Month: July 2021
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DEFINITION OF A WORKMAN: A NEVER-ENDING CONUNDRUM
The definition of a worker/workman is the fundamental legal basis to invoke the jurisdiction of an Industrial Tribunal. Due to this, classification as a worker/workman becomes paramount. A person who does not fall within the definition cannot take recourse to the grievance redressal mechanism. In this light, it is vital to ensure that aggrieved persons…
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Overcoming the Challenges related to Effecting of Service
Shriyadita Srivastava and Udhav Mittal Effecting of service refers to the delivery of a writ, summons, or other legal papers to the person required to respond to them. The effecting of service is an essential step for the initiation of a lawsuit and for the court to assert its jurisdiction over the parties and the…
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LONG ROAD AHEAD: WORK FROM HOME REGULATIONS
The COVID-19 pandemic has affected the labour market world-wide. The short-term consequences were sudden and severe. As reported by the ILO, one-in-five workers found themselves working from home in the initial months of the Covid-19 pandemic in 2020 and the numbers have only gone up since then. Home workers are more vulnerable when it comes…
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FROM INTERNATIONAL LABOUR ORGANISATION TO WORLD TRADE ORGANISATION: A TRANSITION NECESSARY FOR CROSS BORDER MOVEMENT OF WORKERS
INTRODUCTION The COVID-19 pandemic has wreaked havoc on the entire humanity. Both rich and poor are facing the brunt of this pandemic. However, it is the poor who is severely affected. Both inter-state and inter-country migration of poor workers in search of work; has stopped. Although there are no or very minimal problems faced by…
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Who is a Workman?
Tisa Padhy ‘Genius begins great works, labourer alone finishes them’ Joseph Joubert It is rightly said no great human creation could be accomplished without the efforts of workmen. Defined in simple terms a workman is any person who offers their labour for any work. In the legal sphere, this term takes a more precise definition.…
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ARBITRATION IN INDUSTRIAL DISPUTES: A NEED TO REVISIT
Introduction: Considering how burdened our judicial system is, litigation can often be expensive and time consuming. Therefore, Arbitration has gained popularity over the years, as an efficient alternative. Industrial disputes at most times concern people who earn on a day-to-day basis to feed their families, thus, these need to be solved as soon as possible.…
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In Re: Problems and Miseries of Migrant Labourers
Aabir Bhattacharya & Devansh Malhotra The long-awaited judgement in the case of In Re: Problems and Miseries of Migrant Labourers and the connected matters, puts forth the progressive approach of the Judiciary in tackling issues of great and national importance. The Judgement enunciates the core values of the Constitution, enshrined in the Directive Principles of…