Author: Karanveer Khaira
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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,…
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In Re Problems & Miseries of Migrant Labourers: Ensuring Food Security for Migrants
Rohit Misra and Rohit Kadian Introduction The Supreme Court of India, in the case of In Re Problems & miseries of Migrant Labourers, directed the Union of India and all the State Governments to inform the Court whether the migrant and unorganized workers, who had registered under the e-Shram portal have ration cards and are…
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SUPREME COURT HOLDS NUMBER OF EMPLOYEES NOT A KEY CONSIDERATION FOR PAYMENT OF ESI BY AN ESTABLISHMENT
Zaier Ahmad and Dimpal Rathod Introduction The Supreme Court, on Friday, held that Section 1(6)[i] of the Employees’ State Insurance Act, 1948 (hereinafter, “ESI Act”), which contemplates that an establishment would be governed by the Act irrespective of the number of the employees. This decision means that establishments that were already in operation when the…
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Should the Exception of Sovereign Functions in the Definition of Industry Be Done Away With?
Author: Shreya Khandelwal is a Fourth Year Student at The West Bengal National University of Juridical Sciences, Kolkata. The article tries to uncover the true meaning of sovereign function exception to the definition of “industry” which has been created and supported through a number of judicial precedents. The confusion about the correct position still persists due…
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MATERNITY BENEFITS CANNOT BE DENIED BASED ON MERE INTERPRETATION AND TECHNICALITIES.
Utkarsh Goel & Ayush Agrawal Introduction Madras High Court in its latest judgement, Tamil Nadu State Transport Corporation (Coimbatore) Ltd. v B. Rajeswari, held that Benefits of welfare legislation cannot be deprived on mere technicalities. The issue concerned Rajeswari, who began working as an assistant engineer (AE) at TNSTC’s Erode branch in 2013. She was…