Minister C.V. Ganesan introduces Bill in T.N. Assembly reducing penalty on employers failing to pay full wages
When Minister for Labour Welfare and Skill Development C.V. Ganesan tabled the Bill in the House, AIADMK's Agri S.S. Krishnamoorthy, Congress' S. Rajesh Kumar, CPI's T. Ramachandran, PMK's G.K. Mani, and Panruti MLA T. Velmurugan sought some corrections in it.
Earlier, as per Section 45-A of the Act, any employer who failed to comply with the provisions of Section 41-A shall be punishable with imprisonment for a term which may extend to six months or with fine, or both. However, the Bill tabled in the House on Tuesday, removed Section 45-A. 'Any employer who fails to comply a per Section 41-A shall be liable for penalty which may extend to ₹50,000 and where such failure is a continuing one, with a further penalty which may extend to ₹200 for every day,' it read.
If such failure continued after the imposition of penalty or compounding of contravention, the penalty shall not exceed ₹1 lakh in the aggregate, it said. As per Section 41-A of the Act, if the appellate authority directed the reinstatement of any employee and if the employer preferred any proceeding in a High Court or the Supreme Court, the employer was to pay full wages during the pendency of such proceedings.
The Bill also seeks to empower the State government to appoint an adjudicating officer(s), below the rank of Joint Commissioner of Labour, who would determine the penalties under the Act. It also provided for appeal over compounding of offences to the appellate authority. The government said it was making sincere efforts to implement the reforms envisaged in the Business Reforms Action Plan, 2024, and the Reducing Compliance Burden Plus 2024 (RCB 2024+) initiative.
'It is essential to decriminalise the offences under the Tamil Nadu Shops and Establishments Act, 1947, by replacing punishments of imprisonment and fine with penalties and to establish adjudication and appellate mechanism for ease of doing business,' the Bill read. The RCB 2024+, decriminalisation has been clarified as reducing the severity of punishments by removal of imprisonment, introduction of penalty mechanisms, proportionate or graded punishments, and establishing adjudication and appellate mechanisms, it said.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
2 hours ago
- The Hindu
Munambam Land Protection Council meets Jose K. Mani, seeks government intervention
Leaders of the Munambam Land Protection Council met with Kerala Congress (M) [KC(M)] chairperson Jose K. Mani, MP, on Sunday (July 6), seeking his intervention in resolving the long-standing Waqf land issue. The delegation, comprising Fr. Antony Xavier (patron of the council), chairperson Joseph Rockey and convener Joseph Benny, held a 45-minute discussion with Mr. Mani. They urged him to push for a permanent resolution to the land dispute and sought his support to bring the matter to the attention of the State government. Speaking after the meeting, Fr. Rockey said Mr. Mani had been approached in his capacity as a representative of the community. He also acknowledged the supportive stance Mr. Mani had taken in the Rajya Sabha in favour of the protesting families in Munambam. To expediate action 'Now that the judicial commission has submitted its report, we have requested Mr. Mani's help in expediting government action. It has been 268 days since our protest began and it will complete one year on October 13. We are hoping for an early and lasting resolution,' he said. Mr. Mani, for his part, assured the delegation that he would raise the issue with the State government. 'The matter is under the consideration of both the tribunal and a judicial commission. The concerns raised by the delegation will be brought to the attention of the Chief Minister and the relevant departments. We will do everything possible to address their grievances,' Mr. Mani said. The Kerala Congress (M) regards the meeting as a positive outcome of its ongoing efforts to reach out to the predominantly Catholic families protesting in Munambam. With Munambam residents Earlier, during the discussion on the Waqf (Amendment) Bill in the Rajya Sabha, Mr. Mani had made a pointed effort to align himself with the people of Munambam, who are locked in a legal dispute over land ownership before a Waqf tribunal. While he expressed partial support for certain provisions in the Bill, Mr. Mani ultimately voted against it. In his speech, Mr. Mani had backed key clauses such as the provision allowing court challenges to Waqf Board rulings and another revoking the board's unilateral power to designate land as Waqf property. At the same time, he voiced strong opposition to the Bill's controversial provisions allowing non-Muslim members in the Central Waqf Council and State Boards.
