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Thread Started by #jvramakrishna356

This is an attempt to compare the judgments delivered in the 1960 To 1990’s with that of judgments delivered from 2001 onwards. The Indian Economy has undergone significant changes after the introduction of liberalization and globalization. The Indian Judiciary has also taken a note of the prevailing circumstances and there is a different direction taken by the Indian Judiciary in the recent years.
Earlier the Judiciary has taken a human approach. However, now the discipline and industrial peace in the industry is considered to be of paramount importance.
With this background, I tried to compare several judgments rendered by the Supreme Court and the High Courts.
C. NIRANJAN RAO
Advocate
HIG-II, BLOCK NO.22, FLAT NO.8,
BAGH LINGAMPALLY, HYDERABAD.
PH: 040 66827291 (O) 9848050875 (M)
Email:


10th November 2010 From India, Hyderabad

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Sir A very good compilation .Many thanks. With Regards E-mail : rajanassociates@eth.net Mobile : 9025792684
10th November 2010 From India, Bangalore
Dear jvramakrishna356
Thanks for the wonderful compilation, which reflects the changing philosophy in labour jurisprudence.
This will definitely be helpful to management students and practitioners alike; and an indispensable source of ready reference on legal information for HR professional.
Warm regards.

10th November 2010 From India, Delhi
Dear Mr.Rao, Good piece of Work. regds anil kaushik Chief Editor, Business Manager-HR Magazine B-138, Ambedkar Nagar, Alwar-301001 (Raj.) 09829133699
11th November 2010 From India, Delhi
Dear Sir,
I see the hard work you have done and the sleepless nights you have gone through to help us in handling the authorities, who do some time take issues personally.
These write-ups would be a enlightener for HR.
Thanks and Keep helping us.
God be with us to be good to ALL
Aslam Sha
11th November 2010 From India, Madras
Sir, Gud morning... your ppt very useful to everyone and especially for freshers and students. thanks a lot. with regards, Satyanarayana, Junior Officer.
11th November 2010 From India, Calcutta
Dear Sir, Thanks a lot for very informative , valuable and much useful details . Once again thanks for the outsnding compilation and Sharing. With Warm Regards, Veenu
11th November 2010 From India, Delhi
Dear Sir, Its a such a good article that i am finding myself short of words to express my sincere thanks to you. Really a very good content has been shared. Thanks Sir
11th November 2010 From India, Rohtak
A very nice compilation indeed.Can the author also give a similar set of Supreme Court decisions on employees' pensions, especially in respect of Government employees and those of Public Sector Corporations including Nationalized Banks & LIC?
C.H.Mahadevan
12th November 2010 From India, Hyderabad
Sub: Recent Trends in Labour Laws Dear Mr. Rao, Very useful piece of work. Thanks for your thoughtful work on the subject. Sutapa Dutta Sr. Manager(Legal) JUSCO
12th November 2010 From India, Jamshedpur
Dear Adv. Niranjan Rao,
A very useful compilation done with deep insight and analytical mind.
The division of subjects is really smart and helps the reader zero-in with ease.
The comparisions are appropriate and no superfluous words are employed.
May I expect some more . . .
Nitin K. Parekh
Chairman: Trade & Commerce Committee,
The Federation of Andhra Pradesh Chambers of Commerce & Industry,
Hyderabad
12th November 2010 From India, Hyderabad
Hi, Mr. Rao,
I must say a very impressive kind of work that you have shred it with us..
I am sure that many of the students and professionals will indeed benefit from it.
please keep posting information like this ..
thx
manisha
asst mgr-HR
mumbai
12th November 2010 From India, Mumbai
Thanks for the wonderful compilation, which reflects the changing philosophy and industrial relations in labour jurisprudence and compilations, which reflects the changing philosophy in labour jurisprudence.
D N Sharma- GURGAON
12th November 2010 From India, Delhi
Dear Mr. C. NIRANJAN RAO Sir, Thank you very much for updates, it will really help us in our day to day business activities Warm Regards, Bharat Sakpale
12th November 2010 From India, Pune
Dear Mr.Niranjan Rao, Very good initiativeness. It is very useful for every one in the fied - to know about the past and the present. With Warm Regards, A.Ravindran
12th November 2010 From India, Madras
Excellent material I would appreciate if you can provide more judgement related to Industrial Dispute Act and Employees Standing Order Act Regards Govind
12th November 2010 From India, Mumbai
What is the provision for oayment of Bonus.We took services of service provider for some skilled labours.Unfortunately last year we missed the clause of bonus ,vda clause was there.The service provider is not giving bonus to its employees.THe employees working with us are complaining ,what are the rules underwhich i can persu the payment of bonus to my contract labors.
pradeep
12th November 2010 From India, Pune
Dear Sir,
Useful and unique matters posted. Thanking you. I met you in person at once in your office, on labour problem. You are capable of this type of collection and kindly do keep posting such a useful items for us to learn more.
Kommagani Jaganmohan

12th November 2010 From India, Mumbai

Amendment to section 2A of I.D Act w.e.f 15-09- 2010.

