Writ of Mandamus in High Court

Writ of Mandamus is filed in high court for directing authorities to do what is ought to be right and necessary in a expedient way. So what you need to take care of-

1 list of important dates
2 index
3 memo of parties
4 Court fees page
5 petition
6 affidavit
7 annexures true copy advocate
8 vakalatnama

ESI and PF contributions Decoded 2016

Calculating ESI and PF contributions can give nightmares to Recruiters and HR. To make the matter easy and precise, here's the most authentic and trusted information spread over the internet assimilated just for you. Here you go!

ESIC contributions- Periods Apr to Sept and Oct to Mar

a. 1.75% of gross salary Employee will pay and 4.75% Employer will pay. Salary above 15 K, ESIC contribution is not applicable. In case of 28 days in a month, adjust the gross salary accordingly.

if the salary increases more than 15 K during promotion than continue paying the ESIC as per enhanced salary. 

PF Contributions- In metro cities 50%, 40% in non-metro cities, rest is company policy.

a. 12% is employee contribution, Employer EPS  8.33 to pension scheme plus EPF 3.67 (Max 541) 

Plus Professional tax (Ptax is levied) . 

Let's know about ESIC a little more:

1 It is applicable to establishments with minimum people 10 or 20. Yes in some states it is 10 and the others 20. Once subscribed under ESIC, can't roll back even the number goes less than 10.

2 Under Sec 40(4) , Non payment or delayed payment of ESIC from the wages of the Employee amounts to 'Breach Of trust' and is punishable under IPC 406.

3 Regulation 31-A, simple interest of 12% per annum each day of default.

4 It is not applicable to railways and mines act.

Contract/Agreement of Indian Company with Foreign Company

Hey! If you are preparing an agreement for Indian company with foreign firm, do keep the below points in your mind while making the contract. This would help and guide you what not to omit while making an important and strong legally enforceable contract.

Now, let’s have a look at them.

1 On this day party A & party B

2 Objectives of formation of company A & B and what company A is going to do for company B.

3 Then set the terms and conditions of the agreement.

1. What will the foreign company will supply. A.b.c.d.e.f.g.h
2. Payment plan- one time or continuous or in parts. Detailed schedule
3. Agreement tenure
4. Condition use of brand names either for internal sale or external sale
5. Restriction clause
6. Right to pledge, mortgage, or assign, sub-license know how to anyone
7. No restraint on Indian Company.
8. Who will pay the salary in case foreign official visits
9. If Indian companies will send the people, then Indian companies will bear the expense
10. Each will inform of the recent developments
11. Data under lock and key.
12. Rights of patents even after the expiry of the agreement.
13. UK company as the sole technical consultant
14. Indian companies will return the data or material received.

Witnesses in the end. Hope this helps you in preparing your first draft, like it did in mine. Stay tuned for more updates.