Category: Labour Law

Industrial Disputes and Individual Disputes under Industrial Disputes Act, 1947

By Palak Verma & Aditya Tomar Editor’s Note: This paper discusses the concepts of industrial disputes and individual disputes under the Industrial Disputes Act, 1947. Industrial Dispute-Sec. 2 (k) Industrial Dispute is “any dispute of difference between employers and employers or between employers and workmen; or between workmen and workmen, […]

Unionisation of sex workers in India

By Tarunya Shankar Editor’s note: India recently decriminalized prostitution, making the profession legal but retaining brothel ownership as illegal. This afforded protection to women from abuse, social stigma and the paper examines a rising need for unionization of the industry, allowing them a forum in which to voice their grievances. […]

SIGNIFICANCE OF MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE ACT, 2005

By Shivani Gupta, HNLU Raipur Editor’s Note: MNREGA 2005 was a major piece of legislation which reaffirmed India’s position as being a welfare state. The Act guaranteed at least 100 days of paid work in rural areas in a year. At the time it was widely hailed as definitely securing […]

An Incisive Analysis of Section 33A of The Industrial Disputes Act, 1947 and Related Issues

Social and economic justice is the ultimate ideal for any industrial adjudication and the basis for this ideal lies in the guiding principles of social welfare, common good and the directive principles of state policy enshrined in the Constitution. The rationale behind legislation of Sec. 33 and Sec. 33A is to provide protection of an employee and a tribunal has jurisdiction to do complete justice between the parties with regard to the matter in dispute and also give such relief as the nature of the case may require. It seeks to protect the workmen concerned in the disputes which form the subject matter of the pending conciliation proceedings or proceedings by way of reference under Sec. 10 of the Act and to bring about the resolution of such disputes in a peaceful manner.

Bangalore Water Supply Case: Sovereign Functions

By Debkanya Naskar, NUJS Editor’s Note: The author, in this project, seeks to answer the following question. Does Bangalore Water-Supply & Sewerage Board, Etc. v. R. Rajappa & Others, 1978 SCC (2) 213 give us manageable standards for the application of the Doctrine of Sovereign Function? 1. INTRODUCTION The Bangalore case bench[i] […]

Changes in Labor Jurisprudence in West Bengal

By Soumik Chakraborty Editor’s Note: The Industrial Disputes Act and other peripheral labor law legislations are socialistic, beneficial legislation, and must be interpreted in the best manner possible to favor the vulnerable sections of society. But at the same time attempts by parties to file frivolous and malicious suits based […]

Payment of Gratuity Act, 1972: A Critical Analysis

By Prachi Agrawal, CNLU Editor’s Note: Gratuity is a voluntary Payment made by the employer to the employee in recognition of continuous, meritorious services and sincere efforts by the employee towards the organization. It is governed under the Payment of Gratuity Act 1972. It  is  an  Act  to  provide  for  a  […]