Role of the Central government in promoting ADR [Renuka Aloria]
According to the information available as on 1st July, 2004, 29,315 cases were pending in the Supreme Court; 35,27,282 in different High Courts and 2,27,57,693 cases were pending in the Subordinate Judiciary.
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Case comment: BWSSB v. Rajappa [Prashant Roy]
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An overview of the industrial dispute settlement machinery [Manish Jain]
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The consequences of dismissal without enquiry [Al Rafeeq Moideen]
It is believed that such an ultimate weapon would be used by an employer only in case of gross violation of the rules and employment contract. It is cardinal to the natural justice principles that wherever the employee is dismissed, it is done after conducting a detailed enquiry and based on the findings thereon. Not only does this give the employee an opportunity to mount a defence, it is also good for the employer for better implementation of such a dismissal order.
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Recognition of trade unions [Sangeetha Mugunthan]
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Comment on the Supreme Court's decision in Kanchan's case [Neha Bahl]
Omaditya Verma’s case displayed a correct exercise of administrative discretion while not granting permits on the notified routes. Judicial review of such discretion by the High Court was rightly set aside by the Supreme Court. The use of discretion was quite different in Kanchan’s case because in the latter case, the use of discretion in granting permits on notified routes was malafide and against law.
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Recognition of a trade union [Sangeetha Mugunthan]
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Confidential information and its legal fortification [Suraj Narayan]
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A brief note on breach of service agreements [Mallikarjuna C.N.]
Experience shows that several employees execute the bond but break the same within a short period and leave employment. Disputes arise about the legality of the conditions of employment. The agreements are questioned on the grounds of public policy. Disputes also arise about the quantum of damages, which an employer can recover, from the employee in breach.
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Note on the Unorganised Sector Workers' Social Security Bill [National Advisory Council]
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The Unorganised Sector Workers' Social Security Bill, 2007 []
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Perspectives on the right to refuse unsafe work [Yamuna K]
The Factories Act, being the primary legislation on health and safety of the workers in India, has no mechanism by which the worker can mobilize action to be taken about an unsafe work condition. There are work committees set up under S. 41G of the Factories Act relate only to hazardous processes and are confined to co-operation and review of the existing measures, and has no teeth to do anything concrete, writes Yamuna K.
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Intra-organizational inquiries and the precincts of a statute [Abhirup Ghosh]
Problems arise when the statute does not provide any guideline with regard to composition of these committees. Composition of committees (including those at the appellate level) can have a great impact on the decision making process.
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On non-solicit agreements [Kriti Sharma]
Brutal competition in a booming economy explains the employers’ interest. Particularly in the cases of trade secrets as well as customer contracts, the employer may even have a right to protect himself through such covenants.
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A brief preliminary note on the Unorganized Sector Workers' Social Security Bill, 2007 [Bhairav Acharya]
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