Month: April 2023
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Supreme Court declines the right of Government employees to claim double overtime allowance under the Factories Act, of 1948
Introduction: The Supreme Court of India in its recent Judgement, Security Printing & Minting Corporation of India Limited v. Vijay D. Kasbe held that Government Employees cannot claim double overtime allowance under Section 59 (1) of the Factories Act, 1948 as they are civil position holders and can’t be equated to a Factory Worker. The…
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In Re: Problems and Miseries of Migrant Labourers: e-SHRAM Portal Case
On 20 April 2023, the Supreme Court of India instructed State Governments and UT Administrations to issue ration cards to migrant or unorganized workers who are registered on the Centre’s e-Shram portal, but currently do not possess such cards. The court’s direction came in response to an application filed by activists who alleged that the…
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State of West Bengal v. Debabrata Tiwari & Ors. : SC affirms guiding principles for compassionate appointment
Ayush Agrawal Facts The Respondents herein are heirs of employees of Burdwan, Ranaghat and Habra Municipalities, who died in harness. The present appeals concern claims for compassionate appointment to posts in the concerned municipalities. The heirs of the deceased employees working under different categories sent an application to the municipality for appointment on humanitarian grounds…
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IT WORKERS AND INDIAN LABOUR LAWS: AN ANALYSIS IN TIMES OF MASS LAYOFFS
Author: Neha Raj is pursuing BBA LLB (Hons.) from Amity University Chattisgarh an experienced and competent law student who is extremely enthusiastic about exploring the practical world of Law, and would welcome the opportunity to contribute to your ongoing success. The past few months have been particularly tough for tech employees, not just in India. The…
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DISPUTE RESOLUTION IN IR CODE AND ID ACT – ANALYSIS OF DIFFERENCES AND THEIR IMPACT
Authors: Harshima Vijaivergia and Priyanshi Singh are third-year law students at University of Petroleum and Energy Studies, Dehradun. They are interested in research work and have co-authored multiple research papers together. By simplifying the dispute settlement process, the new Industrial Relations Code 2020 (IRC) aims to do away with these complications. This article attempts to…
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Saroj Kumari v. State of Uttar Pradesh: MATERNITY BENEFIT ACT EXTENDED!
Rupesh Kumar Malviya and Zaier Ahmad INTRODUCTION In a recent ruling by a single Judge bench of Allahabad High Court, the provisions under the Maternity Benefits Act, 1961[i] were extended to working women even after the birth of the child. The bench consisting of Justice Ashutosh Srivastava scrutinized subsection (1)[ii] and (3)[iii] and (4)[iv] of…
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WORKERS MUST PROVIDE OWN ADDRESS IN LABOUR CASES: NO MORE RELYING ON THE UNION’S ADDRESS!
Aditya Pratap Singh and Aayush The Supreme Court of India has directed workers in labour cases to provide their own permanent addresses instead of relying on their unions. This is due to practical difficulties that arise when cases are filed through unions, without the worker’s address being provided. In such cases, notices are served on…
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Penalty and the Test of Proportionality -Case Analysis of ‘The Eastern Coalfields Limited and Others v Ajit Mondal & Others’
Lavya Bhasin and Nandita Yadav BACKGROUND This is the case of The Eastern Coalfields Limited and Others v Ajit Mondal & Others.[i] Since the year 1975, Mr. Ajit Mondal (“Employee/Respondent No. 1”) worked as a line mazdoor for Eastern Coalfield Ltd (“Employer”). The Employee missed a significant amount of work in the years 1999, 2000,…