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Dear colleagues, As we are discussing UP govt’s ordinance on suspending a few labour laws, a plea has been filed in SC challenging these ordinances. Pl.read more from the attachments.
From India, Bangalore

Attached Files
File Type: docx Plea in SC.docx (14.2 KB, 6 views)
File Type: pdf SC-Nandini Praveen Vs.Union of India dt.18.5.2020.pdf (904.2 KB, 4 views)

Umakanthan Sir,

Thanks for responding.

I am still confused as to previous operations of various labour laws. Any way, this may not have assent by the President for various reasons.

Incidentally, this ordinance is to exempt factories and other establishments engaged in manufacturing process that I quoted in my post #4 above. I always enjoy reading your posts.

From India, Mumbai
Prof. Kumar S,

Thank you so much for sharing piece of information on writ petition filed in SC challenging notifications/ ordinances suspending central labour legislations or the provisions therein. I couldn't get it on google search.

I obliged.

From India, Mumbai
Eligible For Gratuity Or Not As Various States Including U.P Which Have Suspended Labour Laws Including Gratuity Payment Act 1972
From India, New Delhi
Dear nitin-jain,

Beyond any doubt you are entitled to get payment of Gratuity as clearly stated by Umakanthan Sir in his post #7 and also by Sensharma in his post #6.

The Ordinance as on date not effective since it has no assent by the President of India.

But please remember my advise to you on your plan to have a change during current situation.

All the very best.

From India, Mumbai
Indeed an explanatory reply from Mr. Sensharma and Amanthan.
Please accept my sincere gratitude.

Sir
I would still appreciate your view on "real meaning of this suspension in context of gratuity" assuming that this ordinance shall be accorded by honourable President of India in coming days.

Does it mean
1) Gratuity will not be accrued and paid for these three years(susp need). However gratuity accrued till the date of enforcement of this ordinance shall be paid even if someone resign during these three years
Or

2) Gratuity will not be paid if someone resigns during this period to give advantage of additional liquidity to employer and gratuity accrured till date shall be paid post datedly after three years.

Regards
Nitin Jain

From India, New Delhi
Dear Nitin Jain,
The suspension of labor laws for three years in UP by means of an ordinance by UP Government ,although approved by the Governor of the state , has to be assented by President . Until then the ordinance has no effect . Further the ordinance envisages a temporary period of three years only.
Further the ordinance is not having retrospective effective so as to be detrimental to your gratuity for the past 11 years .
In view of uncertainty across all spheres of activities due to pandemic situation, it is advisable that you stick on to your present job and be assured that your gratuity for the past 11 years of services is protected .
IF you have any personal compulsion to leave the job , you better resign and collect your gratuity .
Panchsen
P.Senthilkumar

9884009193

From India, Chennai
Dear All,

The UP Govt Ordinance suspending certain Labour Laws was challenged along with certain other notifications issued by other States was challenged in the Supreme Court by Nandini Praveen, being Diary No. 11470/ 2020 but the same was dismissed on 17.06.2020.

Similarly another petition was filed in the Supreme Court by Pankaj Yadav, being Diary No. 11336/ 2020 challenging the Notifications issued changing the hours of work under the Factories Act by certain States including UP but the same was also dismissed on 17.06.2020.

A copy of the status of these two matters is attached. However, it is note worthy that the State of UP had withdrawn its Notification dated 08.05.2020 regarding changes made under the Factories Act vide its Notification dated 15.05.2020

From India, undefined

Attached Files
File Type: docx Case status of diary No.11470 of 2020 and 11336 of 2020.docx (16.4 KB, 2 views)

PGA is a central law which cannot be suspended by a State Government. Further, suspension of labours laws require president approval. Surprisingly, the UP Government has suspended two Acts which were part of code of wages Act 2019. On the other hand the central Government has not notified the rules for the code of Wages till today.


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