Author: admin
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Can Workers Get Their Wages When Legal Proceedings Against Them Are Going On? Answered In North Delhi Municipal Corporation V. Bal Kishan
Tarushi Tewari Introduction In the case of North Delhi Municipal Corporation v. Bal Kishan, the Division bench of Justice Rajiv Shakdher and Justice Talwant Singh in Delhi High Court dealt with a matter regarding full payment of wages to a workers even when proceedings against them are going on. Background The concerned workman made a…
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STATUS OF GIG ECONOMY WORKERS: AN ANALYSIS OF US, UK AND INDIAN LAWS
by Syed Alwaz Asif, Second year law student at Dr. Ram Manohar Lohiya National Law University, Lucknow. Introduction Digital labour platforms are emerging as important sources of employment in the 21st century. These platforms have provided income generating opportunities to multiple sections of society. Along with the opportunities these platforms have provided, they have also given rise to…
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Burden of Person In Charge of Company – Proviso to Section 22(C) does not reverse onus of proof: Supreme Court
by Tisa Padhy INTRODUCTION In the recent judgement of Dayle De’souza v. Government of India through the Chief Labour Commissioner, the Hon’ble Supreme Court, held that the burden to prove innocence under the provisions of the Minimum Wages Act, 1948 can shift from the accused only under the circumstance that all the ingredients of Section…
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GIG WORKERS V. PLATFORM-BASED-COMPANIES : ARE NEGOTIATING COUNCILS/UNIONS A SOLUTION?
by Ishaan Mundeja, a 3rd year student at Symbiosis Law School Introduction Platform businesses have attracted popularity and grown over the years and this growth has been accompanied by several protests especially by those who are engaged with these platforms in ensuring delivery. In India, there have been protests by delivery personnel over remuneration and…
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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…