Category: Industrial Relations
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TRANSFORMATION OF EMPLOYMENT LAWS IN INDIA
INTRODUCTION In today’s world, one of the vital roles of globalization is to transform human livelihoods and therefore mechanisms and products of globalization are likely to have a significant impact on people’s lives. After all, there are different sections of society that are affected by the globalization, the hard working people stand out to be affected majorly. As globalization is…
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DEFINITION OF A WORKMAN: A NEVER-ENDING CONUNDRUM
The definition of a worker/workman is the fundamental legal basis to invoke the jurisdiction of an Industrial Tribunal. Due to this, classification as a worker/workman becomes paramount. A person who does not fall within the definition cannot take recourse to the grievance redressal mechanism. In this light, it is vital to ensure that aggrieved persons…
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ARBITRATION IN INDUSTRIAL DISPUTES: A NEED TO REVISIT
Introduction: Considering how burdened our judicial system is, litigation can often be expensive and time consuming. Therefore, Arbitration has gained popularity over the years, as an efficient alternative. Industrial disputes at most times concern people who earn on a day-to-day basis to feed their families, thus, these need to be solved as soon as possible.…
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APPLYING RES JUDICATA TO INDUSTRIAL DISPUTE ADJDICATION
Tawishi Beria Industrial Adjudication is a process of resolution of industrial disputes byspecialized adjudicatory authorities, namely-Labour Courts, Industrial Tribunal and National Tribunal, constituted under the Industrial Disputes Act, 1947. When an industrial dispute is referred by the Government to the Labour Court, adjudication becomes compulsory. The doctrine of res judicata is a well-established concept under…
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CONFLICT BETWEEN SECTION 10A AND 11A OF THE INDUSTRIAL DISPUTES ACT: AN ANALYSIS
Shruti Khaitan Sections 10A and 11A of the Industrial Disputes Act, 1947 (IDA) have been introduced into the legislation by means of amendments in order to provide for speedy settlement of disputes, protecting the interests of workmen and promoting peace and harmony in the industry. Section 11A of the IDA: The International Labour Organisation (ILO)…
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THE ROAD NOT TAKEN: LABOUR LAW REFORMS IN ASSAM
Darshan Upadhyay While the Covid-19 pandemic has wreaked havoc on the lives of common men, it is the daily wage labourers who have been the worst affected. With an unprecedented lockdown announced, most states saw the influx of migrant workers from various parts of the country as daily work and the wage came to an…
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THE OCCUPATIONAL SAFETY, HEALTH AND WORKING CONDITION CODE, 2019: AN IMPERITIVE STEP TOWARD A HASSEL FREE ECONOMY
Pritesh Raj Considering the established fact that India is an emerging economic power, it is essential to bring the redundant labour laws in vis-a-vis with the economic and sociological conditions of the day. Pursuant to this endeavour, the second National Commission on Labour, 2002 recommended the amalgamation of 29 labour laws into a set of…