श्रम परमो धर्म:
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Udhav Mittal and Tarushi Tiwari Recently, the Supreme Court observed that whether an employee has been able to discharge the burden that he was not gainfully employed after order of compulsory requirement or not is an issue which is to be decided in the facts of each case taking into consideration the entire material on…
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Dr. Aabir Bhattacharya and Divyanshi Shukla Introduction The Andhra Pradesh High Court, in its recent judgment has laid down that provisions of the Minimum Wages Act, 1948 do not apply to a religious Math. The Court held that the power of the Commissioner does not extend to interfering with the secular activities of the Math.…
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Introduction The press, the public, and the labor movement expressed worry about Amazon’s frenzied work speed, irrational corporate culture, and appalling working conditions at the end of 2017. Since 2001, the continuing labor dispute between the United Services Union and the mail-order behemoth Amazon has been creating noticeable sparks all around the world. Recently, a…
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Tisa Padhy Introduction In the recent Rajasthan Rajya Vidyut Prasaran Nigam Limited vs. Anil Kanwari judgement of the Hon’ble Supreme Court, it was held that an employee who had made false declarations or suppressed vital personal information affecting the job profile is not entitled to continue in service by taking the plea of it being…
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Introduction On 28th September 2020, four new labour law codes were introduced by the Central Government which dealt with the subject matter of industrial relations, social security, occupational health, safety and working conditions as well as wages of the employees. Under the Industrial Relations Code, 2020, (hereinafter, “IR Code”) three major legislations, i.e., Industrial Disputes…
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A recent tweet criticizing the popular food delivery app ‘Swiggy’, by describing how the company gets away with mistreating its delivery people has sparked outrage. This is not the first time that Swiggy and similar apps have come under fire for mistreating their employees, and if the existing legal frameworks are not altered, it will…
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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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Srijan Mishra and Ronak Lodha A division bench of the Apex Court headed by Justice Ajay Rastogi has held that the employees are not estopped from challenging the terms and conditions of employment if it violates the statutory requirement. This was held in the Somesh Thapliyal Vs. Vice Chancellor, H.N.B. Garhwal University case wherein the…
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Standing Order is the model code of conduct of an organization applicable only to those organizations employing more than 300 or more employees presently or had employed in the preceding 12 months as elucidated under Section (§) 28 of the Industrial Relations Code 2020 (IRC/the Code). Initially, it was dealt with by the Standing Orders Act (the…
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Sohair Shamim Wani The amendment in the Labour Welfare Fund brought in force on 11th August, 2021 by the Labour and Employment Department of Gujarat omitted the Rule 3AA sub-clause 1(a) that states that “Every employer of an establishment shall maintain and preserve for a period of ten years – a register of wages in…