Rahul Kunwar

#CEO @timerahul #HRConsultant #legaladviser #labourlaw #Leadership #RTIActiviest #Blogger

[ClickNexi @ClickNexi]

Get ahead of the game with the latest update on Social Security! 📈 The proposed hike in the EPF wage ceiling to ₹25,000 is set to bring millions of workers under mandatory coverage. Stay compliant and informed with ClickNexi's expert advisory services. #EPFO #ClickNexi

[Labour Law Reporter @LabourReports]

What special expense components are excluded from the definition of “wages” under the Labour Codes?
Yajat Kumar, Advocate, Supreme Court of India.

[Labour Law Reporter @LabourReports]

2026 LLR WEB 1086 (DELHI HIGH COURT)
EPF wage-ceiling for deductions cannot be de-linked absent statutory amendment; autonomous body's service benefits require formal adoption to become enforceable.
EMPLOYEES' PROVIDENT FUND - Wage ceiling - Assured Career Progression Scheme - Autonomous body - Formal adoption - Internal notings - Health/welfare scheme benefits - Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Employees' Provident Fund Scheme, 1952 - Petitioners, employees/retired employees of an autonomous body, sought de-linking of the EPF deduction ceiling, extension of DGEHS health scheme benefits,... subscribe to read more.....

[Labour Law Reporter @LabourReports]

2026 LLR WEB 1090 (KARNATAKA HIGH COURT)
A private Workmen's Compensation policy may validly exclude the insurer's liability for interest, which then falls solely on the employer.
WORKMEN'S COMPENSATION - Insurance policy exclusion clause - Liability to pay interest - Contracting out - Distinction from Motor Vehicles Act policies - Section 17, Workmen's Compensation Act, 1923 - Section 147, Motor Vehicles Act, 1988 - The deceased workman died in an accident during employment with respondent No.4 - Tribunal awarded compensation with 12% p.a. interest, holding the Insurance Company jointly liable for both... subscribe to read more.....

[Labour Law Reporter @LabourReports]

🔥 𝗖𝗔𝗡 𝗔 𝗪𝗘𝗟𝗙𝗔𝗥𝗘 𝗢𝗙𝗙𝗜𝗖𝗘𝗥 𝗜𝗡𝗩𝗘𝗦𝗧𝗜𝗚𝗔𝗧𝗘 𝗔 𝗣𝗢𝗦𝗛 𝗖𝗢𝗠𝗣𝗟𝗔𝗜𝗡𝗧 𝗝𝗨𝗦𝗧 𝗕𝗘𝗖𝗔𝗨𝗦𝗘 𝗦𝗛𝗘 𝗜𝗦 𝗔𝗟𝗦𝗢 𝗔𝗡 𝗜𝗖 𝗠𝗘𝗠𝗕𝗘𝗥?

➤ Many organisations may instinctively say:

“She is an IC member too. So what is the problem?”

⚠️ Under the new Labour Codes framework, that assumption can create a serious compliance risk.

✦ 𝗧𝗪𝗢 𝗥𝗢𝗟𝗘𝗦. 𝗧𝗪𝗢 𝗦𝗧𝗔𝗧𝗨𝗧𝗢𝗥𝗬 𝗙𝗥𝗔𝗠𝗘𝗪𝗢𝗥𝗞𝗦.

The same person may be:

🅐 Welfare Officer under the OSH&WC framework

🅑 Member of the Internal Committee under the POSH Act, 2013

But the powers attached to these two roles cannot automatically be merged.

❶ 𝗪𝗛𝗢 𝗛𝗔𝗦 𝗧𝗛𝗘 𝗣𝗢𝗪𝗘𝗥 𝗧𝗢 𝗜𝗡𝗤𝗨𝗜𝗥𝗘?

➠ Section 11 of the POSH Act places the statutory inquiry in the hands of the Internal Committee.

It is the IC that conducts the inquiry.

Not the Welfare Officer acting individually.

Not HR acting independently.

Not one IC member acting alone.

➝ The prescribed quorum requirements of the POSH Rules must also be satisfied.

