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labour service law


CHILD WORKER: LAW AND ECONOMY

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Posted in articles |   1 comments |   3269 Views


Sexual Harassment Bill- recipe os legal abuse

  What is Sexual Harassment at Workplace: In Visakha Judgment, the Supreme Court defines sexual harassment at workplace. The Vishaka judgement provides the basic definition of sexual harassment at the workplace. According to the ..

Posted in articles |   2761 Views


Coverage of Employees under Provident Fund Act

  Coverage of Employees under Provident Fund Act H.L. Kumar, Advocate (Supreme Court), New Delhi. The Government takes a month’s salary from an employee and asks his employer to pay another month’s salary every year and buries their contributions in a fund of its own called Employees’ Provident Fund. Bu..

Posted in articles |   3 comments |   17419 Views


Non supply of documents - prejudice theory

 In many cases on behalf of employee a ground is taken that during inquiry proceedings, certain documents were not supplied to him and thus the inquiry proceedings are bad in Law as there..

Posted in articles |   2 comments |   4851 Views


Transfer- an incidence of service

The legal position has been crystallized in number of judgments that transfer is an incidence of service and transfers are made according to administrative exigencies. In   Gujaratspan style="mso-spacerun: y..

Posted in articles |   3398 Views


Judicial review of departmental proceedings

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 review would not..

Posted in articles |   2 comments |   3803 Views


Difference between inquiry officer and disciplinary authori

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 th..

Posted in articles |   5008 Views


Welfare statutes

 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 not to make inroads by making etymological excursions. 'Void ab initio' invalid and inoperative' or call it what you will, the workmen and the ..

Posted in articles |   2515 Views


Ad-hoc period

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 p class="MsoNormal" style="margin: 0in 0in 0pt 0.5i..

Posted in articles |   3901 Views


Labour Laws

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 wants to achieve these gains individually, he fails because of his weaker bargaining power, the management with the better economic background stands in a..

Posted in articles |   2326 Views


'Post' and 'vacancy'

The expression "posts" and "vacancies," often used in the executive instructions providing for reservations, are rather problematical. The word "Post" means ..

Posted in articles |   2123 Views


Provident Fund Full Details

PF: 1. The Employees Provident Fund Scheme, 1952 2. The Employees Family Pension Scheme, 1971 3. The Employees Deposit-Linked Insurance Scheme, 1976 Calculations: P.F from Basic Employee: 12% (P.F) Employer: 3.67% Provident Fund (A/c 1) + 8.33% Pension (A/c 10) + 1.10% Admin Charges on PF (A/c 2) + 0.50% EDLI (A/c 21) + 0.01% Admin Charges on EDLI (A/c 22) =>13.61% on basic * Pensio..

Posted in articles |   1 comments |   33667 Views


Compliance With Labour & Retrenchment Laws in India

 Compliance With Labour & Retrenchment Laws in India - Hire & Fire Policy of the Indian IT Industry By Seema Jhingan   One of the most critical need of the burgeoning Indian software industry and other outsourcing service providers is to have the flexibility and the independence to hire the most worthy of the manpower and fire the unproductive..

Posted in articles |   2 comments |   11613 Views


Importance Of Employment Contracts - Know Their Value

 Importance Of Employment Contracts - Know Their Value By 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 work under open-ended contracts of employment. In other words, the contract continues until su..

Posted in articles |   4056 Views


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

Jurisdiction of civil court in labor matters  –span style="ms..

Posted in articles |   2 comments |   7128 Views




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