1. Madras HC Strikes Down EPFO Circular Restricting Higher Pensions for Employees
The Madurai Bench of the Madras High Court on 02-09-25 in the case of D. Chandirasegar & Ors. v. Union of India & Ors., W.P(MD)Nos.29573 to 29578 of 2024 set aside an Employees' Provident Fund Organisation (EPFO) circular which had declared that eligibility for Pension on Higher Wages (PoHW) in establishments exempted under Employee Provident Fund (EPF) Scheme, 1952 must follow the existing Trust rules, and any amendments made in the Trust rules after the Supreme Court's ruling in EPFO & Anr. v. Sunil Kumar & Ors., (2023) 12 SCC 701 cannot be applied to members' applications. This circular was challenged by the retired Employees of BHEL, Trichy.
Key findings include:
-
Trust Rules cannot override statutory benefits under the EPS, 1995.
-
BHEL, Trichy, was not exempted under EPS Scheme, and therefore conditions of PF exemption could not be used to deny pension rights.
-
The EPF Scheme requires that any amendment more beneficial to employees automatically applies, irrespective of Trust Rule amendments.
-
Any Trust Rule barring higher contributions is void if inconsistent with statutory provisions.
-
On remittance of the differential contribution amount with applicable interest to EPFO, employees shall be entitled to higher pension disbursed from the succeeding month.
2. Maharashtra Cabinet Approves Major Labour Law Amendments in Maharashtra
The Maharashtra Cabinet on 03-09-25 approved certain amendments to two significant labour laws: the Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017 and the Factories Act, 1948. The actual amendments will be brought into effect through an ordinance to be issued by the state government. Key changes include:
*The following information is compiled from the data available on various news sources. Official cabinet decisions are yet to be published*
| Aspect | Maharashtra Shops & Establishments Act, 2017 (establishments with 20+ workers) | Factories Act, 1948 |
|---|---|---|
| Daily Working Hours | Increased from 9 → 10 hours | Increased from 9 → 12 hours |
| Weekly Working Hours | Up to 60 hours (with entitlement to 2 paid leave days if full quota worked) | Extended from 10.5 → 12 hours |
| Overtime Limits | Raised from 125 → 144 hours per quarter | Raised from 115 → 144 hours per quarter |
| Overtime Compensation | Double pay for overtime, after 9 hrs/day or 48 hrs/week | Double pay for overtime (unchanged) |
| Consent for Overtime | Mandatory written consent | Overtime/extension subject to employee consent |
| Emergency Duty Hours | Cap on urgent work hours removed | — |
| Rest Breaks | After 6 hours (previously 5); minimum 30 minutes | After 6 hours (previously 5) |
3. Government of Maharashtra Issues Policy on Hoardings on Government Land
The Government of Maharashtra on 15-09-25 issued a new policy with respect to erection of advertisement hoardings on all government land (urban, semi-urban, rural, and highway-adjacent) in each district. Hoarding rights can now be obtained only through e-auctions conducted by the District Collector. Key points from the policy include:
| Category | Key Requirements |
|---|---|
| Eligibility |
|
| Auction Process |
|
| Lease Terms |
|
| Licence Fee |
|
| Obligations |
|
| Restrictions |
|
4. Supreme Court Enforces Limitation under POSH Act, Dismisses Complaint but Orders Record of Misconduct
The Supreme Court of India on 12-09-25 in the case of Vaneeta Patnaik v. Nirmal Kanti Chakrabarti & Ors., (2025 INSC 1106), clarified the scope of “sexual harassment” under the Prevention of Sexual Harassment of Women at Workplace (POSH) Act, 2013, while also upholding the strict limitation period prescribed under Section 9 of the Act. The matter arose from a complaint by Ms. Vaneeta Patnaik, a faculty member of NUJS, Kolkata, against the Vice Chancellor, Dr. Nirmal Kanti Chakrabarti, relating to incidents dating back to 2019, with the last alleged act in April 2023. The complaint filed by her in December 2023 with the Local Complaints Committee was dismissed for being time-barred, a decision ultimately upheld by the Supreme Court.
Key findings include:
- Sexual harassment under Sections 2(n) and 3 POSH Act covers both direct acts (unwelcome physical/sexual advances, remarks, pornography) and indirect conduct creating a hostile environment.
- Institutional or administrative actions, such as removal from directorship or disciplinary inquiries, are not in themselves incidents of sexual harassment unless directly connected to the misconduct.
- Section 9 requires filing complaint within three months of the last incident, extendable by three months for sufficient cause. The Court observed that the act in April 2023 act was a completed wrong, and subsequent administrative actions could not extend limitation.
- Accordingly, the December 2023 complaint was barred by limitation, and the Local Complaints Committee's decision to dismiss it was upheld.
- While dismissing the appeal, the Court directed that the allegations be recorded in the Vice Chancellor's professional resume to ensure accountability and prevent erasure of the incidents.
5. Maharashtra Announces Removal of NA Certificate Requirement for Micro and Small Enterprises
At a policy reforms meeting held on 18-09-25 under the chairmanship of Chief Minister Devendra Fadnavis, several issues were discussed including the procedure for obtaining Non-Agricultural (NA) land by Micro and Small Enterprises, a payment system for Micro, Small and Medium Enterprises (MSME) and enhancing worker efficiency.
Key decisions include:
- Elimination of NA certificate which will expedite industrial setup by reducing procedural delays.
- An online portal with automated payment tracking will be created to ensure timely clearance of government dues to MSMEs.
- Industries will be required to conduct regular skill enhancement training programmes for workers and introduce scholarship schemes to support workforce development.
*The details of these reforms remain to be officially notified*