Law Shastra

MATERNITY BENEFIT FOR CONTRACTUAL WORKWOMEN AND FIXED TERM CONSULTANTS-  APPLICABILITY AND THE NUANCE OF EXTENDED TENURE TO ENSURE BENEFITS.   MATERNITY BENEFITS ACT, 1961 (The Act) – Object of – To safeguard employment of women for the period before and after the birth of a child. An Act to regulate the employment of women in certain establishments for certain periods before and after child-birth and to provide for maternity benefit and certain other benefits. The benefits under this law certainly should be available to all woman who are employed in any establishment and includes women who are employed on contractual, casual, fixed term including consultant, as the definition of woman, under section 2(0) of the Act means     a woman employed, whether directly or through any agency, for wages in any establishment . However, neither the woman employee is made aware nor many industry fulfil this obligation, especially when the woman happens to be a contractu...

A contract of service is not a stand alone contract or employment document, as its commonly thought! Such a contract, besides the Contract Act, is governed by diverse law, depending on the central, state enactments, the nature of establishment/industry and most importantly the nature of employment, category, title and related factors. Professional employment contracts also cover confidentialy, IP rights IT provisions besides disclosure policies.  Deliberations under this post focus on empoyment in a commercial establishment covering various Industry, and how a thoughtless termination can go wrong. Emphasis on COVID as it is the most predominating situation at this juncture. The key laws that apply for an employment contract are the Shops & Commercial Establishments Act (title different for certain States), Industrial Disputes Act, Industrial Employments (Standings Orders) Act (IESO) and certain special enactments, for certain States, like Maharashtra, TN.  The Central Gove...

IMPORTANT POINTS:  The interpretation of the Arbitral Tribunal to expand the meaning of  a clause in the contract to include change in rate of HSD is not a possible interpretation of this contract, as the appellant did not introduce any evidence which proves the same Section 34 -  Recourse to a Court against an arbitral award was dwelved at depth to test the course of decision by the High Court. The  appellant was awarded a work order basis  tender floated by the Respondent and the the contract  was for the purpose of well drilling and other auxiliary operations in Assam. Although, the contract was initially only for a period of two years, the same was extended for two successive periods of one year each by mutual agreement, and finally the contract expired on 04.10.2000 CIVIL APPEAL NO. 673 OF 2012 SOUTH EAST ASIA MARINE ...APPELLANT ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LTD.) VERSUS OIL INDIA LIMITED …RESPONDENT With CIVIL APPEAL NO. 9...

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Key Points of relief (subject to Supreme Court's hearing petitions on MHA Orders. - Allowances fixed to defray special expenses like conveyance, and food allowances may be     deducted but the wages are to be paid - no relief granted - As the Mah Government has partially lifted lock down in select safe zones (Green Zones, etc>)   deduction for workers who were directed to attend to work but remain absent may be considered subject to due process of law  IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION STAMP NO.10569 OF 2020 (Align Components Pvt. Ltd., and another Vs. Union of India and others) WITH WRIT PETITION STAMP NO.10570 OF 2020 WITH WRIT PETITION STAMP NO.10571 OF 2020 WITH WRIT PETITION STAMP NO.10572 OF 2020 WITH WRIT PETITION STAMP NO.10573 OF 2020 Mr.T.K.Prabhakaran, Advocate for the petitioners. Mr.D.G.Nagode, Standing Counsel for Union of India, Respondent Nos. 1 and 2. Mr.D.R.Kale, Government Pleader f...

: Liability of the employers to remunerate its employees in current pandemic situations namely COVID-19 – Lock Down – Bar on Termination and mandated payment of wages  • Industry Impact and alternative options 1.  FOREGROUND:  Date Sequence of Emergence of Covid & Impacting scenario 31 Dec 19 The outbreak of COVID-19 or novel Coronavirus started from Wuhan, China and by March 2020, spread across various parts of the world, thus, adversely affecting the international and national economic activities. 11 Mar 20 WHO (World Health Organization) declared COVID-19 as pandemic. With sudden spurt of cases in India, various State Governments imposed lock-downs, owing to which the work was ceased at various industries, organizations, enterprises, companies. 24 March 20 The Central Government, declared nation-wide, 21 day period lock-down, thus, only allowing essential services and other ancillary services to function. 27 Mar20 The Ministry of Labour and Emplo...