Mar 192024
 

 

1. Introduction of the Case:

  • The court order identifies the case as a Special Civil Application No. 16484 of 2022, titled Gopal Bhai Naranbhai Vaghela versus Union of India & Anr., before the High Court of Gujarat at Ahmedabad.

2. Appearance of Parties:

The appearance section lists the legal representatives for each party:

  • Mr. Ramnandan Singh for the petitioner.
  • Mr. Pathik M. Acharya for respondent No. 1 (Union of India).
  • Mr. Yogi K Gadhia for respondent No. 2.

3. Prayers of the Petitioner:

  • The petitioner seeks several reliefs, including the issuance of a writ of Mandamus to fix his monthly pension under the Employees Provident Fund Scheme, payment of arrears, and other appropriate directions.

4. Facts Presented:

  • The petition outlines the petitioner’s employment history, stating he served in Ahmedabad Electricity Company Ltd. (renamed Torrent Power Ltd.) since 1984 and was superannuated on March 31, 2021.
  • It highlights a discrepancy in the petitioner’s recorded date of birth in his service record compared to his School Leaving Certificate, leading to a denial of pension benefits due to a mismatch with his Aadhar Card.

5. Arguments Presented:

Petitioner’s Argument:

  • Asserts the accuracy of his School Leaving Certificate regarding his date of birth.
  • Argues that Aadhar Card details should not dictate pension eligibility.

Respondents’ Responses:

  • Respondent No. 2 acknowledges the discrepancy but doesn’t contest the petitioner’s claimed date of birth.
  • Respondent No. 1 initially cites the Aadhar Card’s date of birth as grounds for withholding pension but later acknowledges the authority of Circular No. 08 of 2023.

6. Court’s Analysis:

  • The court evaluates the arguments presented by both parties, focusing on the relevance of primary documents in determining pension eligibility.
  • It considers legal precedents and Circular No. 08 of 2023, which clarifies the validity of documents for establishing date of birth.

7. Court’s Decision:

  • The court directs respondent No. 1 to release the petitioner’s pension and arrears within two weeks, considering the date of birth in the School Leaving Certificate as authoritative.
  • Failure to comply within the stipulated timeframe would result in interest accruing at a rate of 6% per annum on the pending amount.

8. Implications:

  • The ruling emphasizes the importance of accurate record-keeping and adherence to legal principles in resolving disputes related to pension benefits.
  • It ensures fairness and consistency in pension processing, establishing a precedent for future cases with similar discrepancies.

In summary, the court’s detailed analysis and step-wise decision-making address the petitioner’s claim while upholding legal standards and principles, ensuring an equitable resolution of the matter.

 

GOPALBHAI NARANBHAI VAGHELA Versus UNION OF INDIA & ANR. Document  👈 DOWNLOAD

 

Courtesy by: PCS Consultancy


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Nov 292023
 

An official government notification (G.S.R. 831(E)) outlining an amendment to the Public Provident Fund (PPF) Scheme, 2019. Let’s break down the key points:

Legal Authority:

The changes are made under the authority granted by section 3A of the Government Savings Promotion Act, 1873 (Act number 5 of 1873).

Specific Amendment:

The focus of the amendment is on paragraph 13 of the Public Provident Fund Scheme, 2019.The
change occurs in the second proviso of paragraph 13. The words “or the date of extension of the account” are being replaced with “or from the date of commencement of the current block period of five years.”

The Central Government is introducing a scheme to further amend the existing Public Provident Fund Scheme, 2019. The amended scheme is named the “Public Provident Fund (Amendment) Scheme, 2023.”

Effective Date:

The amendment comes into force on the date it is officially published in the Official Gazette.

Simplified Summary:

The government, utilizing its authority under the Government Savings Promotion Act of 1873, has introduced an amendment to the Public Provident Fund Scheme, 2019. This amendment is part of the “Public Provident Fund (Amendment) Scheme, 2023,” effective from the date of its official publication in the Official Gazette.

The specific change involves adjusting the language in paragraph 13 of the PPF Scheme, particularly in the second proviso. Instead of referring to the date of extending the account, the amendment now considers the date of commencement of the current block period of five years. This change is designed to provide more clarity in the rules governing the extension of PPF accounts.

 

 

DOWNLOAD: 27866_Public-Provident-Fund-Amendment-Scheme-2023_November102023


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Apr 192023
 


The Government of Telangana hereby issues guidelines for granting exemption from section 7 (Opening and Closing hours) of the Telangana Shops And Establishments Act, 1988 to all Shops & Establishments as defined in section 2 (21) of the Telangana Shops & Establishments Act, 1988 for operating 24/7 in the Telangana State, subject to the following conditions namely:-

(i) Issue of ID cards,

(ii) Weekly off,

(iii) Weekly working hours,

(iv) Overtime wages,

(v) Compensatory holiday with wages in lieu of employees attending duty on a notified national /festival holiday,

(vi) Adequate safety of Women employees,

(vii) Consent of women employees to work in night shift,

(viii) To and from transport from Women employees working in night shift,

(ix) The Management shall maintain the records and furnish returns as prescribed by the State Government within time,

(x) Subject to compliance with provisions under the Police Act & Rules in force, and

(xi) Subject to payment of an annual fee of Rs.10,000/- (Rupees ten thousand only) for each store to open 24×7 under the Telangana Shops And Establishments Act, 1988.

