Mindblown: a blog about philosophy.
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The Small Man in The Big Picture-Compensating Employees and Workers in M&A Transactions.
Author: Soumya Nayyar is a Final Year Law Student from Symbiosis Law School, Pune. The article analyses the worker’s right to compensation stemming from Section 25FF of the Industrial Disputes Act, 1947 in the case of Mergers and acquisitions. The article details the provisions of Section 25FF, analyses the right with reference to qualification for…
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Transport Corporation of India vs. Employees’ State Insurance Corporation AIR 2000 SC 238
Author: Shagun Shrivastava is a 3rd-year student of B.A.LL.B (Hons) at Hidayatullah National Law University, Raipur. The article is a case analysis of Transport Corporation of India v. Employees State Insurance Corporation. It is important to understand the applicability of the act on a particular establishment and its regional offices. It also helps establish the…
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BALANCING EXPERTISE OF RETIRED EMPLOYEES AND ADMINISTRATIVE EFFICIENCY: ANALYSIS OF UNION OF INDIA & ORS. V JAGDISH CHANDRA SETHY
Sumati Arora Background and Facts of the Case The case of Union of India & Ors. v Jagdish Chandra Sethy[i]involves an appeal against the decision of The High Court of Calcutta, which upheld the order of the Central Administrative Tribunal of Cuttack. The applicant, Jagdish Chandra Sethy, was subjected to proceedings under Rule 14 of…
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UNDERSTANDING THE CONCEPT OF EMPLOYEES’ PROVIDENT FUND VIA JUDICIAL PRECEDENTS
Author: Dhriti Bole, fifth-year learner of BBA.LLB (Hons. in Business Law) from School of Law, Narsee Monjee Institute of Management Studies, Bengaluru. The article attempts to understand the present-day provisions with respect to the Employees’ Provident Fund from the Supreme Court Rulings of the recent past. It analyses how the Labour-oriented approach of the Court leads…
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Breaking Barriers: The Allahabad High Court’s Decision for Gender Equality in Cooperative Society Appointments
Prerna Yadav and Ali Asghar Introduction The Allahabad High Court in its recent judgement, Neelam Devi v State of U.P.,[i] struck down the word “unmarried” from the Regulation 104 of the U.P. Cooperative Societies Employees’ Service Regulations, 1975 which allowed married daughters to seek the benefit of compassionate appointments. Previously, according to the said regulation,…
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Empowered Workers: A Threat to the Fragile Fort of the Chinese Communist Party
Author: Afrah Abdul Gafoor is a 3rd-year student from the National University of Advanced Legal Studies, Kochi. This article delves into the arrests of prominent individuals associated with the now-defunct Hong Kong Confederation of Trade Unions (HKCTU) and their potential implications. It sheds light on the difficulties confronted by labor unions in both Hong Kong…
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REVIEWING THE MINIMUM WAGE POLICY UNDER CODE ON WAGES, 2019: A POLICY ANALYSIS
Author: Shaurya Shrestha Awasthi is a fourth-year student of the National University of Study and Research in Law, Ranchi. This article examines the significance of the minimum wage policy in enhancing the well-being of low-paid workers, reducing inequality, and combating poverty in India’s workforce. It discusses the limitations of the existing Minimum Wages Act, 1948,…
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No Compulsory Retirement Merely on Committee Recommendation: State of J&K v Rajinder Kumar
Lavya Bhasin BACKGROUND In the present case, the petitioner was asked to compulsorily retire from service in ‘public interest’, following committee recommendations with effect from 22.11.2016 in exercise of powers under Article 226(2) of the Jammu and Kashmir Services Regulations, because of his alleged involvement in a criminal case. A single bench quashed this order…
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Comparative Models to Represent Labour Interests in Investment Treaty Practice
Author: Sarthak Wadhwa is a fifth year law student at the National Law School of India University. This piece seeks to navigate the conceptual tension between labour law and investment law by – first, examining India’s position on labour interests, as understood from her most recent Model Bilateral Investment Treaty (BIT) (2016); and, second, comparing these…
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Moonlighting Policy: Navigating the Grey Area
Authors: Zarana Samanta and Sharmishtha Zode are second-year law students at the Institute of Law, Nirma University, Ahmedabad. Moonlighting Policy is an emerging term in the Indian context. This blog aims to discuss at Moonlighting Policy and the legal lacuna that exists in the Indian realm and hence the essential insights for the same can be…
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