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Labour & Service Law Articles


Judicial review of departmental proceedings

  Swami Sadashiva Brahmendra Sar   16 June 2009 at 10:19

Ordinarily, a court would not interfere with the findings of the Enquiry Officer. He is entitled to draw his own inference and so long as the inference drawn by him is supported by some materials on record, it is well settled that a Court of judicial ..


Posted in Labour & Service Law  2 comments |   4123 Views


Difference between inquiry officer and disciplinary authori

  Swami Sadashiva Brahmendra Sar   29 May 2009 at 11:10

In State Bank of India v. S.S. Kosal 1994 AIR SCW 2901 the supreme court held that where the Disciplinary Authority disagreed with the findings of the Enquiry Officer on some of the charges. No such fresh opportunity is contemplated by the State Bank ..


Posted in Labour & Service Law |   6999 Views


Welfare statutes

  Swami Sadashiva Brahmendra Sar   26 May 2009 at 10:38

Semantic luxuries are misplaced in the interpretation of 'bread and butter' statutes. Welfare statutes must, of necessity, receive a broad interpretation. Where legislation is designed to give relief against certain kinds of mischief, the Court is n ..


Posted in Labour & Service Law |   2785 Views


Ad-hoc period

  Swami Sadashiva Brahmendra Sar   23 May 2009 at 12:43

In a bunch of appeals, in State of Rajasthan v. Jagdish Narain Chaturvedi (civil appeal no 3620/2009 ) decided on 08/05/2009, the apex court has held that “in order to become "a member of service" candidate must satisfy four condition ..


Posted in Labour & Service Law |   4060 Views


Labour Laws

  G. ARAVINTHAN   16 May 2009 at 12:09

The history of labour struggle is nothing but a continuous demand for a fair return to labour expressed in varied forms i.e. (a ) Increase in wages, (b) Resistance to decrease in wages, and (c) grant of allowances and benefits etc. If a labourer want ..


Posted in Labour & Service Law |   2687 Views


'Post' and 'vacancy'

  Swami Sadashiva Brahmendra Sar   14 May 2009 at 08:24

The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means an appointment, job, office or employment. A position to which ..


Posted in Labour & Service Law |   2681 Views


Provident Fund Full Details

  Shambasiv   14 April 2009 at 10:16

PF:1. The Employees Provident Fund Scheme, 19522. The Employees Family Pension Scheme, 19713. The Employees Deposit-Linked Insurance Scheme, 1976Calculations: P.F from BasicEmployee: 12% (P.F)Employer: 3.67% Provident Fund (A/c 1) + 8.33% Pension (A/ ..


Posted in Labour & Service Law  1 comments |   34549 Views


Compliance With Labour & Retrenchment Laws in India

  Rajendran Nallusamy   19 March 2009 at 13:43

Compliance With Labour & Retrenchment Laws in India - Hire & Fire Policy of the Indian IT IndustryBy Seema Jhingan One of the most critical need of the burgeoning Indian software industry and other outsourcing service providers is to have th ..


Posted in Labour & Service Law  2 comments |   12165 Views


Importance Of Employment Contracts - Know Their Value

  Rajendran Nallusamy   19 March 2009 at 13:43

Importance Of Employment Contracts - Know Their ValueBy Abhishek Agarwal Anyone who works for an employer for a regular wage or salary automatically has a contract of employment, regardless of whether it is written or not. The majority of employees ..


Posted in Labour & Service Law |   4248 Views


Jurisdiction of Civil Court in labor matters - when not barred.

  Swami Sadashiva Brahmendra Sar   04 March 2009 at 23:42

Jurisdiction of civil court in labor matters – when not barred .Jurisdiction of a civil court in an industrial dispute is not barred in case the dispute relates to violation of fundamental rights of a workman or the violation of general law o ..


Posted in Labour & Service Law  2 comments |   8714 Views