REINSTATEMENT WITH FULL BACK WAGES NOT TO BE A MECHANICAL PROCEDURE

REINSTATEMENT WITH FULL BACK WAGES NOT TO BE A MECHANICAL PROCEDURE

In cases relating to termination of labour, where such termination is evidently illegal, awarding of reinstatement with full back wages by Courts should not be a merely mechanical exercise and the same shall be done considering the circumstances of the case. The same was held by the Supreme Court in District Development Officer & Anr. vs. Satish Kantilal Amrelia.[1] In the order dated 28.11.2017, the court reasoned that same by considering daily wage workers, who…

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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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Safety First – The Importance of Labour Law Audits

Safety First –  The Importance of Labour Law Audits

The Labour law audits are integral  in today’s industrial world,  for the proper functioning of and safety for employees within an establishment in line with the principles laid down by labour laws in India. As labour laws stand today, with several amendments being proposed, the powers of the inspector are yet unregulated and ‘Inspector Raj’ continues to dictate what the CEO of a corporation big or small  should do. For example : failure to inform…

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