Law Shastra

  https://akgcounsel.com/post-dated-cheques-security-or-burden/

  https://www.meity.gov.in/writereaddata/files/The%20Digital%20Personal%20Data%20Protection%20Bill%2C%202022.pdf

  Provision for an external member for PoSH As per Section 4 of the PoSH Act: A senior female employee should head the PoSH Committee, At least half of the PoSH Committee members should be women, and One member should be from an NGO or an association that works for women’s empowerment. They can also be a person who is familiar with issues related to sexual harassment. Many  PoSH Practitioners and organizations have relied on Rule 4 of the Act - The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, shortly known PoSH Act),  according to which , a “person familiar with issues related to sexual harassment” is an expert in such issues, including  A social worker with at least 5 years of experience in social work. Such social work should create favorable conditions for women’s empowerment. It should address workplace sexual harassment. A person who is familiar with labor, service, civil, or criminal law. However, this is incorrect ...

  IN THE HIGH COURT OF JUDICATURE AT BOMBAY  ORDINARY ORIGINAL CIVIL JURISDICTION   WRIT PETITION NO.791 OF 2022 MSL Group India & Anr. .. Petitioners Versus Eknath Narayan Shelar .. Respondent … Mr.Anand Pai i/b Udwadia & Co. for the Petitioners. None for the Respondent. ... CORAM: RAVINDRA V. GHUGE, J.   DATED : 10th FEBRUARY, 2022 IMPORTANT POINTS It is a settled position of law that acceptance of retrenchment compensation, does not amount to any worker comprising his rights qua his retrenchment. Payment of retrenchment compensation to an employee, who has completed 240 days in 12 consecutive calendar months preceding the date of reference, is provided in Section 25F. The payment of such compensation is a legal obligation on the employer and receiving such compensation amount does not extinguish the right of the worker to question his retrenchment. … re-structuring of the organization or resizing of the labour force does not ...

  IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 242 CRM-M-54097-2019 (O&M) DHANPREET SINGH AND ANR ..Petitioners Versus STATE OF PUNJAB ...Respondent CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ   Headnotes (Editor)   Ø   Forcing a person to undergo criminal prosecution without noticing as to whether any criminal case is made out against a person on the strength of the material and evidence collected by the prosecution itself is a perpetuation of injustice.             Ø   A Court of law cannot refuse to examine the existence of prima facie evidence and as to whether such evidence would support the continuation of proceedings against the petitioner or not on a pretext that such issue is to be examined at the stage of trial.              Ø   A plea of defence cannot be looked into by the Revisional Court esp...

  Sample Sexual Harassment Policy  [Explanatory note: This sample sexual harassment policy is intended for use by private and public employers in the Pacific to help them develop their own sexual harassment policies. It is based on international good practices and includes all the components which make a sexual harassment policy comprehensive. As such, it is not intended to be a collection of clauses from which employers can pick and choose. Instead, any effective policy must include most if not all of the content of this sample policy. Organisations should of course modify certain clauses to meet specific conditions within their organisations.]  The Policy Statement [Name of Company] is committed to providing a safe environment for all its employees free from discrimination on any ground and from harassment at work including sexual harassment. [Name of Company] will operate a zero tolerance policy for any form of sexual harassment in the workplace, treat all incidents se...