1. Section 2A of the principal Act shall be numbered as sub-section (I) thereof and after sub-section (I) as so numbered, the following sub-sections shall be inserted, namely :-

“(2) Notwithstanding anything contained in section 10, any such workman as is specified in sub-section (I) may, make an application direct to the Labour Court or Tribunal for adjudication of the dispute referred to therein after the expiry of three months from the date he has made the application to the Conciliation Officer of the appropriate Government for conciliation of the dispute, and in receipt of such application the Labour Court or Tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate Government in accordance with the provisions of this Act and all the provisions of this Act shall apply in relation to such adjudication as they apply in relation to an industrial dispute referred to it by the appropriate Government.

(3) The application referred to in sub-section (2) shall be made to the Labour Court or Tribunal before the expiry of three years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (I).”


Section 2-A amendment workers to have direct access to labour courts.

The amendment to Industrial Disputes Act will have the way for better and direct access to labour court or tribunal for workers in cases of disputes related to retrenchment, discharge dismissal or termination of services. IT will also empower labour courts, curtailing the state’s role.

At present, disputes could be adjudicated by the Industrial Tribunals or Labour Courts only after a reference is made by the ‘appropriate government’. The amendment in Section 2A, would enable a workman to directly approach the Labour Court after filing his grievance before the conciliation machinery to resolve the issue within 45 days. There will be no need for him to approach the ‘appropriate government’ for making a reference. This amendment would enable aggrieved workmen to choose the alternative of adjudication for resolution of his dispute faster.

This provision applies only in cases of discharge, dismissal, retrenchment or termination only. This does not apply in case of any other service conditions like transfer, increments, charter of demands etc.

However, this amendment was already introduced in the state of A.P. in the year 27-07-1987 itself, whereby the workers can directly approach the labour court without approaching the conciliation machinery. However, now limitation of three years is introduced by way of this amendment by the central govt.

The Govt. of A.P. further proposed to amend the I.D Act, which was passed in the A.P Assembly on 27-03-2010, prescribing limitation of six months to approach the labour court in case of retrenchment, discharge, dismissal or termination. This amendment is awaiting the president’s assent.

Case-law.
However, the contract workers can not raise a dispute relating to their discharge etc., on expiry of contract period under section 2-A of the I.D Act. Since, the contract labour never be treated as workmen of the principal employer and no relationship exists between them. ONGC vs N. satyanarayana 2003, ( iii) LLJ Page,289.

An employee working in a shop or establishment can also approach the Labour court under section 2-A of ID act. The choice is given to workmen either to approach the authorities under the shops ant or to approach the labour court under section 2-A of the I.D Act. (Co-op society vs Labour court 1987(ii)LLJ Page66.)


C. NIRANJAN RAO
Advocate
HIG-II, BLOCK NO.22, FLAT NO.8,
BAGH LINGAMPALLY, HYDERABAD.
PH: 040 66827291 (O) 9848050875 (M)
niranjanraoassociates at gmail dot com

10th July 2011 From India, Hyderabad
Shri. C. Nirananjan Rao, Advocate
Dear Sir,
Thank you very much for your posting. It is a very good compilation which is found to be very very useful.
I will be highly obliged if you and / or other experts comments on the case reported in 2006 LLR page 357. Can we exclude such employees engaged for very short period from applicability of EPF?
Thank a lot once again.
Regards.
Keshav Korgaonkar
http://www.shantadurgaent.com,Welcome To Shantadurga Enterprises
Cell: +91 99675 16383
11th July 2011 From India, Mumbai
Dear Mr. Ramakrishna
It is really useful guide and it is a wonderful comparison made. Earlier the Court of Law was completely supporting the Workmen and Trade Unions only. But, this comparison made it crystal clear that the Court of Law has started giving correct views and certainly it will become neutral for both.
Thanks for sharing the useful and usable comparison to all our members.
Keep on sharing
11th July 2011 From India, Kumbakonam
Hello,
I complement you on your efforts and urge to share.
I am not a practicing lawyer but have spent years in dealing with labour law and find your work richly deserving loads of praise!
Regards
samvedan
July 11, 2011
-------------------
11th July 2011 From India, Pune
C. NIRANJAN RAO
Sir,
Your book on recent trend in Labour laws is useful thing for me. Many times, I have read. If you have similar type of e-books, pls. attach for our reference please.
Thanks
SNC,
JAMSHEPDUR
12th July 2011 From India, Ranchi
Respected sir,
C. NIRANJAN RAO
Advocate.
whetever you posted as above ,it is really good and useful to every one.
Thanks&Regards
E.RAMESH'
sr.personnel officer
universal converters(P)ltd
chittoor

13th July 2011 From India, Hyderabad
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