MoJo | Issue 11 | An Initiative By karma Global
Karma Management Global Consulting Solutions Pvt Ltd
Enhancing HR & Compliance with Efficiency
International News
1.USDA Sends a Warning to Meat and Poultry Industry On Child Labour Violations in The U.S.!
?2.Detention Should Be No Ground for Termination?Of Contract in China!
3.Final Regulations for Automated Employment Decision Tools Law of NYC to be Enforced by July 5, 2023
?4.Law Suit Test Checkmates Dol’s Authority Regarding Overtime Rule
National news:
1.Let Us Look At Some Of The Reinstatement Cases Before We Proceed To The Actual Case Of Reinstatement Of Workman?Serving As Medical Representative In Novartis India Limited !
2.Labour Laws Should Discard All Elements of Discrimination Against Women by Measures of Security, Safety and Freedom at Work!
3.The Code On Wages 2019!!
4.Revised VDA on Minimum Wages for Construction & Maintenance Workers w.e.f 1st April, 2023
Judgments:
领英推荐
1.Reinstatement of a daily wager even when having worked for 240 days would not be proper.
Vikram Singh vs Presiding Officer, Industrial Tribunal-cum-Labour Court, Hissar and Another 2023 LLR 410 (Punjab HC)
2.Calculating 240 days working of a daily wager, unpaid weekly rest days will be included.
Jaspal & Yashpal vs Maharaja Aggarsain Institute of Medical Research and Education, Agroha Tehsil & District Hisar and Others 2023 LLR 361 (Haryana HC)
3.Raising of demand and its rejection by employer will be necessary to constitute an 'industrial dispute'.
Hari Charan Mali vs The Assistant Engineer, Public Works Department 2023 LLR 357 (Rajasthan HC)
4.Complainant under POSH Act can be transferred to avoid unhealthy environment.
Bratati Chatterjee vs The State of West Bengal & Ors 2023 LLR 384 (Calcutta HC)
Blog:
The benefits of welfare legislation cannot be deprived of mere technicalities?
B. Rajeswari vs Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 2022 W.P 175 (Madras HC)
Brief Facts of the Case-
The petitioner was appointed as an Assistant Engineer in Tamil Nadu State Transport Corporation temporarily. The petitioner on becoming pregnant, requested maternity leave, but was only granted leave on loss of pay. The petitioner went to court and the Single Judge directed the corporation to treat her leave period as duty and extend all service and benefits during that period. On appeal, the respondents contended that there is no provision for grant of eligible maternity leave during the training period. Non-permanent employees who have not worked 160 days in 12 months would not be eligible to get maternity benefits. The High Court while passing judgment denied the respondent’s interpretation. According to the court, even if there is a shortage of working days in the 12 months, welfare legislation and the benefits cannot be deprived of mere interpretation of technicalities, as interpretation of law should be liberal and should not defeat the very purpose of the welfare scheme.
The Court emphasized that the interpretation of law must be balanced and harmonious to uphold legislative intent and the statute’s object. Maternity benefit and the need to be granted full wages during the leave period, along with other benefits, is essential for facilitating woman employees to care for their child. Therefore, the order of the Single Judge was upheld and the writ appeal was dismissed.
Did you know:
The International Labour Organization (ILO) was awarded the?1969?Nobel Peace Prize. The prize was an example of the Nobel Committee’s traditional support for UN organisations that works to build international law on the basis of universal human rights
Must Read:
1.The New Trend of A 4 Day Working!
2.Pakistan’s unprotected child labour law makes domestic child labour vulnerable and susceptible!
3.In U.S. - Unfair Labour Practices Charge Filings Up 16%, Union Petitions Remain Up in Fiscal Year 2023
Thank you