anand law classes

  THE EMPLOYEES' STATE INSURANCE ACT, 1948   Q. 1. Explain the following terms under the E.S.I. Act, 1948 (1) Employee (2) Immediate Employer (3) Principal Employer (4) Dependant.   Ans. (1) Employee.- 'Employee' means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies, and (i) who is directly employed by the principal employer to do any work of or incidental or preliminary to or connected with the work of the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere, or (ii) who is employed by or through an immediate employer on the premises of the factory or establishment, or under the supervision of the principal employer, or his agent on work, which is ordinarily part of the work of the factory or establishment, or which is preliminary to the work carried on or incidental to the purpose of the factory or establishment, or, (ii

  Q. . What is Bonus ? What is the time limit for the payment of Bonus? OR What is the time limit for the payment of bonus under the Payment of Bonus Act? Explain .   Ans. "Bonus"-"It is a boon or gift over and above what is normally due as remuneration by the receiver and which is, therefore, something wholly to the good." It is explained in the Oxford Dictionary as "something to the good into the bargain e.g., gratuity to the workmen beyond their wages". Bonus and wages should not be understood as one and intermixed. Employers pay bonus as an instrument to motivate their employees to work to the best of their capabilities. The Payment of Bonus Act, 1965 provides for the payment of a Statutory Bonus, which is often confused with the incentive bonus paid by employers. Unlike incentive bonus, which is an ex gratia payment, Statutory bonus is a compulsory payment by law. Payment of statutory bonus under the Payment of Bonus Act is not a matter of

  THE PAYMENT OF GRATUITY ACT, 1972   Q. 1. Under what circumstances gratuity becomes payable to an employee under Payment of Gratuity Act, 1972? Is Gratuity-A Statutory Right?   Ans. Before codification of the Payment of Gratuity Act, 1972 there was no Central Act to regulate the payment of gratuity to industrial workers, except the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955. The Government of Kerala enacted legislation for payment of gratuity to workers employed in factories, plantations, shops and establishments in 1971 and an ordinance was promulgated by the Governor of West Bengal on 3rd June 1971. Prescribing a similar scheme which was later replaced by the West Bengal Employee's Payment of Compulsory Gratuity Act, 1971. Payment of gratuity was also being made by some liberal employers under awards and settlements. On the lives of Kerala and West Bengal Acts some others States also expressed there opinion to make similar schemes

    EMPLOYEES' PROVIDENT FUND ACT, 1952   Q. 1. Write a note on the Employee's Provident Fund Scheme framed under the Employees Provident Fund Act, 1952   Ans. Employee's Provident Fund Scheme. --Section 5-A empowers the Central Government to frame the Employees' Provident Fund Scheme by notification in the Official Gazette. Such constituted scheme may provide any of the provisions of the scheme operative prospectively or retrospectively on specified date. Contribution to the fund shall be made for all those workmen who have worked atleast 240 days under the employer concerned. The Government will notify and specify the application of the scheme for employees, or for any class of employees, or factories or class of factories. After framing of the scheme a fund shall be established in accordance with the provisions of the scheme and the Act. The fund shall vest in and be administered by the Central Board constituted under Section 5-A. Provision of this section