Introduction / Background The Specific Relief (Amendment) Bill, 2017 was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on December 22, 2017. The Bill seeks to amend the Specific Relief Act, 1963. The amendments have been suggested pursuant to the recommendations in the Expert Committee’s Report on Specific Relief... Continue Reading →
Labour Reforms: From recent past to wish list of future
First published in Business Manager magazine. The Indian government has been making strides by bringing about reforms and amendments to various labour/human resource legislations and attempting to harmonize a hitherto archaic and unattended system.
Probation – A risk or an opportunity: A Study in the Indian context
There are no provisions in the Indian labour and employment laws which defines the term probation. As the word 'probation' suggests, it is the initial period of employment during which an employer can carefully consider whether a new member is able to meet the standards and expectations of the job and if they should be... Continue Reading →
The Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Act and Rules: A step forward or a step backward? (Part 2)
Further to our Part I, this Part seeks to outline the key provisions with regards to enforcement under the Current Act and Rules and seeks to compare the legal positions of both the Previous and Current Acts and Rules. Enforcement Compounding of Offences Compounding of Offences is a new provision added in the Current Act... Continue Reading →
The Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Act and Rules: A step forward or a step backward? (Part 1)
Introduction The Bombay Shops and Establishment Act, 1948 (“Previous Act”) and the Bombay Shops and Establishment Rules, 1961 (“Previous Rules”) have been repealed and replaced with the new Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Act, 2017 (“Current Act”) and Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Rules, 2018 (“Current Rules”).... Continue Reading →
Cracking the code (Part 3): Interpreting the term “Dispute”
Further to our Part II, in this Part we have dealt with the interpretation of the term "Dispute" under the Code. The Code being a new legislation is going through several judicial tests and every test is leading to a new interpretation of the provisions of the Code resulting in inconsistency between them. Several judgements... Continue Reading →
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