FAQs on working on Election Day

FAQs on working on Election Day

The note is made in the context of the Maharashtra Legislative Assembly Elections, 2019 which is to be held on 21/10/2019. The note is to clarify whether there is an obligation on employers to declare a holiday in there establishments on the day of elections i.e. 21/10/2019. The note has been prepared for the limited purpose of answering the General Queries with respect to declaration of Holiday on Election Day. The Circular issued by the…

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PMC Bank Fraud: Should RBI be Held Responsible?

PMC Bank Fraud: Should RBI be Held Responsible?

ABSTRACT On 24th September, 2019, the Reserve Bank of India imposed strict restrictions on PMC1 after finding certain irregularities in the bank. These irregularities went unnoticed in the inspections conducted by RBI, the Apex bank vested with powers for monitoring the banking system of the country. This raises a subsequent question regarding the responsibility of RBI in such scenarios. The PMC Bank debacle is the latest and yet another proof that the Reserve Bank of…

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CURRENT STATUS OF CODE ON WAGES, 2019

CURRENT STATUS OF CODE ON WAGES, 2019

Status of the Code on Wages, 2019 The Code on Wages, 2019 was introduced in Lok Sabha by the Minister of Labour, Mr. Santosh Gangwar on July 23, 2019 and passed by Lok Sabha on 30/07/2019 and Rajya Sabha on 02/08/2019.  It seeks to regulate wage and bonus payments in all employments where any industry, trade, business, or manufacture is carried out.  The Code replaces the following four laws: (i) the Payment of Wages Act,…

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EDUCATION AMOUNTS TO PUBLIC FUNCTION – HENCE WRIT MAINTAINABLE AGAINST PRIVATE SCHOOL

EDUCATION AMOUNTS TO PUBLIC FUNCTION – HENCE WRIT MAINTAINABLE AGAINST PRIVATE SCHOOL

INTRODUCTION The Hon’ble Supreme Court of India in the matter of Marwari Balika Vidyalaya vs. Asha Shrivastava and Ors. Civil Appeal No. 9166 of 2013 has held that the Writ of Mandamus was maintainable against a Private Unaided School. FACTS IN BREIF Respondent No. 1 applied for the position of an ‘Assistant Teacher’ at the Appellant organization. In view of the same, an interview was conducted, and Respondent No. 1 was appointed on probation in…

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Bosses Can’t Be Punished For Suicide of Overburdened Juniors

Bosses Can’t Be Punished For Suicide of Overburdened Juniors

On 10.04.2019, a software engineer working with a multi-national I.T. Company committed suicide. News Reports suggest that deceased was forced to take such a step owing to stress and harassment at work. With the rising amount of stress people face in their daily lives apart from the pressure and stress which is derived from their work, some employees who cannot handle such pressure are vulnerable to committing suicide and some even end up their lives…

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Whether ‘SPECIAL ALLOWANCES’ are a part of Basic Wages?

Whether ‘SPECIAL ALLOWANCES’ are a part of Basic Wages?

…An Insight For the better part of the last decade, the question that was there amongst both Labour Law practitioners and the Central Government Industrial Tribunals all around this Country was based on the specific question of law as to whether ‘allowances’ bearing different nomenclature, paid by any establishment to its employees would necessarily fall within the definition of ‘basic wages’ as provided u/s 2 (b) (ii) r/w sec 6 of the Employees’ Provident Fund…

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NO GRATUITY CLAIM FOR TEACHERS – JUDGEMENT PER INCURIUM!!!

NO GRATUITY CLAIM FOR TEACHERS – JUDGEMENT PER INCURIUM!!!

In the matter of Birla Institute of Technology vs The State of Jharkhand and Ors., Civil Appeal No. 2530 of 2012, the Apex Court observed that irrespective of the nature of employment, a Teacher shall not be entitled to claim Gratuity under the provisions of the Payment of Gratuity Act, 1972 (‘Act’). FACTS Respondent No. 4 in the said matter, joined the services of the appellant organization in the year 1971 as an Assistant Professor…

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Need Not Choose Between Motherhood And Employment

Need Not Choose Between Motherhood And Employment

Recently in the matter of Rasitha C.H. vs State of Kerala and Ors. WP. (C) No. 5507/2018, the Hon’ble Kerela High Court has reiterated that benefits of maternity cannot be refused merely on the nature of employment. In the present case in hand, the writ petitioner was working an Assistant Professor in Medical Microbiology on contract basis at the School of Health Sciences, in Calicut University. She had been working with the said institute since…

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APPREHENSION OF FUTURE AILMENT – NOT A VALID GROUND TO REFUSE EMPLOYMENT

APPREHENSION OF FUTURE AILMENT – NOT A VALID GROUND TO REFUSE EMPLOYMENT

CASE Union of India and Ors. vs. Nenavath Suresh (31.08.2018 – HYHC): MANU/AP/0425/2018 RATIO Mere apprehension about future medical complications cannot be a ground for regarding a candidate as unfit for present employment. BREIF FACTS OF THE CASE The respondent applied for the position of Work Assistant in the Department of Atomic Energy, Government of India; He was appointed in ad hoc service to a position of Work Assistant which was reserved to Scheduled Tribes;…

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YET ANOTHER WHIP – FOR A REASONED ORDER

YET ANOTHER WHIP – FOR A REASONED ORDER

CASE Central Board of Trustees vs Indore Composite Pvt. Ltd.  – {2018 (8) SCC 443} RATIO In case of the absence of any application of judicial mind to the factual and legal controversy involved and without there being any discussion, appreciation, reasoning and categorical findings on the issue, a writ petition does not deserve to be upheld or reversed. BREIF FACTS OF THE CASE Appellant issued summons u/s 7A of the Employees Provident Fund and…

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