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labour service law


Registration of Trade Union obtained by fraud/mistake can be cancelled - Supreme Court

One Mr. R.G. D'souza, President of Poona Employees' Union submitted an application for registration of the Trade Union, which was granted. Due to internal clashes, he was expelled from the Trade Union. There were some disputes between Poona Employees' Union and another Trade Union by name, Bharatiya Kamgar Sangha. ..

Posted in articles |   664 Views


Divorced Daughter Eligible for Freedom Fighter's Pension

Father of Khajani Delvi of Bhiwani in Haryana, a freedom fighter, died in 1994. She lost her mother a year later. She is the only daughter of her parents. Khajani had divorced her husband in 1989 and moved in with her parents. She has no child.   After the death of her parents, s..

Posted in articles |   5 comments |   616 Views


Dismissal for fraud not justified when other three accomplices were not punished - SC

One Sri. A.K. Saxena joined State Bank of Patiala as Cashier-cum-Clerk in 1978. On 16.04.1991, a customer by name Harishankar Yadav made a complaint against three employees regarding fraudulent withdrawal of Rs.80,000/- from his account. The customer also filed criminal cases against the three employees regarding the above fraudulent withdrawal. The customer did ..

Posted in articles |   16 comments |   573 Views


Bonus Act Amendment 2015

After giving due consideration to the demands of trade unions with regards to increase the bonuses being given to workers under the Payment of Bonus Act, 1965 (“Principal Act”), the Government of India introduced the Payment of Bonus (Amendment) Bill, 2015 (“Amendment Bill”), in the Lok Sabha on 7 December 2015 and the same was passed on 2..

Posted in articles |   3 comments |   1936 Views


Payment of gratuity under the provisions of the payment of gratuity act, 1972

PAYMENT OF GRATUITY UNDER THE PROVISIONS OF THE PAYMENT OF GRATUITY ACT, 1972 VIS-A-VIS THE RULES OF THE GOI/ VARIOUS MINISTRIES/DEPARTMENTS/STATES—A STUDY RETROGRADE FOR PROSPECTIVE AND RIGHTFUL CLAIM BY THE EMPLOYEE'S RETIREMENT ON SUPERANNUATION BEYOND 33 YEARS OF SERVICE. ..

Posted in articles |   5 comments |   3114 Views


Restrictions on Appearance of Advocates under Sec 36(4) of Industrial Disputes Act 1947

“Restrictions on Appearance of Advocates under Sec 36(4)  of Industrial Disputes Act 1947 – Needs Reconsideration”   The subject of appearance of the Advocates as of right before the Labour courts and industrial Tribunal created under the I..

Posted in articles |   24 comments |   3973 Views


Protection of women under the labour laws

 INTRODUCTION Women constitute half the population of the society and it is presumed that best creation belong to the women. But it is a harsh reality that women have been ill-treated in every society for ages and India is no..

Posted in articles |   8 comments |   13549 Views


Need for amendment in Industrial Disputes Act, 1947

The 18th Law Commission was constituted for a period of three years from 1st September, 2006 by Order No. A.45012/1/2006-Admn.III (LA) dated the 16th October, 2006, issued by the Government of India, Ministry of Law and Justice, Department of Legal Affairs, New Delhi. Dr. Justice AR. Lakshmanan, Chairman, Law Commission of India, on the 25th day of June, 2009 sub..

Posted in articles |   2 comments |   3267 Views


Brief Overview of Labour Laws in India

Introduction to Labour Law in India   Labour Law is the body of law that governs the employer-employee relationship, including individual employment contracts, the application of tort and contract doctrines, and a large group of statutory regulation on issues suc..

Posted in articles |   9 comments |   13079 Views


Disciplinary Actions

CHARGE-SHEET/SHOW CAUSE NOTICE   A charge-sheet is a document which sets out the allegations of misconduct, misbehavior, indiscipline, lack of interest, negligence etc. on the part of the employee which he should not have committed in contravention of existing rules..

Posted in articles |   33 comments |   13027 Views


An Overview on BOCW Act, 1996

The construction workers are the most numerous and vulnerable section in India.As the construction companies are growing more and more, many of farm labourers are joining into Reality and Construction Sector as unskilled workers because of poor income and uncertainty in the agriculture sector.The workers are being hired from the remote villages and sent to the co..

Posted in articles |   8 comments |   51917 Views


Migrant Labour- A detailed Study

  Synopsis   1. Definition 2. Background of the Concept 3. Laws related to Migrant Labour and the s..

Posted in articles |   1 comments |   12238 Views


Expect more transparent pension policies

The new Insurance and Regulatory Development Authority's (IRDA) regulations on pension plans have kept the need of the guarantee intact, but aim at encouraging insurance companies to launch more unit-linked pension plans (ULPPs)...

Posted in articles |   2428 Views


Whether conveyance allowance should not be included in wage for ESI calculation

Whether conveyance allowance should not be included in wage for ESI calculation in view of recent judgment i.e. In re Cosmopolitan Club, dated 30.6.2011.decided by division bench ..

Posted in articles |   1 comments |   11935 Views


Protected Workmen (Industrial Disputes Act, 1947)

When we learn Industrial Disputes Act, 1947, there are some terms and definitions which require a lot of explanations. Even the courts have tried to interpret these terms in different situations in different ways. Hence an ordinary student will be confused in understanding these terms. The term ' Protected w..

Posted in articles |   9 comments |   26418 Views




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