Publications

POSSIBLE IMPACT OF HARYANA STATE EMPLOYMENT OF LOCAL CANDIDATES ACT, 2020 BEING MADE EFFECTIVE

The Legislative assembly of Haryana had passed the legislation titled Haryana State Employment of Local Candidates Bill, 2020 on November 5, 2020 which received Governor of Haryana’s assent on March 2, 2021 and became a statute, Haryana State Employment of Local Candidates Act, 2020 (“the Act’) Since effective date of the Act had not been […]

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RIGHT OF LEGAL REPRESENTATION HON’BLE DELHI HIGH COURT

The issue of representation of a client through Advocates1 before certain Courts in India such as labour Court, family court, consumer court, tribunals etc., has been a contentious issue for a long time since many statutes in India prohibit representation by lawyers before such courts/tribunal (s), etc. It is relevant to mention that there is […]

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CORPORATE SOCIAL RESPONSIBILITY (CSR) REGIME IN INDIA AND AMENDMENTS INTRODUCED

Corporate Social Responsibility (“CSR”) is a broad concept that is aimed at instilling sense of social responsibility amongst corporations. It is structured around the credence that the society essentially funds businesses of corporations and contributes towards continuance and growth of most businesses and for this reason, corporations that benefit in some way from the society […]

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MANDATORY VACCINATION OF EMPLOYEES IN INDIA AND RECENT DEVELOPMENTS

Post second wave of COVID-19, there is a significant improvement in situation in India leading to rise in expectations of large businesses to gradually return to normalcy which means opening of workplaces. While there are mixed statements in the media regarding a third wave, and large population in India is still unvaccinated (including those who […]

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USE OF ELECTRONIC SIGNATURES IN COMMERCIAL TRANSACTIONS AND THEIR VALIDITY

It has been a common practice for the last several years for the parties (residing in different jurisdictions), to a contract, to sign agreements and exchange scanned copies thereof to conclude a contract. During the pandemic when the movement of people got limited to a large extent, several Indian companies had to adapt to changing […]

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DISMISSAL OF A WORKMAN (BLUE COLLAR EMPLOYEE) DURING PENDENCY OF LEGAL PROCEEDINGS IS ILLEGAL (BOMBAY HIGH COURT)

Under the Industrial Disputes Act, 1947 (“ID Act”), which inter-alia deals with the industrial disputes between an employer and employee (‘workman’)1 it has been discussed in several judicial pronouncements that the relationship of an employer and employee is unequal due to inequality of bargaining power between them and therefore, employers are prone to a number […]

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DELHI HIGH COURT QUASHES TERMINATION ORDERS OF PILOTS BY AN AIRLINE

Hon’ble Delhi High Court in a recent common judgment passed on June 01, 2021, in “Arjun Ahluwalia Vs. Air India Limited” and other similar forty (40) other petitions involving pilots of Air India Ltd. (‘Airline’), allowed the writ petitions in favour of the employee pilots who sought withdrawal of their resignation letters tendered pre-Covid-19 time, […]

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Draft Trade Unions Rules

Industrial Relations (Central) Recognition of Negotiating Union or Negotiating Council and Adjudication of Disputes of Trade Unions Rules, 2021 Industrial Relations Code, 2020 (“IR Code”) which is yet to come into effect, is a proposed statute to consolidate and amend the laws relating to trade unions, conditions of employment in industrial establishments, investigation and settlement […]

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Right to privacy

Removal of offensive content from social media In a recent judgment of April 2021, titled ‘X Vs. Union of India & Others’, the Hon’ble Delhi High Court has issued elaborate guidelines for Courts to pass orders for removal of offending or illegal content from the Internet/worldwide-web and also steps required to be taken by law […]

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Covid-19 Vaccination At Private Workplaces

The Ministry of Health and Family Welfare (“MOHFW”) on April 07, 2021 has issued a guidance note concerning COVID-19 Vaccination at workplaces of Government and Private with effect from April 11, 2021. Some of the relevant aspects provided in the guidance note, as applicable to a private sector, are provided as below: What is the […]

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