Hindustan Times
3 hours ago
- Hindustan Times
TMC MP Mahua Moitra moves SC against EC's revision of electoral rolls in Bihar
Trinamool Congress leader and Member of Parliament Mahua Moitra has moved the Supreme Court challenging an order of the Election Commission of India for special intensive revision of electoral rolls in Bihar. TMC leader Mahua Moitra during the launch of a book in Delhi in May.(PTI) In her plea, Moitra said she seeks setting aside of the order dated June 24 under which Special Intensive Revision (SIR) is being conducted in alleged violation of various provisions of the Constitution. "The present writ petition has been filed in public interest under Article 32 of the Constitution seeking setting aside of order dated 24.06.2025 issued by Election Commission of India under which SIR of electoral rolls in Bihar is being conducted in violation of Articles 14, 19(1)(a), 21, 325, 328 of the Constitution and provisions of Representation of People (RP) Act, 1950 and Registration of Electors (RER) Rules, 1960 which, if not set aside, can lead to large-scale disenfranchisement of eligible voters in the country thereby undermining democracy and free and fair elections," it submitted. Moitra further sought a direction from the apex court to restrain the Election Commission of India from issuing similar orders for SIR of electoral rolls in other states of the country. "It is submitted that it is for the very first time in the country that such an exercise is being conducted by ECI, where electors whose names are already there in electoral rolls and who have already voted multiple times in are being asked to prove their eligibility," the plea filed through advocate Neha Rathi said. The plea said "the impugned SIR order requires the inclusion or retention of a voter's name in the electoral roll upon production of citizenship documents, including proof of citizenship of either or both parents, failing which the voter is at risk of requirement is ultra vires Article 326 and introduces extraneous qualifications not contemplated by the Constitution of the RP Act 1950.' A similar plea has also been filed by NGO Association of Democratic Reforms challenging the poll panel's direction for SIR of electoral rolls in Bihar. The EC on June 24 issued instructions to carry out an SIR in Bihar, apparently to weed out ineligible names and ensure only eligible citizens are included in the electoral roll. Bihar goes to polls later this year. The NGO has also sought setting aside of the order and communication, arguing that it violates Articles 14, 19, 21, 325, and 326 of the Constitution, as well as provisions of the Representation of People's Act, 1950, and Rule 21A of the Registration of Electors Rules, 1960. The NGO's plea filed through advocate Prashant Bhushan said the EC order "can arbitrarily and without due process" disenfranchise lakhs of voters and disrupt free and fair elections. "That the documentation requirements of the directive, lack of due process as well as the unreasonably short timeline for the said Special Intensive Revision of Electoral Roll in Bihar further make this exercise bound to result in removal of names of lakhs of genuine voters from electoral rolls leading to their disenfranchisement," the plea said. The last such revision in Bihar was conducted in 2003. According to the EC, the exercise was necessitated by rapid urbanisation, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and inclusion of the names of foreign illegal immigrants. It said with the exercise, it wants to ensure the integrity and preparation of error-free electoral rolls. The SIR is being conducted by booth officers, who are conducting a house-to-house survey for verification. The EC said it will scrupulously adhere to the constitutional and legal provisions as laid down in Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950, in carrying out the revision. Several other civil society organisations like PUCL and activists like Yogendra Yadav have approached the top court against the ECI's direction.
