Month: October 2021
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Contractual employees are equally entitled to Maternity benefits- Jharkhand HC
by Divyanshi Shukla and Jay Sharma Introduction According to a recent ruling by the Jharkhand High Court, a woman employee cannot be discriminated against because of her job status. This decision further established the equality of maternity benefits for contractual and non-contractual workers alike. However, the court didn’t have to examine a lot of facts…
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THE MANDATORY FASTAGS SYSTEM: MACHINES V. WORKERS
“Creating better humans will always be more important than creating smarter machines”. -Garry Kasparov Introduction The Ministry of Road Transport and Highways made FASTag mandatory for certain categories of vehicles from February 2021 in order to turn the highway toll collection system into a fully automated system. FASTag is a system wherein a tag will…
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WHETHER AN EMPLOYEE WHO HAS NOT COMPLETED 5 YEARS’ SERVICE, BUT HAS COMPLETED 240 DAYS (190 DAYS IN 5 DAYS WORKING SYSTEM), WOULD BE ELIGIBLE FOR GRATUITY PAYOUT?
Adv. SK Mittal, Practising Lawyer in Labour and Industrial Laws The Payment of Gratuity Act, 1972 [“The Act”], u/s 2(b), defines “completed year of service” so as to mean continuous service for one year. U/s 2(c), “continuous service” means continuous service as defined in section 2A. Eligibility for payment of gratuity and the method of…
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Resignation cannot be treated same as voluntary retirement for pensionary benefits – SCI
Tarun Barskar and Jay Sharma Introduction A division bench of Justice MR Shah and Justice A.S. Bopanna examined significant issues relating to resignation and voluntary retirement in the recent judgment of Union of India and Others v. Abhiram Verma. In this post, we’ve made an attempt to explain what the Supreme Court ruled on the issues…
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Analysis of M/s New Victoria Mills & Ors. v. Shrikant Arya: A Resigantion cannot be withdrawn on the grounds of a little delay in discharging an employee
Sohair Wani and Jay Sharma Facts of the Case National Textile Corporation Limited (NTC) proposed a Modified Voluntary Retirement Scheme (MVRS/Scheme) to facilitate the voluntary retirement of Appellant’s employees and workers of M/s. New Victoria Mills and some other mills run by National Textile Corporation (Uttar Pradesh) Limited, Kanpur MVRS was proposed in response to…
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NEW LABOUR REFORMS: JUSTIFYING THE RIGHTS OF LABOURS?
“By labour is meant the economic work of man, whether with hand or head” – Prof Marshall INTRODUCTION According to the Indian Constitution, “Labour” is included in the concurrent list, allowing both, the Centre and the states to establish and amend laws on the subject. The concept of labour law has always been a fluid…
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Revisiting the Doctrine of Pleasure: Ashok Kumar Agarwal v. Union of India (Delhi HC)
Chitransh Bhansali and Prakhar Suryawanshi INTRODUCTION The Delhi High Court, in its recent judgement has upheld and heavily discussed the previously laid position of law that there cannot be a ‘compulsory retirement proof employee’. The hon’ble Court noted that the fundamental source of compulsorily retiring an employee of the Government is derived from “Doctrine of…
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Strict Rules of Evidence are not applicable to Departmental Enquiry
Nevadya Bhateja and Ronit Rampuriya Introduction The Supreme Court in its recent Judgment held that strict rule of evidence is not applicable to a departmental enquiry. The development took place in the case of Kanwar Amninder Singh vs. High Court of Uttrakhand wherein Kanwar Amninder Singh filed for the Special Leave Petition under Article 136…
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APPLICABILITY OF THE LIMITATION ACT ON INDUSTRIAL DISPUTES – A MATCH MADE BY THE COURTS OF JUSTICE?
INTRODUCTION Equity warrants that the law denies protection to litigants who silently acquiesce to the unlawful encroachment of their rights. However, in a conflict between unequals should such a doctrine of laches be strictly applicable, considering the stark power asymmetry? The Supreme Court (‘SC’) in the case of Assistant Engineer, Rajasthan State Agriculture Marketing Board,…
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Analysis of National Gandhi Museum v. Sudhir Sharma & Ors.
Udhav Mittal and Tarushi Tiwari Recently, the Supreme Court observed that whether an employee has been able to discharge the burden that he was not gainfully employed after order of compulsory requirement or not is an issue which is to be decided in the facts of each case taking into consideration the entire material on…