❷ 𝗡𝗢𝗪 𝗥𝗘𝗔𝗗 𝗥𝗨𝗟𝗘 57(vi) 𝗢𝗙 𝗧𝗛𝗘 𝗢𝗦𝗛&𝗪𝗖 𝗖𝗘𝗡𝗧𝗥𝗔𝗟 𝗥𝗨𝗟𝗘𝗦, 2026

It specifically provides that Welfare Officers shall not deal with disciplinary cases.

That sentence changes the entire discussion.

Why?

Because under Section 13 of the POSH Act, if sexual harassment is proved, the IC can recommend action against the respondent for misconduct under the applicable service rules.

➼ In other words, the POSH inquiry can directly lead to disciplinary consequences.

❸ 𝗖𝗔𝗡 𝗦𝗛𝗘 𝗦𝗜𝗠𝗣𝗟𝗬 𝗦𝗔𝗬:

“Today I am not acting as Welfare Officer. I am acting only as an IC member.”

That argument is not free from legal risk.

The POSH Act does not expressly disqualify a Welfare Officer from being nominated as an IC member.

But Rule 57(vi) cannot simply be wished away.

The prohibition is important because a Welfare Officer is intended to perform welfare, liaison and grievance-related functions, not become part of disciplinary decision-making.

✦ 𝗧𝗛𝗘 𝗦𝗔𝗙𝗘𝗥 𝗖𝗢𝗠𝗣𝗟𝗜𝗔𝗡𝗖𝗘 𝗣𝗢𝗦𝗜𝗧𝗜𝗢𝗡

➤ A Welfare Officer may facilitate grievances and employee welfare matters.

➤ A Welfare Officer should not investigate or dispose of a POSH complaint in her capacity as Welfare Officer.

➤ The statutory inquiry must be conducted by a properly constituted Internal Committee.

➤ Where the Welfare Officer is also an IC member, employers should carefully assess Rule 57(vi) before allowing her to participate in a disciplinary POSH inquiry.

⚖️ 𝗧𝗛𝗘 𝗕𝗜𝗚 𝗧𝗔𝗞𝗘𝗔𝗪𝗔𝗬

A dual designation does not automatically mean dual authority.

Different statutes create different powers, duties and restrictions.

And in POSH matters, even a genuine complaint can become legally vulnerable if the inquiry itself is procedurally defective.

🔥 𝗙𝗢𝗥𝗠𝗜𝗡𝗚 𝗔𝗡 𝗜𝗖 𝗜𝗦 𝗡𝗢𝗧 𝗘𝗡𝗢𝗨𝗚𝗛.

𝗧𝗛𝗘 𝗥𝗜𝗚𝗛𝗧 𝗣𝗘𝗢𝗣𝗟𝗘 𝗠𝗨𝗦𝗧 𝗘𝗫𝗘𝗥𝗖𝗜𝗦𝗘 𝗧𝗛𝗘 𝗥𝗜𝗚𝗛𝗧 𝗣𝗢𝗪𝗘𝗥𝗦 𝗨𝗡𝗗𝗘𝗥 𝗧𝗛𝗘 𝗥𝗜𝗚𝗛𝗧 𝗟𝗔𝗪.

➤ Follow LLR

[Rahul Kunwar @time_rahul]

Inside a POSH Inquiry: Why Presiding Officers and Internal Committee Members Need More Than a Policy | Chandra Deo | Author | POSH Trainer | ClickNexi https://t.co/QK2MOnLoBf @LinkedIn #POSH #POSHAct2013 #POSHCompliance #POSHInquiry #InternalCommittee #ICMembers #NaturalJustice

[Narendra Modi @narendramodi]

Shared the four priorities for India’s FinTech sector.

