Category: Labour & Employment Law Blog

Introduction The concept of precedents has its origin in the English Common Law. Salmond defines it as the part of a judicial decision having a legal authority, also called as ratio decidendi. The significance of law of precedent is to establish uniformity and consistency in decision-making and ensure equality in treatment. Recently, the Industrial Relations…

On 1 June 2021, the Delhi High Court (“Delhi HC”), in the case of Arjun Ahluwalia vs Air India Limited held that government-owned enterprises cannot afford to terminate employees using the defence of financial distress and also dealt with issues relating to the withdrawal of tendered resignations, relying upon a catena of judgments. Background The…

Introduction Legislative actions and court rulings have greatly extended and changed the definition of ‘industry’ over the period of time. Since labour as a subject is included in the concurrent list, both the central and state governments have used it to their advantage in the political arena. Due to lack of clarity in the statutory…

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…

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…