Category: Miscellaneous
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The binding nature of an Order of Termination issued by the Industrial Tribunal
Divyanshi Shukla and Karanveer Singh Khaira Introduction The Supreme Court, in its recent judgment, Rajasthan State Road Transport Corporation versus Bharat Singh Jhala (Dead) Son of Shri Nathu Singh, through Legal Heirs & Anr,[1] held that if an Industrial Tribunal had approved a termination order, it is binding on the parties and hence, Labour Court…
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LIONEL MESSI’S BID TO BARCELONA: LABOUR LAW PERSPECTIVE
by Shruti Maheshwari and Trisha Mishra, fourth year students at National Law University, Jodhpur 1. Introduction People often argue that why do these superstar players need the shelter of employment laws/rules protecting their economic interest when they are highly influential to suffer any exploitation. For instance, a simple gesture of promoting a healthy lifestyle such as drinking…
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Application for Change of Date of Birth cannot be claimed as a matter of right: Supreme Court
by Divyanshi Shukla and Jay Sharma Introduction The Supreme Court in its recent judgement has held that application for change of date of birth can only be as per the relevant provisions applicable, and even if there is cogent evidence for such purpose, then same cannot be claimed as a matter of right. It was…
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NEW LABOUR REFORMS: JUSTIFYING THE RIGHTS OF LABOURS?
“By labour is meant the economic work of man, whether with hand or head” – Prof Marshall INTRODUCTION According to the Indian Constitution, “Labour” is included in the concurrent list, allowing both, the Centre and the states to establish and amend laws on the subject. The concept of labour law has always been a fluid…
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ROLE OF THE SUPREME COURT IN ENFORCEMENT OF PROGRESSIVE LABOUR LAWS IN INDIA
Over the years, the Supreme Court (“SC”) has played a pivotal role in the enforcement of labour laws in India, achieving industrial harmony and stimulating cooperation between employers and employees. There have been numerous instances wherein judicial activism, in light of glaring legislative inadequacies, has ensured the enforcement of labour laws in India. Some of…
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DISCLOSING SOCIAL MEDIA USERNAMES IN EMPLOYMENT APPLICATION: WHERE IS THE LINE?
Introduction What are the constituents of a typical job application form in India? Personal details like name & address, academic and other qualifications, some questions to assess personality like ‘Where do you see yourself in 5 years?’ or ‘What are your strengths and weaknesses?’ etc. However, there are some new entrants in many job application…
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LONG ROAD AHEAD: WORK FROM HOME REGULATIONS
The COVID-19 pandemic has affected the labour market world-wide. The short-term consequences were sudden and severe. As reported by the ILO, one-in-five workers found themselves working from home in the initial months of the Covid-19 pandemic in 2020 and the numbers have only gone up since then. Home workers are more vulnerable when it comes…
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FROM INTERNATIONAL LABOUR ORGANISATION TO WORLD TRADE ORGANISATION: A TRANSITION NECESSARY FOR CROSS BORDER MOVEMENT OF WORKERS
INTRODUCTION The COVID-19 pandemic has wreaked havoc on the entire humanity. Both rich and poor are facing the brunt of this pandemic. However, it is the poor who is severely affected. Both inter-state and inter-country migration of poor workers in search of work; has stopped. Although there are no or very minimal problems faced by…
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ANALYSING CHARITABLE EDUCATIONAL INSTITUTIONS’ CONDITIONAL INDUSTRIAL NATURE
Preface The term Industry has been defined under Section 2(p) of the Industrial Relations Code, 2020 (hereinafter “IRC”). The amalgamation of multifaceted and scattered statutes into one IRC has “arguably” resolved the issue of multiplicity and ambiguity ensuing Labour and Employment Laws in India. The contention as to whether “Charitable Educational Institutions” fall within the…
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INDIA’S MIGRANT WORKERS’ CRISIS: NEED FOR AN ALL-INCLUSIVE LEGAL FRAMEWORK
Parth Tyagi & Jaisal Singh Introduction Post the nationwide lockdown (March 24th) following the Covid-19 outbreak, millions of migrant workers were left floundering. They had the option to either die of starvation, or to leave for their homes in different states and expose themselves to the risk of contracting the coronavirus. Consequently, the lockdown, which…