[Rahul Kunwar @time_rahul]

@advocatevkgupta @AshwiniVaishnaw @RailMinIndia @IRCTCofficial Absolutely agree. The repeated “High Load – Please retry” issue during peak booking hours is seriously affecting passenger experience. IRCTC should urgently review the system capacity, server response and booking infrastructure so that passengers can book tickets

[Rahul Kunwar @time_rahul]

NCLAT Challenge to Subhash Chandra’s ₹6.25 Crore Repayment Plan: What the IBC Dispute Really Means https://t.co/UqTZYi9gwZ via @LinkedIn #NCLAT #SubhashChandra #Compliance

[Rahul Kunwar @time_rahul]

The Supreme Court declined to interfere with the NCLAT order protecting Jet Airways workmen’s PF, Gratuity & Pension dues from the liquidation estate
https://t.co/WMOU0PTydH

#JetAirways #IBC #NCLAT #SupremeCourt #Insolvency #LabourLaw @ClickNexi @LabourMinistry @LLR_INDIA

[Rahul Kunwar @time_rahul]

JET AIRWAYS | PF & GRATUITY IN IBC LIQUIDATION
The Supreme Court declined to interfere with the NCLAT order protecting Jet Airways workmen’s PF, gratuity & pension dues from the liquidation estate.
https://t.co/oW2F24ZcVM via @LinkedIn

[Labour Law Reporter @LabourReports]

🔥 𝗜𝗡 𝟭𝟵𝟳𝟴, 𝗟𝗟𝗥 𝗦𝗧𝗢𝗢𝗗 𝗕𝗘𝗙𝗢𝗥𝗘 𝟳 𝗦𝗨𝗣𝗥𝗘𝗠𝗘 𝗖𝗢𝗨𝗥𝗧 𝗝𝗨𝗗𝗚𝗘𝗦.
𝟰𝟴 𝗬𝗘𝗔𝗥𝗦 𝗟𝗔𝗧𝗘𝗥, 𝗬𝗔𝗝𝗔𝗧 𝗞𝗨𝗠𝗔𝗥 𝗦𝗧𝗢𝗢𝗗 𝗕𝗘𝗙𝗢𝗥𝗘 𝟵 — 𝗢𝗡 𝗧𝗛𝗘 𝗦𝗔𝗠𝗘 𝗗𝗘𝗙𝗜𝗡𝗜𝗡𝗚 𝗤𝗨𝗘𝗦𝗧𝗜𝗢𝗡:
𝗪𝗛𝗔𝗧 𝗜𝗦 𝗔𝗡 “𝗜𝗡𝗗𝗨𝗦𝗧𝗥𝗬”?

In 1978, Late Sh. H.L. Kumar, Founder Editor-in-Chief of Labour Law Reporter, appeared before the 7-Judge Bench in 𝗕𝗮𝗻𝗴𝗮𝗹𝗼𝗿𝗲 𝗪𝗮𝘁𝗲𝗿 𝗦𝘂𝗽𝗽𝗹𝘆 & 𝗦𝗲𝘄𝗲𝗿𝗮𝗴𝗲 𝗕𝗼𝗮𝗿𝗱 𝘃. 𝗔. 𝗥𝗮𝗷𝗮𝗽𝗽𝗮.

That landmark decision gave Indian labour jurisprudence the 𝗧𝗿𝗶𝗽𝗹𝗲 𝗧𝗲𝘀𝘁 and 𝗗𝗼𝗺𝗶𝗻𝗮𝗻𝘁 𝗡𝗮𝘁𝘂𝗿𝗲 𝗧𝗲𝘀𝘁 for Section 2(j) of the Industrial Disputes Act, 1947.

➠ 𝗧𝗵𝗲𝗻 𝗰𝗮𝗺𝗲 𝟮𝟬𝟮𝟲.

𝗦𝗵. 𝗬𝗮𝗷𝗮𝘁 𝗞𝘂𝗺𝗮𝗿 — Advocate, Supreme Court of India & Editor, Labour Law Reporter — represented one of the parties before the 9-Judge Bench in 𝗦𝘁𝗮𝘁𝗲 𝗼𝗳 𝗨.𝗣. 𝘃. 𝗝𝗮𝗶 𝗕𝗶𝗿 𝗦𝗶𝗻𝗴𝗵, CA No. 897/2002.

✦ 𝗬𝗔𝗝𝗔𝗧 𝗞𝗨𝗠𝗔𝗥’𝗦 𝗖𝗢𝗥𝗘 𝗖𝗢𝗡𝗧𝗘𝗡𝗧𝗜𝗢𝗡

Relying on 𝗻𝗼𝘀𝗰𝗶𝘁𝘂𝗿 𝗮 𝘀𝗼𝗰𝗶𝗶𝘀, it was argued that “industry” cannot be tested merely by the manner in which an organised activity is carried on.

