Author: admin
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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”)…
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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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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…