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, […]
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. […]
Sagnik Saha Editor’s note: Child labour, the act of minors working in potentially dangerous activities, has more downfalls than what meets the eye. Not only are children forced to gamble on their health and safety, the wages and job availability for adults decreases as well. This leads to a downward […]
Yashaswini Prasad, Jindal Global Law School Editor’s note: Gender equality and protection of women’s interests in labour law has become crucial in recent times. This paper deals with international as well as municipal laws which focus on the promotion of women’s interests in labour law. In India, the percentage of […]
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.
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] […]
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 […]
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 […]