➝ The 𝗻𝗮𝘁𝘂𝗿𝗲 𝗼𝗳 𝘁𝗵𝗲 𝗮𝗰𝘁𝗶𝘃𝗶𝘁𝘆 must also bear analogy to trade or business.
➝ The activity must be considered in the context of material goods, wealth or material services.
➝ The interpretation of “material services” in 𝗦𝗮𝗳𝗱𝗮𝗿𝗷𝘂𝗻𝗴 𝗛𝗼𝘀𝗽𝗶𝘁𝗮𝗹 was supported.

❶ 𝗧𝗛𝗘 𝗖𝗝𝗜’𝗦 𝗢𝗣𝗜𝗡𝗜𝗢𝗡

Chief Justice Surya Kant, for himself and Justices Satish Chandra Sharma, Alok Aradhe and Vipul M. Pancholi, gave renewed emphasis to the “nature of activity”.

It should possess a 𝗱𝗶𝘀𝗰𝗲𝗿𝗻𝗶𝗯𝗹𝗲 𝗰𝗼𝗺𝗺𝗲𝗿𝗰𝗶𝗮𝗹 𝗰𝗵𝗮𝗿𝗮𝗰𝘁𝗲𝗿 analogous to trade or business, with emphasis equal to the employer-employee basis. Significantly, the opinion described this reformulation as 𝗵𝘆𝗽𝗼𝘁𝗵𝗲𝘁𝗶𝗰𝗮𝗹.

❷ 𝗧𝗛𝗘 𝗢𝗧𝗛𝗘𝗥 𝗢𝗣𝗜𝗡𝗜𝗢𝗡𝗦

↳ Justice B.V. Nagarathna: 𝗕𝗮𝗻𝗴𝗮𝗹𝗼𝗿𝗲 𝗪𝗮𝘁𝗲𝗿 remains good law and binding.
↳ Justice P.S. Narasimha: declined to adjudicate its validity in view of repeal of the ID Act and introduction of the IR Code.
↳ Justice Dipankar Datta, with Justice Ujjal Bhuyan: Reference not maintainable; 𝗕𝗮𝗻𝗴𝗮𝗹𝗼𝗿𝗲 𝗪𝗮𝘁𝗲𝗿 remains good law.
↳ Justice Joymalya Bagchi: Reference maintainable, but the 1978 ratio should be retained; Section 2(p) of the IR Code should be interpreted independently.

➤ 𝗧𝗛𝗘 𝗕𝗜𝗚 𝗧𝗔𝗞𝗘𝗔𝗪𝗔𝗬

For pending disputes under the ID Act, 𝗕𝗮𝗻𝗴𝗮𝗹𝗼𝗿𝗲 𝗪𝗮𝘁𝗲𝗿 continues to govern. The definition of “industry” under Section 2(p) of the Industrial Relations Code, 2020 must be interpreted on its own terms.

For LLR, this is more than a judgment — it is a 𝟰𝟴-𝘆𝗲𝗮𝗿 𝗹𝗲𝗴𝗮𝗹 𝗹𝗲𝗴𝗮𝗰𝘆: from Late Sh. H.L. Kumar before 7 Judges to Sh. Yajat Kumar before 9 Judges.

𝗖𝗼𝗻𝘀𝘂𝗹𝘁 𝗟𝗟𝗥 𝗳𝗼𝗿 𝗟𝗮𝗯𝗼𝘂𝗿 𝗖𝗼𝗱𝗲𝘀 𝗶𝗺𝗽𝗹𝗲𝗺𝗲𝗻𝘁𝗮𝘁𝗶𝗼𝗻:

📘 𝗦𝘂𝗯𝘀𝗰𝗿𝗶𝗯𝗲 𝘁𝗼 𝗟𝗟𝗥

Print / Digital / eBook / Corporate Plans available.

