Law Shastra

  The Hon’ble High Court of Karnataka Bengaluru in its order dated 23.02.2023 in Writ Petition No. 3788 of 2012 (L-RES) between Mysore Electricals Industries Ltd (Government of Karnataka undertaking) and Engineering and General Workers Union has ordered for treating the employees of the contractor as the employees of the principal employer. Further directed that the principal employer shall regularize their services subject to availability of the vacancies and in the event, there being no vacancy as and when vacancies arise. The principal employer shall give preference to the contract labourers, if they are found suitable by relaxing the condition as to the maximum age, as also academic qualification (source: Karnataka Employer’s Association)     Key Questions considered by the Hon’ble Court: (a) Whether an industrial dispute can be raised for abolition of the contract labour ...

  Understanding the PoSH Act and Ensuring Governance Posted On EFI's blog - October 8, 2021 Series 2 – Perspective by Supreme Court/High Courts – illustrative case laws Written By:  Vasudevan V, Head, LAC, EFI General Counsel & ICC Member for Smollan-HUL JV, Certified Corporate Governance Professional & Member of Core Advocacy Committee – Retailers’ Association of India (RAI) I sincerely acknowledge and appreciate Advocate Bharat Goel, for his minute review of this series and value addition, to ensure that the readers get a better and holistically perspective on the subject matter. “ Though there are number of organizations conscious about the need to adopt appropriate policies and comply with the provisions of the PoSH Act, the most pressing concern that I have found is the lack of training on legal knowledge among the Internal Committee Members (IC) for conducting of an inquiry. Members of IC are usually found unable to conduct inquiries or appreciate evidence or dra...