—Contributed by Deepak Miglani
Section 25 F of Industrial Dispute Act, ” No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until-
(a) The workman has been given one month’s notice in writing indicating the reasons for retrenchment [...]
—Contributed By Deepak Miglani
Filing of case in civil court takes a long time and a lot of money. The Consumer Protection Act, 1986 has been enacted to provide for better protection of the interests of the consumers. It provides the speedy mechanism to redress the grievance of consumer. Some time people file the false [...]
–Contributed by Deepak Miglani
Gratuity is an amount payable to an employee for the purpose of safeguarding his life after cessation of employment. It is to ensure that employee does not become destitute after retirement. It can be forfeited only when the misconducts as prescribed are committed by him resulting into his dismissal from service since [...]
—Contributed by Deepak Miglani
Partnership is the form of business organization, where two or more persons can join together or jointly carrying on some business. It is an improvement over the ’sole-trade business’, where one single individual with his own resources, skill and effort carries on his own business.
In a partnership, a number of persons [...]
—Contributed by Deepak Miglani Legal Buddy
Retrenchment means the termination of the service of a workman by the employer for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but it does not include the following:-
Voluntary retirement of the workman,
Retirement of the workman on reaching the age of superannuation [...]
—Contributed by Deepak Miglani
The Payment of Gratuity Act does not prescribe any limitation to claim gratuity.
An employee can file an application for gratuity any time.
It is an obligation on the part of the employer to pay the gratuity after retirement or after termination of employee’s service. The employee should complete at least five years [...]
-–Contributed by Deepak Miglani
“Precedent” ordinarily means, any decision or a judgment which has a binding force.
Every decision contains three basic postulates which are as given below:-
Findings of material facts, direct and inferential. An inferential finding of facts is the inference which the judge draws from the direct or perceptible facts.
Statements of the principles [...]
–Contributed by Deepak Miglani
It is very difficult to define that what behavior constitutes sexual harassment. Such a behavior may be verbal or non verbal. It covers a wide range of behaviors, from patting a woman's bottom, pinching, verbal sexual jokes or innuendos, constant leering or ogling, to repeated, intrusive, insistent arms around the shoulder all [...]
—Contributed by Deepak Miglani Legal Buddy
Article 19(1) (a) says that all citizens shall have the right to freedom of speech and expression but the state can put reasonable restrictions on this right on the following grounds:-security of the State, friendly relations with foreign states, public order, decency and morality , contempt of court, demotion, incitement [...]
—Contributed by Deepak Miglani
Under Article 72 President has the power to grant pardon, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence (1) by Court Martial ; (2) an offence against any law relating to a matter to which the executive power of [...]
