Impleading of Immediate employers (Contractors) in proceedings under section 45A of Employees’ State Insurance Act, 1948. (“ESI Act”)

Impleading of Immediate employers (Contractors) in proceedings under section 45A of Employees’ State Insurance Act, 1948. (“ESI Act”)

In today’s competitive world employers engaging services of contractors is very common. However, ESIC acts as recovery agents in sending the employers notice u/s 45A of the ESI Act to recover the ESI contributions. ESIC targets outsourcing of service and attempts to recover the ESI Contributions from the principal employer without impleading contractors as a party. Many a times, ESIC contributions are paid by the principal employer, but the record may not be available with…

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MERE FILING OF AN APPEAL SHALL NOT RESULT IN TERMINATION

MERE FILING OF AN APPEAL SHALL NOT RESULT IN TERMINATION

  Petitioner: Unnamed Court: Bombay High Court Respondents: Headmistress, Noorul Islam Primary School & Ors. Date of Order: 23.04.2018 Citation: Writ Petition No. 13708 of 2017 Facts The Petitioner in this case was a teacher in a primary school. At the initiative of Respondents No. 1 and 2, the service of the Petitioner was terminated claiming that she had indulged in an extra-marital affair. Aggrieved by this decision of the Respondents, the Petitioner approached the…

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OUTSOURCING – to be or not to be??

OUTSOURCING – to be or not to be??

“Labour disgraces no man; Unfortunately, you occasionally find men who disgrace labour” Conflicts between employers and employees have perennially existed in our industry. To curb exploitation of labour by employers, the Indian legislators had come out with various statutory hurdles. To counter such statutory obstacles imposed by the Legislature, attempts had also been made to drift from permanency of labour to rightsizing and affinity for outsourced labour. Earlier outsourced labour were hired only for peripheral…

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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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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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Sexual Harassment Law, detailed Analysis

Sexual Harassment Law, detailed Analysis

1. INTRODUCTION ‘A’ worked for a reputed consultancy firm in Mumbai. After her failure to reveal conflict of interest due to her husband’s similar consultancy firm and further refusal to repay the loan she took from the employers, she was asked to resign. Instead, the lady filed a sexual harassment case against her employer and his wife. ‘C’ worked as a bank manager for a reputed bank in Mumbai. ‘B’ comes to him asking him…

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Labour Laws in India Applicable To IT Companies

Labour Laws in India Applicable To IT Companies

The recent and ongoing economic down surge has resulted in a large number of IT jobs being cut and hiring strictures being put in place, both of which, quite understandably, have not gone down well with the young IT professionals the country churns out every year. In 2013, the incident of the fresh HCL recruits forming a Union and staging protests after the IT Company delayed their joining dates at least five times officially, shows…

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Industrial Relations in India and Labour Trouble in new units

Industrial Relations in India and Labour Trouble in new units

Industrial Relations problems occurring in any manufacturing setup today is a part of day to day life. However, when new units start facing labour trouble certain labour laws in India and trade union movements are blamed. Therefore analyzing the reasons for problems that occur in industrial labour relations in India is important; In any new factory, during the period before commencement of manufacturing activities, the focus of the management is mainly on setting up of…

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