Author: admin
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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…
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Andhra Pradesh High Court rules Minimum Wages Act inapplicable to religious Mutts
Dr. Aabir Bhattacharya and Divyanshi Shukla Introduction The Andhra Pradesh High Court, in its recent judgment has laid down that provisions of the Minimum Wages Act, 1948 do not apply to a religious Math. The Court held that the power of the Commissioner does not extend to interfering with the secular activities of the Math.…
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TRADE UNION AND AMAZON: A COMMON CONUNDRUM BETWEEN UNION AND CORPORATE BODIES
Introduction The press, the public, and the labor movement expressed worry about Amazon’s frenzied work speed, irrational corporate culture, and appalling working conditions at the end of 2017. Since 2001, the continuing labor dispute between the United Services Union and the mail-order behemoth Amazon has been creating noticeable sparks all around the world. Recently, a…
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Rajasthan Rajya Vidyut Prasaran Nigam Limited v. Anil Kanwariya
Tisa Padhy Introduction In the recent Rajasthan Rajya Vidyut Prasaran Nigam Limited vs. Anil Kanwari judgement of the Hon’ble Supreme Court, it was held that an employee who had made false declarations or suppressed vital personal information affecting the job profile is not entitled to continue in service by taking the plea of it being…
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CONUNDRUM OF GOVERNMENT HOSPITALS UNDER INDUSTRIAL RELATIONS CODE, 2020: INDUSTRY OR NOT?
Introduction On 28th September 2020, four new labour law codes were introduced by the Central Government which dealt with the subject matter of industrial relations, social security, occupational health, safety and working conditions as well as wages of the employees. Under the Industrial Relations Code, 2020, (hereinafter, “IR Code”) three major legislations, i.e., Industrial Disputes…
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CAN THE NEW SOCIAL SECURITY CODE OF 2020 HELP SOLVE THE SWIGGY-ZOMATO LABOUR LAW CRISIS?
A recent tweet criticizing the popular food delivery app ‘Swiggy’, by describing how the company gets away with mistreating its delivery people has sparked outrage. This is not the first time that Swiggy and similar apps have come under fire for mistreating their employees, and if the existing legal frameworks are not altered, it will…
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ROLE OF THE SUPREME COURT IN ENFORCEMENT OF PROGRESSIVE LABOUR LAWS IN INDIA
Over the years, the Supreme Court (“SC”) has played a pivotal role in the enforcement of labour laws in India, achieving industrial harmony and stimulating cooperation between employers and employees. There have been numerous instances wherein judicial activism, in light of glaring legislative inadequacies, has ensured the enforcement of labour laws in India. Some of…
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Can an employee be estopped from challenging the terms of employment if it violates the statutory requirements? : Read what the SC has ruled regarding this
Srijan Mishra and Ronak Lodha A division bench of the Apex Court headed by Justice Ajay Rastogi has held that the employees are not estopped from challenging the terms and conditions of employment if it violates the statutory requirement. This was held in the Somesh Thapliyal Vs. Vice Chancellor, H.N.B. Garhwal University case wherein the…