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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The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017

INTRODUCTION The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (hereinafter been referred to as the HIV and AIDS Act, 2017) happens to be one of the most recent statutory laws to be passed by our Legislature.  This Act was passed on the 21st of April, 2017, after having got the assent of the President on 20th of April, 2017. It is indeed a crucial Act considering the population of…

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Maternity leave available for women attain motherhood through surrogacy.

Maternity leave available for women attain motherhood through surrogacy.

The Bombay High Court recently granted maternity leave to a woman who had attained motherhood through surrogacy. The Court relied upon the judgment of Nagpur Bench of Bombay High Court in the case of Dr. Mrs. Hema Vijay Menon v. State of Maharashtra & Ors, wherein it was held, “A woman cannot be discriminated, as far as maternity benefits are concerned, only on the ground that she has obtained the baby through surrogacy. Though the…

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Bank Unions Join All India Strike

Bank Unions Join All India Strike

“The neo-liberal economic policies are aggravating the problems of the workers and common masses “− CH Venkatachalam, General Secretary, All-India Bank Employees’ Association Major central trade unions (CTU) across India and across sectors are going on strike on 2nd September and the bank unions are to join the call says the General Secretary, All-India Bank Employees’ Association CH Venkatachalam. The strike, declared in earlier in the year was primarily against the governments proposed labour policies…

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