NIRANJAN KUMAR的动态

Domicile-Based #Job #Reservations - Exploring the Constitutional, Legal, and Social Implications In recent developments, #Karnataka has proposed domicile-based job #reservations, joining the ranks of states like #Haryana, #Maharashtra, #Madhya Pradesh, #Andhra Pradesh, and #Jharkhand. While the concept aims to prioritize local employment, its legal standing and practical implications remain contentious. The primary lens through which these reservations can be assessed is the constitutional one. Previous attempts by other states to implement similar #laws have faced significant judicial challenges. For instance, Haryana's law reserving 75% of private sector jobs for locals was quashed by the #Punjab & Haryana High #Court last year. The court ruled it created unfair discrimination among citizens and declared it unconstitutional. However, the Haryana government has since challenged this decision in the #Supreme Court, where the case is still pending. The crux of the issue lies in several constitutional protections: #Article 14 (Right to Equality): The Act is seen as unfairly discriminating against non-locals. #Article 19(1)(g) (Freedom to Practice Any Profession): It restricts the right to work anywhere in India. Article 16(2) (Equality of Opportunity in Employment): It imposes unreasonable restrictions based on residency. Moreover, an old Supreme Court ruling suggests that total reservations should not exceed 50% of available jobs or posts, a principle initially applied to caste-based reservations but also setting a precedent for domicile-based reservations.

Generating quality employment is crucial for Viksit Bharat's goal of promoting economic growth and social development. According to Labour Secretary Sumita Dawra, prioritizing healthy and safe working conditions, universal social security, increased female labor force participation, and fair wages are essential measures to achieve this goal. With these policies in place, all workers can have access to dignified and fair employment opportunities. #employmentgeneration #socialsecurity #fairwages #genderparity

Kapgrow Update: 1. The Madhya Pradesh High Court ruled that employers are best positioned to organize their workforce and that the principles of equality, as outlined in Articles 14 and 16 of the Constitution of India, do not apply to job transfers. 2. The Orissa High Court held that there is no need of granting an opportunity of hearing to a delinquent employee at the stage of fact-finding inquiry. It is a settled position that a fact-finding inquiry is an administrative mechanism instituted for gathering and ascertaining the relevant and correct state of affairs. The nature of such inquiry is preliminary and not penal. Thus, given the nature of the inquiry, there is no need for granting even hearing to the petitioner, much less any opportunity for cross-examination. For any legal opinion on Labour and Employment matters, please feel free to connect with Team Kapgrow at [email protected] / 9310270884 / 7503110330 To know more about us, please visit www.kapgrow.com

*! HAPPY #MAY #DAY EVERYONE !* LONG POST ALERT (This isn't professional, but i thought i'd use this platform to share some interesting facts about May 1st, also known as #Labour Day / International #Workers' Day: 1.? ?International Historical Significance: May 1st commemorates the historic struggle for workers' rights & a eight-hour workday, dating back to the late 19th century. The slogan "Eight hours for work, eight hours for rest, eight hours for what we will" became a rallying cry. ?? 2.? ?Haymarket Affair: One of the most significant events in the history of Labour Day is the Haymarket Affair, which occurred in #Chicago, #Illinois in #1886. It was a peaceful rally for workers' rights that turned violent when a deliberate explosion, led to the deaths of several police officers and civilians. 3.? ?International Recognition: May 1st was chosen as International Workers' Day to honor the Haymarket Affair & to show solidarity with workers around the world. 4.? ?Indian Labour Movement & Legislative Reforms: In India, Labour Day is observed to recognize the contributions of workers to the nation's economy and to advocate for their rights and welfare.?It is celebrated as a public holiday in many countries, including India. Over the years, India has enacted various labour laws to protect rights of workers, ensure fair wages, & regulate working conditions such as the Factories Act, Minimum Wages Act, the Employees' Provident Funds, etc. 5.? ?Challenges Faced: Despite legislative reforms, many workers continue to face challenges such as low wages, job insecurity, unsafe working conditions, & lack of social security. Now here’s a few bits of Trivia about the celebration of #MayDay in #Maharashtra, #India: 6.? ?Significance: Maharashtra Day, commemorates the formation of the state of Maharashtra following the linguistic reorganization of states in India in #1960. It marks the day when the state of Maharashtra was officially established. 7.? ?#Historical Background: Prior to 1960, the region that constitutes present-day Maharashtra was part of the #Bombay State, which also included #Gujarat and the Marathi-speaking areas of #Karnataka and #Madhya #Pradesh. However, there was a growing demand for a separate Marathi-speaking state, leading to the #Samyukta #Maharashtra movement. 8.? ?#Samyukta #Maharashtra #Movement: The Samyukta Maharashtra movement was a movement initiated by Marathi-speaking people demanding the creation of a separate Marathi-speaking state. The movement gained momentum in the 1950s, with protests, strikes, and agitations across the region. 9. Formation of Maharashtra: In response to the demands of the Samyukta Maharashtra movement, the States Reorganization Act, was enacted, leading to the linguistic reorganization of states in India. On May 1, 1960, Bombay State was bifurcated, and the Marathi-speaking areas were carved out to form the new state of Maharashtra, with #Bombay (now #Mumbai) as its capital.