📩 𝗘𝗺𝗮𝗶𝗹: mailto:[email protected]

📞 𝗖𝗮𝗹𝗹: [phone] | [phone]

🌐 𝗪𝗲𝗯𝘀𝗶𝘁𝗲: https://t.co/n1TdXCyc1w

[ClickNexi @ClickNexi]

🌧️ GURUGRAM WEATHER ADVISORY | WORK FROM HOME

🏢 Corporate offices and Government & private schools/institutions have been advised to guide their employees to work from home from 25 August 2026.

Follow ClickNexi for important regulatory, workplace and compliance updates

[ClickNexi @ClickNexi]

📢 West Bengal Professional Tax Revised Slabs 2026

Effective 1 Oct 2026.

💰 Up to ₹20,000 → NIL
₹20,001–₹30,000 → ₹100
₹30,001–₹50,000 → ₹140
₹50,001–₹1L → ₹170
Above ₹1L → ₹208/month

Know your liability. Stay compliant. ✅

#WestBengal #ProfessionalTax

[Labour Law Reporter @LabourReports]

🚨 𝐂𝐚𝐧 𝐚𝐧 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐫 𝐜𝐡𝐚𝐧𝐠𝐞 𝐰𝐚𝐠𝐞𝐬, 𝐬𝐡𝐢𝐟𝐭𝐬, 𝐰𝐨𝐫𝐤𝐢𝐧𝐠 𝐡𝐨𝐮𝐫𝐬 𝐨𝐫 𝐥𝐞𝐚𝐯𝐞 𝐜𝐨𝐧𝐝𝐢𝐭𝐢𝐨𝐧𝐬 𝐨𝐯𝐞𝐫𝐧𝐢𝐠𝐡𝐭?

In many cases, 𝐍𝐨.

A policy circular or revised HR instruction may not be enough when the proposed change affects a worker’s existing service conditions.

Under 𝐒𝐞𝐜𝐭𝐢𝐨𝐧 𝟒𝟎 of the Industrial Relations Code, 2020, an employer proposing a change concerning a matter in the 𝐓𝐡𝐢𝐫𝐝 𝐒𝐜𝐡𝐞𝐝𝐮𝐥𝐞 must ordinarily give prior notice to the workers likely to be affected—and the change should not take effect within 𝟐𝟏 𝐝𝐚𝐲𝐬 of such notice.

✦ 𝐖𝐡𝐲 𝐭𝐡𝐢𝐬 𝐦𝐚𝐭𝐭𝐞𝐫𝐬

A workplace decision may appear operational, but legally it may alter a protected condition of service.

The real question is not merely:

➝ “Can management take this decision?”

The better question is:

➼ “Does it change an existing service condition relating to a Third Schedule matter?”

❶ 𝐂𝐡𝐚𝐧𝐠𝐞𝐬 𝐭𝐡𝐚𝐭 𝐦𝐚𝐲 𝐭𝐫𝐢𝐠𝐠𝐞𝐫 𝐧𝐨𝐭𝐢𝐜𝐞

➤ Wages, allowances and mode or period of payment
➤ Hours of work and rest intervals
➤ Leave and holidays
➤ Introduction, alteration or discontinuance of shift working
➤ Classification by grades
➤ Withdrawal of customary concessions or privileges
➤ Disciplinary rules
➤ Rationalisation or improved techniques likely to cause retrenchment
➤ Increase or reduction in workforce beyond casual fluctuation

❷ 𝐖𝐡𝐞𝐧 𝐧𝐨𝐭𝐢𝐜𝐞 𝐦𝐚𝐲 𝐧𝐨𝐭 𝐛𝐞 𝐫𝐞𝐪𝐮𝐢𝐫𝐞𝐝

↳ The change is made under a settlement or award
↳ It is implemented in accordance with certified standing orders
↳ It does not actually alter a service condition on a scheduled matter

🅐 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐬𝐢𝐠𝐧𝐚𝐥𝐬

✦ Tata Iron & Steel Co. Ltd. v. Their Workmen
Notice is attracted when the proposed change concerns a scheduled matter affecting service conditions.

✦ Workmen of Food Corporation of India v. Food Corporation of India
The substance matters more than the label. The test is whether an existing service condition is genuinely altered.

