short notice. In such a situation, announcement would be made through T.V./ A.LR I Newspapers and Heads of Department / Offices of the State Government may take action according to such announcements without waiting for formal order about the change of date.

By Order of the Governor

D.K.Mahapatra

Special Secretary to the
Government of West Bengal