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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EQUAL PAY FOR EQUAL WORK

EQUAL PAY FOR EQUAL WORK

An employee engaged for the same work, cannot be paid less than another, who performs the same duties and responsibilities. This was the view laid down by the Supreme Court of India in the matter of State of Punjab and Ors. vs. Jagjit Singh and Ors. The Apex Court observed that India being a Welfare State, it would be nothing but demeaning to deprive any temporary worker here of his/her right to equal pay for…

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EXTENSION OF EMPLOYMENT CONTRACT – NOT A MATTER OF RIGHT

EXTENSION OF EMPLOYMENT CONTRACT – NOT A MATTER OF RIGHT

The Calcutta High Court was confronted with an important question as to whether ‘extension of an employment contract can be asked as a matter of right’? The Calcutta High Court in this regard has upheld the cardinal principle of service jurisprudence, “an employee holding a post, be it contractual or tenure has no right to ask for automatic extension unless nothing repugnant appears from the letter of appointment”. The above-mentioned contention came before the High…

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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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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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Benefits to Contract workers vis-à-vis Permanent Workers

Benefits to Contract workers vis-à-vis Permanent Workers

The Hon’ble Madras High Court in the matter of Airport Authority of India vs. Authority under Contract Labour (R & L Central Rules), Writ Petition No.8591 of 2002, decided on 14.06.2011; held that where the workmen employed by a Contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment the wage rates, holidays, hours of work and other condition of service of the contractor,…

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Background Checks and Employment Laws in India

Background Checks  and Employment Laws in India

  In today’s highly competitive business environment it is necessary to verify the antecedents of the employees in order to protect confidential information as well as maintain integrity of the organization. Certain instances have been noticed in the recent past, where employees have sought employment on the basis of fake educational qualifications or salary certificates. Even experience certificates are known to have been doctored. In a recent incident, one employee questioned the right of his…

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