Month: November 2021
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Delhi HC pulls up Delhi Government over vendor woes
By Tarushi Tewari INTRODUCTION The case New Delhi Traders Association v. GNCTD revolves around the implementation of Street vendors Act, 2014 in NCT of Delhi. A Division Bench of Delhi HC comprising of Justice Vipin Sanghvi and Justice Jasmeet Singh observed that the implementation and the arrangement of this act by the Government of NCT of…
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REVISITING RIGHT TO STRIKE UNDER LABOR LAW
Introduction Under Section 62, 63 and 64 of the Industrial Relations (“IR”) Code[i] the procedure for strikes has been enumerated. The statute requires intimation via notice- 14 days before the strike and also prohibits strikes during the seven days of the conciliation proceeding or sixty days after proceedings have been conducted before a tribunal. The…
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LIONEL MESSI’S BID TO BARCELONA: LABOUR LAW PERSPECTIVE
by Shruti Maheshwari and Trisha Mishra, fourth year students at National Law University, Jodhpur 1. Introduction People often argue that why do these superstar players need the shelter of employment laws/rules protecting their economic interest when they are highly influential to suffer any exploitation. For instance, a simple gesture of promoting a healthy lifestyle such as drinking…
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Application for Change of Date of Birth cannot be claimed as a matter of right: Supreme Court
by Divyanshi Shukla and Jay Sharma Introduction The Supreme Court in its recent judgement has held that application for change of date of birth can only be as per the relevant provisions applicable, and even if there is cogent evidence for such purpose, then same cannot be claimed as a matter of right. It was…
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ARBITRABILITY OF LABOUR AND INDUSTRIAL DISPUTES IN INDIA
by Mr. Prateek Mahajan, practicing advocate at the Punjab & Haryana High Court, Chandigarh Recently, the Supreme Court of India over-ruling its own decision in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, held in the case of Vidya Drolia v. Durga Trading Corporation that landlord-tenant disputes governed by the Transfer of Property Act, 1882 (“TP Act”)…