Bharat CPSEs' Consultative Conclave inaugurated at Gati Shakti Vishwavidyalaya (See 'Corp Brief') SAIL's 54th AGM highlights strong value added steel growth (See 'Corp Brief') TDB-DST signs pact with GalaxEye to develop next-generation multisensor satellite technology (See 'Corp Brief') Nadda to inaugurate Arogya Manthan 2026 at Vigyan Bhawan (See 'Corp Brief') IPR - Civil remedy u/s 55 of Copyright Act can be pursued through arbitration as agreed alternative dispute resolution mechanism: HC (See 'Legal Desk') Railways approves Rs 166 Crore for construction of Road Over Bridge in Vadodara (See 'Corp Brief') ICAR-CMFRI advises Consumers Not to Avoid Tuna (See 'Corp Brief') IPR - Scheduled Commercial Bank which is registered proprietor of well-known formative trademarks can maintain commercial suit for infringement and passing off against unauthorised third parties who use those marks on social media to hold themselves out as agents capable of procuring loan settlements: HC (See 'Legal Desk') Indo-Africa Roundtable on WASH held as part of India International WASH Conference (See 'Corp Brief') Naik holds meeting with European Parliament's Committee on Industry (See 'Corp Brief') A&C - If a company is employed as conduit for shielding assets from creditors, Court may look beyond corporate structure, for piercing veil: HC (See 'Legal Desk') CCI approves acquisition of Onesto Labs by L'Oréal India (See 'Corp Brief') CCI approves acquisition of equity share of IIFL Capital by FIH Mauritius (See 'Corp Brief') IPR - If party adopts mark that is deceptively similar to registered mark for identical goods, with full knowledge of prior statutory and common law rights, such adoption constitutes infringement: HC (See 'Legal Desk') National Rainfed Area Authority organizes High Level meeting for Watershed Development (See 'Corp Brief') Railways connects Remote Area of South Chhattisgarh (See 'Corp Brief') IPR - Requiring plaintiff to sue at place of its subordinate office because cause of action has arisen there would amount to re-writing Sec 134 of Trade Marks Act: HC (See 'Legal Desk') Rs 46 Crore released for Rehabilitation of Persons Engaged in Begging (See 'Corp Brief') FEMA - The fact that penalty falls within statutory maximum does not, by itself, validate quantum imposed: HC (See 'Legal Desk') Experts deliberate on WTO Fisheries Subsidies Pact & Implementation Challenges (See 'Corp Brief') Companies Act - Admission of winding-up petition, appointment of provisional liquidator or liquidator, or possession of assets by liquidator does not, by itself, establish irreversibility thereof: HC (See 'Legal Desk') 7th High-Level meeting of OPEC-India Energy Dialogue held in Delhi (See 'Corp Brief') Competition - Formulation of technical specifications & procurement requirements falls primarily within domain of procuring entities, which are at liberty to set terms suited to their needs - no case of contravention of Sections 3 or 4 is made out: CCI (See 'Legal Desk') NHAI signs MoU with SSNNL to simplify Approval Framework for NH (See 'Corp Brief') PMLA - Provisional attachment order unsustainable when there is no apprehension or evidence that subject property is likely to be transferred, concealed or in some way disposed off so as to frustrate confiscation proceedings: SAFEMA Tribunal (See 'Legal Desk') Union Minister inaugurates WWF Global Conservation Conference at Jaipur (See 'Corp Brief') Ministry of MSME gears Up for Special Campaign 6.0 on Swachhata (See 'Corp Brief') SECI celebrates 15th Foundation Day with Stakeholders' Meet (See 'Corp Brief') A&C - Agent cannot claim cross-contractual lien over principal's property for dues arising under separate agreements in absence of express contractual provision permitting such retention: HC (See 'Legal Desk') Coal India advances Technology-led Diversification Across Energy & Minerals (See 'Corp Brief') Digital India RISC-V Grand Challenge under C2S Programme awarded to 3 teams (See 'Corp Brief') IBC - Arrangement of funds to enable corporate debtor to clear its liabilities, coupled with transfer of funds from cooperative bank loan account of applicant directly to bank, is not valid loan disbursement under IBC: NCLT (See 'Legal Desk') Vaishnaw highlights ISM 2.0, indigenous design, manufacturing, talent and India's emergence (See 'Corp Brief') SEBI - SEBI, acting as statutory market regulator, is duty-bound to issue a reasoned, speaking order when a decision carries serious civil consequences for acquirer, target company & investors: SAT (See 'Legal Desk') An unsuccessful 'success fee' litigation (See CORP EINSICHT)

Virtual hearing under EPF to deliver affordable adjudication: Govt

Published: Sep 14, 2020

By TIOLCORPLAWS News Service

NEW DELHI, SEPT 14, 2020: Launch of virtual hearing in quasi-judicial cases under EPF & MP Act, 1952 has now heralded an era of providing expeditious and affordable adjudication.

This is part of a series of initiatives taken by EPFO to improve the ease of doing business, a new facility for conducting virtual hearing in quasi-judicial cases by use of secure IT applications, which was launched by Sh. Santosh Kumar Gangwar,  Minister of State (I/C), Labour and Employment in 227th meeting of Central Board of Trustees, Employees' Provident Fund, conducted virtually on 9th September 2020.

With the outbreak of COVID-19 pandemic and need to practice social distancing restrictions, virtual hearings are being conducted in most of the district and sessions courts. This is as per the guidelines of Hon'ble Supreme Court of India and the concerned High Courts to ensure timely disposal of the cases during pandemic. In the same spirit and with a view to provide expeditious and affordable adjudication to its establishments and subscribers, hearings under sections 7A and 14B of Employees' Provident Funds & Miscellaneous Provisions Act, 1952, will be conducted in virtual mode.

Virtual court is a concept aimed at eliminating need for physical presence of litigant and lawyers by facilitating adjudication of the case through online mode.

To facilitate this, virtual hearing utilities have been integrated with EPFO's  e-Court process on Compliance e-Proceedings Portal (https://eproceedings.epfindia.gov.in). This will facilitate issue of e-notices, real time recording of proceedings and communication of orders. Case status including the daily and final orders will now be accessible to all parties on the portal.

There are several benefits of hearing through video conferencing including no requirement of physical presence wherein parties do travel miles to be present in person for hearing and at the same time, it will be cost and time effective for the employers. Most importantly this will reduce carbon footprint. Digitization will reduce the number of pendency of cases and will be an effective remedy for delayed justice.

In addition, unnecessary adjournments due to non-appearance of parties could now be avoided resulting in fast tracking of dispute resolution and assessment of dues of workers to generate better confidence in the quasi-judicial mechanism. Hearing in online mode is a move towards the ultimate objective of faceless assessment.

The launch was made after successful pilot run of the same at two regional offices of EPFO in the months of July & August, 2020. During the pilot run, virtual hearings were conducted through online meeting utilities in 90 quasi-judicial cases, which were attended by higher management of establishments leading to quick disposals, consent orders and immediate compliances. Employers have appreciated the ease and convenience of participation in virtual hearings particularly during pandemic.

EPFO is continuously making endeavors to use the latest trends and technologies by effectively harnessing its in-house capabilities to extend nirbadh i.e. seamless services to stakeholders during Covid-19 pandemic.

 

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