✦ Lokmat Newspapers Pvt. Ltd. v. Shankarprasad
Not every managerial decision automatically becomes a notice-of-change issue; its nature, context and impact must be examined.

The jurisprudence under predecessor Section 9A remains highly relevant while interpreting Section 40.

🅑 𝐄𝐦𝐩𝐥𝐨𝐲𝐞𝐫 𝐜𝐡𝐞𝐜𝐤𝐥𝐢𝐬𝐭

➝ Identify the exact Third Schedule item
➝ Compare the existing and proposed condition
➝ Review standing orders, settlements and awards
➝ Issue and display the prescribed notice
➝ Maintain proof of service and publication
➝ Wait for the statutory period
➝ Confirm whether Central or State jurisdiction applies

⚠️ 𝐀 𝐜𝐡𝐚𝐧𝐠𝐞 𝐦𝐚𝐲 𝐛𝐞 𝐛𝐮𝐬𝐢𝐧𝐞𝐬𝐬-𝐝𝐫𝐢𝐯𝐞𝐧, 𝐛𝐮𝐭 𝐢𝐭𝐬 𝐢𝐦𝐩𝐥𝐞𝐦𝐞𝐧𝐭𝐚𝐭𝐢𝐨𝐧 𝐦𝐮𝐬𝐭 𝐬𝐭𝐢𝐥𝐥 𝐛𝐞 𝐥𝐚𝐰𝐟𝐮𝐥.

𝐂𝐥𝐚𝐬𝐬𝐢𝐟𝐲 𝐭𝐡𝐞 𝐜𝐡𝐚𝐧𝐠𝐞.
𝐂𝐡𝐞𝐜𝐤 𝐭𝐡𝐞 𝐒𝐜𝐡𝐞𝐝𝐮𝐥𝐞.
𝐒𝐞𝐫𝐯𝐞 𝐭𝐡𝐞 𝐧𝐨𝐭𝐢𝐜𝐞.
𝐃𝐨𝐜𝐮𝐦𝐞𝐧𝐭 𝐭𝐡𝐞 𝐩𝐫𝐨𝐜𝐞𝐬𝐬.

Follow 𝐋𝐋𝐑 for more Legal Insights and updates.

[Labour Law Reporter @LabourReports]

2026 LLR WEB 908 (ANDHRA PRADESH HIGH COURT)
Police authorities lack jurisdiction to interfere in internal affairs of a registered trade union, and municipal/revenue endorsements altering a union's recognized status without hearing violate natural justice.
TRADE UNIONS - Registered union - Majority union status - Interference by police in internal union affairs - Municipal records - Natural justice - Trade Unions Act, 1926 - The Petitioner Union, registered and affiliated to INTUC since 1975, was allotted land in 1984, constructed its office, and continuously paid municipal taxes in its name - Following representations by non-members, the Tahsildar issued an endorsement leading to alteration of municipal records,... subscribe to read more.....
https://t.co/5TRId619V8

[Rahul Kunwar @time_rahul]

@XISSRanchi Congratulations Sir

[Rahul Kunwar @time_rahul]

@pratikvaidya @asianpaints Public roads cannot be treated as private work zones. If any road occupation is required for construction activities, the contractor should have prior approval from the concerned civic and traffic authorities, along with adequate safety measures #RoadSafety #PublicSafety #Mumbai

[PRATIK VAIDYA @pratikvaidya]

🚨 How is this acceptable?

A huge construction truck has been parked right in the middle of an internal road at Shanti Nagar, Vakola, Santacruz East, apparently for ongoing @asianpaints construction work.

Motorists are forced to risk scraping their vehicles while pedestrians and two-wheelers navigate a dangerous bottleneck. On top of it, concerns raised by citizens are being casually dismissed.

Has the contractor obtained valid permissions for blocking a public road with heavy vehicles?

Request immediate inspection and action.

@asianpaints @mybmc @MumbaiPolice @MTPHereToHelp @CPMumbaiPolice @mybmcWardHE

#Vakola #SantacruzEast #ShantiNagar #MumbaiTraffic #RoadSafety #ConstructionSafety #PublicSafety

[Rahul Kunwar @time_rahul]

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