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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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A MISSED OPPORTUNITY: THE OCCUPATIONAL SAFETY, HEALTH, AND WORKING CONDITIONS CODE, 2020

Pallavi Modi & Priyal Reddy Introduction Article 39(e) of the Constitution of India remarks that the State should focus and tender for the health and strength of the workers. Despite this Constitutional protection, the health and security of workers has always been a dwindling issue in the country. It is also important to understand that …

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INDUSTRIAL RELATIONS CODE: SWAPPING JUDICIAL AUTHORITY FOR EXECUTIVE DISCRETION?

Pratyush Hari Introduction In a bid to improve India’s Ease of Doing Business, the Central Government has decided to consolidate all 44 of India’s labour legislations into four distinct codes in 2019. The codes consolidate various legislations into four broad aspects of labour law: (i) wages (ii) industrial relations (iii) social security and (iv) occupational …

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PAYMENT OF WAGES: THE EMPLOYER-EMPLOYEE TUSSLE IN THE COVID-19 CONTEXT

Pritesh Raj & Tamanna Gupta “Lockdown had an equally adverse effect on employers as well as employees…” Ashok Bhushan, J. The COVID – 19 pandemic has led to complete shutdown of commercial entities, as a result of which a considerable proportion of the labour class has gone unemployed. This has led to a surge of …

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UNIVERSAL RATIFICATION OF CONVENTION 182 OF INTERNATIONAL LABOUR ORGANIZATION- A SHORT STEP TOWARDS THE LONG MARCH AHEAD

Amit Kumar On 4th August 2020, Convention 182 of the International Labour Organization (ILO) received ratification from all (187) member states of ILO. Convention 182 deals with the worst forms of child labour. It was adopted in 1999 to eradicate child labour in worst forms with the help of national and international action and co-operation. …

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THE UNCERTAINTY SURROUNDING THE AVAILABILITY OF MATERNITY BENEFITS TO SURROGATE MOTHERS

Kriti The provision of maternity protection is essential in furthering the idea of equal opportunity in employment. The idea of providing for such benefits is to prevent childbirth from working as a deterrent to women in their employment, and to ensure that women do not have to pick between their “reproductive and productive roles.” As …

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FLICKERING RIGHT TO LIVELIHOOD OF VENDORS IN THE TIMES OF COVID-19

Ridhima Chadda INTRODUCTION The world is suffering from the pandemic and fighting for survival through lockdowns. These lockdowns, which aim to prevent the spread of virus, have caused a huge loss to the economy of many countries. The pandemic has heavily affected trade and employment. Many employers lost their jobs and ran out of resources. …

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THE PARADOX OF CLARITY IN THE CODE ON MINIMUM WAGES, 2019: AN ANALYTICAL STUDY

Disha Mohanty & Satvik Mishra What is Minimum Wage? Minimum wage can be defined as the least remuneration that is paid by the employer to the people employed by him, which cannot be altered by any form of contract. The various means of fixing minimum wages include statutes, decisions of a competent authority, industrial / …

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