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The Ministry of Environment and Forests (“MoEF”) has taken the first step towards reducing the alarmingly growing menace of pollutants from the information age. The E –Waste (Management and Handling) Rules, 2011 framed under the Environment Protection, Act 1986 were published on May 30, 2011 and have come into effect on 1st May 2012. This step is significant in the light of the fact that India generates about 400,000 tonnes of e waste annually of which 19,000 tonnes are getting recycled. The Rules puts the onus on the producers and the consumers for reducing e-waste.
Learned Central Government Standing Counsel submitted that the award so far as the upholding the claims under claim Nos.8 to 75 are not seriously opposed and it need not be set aside, urging that the challenge to the award on the ground it is opposed to public policy is against the awarding of claims under 1 to 7, we are not impressed by that submission. When the award is found to be void as opposed to public policy no question of segregation of any part of the award would emerge for consideration
In the instant case, the power being sought to be attributed to the Copyright Board involves the grant of the final relief, which is the only relief contemplated under Section 31 of the Copyright Act. Even in matters under Order XXXIX Rules 1 and 2 and Section 151 of the Code of Civil Procedure, an interim relief granting the final relief should be given after exercise of great caution and in rare and exceptional cases. In the instant case, such a power is not even vested in the Copyright Board and hence the question of granting interim relief by grant of an interim compulsory licence cannot,
Special Provisions in respect of International Workers included in the Employees’ Provident Funds Scheme, 1952 as well as Employees’ Pension Scheme, 1995 have been given effect from 15t October, 2008. Subsequently, certain amendments have also been carried out vide notification dated 11th September, 2010 and the same were circulated vide Head Office letter No. Coord/5(15)/2009/IW/07733 dated 25/26th November, 2010. In pursuance of these amendments detailed instructions were issued vide this office letter No.IWU/7(6)2007/41959 dated 8th September, 2009 and No.IWU/7(11)/Compliance dated 30thAugust, 2011.
The Authority has issued standard instructions and guidelines applicable for approval/renewal of agents training institutes vide Ref: IRDA/AGTS/CIR/GLD/269/12/2011, dated 7th December, 2011.
May kindly refer to the subject cited above. As you are aware that the establishments covered under the EPF and MP Act, 1952 are required to remit provident fund contribution on monthly basis in respect of all the eligible employees. However, till 31.03.2012 (Before introduction of ECR) the contributions were reflected in the member’s account only after receiving details of subscription in Annual Returns i.e. 3A and 6A. At times, these returns were not submitted by the employers of the closed establishments although the PF office was in receipt of contributions by way of monthly remittances or recovery of the amount in default. The compliance measures initiated against such establishments to procure the returns, many a times did not yield result due to non-traceability of either the employers or the records. This finally results in non-payment of PF accumulations to the members.
Employees of a liquidated company can file their claim for provident fund, duly attested by any of the following authorized persons: ♦ Member of Parliament; ♦ Member of Legislative Assembly; ♦ Magistrate; ♦ A Gazetted Officer; ♦ Sarpanch of the Village;
The parties cannot be deprived of their rights to challenge the award on the ground that there is a delay of 2 years and four months and the Award as declared after such a long period, in our view, can be challenged under Section 34 of the Act. The party cannot be remedy-less. Even under Section 16, the objection even if decided, can be re-agitated under Section 34 of the Act. There is no such scheme for the delayed action of the Arbitrator. Considering the aforesaid aspects, in our view, the award is bad in law.
Trade Mark registration is quasi-judicial process and tends to be time consuming as it involves various steps, inter-alia, examination, publication and disposal of opposition. Sharp increase in the applications filed in the recent years and shortfall in manpower are the other reasons for delay.
The principle is that one who has made the decision having a judicial flavour should not participate in appeal arising from such a decision. In view of the aforesaid facts and circumstances and the principles of law I am of the opinion that the Commissioner has manifestly erred in law and acted against the settled principles of natural justice by deciding the appeal against his own order passed as an inferior authority.