Kapgrow Update: 1. The Madhya Pradesh High Court ruled that employers are best positioned to organize their workforce and that the principles of equality, as outlined in Articles 14 and 16 of the Constitution of India, do not apply to job transfers. 2. The Orissa High Court held that there is no need of granting an opportunity of hearing to a delinquent employee at the stage of fact-finding inquiry. It is a settled position that a fact-finding inquiry is an administrative mechanism instituted for gathering and ascertaining the relevant and correct state of affairs. The nature of such inquiry is preliminary and not penal. Thus, given the nature of the inquiry, there is no need for granting even hearing to the petitioner, much less any opportunity for cross-examination. For any legal opinion on Labour and Employment matters, please feel free to connect with Team Kapgrow at [email protected] / 9310270884 / 7503110330 To know more about us, please visit www.kapgrow.com

#Karantaka just did not do its homework! The local reservation law is unconstitutional. It overwrites: 1) Article 14 (Right to Equality) - The Act unfairly discriminates against non-locals. 2) Article 19(1)(g) (Freedom to Practice Any Profession) - It restricts the right to work anywhere in India. 3) Article 16(2) (Equality of Opportunity in Employment) - It imposes unreasonable restrictions based on residency. Deepika Padukone was born and brought up in Karnataka and has a career in Maharashtra, so no job for her ? ;) Common sense becoming uncommon. Easiest way to drain founders, investors and subsequently talent. #congress #karnatakareservationbill #shame

Imagine if half the jobs at your company suddenly required you to speak a certain language? Welcome to #Karnataka's latest employment reform. In a move to prioritize Kannadigas within the state, the Karnataka cabinet has sanctioned the draft State #Employment of Local Candidates in Industries, Factories, and Other Establishments Bill. This legislation mandates the reservation of 50 percent of management positions and 75 percent of non-management positions for #Kannadigas. Encompassing the entire private sector, including the IT sector, this bill will be presented in the current assembly session. In a statement on X, Karnataka Labor Minister Santosh Lad announced, "It is a pleasure to share with all of you that the bill to provide job reservation for Kannadigas in private sectors has been approved in the cabinet meeting. With the implementation of this bill, Kannadigas will receive 50% to 75% reservation in private sector jobs within the state." The bill also delineates #penalties for companies that do not prioritize Kannadigas for employment. Companies failing to comply with the bill's provisions will incur fines ranging from ?10,000 to ?25,000, and an additional ?100 will be collected daily until the local employment figures are aligned with the bill's requirements What are your thoughts on this move by the Karnataka cabinet? Do you think it is fair or detrimental to businesses? Feel free to leave your views in the comment section below. Let's get the conversation started! #Workcubes

Karnataka is not the first state to implement job reservation in private sector! Check the news articles below : Uttar Pradesh government issued an order to implement 40 per cent reservation for local youths in private companies in Greater Noida. The Greater Noida Industrial Development Authority’s circular declared that there must be “more than or equal to 40 per cent employment to local employees” in the industries across the authority area. Source : https://lnkd.in/gCkBPV7r Andhra Pradesh, Jharkhand and Haryana also tried bringing this law. Source : https://lnkd.in/gE-Jkaxp SO, PLS STOP SPREADING HATE TOWARDS KARNATAKA STATE !!! It's one of the several moves by Government and is not influenced by any protest or strike from Karnataka Domicle. Ps. In all previous attempts Honorable Courts has striked down those laws stating its against values of Constitution !! #employmentreservationinkarnataka

Parienity leave Laws of Pakistan. As per Section 49 J of Punjab Factories Act 1934, (Abstract attached) Employed Male Persons, REGARDLESS OF DESIGNATION, ALL EMPLOYED PERSONS of PUNJAB FACTORIES are entitled for Parental leaves as Per following details. 1. 7 days of leaves with Full pay are allowed 2. It's allowed for Two child's only 3. Employed Person ( Father) has to intimate his Factory Management or Organization at least 7 days before going on Leaves. 4. Leaves start from the day he becomes Father. 5. All employed Persons Employed in Factories are entitled for Leaves there out any discrimination of Grade or Designation or type of Employment. Similarly Employed Persons working in Governmental organisations of State of Pakistan or Federal or Provincial Government Employees are also entitled for Parental leaves as Per their Governmental Laws. Sharing is Caring. Pl follow Imran Shahid to keep yourself up-to-date on all Recent developments in Labour laws of Pakistan on daily basis. Thanks Imran shahid Expert - Labour Laws and Industrial Relations Founder: Institute for Education of Labour Laws of Pakistan.

Jharkhand HC Halts 75% Job Quota for Locals in Private Sector https://lnkd.in/gsGHMbkQ Court Stays State Law Granting Job Reservation in Private Firms Key Points: Jharkhand HC halts implementation of 75% quota law Quota applied to private sector jobs up to ?40,000 per month Petition challenges constitutionality of Jharkhand Employment Act 2021 RANCHI – The Jharkhand High Court has stayed the state government’s law mandating 75% reservation for local youths in private sector jobs. A bench comprising Justice MS Ramachandra Rao and Justice Deepak Roshan issued the order during a hearing on a petition filed by the Jharkhand Small Industries Association. The law, introduced in 2021, required private firms to reserve jobs paying up to ?40,000 per month for local candidates. Court Observes Constitutional Conflict The petitioner’s lawyer, AK Das, argued that the Jharkhand State Employment Act 2021 divides candidates between locals and outsiders, violating constitutional principles. He stated that the Constitution guarantees equal employment opportunities to all citizens. The lawyer emphasized that state governments cannot mandate private companies to hire specific categories of people. He cited earlier rulings from the Punjab and Haryana High Courts on similar issues, reinforcing his argument. Law and Its Impact The state government had passed this law in 2021, aiming to provide employment opportunities for local youths in private firms. However, the act faced resistance from industry stakeholders, who questioned its practicality and legal validity. Following the court’s decision, the implementation of the quota has been put on hold until further notice. The ruling has sparked debates on balancing local employment initiatives with constitutional employment rights. The post Jharkhand HC Halts 75% Job Quota for Locals in Private Sector appeared first on Town Post. https://lnkd.in/gV9BmXZn