TELECOM SERVICES BEYOND STATE’S CONTROL – THE MISNOMER

TELECOM SERVICES BEYOND STATE’S CONTROL – THE MISNOMER

The question before the Karnataka High Court in the matter of Bharti Airtel Ltd. vs. The Senior Labour Inspector was whether the State Government or its authorities have the jurisdiction to initiate prosecution against a telecom Company for non-compliance under the Minimum Wages Act, 1961. With regard to this intricate question of law, the Karnataka High Court held that Telecom Company’s do not carry on business on behalf of the Government of India; also, the…

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How to Manage Industrial Violence Effectively

How to Manage Industrial Violence Effectively

Industrial Violence is not new to the industrial scenario in India. In the 1980s violence was very common and Kerala and West Bengal were known for violent agitations by workers. The Left Governments kept supporting violence and decline of Industrial relations in India under the guise of supporting labour movements. However, the Judiciary was pro workers and the procedure for closure/lay offs was difficult, therefore even in impossible business environments closure of factory or lay…

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Taking the Leverage of Law

Taking the Leverage of Law

Introduction “There appear to be three preliminary objections which have become quite the fashion to be raised by all employers, particularly public sector corporations whenever an industrial dispute is referred to a tribunal for adjudication. One objection is that there is no industry, a second that there is no industrial dispute and the third that the workman is no workman”. This in an extract from the judgement of the Supreme Court in the matter of…

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Improvised Safety & Security Measures of Women Employees

Improvised Safety & Security Measures of Women Employees

In the wake of brutal and inhuman cases like Nirbhaya, Nayana Pujari, to name a few, the first and foremost question that comes to mind is “THE FOOLPROOF SECURITY OF EMPLOYEES, ESPECIALLY WOMEN” A lot has been spoken, discussed and deliberated. But the question is “What really can assure a failsafe security?” The following basic and common sense guidelines could be of much help to the companies regarding the same question. APPOINTING A DEDICATED DIRECTOR:…

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The Rights of Persons with Disabilities Act, 2016

The Rights of Persons with Disabilities Act, 2016

Introduction The Rights of Persons with Disability Act, 2016 received the accent of the President on 27th of December 2016 and came to be published in the official gazette on 28th of December 2016. Sec 102 of this Act speaks of repealing the pervious legislation in this regard i.e. The Persons with Disability (Equal Opportunity, Protection of Rights and Full Participation) Act of 1995. The Preamble of this Act clearly says that it aims to…

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Forced Resignations in the I.T. Industry

Forced Resignations in the I.T. Industry

Forced Resignation – a recent trend A recent developing trend in India involves professionals working in the I.T. Industry, being forced to resign from their respective companies against their wilful consent. This is seen as a part of a drive by companies to chop down the size of their work-force. I.T. Professionals have claimed that such forceful resignation is nothing but a trick to save on the costs of “severance pay”, which every organisation is…

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Status of an Employee in the I.T. Industry

Status of an Employee in the I.T. Industry

Introduction For an employee to be regarded as a ‘workman’ under the Industrial Disputes Act, 1946, there are two basic essentials. Firstly, the establishment has to be considered an “industrial establishment” according to the definition of “industrial establishment” and secondly, the employee has to be a “workman” within the definition of a ‘workman’ under sec 2 of the Industrial Disputes Act, 1946. Are IT Companies Industrial Establishments? According to sec 2 (k a) of the…

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Taking the Leverage of Law

Taking the Leverage of Law

Introduction “There appear to be three preliminary objections which have become quite the fashion to be raised by all employers, particularly public sector corporations whenever an industrial dispute is referred to a tribunal for adjudication. One objection is that there is no industry, a second that there is no industrial dispute and the third that the workman is no workman”. This in an extract from the judgement of the Supreme Court in the matter of…

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Note on Aspect of Holiday on Day of Local Body Election

Note on Aspect of Holiday on Day of Local Body Election

LEGISLATIVE FRAMEWORK: Maharashtra Municipal Corporation Act, 1949: Section 14(4) the State Election Commission is empower to pass such orders as it deems fit, for ensuring free and fair election. Constitution of India: Article 243(ZA) superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in State Election Commission referred to in Article 243-K and the State Govt. will have the power to…

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Need for Special LAWS for IT Industry

Need for Special LAWS for IT Industry

The IT industry has brought about revolutionary change in the Indian economy. All the state governments in the country welcomed the change. Vast funds have been invested in the IT sector that has created numerous employment opportunities. The IT industry enjoys several concessions in FSI, electricity, taxes etc. but the employee who is the most vital element in the system has remained neglected. The IT industry also introduced several changes in HR policies. The duty…

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