Category: CLL UPDATE
-
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…
-
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…
-
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,…
-
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…
-
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…
-
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…
-
ई-श्रम पोर्टल असंगठित श्रमिकों के राष्ट्रीय असंगठित कामगार डेटाबेस (NDUW) में पंजीकरण करने के लिए श्रम और रोजगार मंत्रालय, भारत सरकार द्वारा बनाया गया है। आप ई-श्रम पोर्टल के बारे में यहाँ और अधिक पढ़ सकते हैं । ई-श्रम पोर्टल के लिए पंजीकरण बहुत सरल है, और श्रमिक स्वयं श्रम और रोजगार मंत्रालय, भारत सरकार…
-
Team CLL The e-shram Portal has been developed for registration of unorganized workers into the National Database for Unorganized Workers (NDUW). You can read more about the e-Shram Portal here. These same instructions in Hindi can be found here. Registration for the e-shram Portal is very simple, and workers may register on their own online,…
-
by Tisa Padhy INTRODUCTION In the recent judgement of Dayle De’souza v. Government of India through the Chief Labour Commissioner, the Hon’ble Supreme Court, held that the burden to prove innocence under the provisions of the Minimum Wages Act, 1948 can shift from the accused only under the circumstance that all the ingredients of Section…
-
By Tarushi Tewari INTRODUCTION The case New Delhi Traders Association v. GNCTD revolves around the implementation of Street vendors Act, 2014 in NCT of Delhi. A Division Bench of Delhi HC comprising of Justice Vipin Sanghvi and Justice Jasmeet Singh observed that the implementation and the arrangement of this act by the Government of NCT of…