Author: Karanveer Khaira
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The Judiciary’s Duty to Enforce Labour Legislation in line with its intended objectives – An Analysis of ‘Roshan Deen v. Preeti Lal’
Author: Aditya Hiremath is a third-year student at Hidayatullah National Law University, Raipur with a keen interest in securities and commercial law. The object of labour legislation is, above all, to further the cause for social justice – in line with the constitutional ethos of India. The case of Roshan Deen presents a peculiar and undesirable…
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BALANCING EXPERTISE OF RETIRED EMPLOYEES AND ADMINISTRATIVE EFFICIENCY: ANALYSIS OF UNION OF INDIA & ORS. V JAGDISH CHANDRA SETHY
Sumati Arora Background and Facts of the Case The case of Union of India & Ors. v Jagdish Chandra Sethy[i]involves an appeal against the decision of The High Court of Calcutta, which upheld the order of the Central Administrative Tribunal of Cuttack. The applicant, Jagdish Chandra Sethy, was subjected to proceedings under Rule 14 of…
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Breaking Barriers: The Allahabad High Court’s Decision for Gender Equality in Cooperative Society Appointments
Prerna Yadav and Ali Asghar Introduction The Allahabad High Court in its recent judgement, Neelam Devi v State of U.P.,[i] struck down the word “unmarried” from the Regulation 104 of the U.P. Cooperative Societies Employees’ Service Regulations, 1975 which allowed married daughters to seek the benefit of compassionate appointments. Previously, according to the said regulation,…
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No Compulsory Retirement Merely on Committee Recommendation: State of J&K v Rajinder Kumar
Lavya Bhasin BACKGROUND In the present case, the petitioner was asked to compulsorily retire from service in ‘public interest’, following committee recommendations with effect from 22.11.2016 in exercise of powers under Article 226(2) of the Jammu and Kashmir Services Regulations, because of his alleged involvement in a criminal case. A single bench quashed this order…
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PATNA HIGH COURT HOLDS THAT TEMPORARY EMPLOYEES WITH OVER 15 YEARS OF CONTINUOUS SERVICE ARE ELIGIBLE FOR PENSIONARY BENEFITS
Karanveer Singh Khaira and Sumati Arora Background And Facts Of The Case In The Registrar General, Patna High Court v. Ram Vyas Dubey and others LPA No. 198 of 2016[i] the Hon’ble High Court of Patna addressing the grievance of countless temporary wage employees extended the benefits of Pension to employees who had been working…
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Service Rules shall Prevail Over Conflicting Government Resolutions; holds Supreme Court
Karanveer Singh Khaira and Utkarsh Goel Introduction The Supreme Court, in its recent judgement, Ashok Ram Parhad & Ors. v The State of Maharashtra & Ors., held that Service Rules have a statutory effect and thus, shall prevail in Service Jurisprudence, and government resolutions cannot contradict the rules. The case was another addition to the list of disputes…
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WHETHER MATERNITY BENEFITS UNDER LABOUR LAW SHOULD EXTEND TO SURROGATE MOTHERS
Author: Mishika is a BBA LLB (Hons.) student at Symbiosis Law School, Pune. This article scrutinises the recently introduced Surrogacy (Regulation) Act, 2021 vis-a-vis Labour Laws in India. Introduction Historically, women were discriminated against and discouraged from joining the working sector and a natural incidence of the same is the lack of labour laws specifically designed for women. In…
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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…