The relevant official notification is attached for your kind reference,

Guidelines on the exemption from opening and closing hours of Telangana Shops and establishments act:- DOWNLOAD


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Apr 132023
 

Please find attached herewith Central Minimum Wages rates w.e.f. 01/04/2023 to 30/09/2023.
Kindly comply accordingly from April 2023.

 

Check out the below attachment

Central Minimum Wages from 1st April 2023 to 30th September 2023.


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Apr 102023
 


Govt of Maharashtra notifies Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Bill, 2023 to notify changes in Profession Tax Rates w.e.f. 01.04.2023. One notable change is that bill exempts the professional tax payable by the women who draw the monthly salary or wages up to rupees twenty-five thousand w.e.f. 01.04.2023.

(1) This Act may be called the Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Act, 2023. (2) It shall come into force on the 1st of April 2023. 2. Amendment of section 27A of Mah. XVI of 1975. In Section 27A of the Maharashtra State Tax on Professions, Trades, Callings, and Employments Act, 1975.

AS PER L. A. BILL No. XIII OF 2023 OF MAHARASHTRA GOVT DATED 20th MARCH 2023 MADE FOLLOWING AMENDEMENTS.

(1) This Act may be called the Maharashtra State Tax on Professions, Trades, Callings, and Employments (Amendment) Act, 2023.

(2) It shall come into force on the 1st of April 2023

Revised Slab from 1st Apr 2023.

(i) In the case of men, whose monthly salaries or wages,–

a) Upto 7500 – NO Profession Tax.

b) >7500 but less than 10,000 – 175/- Per Month.

c) >10,000 – 200/- Per Month (In Feb Month-300).

(ii) in the case of women, whose monthly salaries or wages,–

a) Salary < 25,000: No Profession Tax.

b) Salary > 25,000 : 200/- Per Month (In Feb Month-300).

Gazette Copy:- 👇

Mah-PT-Amdmt-Act-2023


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Apr 052023
 

The 233 meeting of the Central Board of Trustees, EPF was held today in Delhi under the Chairmanship of Shri Bhupendra Yadav, Union Minister for Labour & Employment and Environment, Forest & Climate Change. The Vice-Chairmanship of Shri Rameshwar Teli, Union Minister of State for Labour & Employment, Petroleum & Natural Gas and Co-Vice-Chairpersonship of Ms. Arti Ahuja, Secretary Labour & Employment and the Member Secretary Smt. Neelam Shami Rao, Central P F Commissioner was also present during the meeting.

The Central Board recommended an 8.15 % annual rate of interest to be credited on EPF accumulations in members’ accounts for the financial year 2022-23. The interest rate would be officially notified in the government gazette after approval of the Ministry of Finance, following which EPFO would credit the rate of interest into its subscribers’ accounts.

Here are a few key points to remember about EPF Interest Rate:

● The interest rate of 8.15% has come into effect and will apply to EPF deposits made between April 2022 and March 2023.

● Even though the interest is calculated monthly, it is only deposited to the Employees’ Provident Fund account once a year on March 31st of the applicable fiscal year.

● The transferred interest is added to the next month’s balance, i.e. April’s balance, and is then used to calculate interest.

● If no contributions are made to an EPF account for 36 months in a row, the account becomes dormant or inoperative.

● Employees who have not reached retirement age might earn interest on their inactive accounts.

● Interest is not paid on funds put in retired employees’ inactive accounts.

● The interest collected on dormant accounts is taxed at the member’s slab rate.

● The employee will not receive any interest for payments made by the company to the Employee’ Pension Scheme. However, beyond the age of 58, a pension is provided out of this amount.

Please take note of the same.

 

DOWNLOAD: The Central Board Trustees (CBT) EPF recommends an 8.15 % rate of interest to EPF subscribers for FY2022-23.

 


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HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
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Email: sales@sensysindia.com | Website: http://www.sensysindia.com
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Mar 272023
 

Karnataka Government has amended the Minimum Wages for various schedules for the period 1st Apr 2023 to 31st Mar 2024.

Shops-Commercial-Establishments = DOWNLOAD

Security-Agency = DOWNLOAD

Hotels = DOWNLOAD

 


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Sensys Technologies Pvt. Ltd.

HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Tel.: 022-6820 6100| Call: 09769468105 / 09867307971
Email: sales@sensysindia.com | Website: http://www.sensysindia.com
Branches: Delhi & NCR | Pune | Bangalore | Hyderabad | Ahmedabad | Chennai | Kolkata