NDTV
4 hours ago
- NDTV
"Irrational": Delhi Lt Governor Slams Order On End-Of-Life Vehicles
It is irrational to imagine that a 10-year-old diesel vehicle has reached its end of life despite remaining roadworthy in Delhi, Lieutenant Governor (L-G) VK Saxena has said, as he urged Chief Minister Rekha Gupta to file a review petition in the Supreme Court against its 2018 order that banned diesel vehicles older than 10 years and petrol vehicles older than 15 years in the national capital. In a letter to Ms Gupta recently, the L-G flagged key challenges in the Commission of Air Quality Management (CAQM)'s restrictions on the movement of such vehicles on the city's roads, and raised concerns over the "inconsistencies, practical hurdles, and disproportionate socio-economic impacts" of such curbs, particularly on the middle class. He said he has received "innumerable representations, calls and messages" from citizens, public representatives and environmental experts, all of whom have questioned the feasibility and fairness of the order. The fight against air pollution is non-negotiable but its policy implementation must be "proportionate, non-arbitrary and grounded in legal and environmental rationale", he added. The Delhi government had banned fuel for end-of-life vehicles - 10 years or older for diesel vehicles and 15 years or older for petrol vehicles - that are deregistered and not allowed to ply on the roads from July 1, following a court order. On Thursday, the government requested the Commission for Air Quality Management (CAQM) to put the ban on hold with immediate effect, arguing that the fuel ban on overage vehicles is not feasible due to technological challenges. In his letter to the Chief Minister, the L-G acknowledged the efforts made by her government to ask the CAQM to pause the ban and called the order a violation of the principles of legal certainty and equal treatment. He highlighted a fundamental policy flaw in equating a vehicle's age with pollution, without accounting for its actual emission levels or mechanical fitness. Such a "blanket" approach, Mr Saxena said, may cause undue hardship to responsible vehicle owners - especially those who maintain their vehicles well or have invested in low-emission, high-end models. The L-G questioned the CAQM's directive in light of existing national laws, notably the Motor Vehicles Act, 1988. He argued that the uniform application of Section 59 of the Act - which allows the central government to prescribe vehicle life - clashes with region-specific restrictions like the 10 and 15-year caps on diesel and petrol vehicles in Delhi. Besides, he underlined the economic and emotional burden the ban would place on the middle class. "For people of the middle class, buying a vehicle is an investment of hard-earned life savings," he wrote. He criticized the policy for compelling citizens to dispose of well-maintained, low-mileage vehicles at scrap value, merely because of their age and the owner's residence in the Capital. He warned that such a measure could be seen as discriminatory and regressive, with no such enforcement in other parts of the country. Mr Saxena acknowledged that vehicular pollution is indeed a contributor to Delhi's air quality crisis but argued that reforms must go beyond "rigid age-based classifications". He recommended that the policy consider factors like retrofitment, emission test outcomes, and vehicle usage patterns - particularly for newer BS-VI vehicles, which are significantly less polluting than their older counterparts. LG Saxena proposed a multi-pronged approach for the Delhi Government: File a review petition before the Hon'ble Supreme Court, apprising it of the range of infrastructure, transportation, and environmental initiatives taken by the city and Central governments in recent years - including metro expansion, RRTS corridors, electric vehicle policy, and massive greening efforts. Engage with the CAQM to reconsider the directive banning fuel to ELVs, and seek a temporary abeyance until the entire NCR is prepared to uniformly enforce such a policy. Request the Ministry of Road Transport and Highways (MORTH) to revisit the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021, in light of legal and practical concerns. Draft a comprehensive Air Pollution Mitigation Plan within months with clear timelines, investments, and sector-specific strategies - covering areas such as public transport, electric vehicle incentives, road dust mitigation, and retrofitting policies. Launch a public awareness and incentive campaign to encourage vehicle owners to convert old vehicles to cleaner fuels like CNG or electric, rather than outright scrapping. The L-G also insisted that environmental policies must be legally sound, socioeconomically sensitive, and grounded in contemporary technological realities. "It would be a travesty of justice," he concluded, "to impound and scrap vehicles that have run a few thousand kilometers and are perfectly maintained, just because of arbitrary age thresholds."
