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By awarding verdict of this kind has judiciary rendered legislation redundant? This is clear encroachment on legislative powers. Bill on 180 days maternity leave is pending at the parliament. But that does not mean that some High Court will pass on judgement on this count.
The Supreme Court has banned liquor shops on highways and has threatened to jail the chief of BCCI. Before that it also gave verdict to make Indians little more patriot by enforcing playing of national anthem before commencement of the movies.
This judicial activism looks fine but it could set off tension between legislation and judiciary. Imagine a situation wherein some state assembly passing a resolution to condemn court's verdict! If judiciary continues to overstep, then it should also be prepared to face retaliation. Under such circumstances taking moral high ground neither it should not cry out loud.
I request you to provide your valuable views.
18th December 2016 From India, Bangalore
While sharing the concern you expressed about the probable implications of conflict between the two supreme estates of our constitution, I think that another concern of equal importance is the callous attitude and lackadaisical approach of the other estate viz., the Executive consistantly noticed in employment matters. Time and again the Judiciary has been insisting that the State should try to be a model employer of the nation. For example, in the given case, though the contract lecturer is entitled to maternity leave under rule153 of the State Fundamental Rules, how the authorities dared to make a plea that she was not eligible because of her contractual appointment which was continuously effective since 2011-12.
18th December 2016 From India, Salem
Thanks for your reply. In fact I have given my comments without reading complete judgement. Which is wrong as occasionally newspaper reports are also distorted ones. The same judgement is for the temporary and casual workers employed in one of the states of India. Nevertheless, recommending legislation to make law is one thing and giving sweeping judgement is another.
In another news item it is written that "The State Government is also directed to grant 15 days’ paternity leave to a male employee appointed on regular basis, contractual basis, ad hoc/tenure or temporary basis to enable the father to look after the mother and child. This leave can be combined with leave of any other kind.
Where is the provision of maternity leave in India? Why paternity leave only to the government employees? Why Hon'ble High Court has done discrimination between employees of private sector and the government employees? In all practical aspects Uttakhand assembly will just sit on the judgement and do nothing that anyway everybody knows.
18th December 2016 From India, Bangalore
The government departments have already been given 180 days leave frm the last year or more.
I think the judgement must have been because of attempts by the government departments to deny it to temperory employees.....
19th December 2016 From India, Mumbai
19th December 2016 From India, Kannur
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20th December 2016 From India, Mumbai
In Labour Laws the various acts giving different formats in different rules (Wages Register, Muster Rolls, OT Register, Register of Advance, Fine & Loss or Damages) will make everyone get confused and eventhough we know about that there is some provision in all the acts, that we can maintain any one format, the Officials are using the same for getting some undue benefits.
At present requirement is once a baby took birth, the Government must allot with a Numerical / Alphanumerical code for all the babies while issuing the birth certificate and it must only be used for taking admission in school, college, and the same code only will be given for Passport, Driving Licence, Bank Account and even the employment Id. No.
Further the Government also must ensure free education as per their eligibility and interest and free Medical facilities for all the citizens. The Private Educational Institution and Private Hospitals must be closed. Otherwise we will have to see such judgements very often.
21st December 2016 From India, Kumbakonam