Category: CLL UPDATE
-
ESOP Adoption Stories: A Global Perspective with a Focus on India
Adnan Danish Introduction Employee Stock Ownership Plans (ESOPs) are a non-monetary incentive designed to provide employees with the option to acquire shares in their employer’s company. Targeted primarily at the mobile salary class, ESOPs aim to motivate, recognize, compensate, and retain highly efficient employees.[i] The concept of ESOPs was pioneered by Louis Kelso in the…
-
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…
-
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,…
-
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…
-
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…
-
Repeal of Right-to-Work Law in Michigan: Impact on Unions, Workers, and the Economy
Introduction: Right-to-work laws are state-level legislation that allows workers to choose whether or not to join a union or pay union dues as a condition of employment.[i] These laws make it unlawful for unions to compel workers to join the union or pay dues to get or retain employment. Unions bargain with employers on behalf of…
-
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…
-
Supreme Court declines the right of Government employees to claim double overtime allowance under the Factories Act, of 1948
Introduction: The Supreme Court of India in its recent Judgement, Security Printing & Minting Corporation of India Limited v. Vijay D. Kasbe held that Government Employees cannot claim double overtime allowance under Section 59 (1) of the Factories Act, 1948 as they are civil position holders and can’t be equated to a Factory Worker. The…
-
In Re: Problems and Miseries of Migrant Labourers: e-SHRAM Portal Case
On 20 April 2023, the Supreme Court of India instructed State Governments and UT Administrations to issue ration cards to migrant or unorganized workers who are registered on the Centre’s e-Shram portal, but currently do not possess such cards. The court’s direction came in response to an application filed by activists who alleged that the…
-
State of West Bengal v. Debabrata Tiwari & Ors. : SC affirms guiding principles for compassionate appointment
Ayush Agrawal Facts The Respondents herein are heirs of employees of Burdwan, Ranaghat and Habra Municipalities, who died in harness. The present appeals concern claims for compassionate appointment to posts in the concerned municipalities. The heirs of the deceased employees working under different categories sent an application to the municipality for appointment on humanitarian grounds…