Indian Legal System > Civil Laws > Labour Laws > Industrial Disputes Act, 1947 > The Concept of Industry Let us discuss the concept of the industry in light of the Industrial Disputes Act, 1947. Section 2(J) Definition of Industry: “industry” means any business, trade, undertaking, manufacture or calling of employers and includes any calling, […]
Indian Legal System > Civil Laws > Industrial Disputes Act, 1947 > Unfair Labour Practices Industrial Dispute Act 1947 mentions clearly what are unfair labour practices on the part of employers and on the part of employees. The fifth schedule of this act consists of a list of unfair labour practices on the part of […]
Indian Legal System > Civil Laws > Industrial Disputes Act, 1947 > Comparative Study of Lay-Off, Retrenchment, and Closure In this article, we shall do Comparative Study of Lay-Off, Retrenchment, and Closure and its effect on employment. Definition of Lay-Off: “Lay-off” means the failure, refusal or inability of an employer on account of shortage of […]
Indian Legal System > Civil Laws > Industrial Disputes Act, 1947 > Closure of Undertaking Closure: The Industrial Disputes Act, 1947, originally does not contain the provisions relating to the closure of an industry. The provisions relating to the law of closure were inserted in the year 1957 in view of the Supreme Court judgment […]
Indian Legal System > Civil Laws > Industrial Disputes Act, 1947 > Strikes Definition of “strike” under the Industrial Disputes Act, 1947: Definition of “strike” under The Maharashtra ESMA, 2017: Essential Characteristics of Strikes: Case Laws: Northbrook Jute Co. Ltd. V. Their Workmen (1960, I LLJ 580 SC) Buckingham and Camatic Co. Ltd. v, Certain […]
Meaning: The law does not concern itself about trifles Meaning of De minimis non curat lex Word by Word: De: About Minimis: Minimal or very small things Non curat: not take care Lex: Body of law Explanation: The law does not concern itself about trifles (small acts). Small acts are those acts about which a […]
Distinguishing Between a Tort and a Crime: Torts Crime A tort is a species of a civil wrong; In tort private legal rights are violated; it gives rise to civil proceedings. Crimes are those which result into punishment of the criminal. It gives rise to criminal proceedings. In tort, the plaintiff is the injured party. […]
Indian Legal System > Civil Laws > Industrial Disputes Act, 1947 > Procedure of Retrenchment Retrenchment: It is defined in Section 2 (oo) of the Industrial Disputes Act, 1947. “Retrenchment” means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of […]
Indian Legal System > Civil Laws > Industrial Disputes Act, 1947 > Retrenchment Retrenchment is a kind of downsizing of the workforce. During the process, the establishment reduces outgoing money or expenditures or redirects focus in an attempt to become more financially solvent. The definition of the term was not included in the Industrial Disputes […]
Indian Legal System > Civil Laws > Industrial Disputes Act, 1947 > Lay-off Compensation Before understanding lay-off compensation, we have to understand the term continuous service. Continuous Service: The term “Continuous service” is defined in S. 25B. The section defines “continuous service” as a workman shall be said to be in continuous service for a […]