Table of Contents Layoff Right to Compensation No Compensation Cases Prohibitions on Layoff Retrenchment Conditions Precedent to Retrenchment Procedure for Retrenchment Re-employment of Retrenched Workmen Penalty for Violation Difference Between Layoff and Retrenchment Layoff The term “layoff” was officially introduced by Act 43 of 1953. According to Section 2(kkk) of the Industrial Disputes Act, a […]
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Table of Contents What is a Strike? Essential Elements of a Strike Types of Strikes Prohibition on Strike What is a Lockout? Lockout vs Layoff Lockout vs Retrenchment Strike vs Lockout Prohibition on Lockout General Prohibition Illegal Strikes and Lockouts What is a Strike? Section 2(q) of the Industrial Disputes Act, 1947 defines a strike
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Table of Contents Conciliation Adjudication Voluntary Arbitration Difference Between Voluntary Arbitration and Compulsory Adjudication CONCILIATION Authorities under conciliation include: 1. Work Committee (Section 3) It is an authority which makes use of conciliation process Applies to establishments with 100 or more workmen. Constituted by appropriate government with representatives of employers and workmen. Workmen representatives must
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During the twentieth century, a new branch of jurisprudence called Industrial Jurisprudence emerged. The Supreme Court and numerous high courts’ verdicts and judgments paved the way for the development of Industrial Jurisprudence. Industrial Jurisprudence cases are primarily concerned with a big community of industrialists and their employees. Previously, employers had the authority to fire employees
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The roots of India’s trade union movement can be traced back to the year 1890, with the formation of the Bombay Millhands Association. Although pioneering in nature, this association lacked the legal status and structural foundation of a formal trade union. The success of several worker-led strikes in the early 20th century served as a
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The Minimum Wages Act, 1948 is a crucial piece of labour legislation enacted for the welfare of workers across India. It ensures that every worker receives at least the minimum amount of wages prescribed by the government—irrespective of the type of work they do. This Act acts as a shield against exploitation by ensuring that
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Table of Contents Types of Divorce Talaq Period of Iddat Khula and Mubaarat Grounds for Decree for Dissolution of Marriage Types of Divorce In Muslim law, there are three kinds of divorce: Talaq- Where the marriage is terminated unilaterally by husband Khula- When proposal to end marriage is made by wife. Mubaraat- Where both the parties mutually decide
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Table of Contents Concept of Marriage Mahr (Dower) Types of Mahr Comparison: Mahr-i-Misl vs Mahr-i-Musamma Kinds of Marriage CONCEPT OF MARRIAGE A Muslim is someone who follows Islam, a monotheistic Abrahamic religion based on the teachings of the Prophet Muhammad as outlined in the Quran. In Muslim law, marriage is referred to as ‘nikah’. The
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Table of Content Judicial Separation Divorce Theories Related to Divorce Grounds of Divorce under Section 13(1) Grounds of Divorce under Section 13(2) Divorce by Mutual Consent JUDICIAL SEPARATION Judicial separation offers a legal alternative to divorce for couples who wish to live apart without formally dissolving their marriage. This legal provision recognizes the desire to
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Table of Contents Meaning of Restitution of Conjugal Rights Section 9 of the Hindu Marriage Act, 1955 Constitutional Validity Essentials of Section 9 Petition by Husband or Wife Withdrawal Without Reasonable Excuse Key Case Laws Meaning of Restitution of Conjugal Rights The second remedy which the spouse has is the restitution of conjugal rights. ‘Restitution’
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