Part 4 corporate law series
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Part - 1 corporate Law Series.
https://www.jayprakashsomani.com/blog-detail/Corporate%20Laws
Part - 2 corporate Law Series.
https://www.jayprakashsomani.com/blog-detail/part%202%20corporate%20law%20series
Part - 3 corporate Law Series.
https://www.jayprakashsomani.com/blog-detail/Part%203%20corporate%20law%20series
30...... 03/09/2024
'Corporate Laws' Series of Blog on “MOTOR TRANSPORT WORKERS ACT, 1961”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Motor Transport Workers Act, 1961. This Act was enacted on 20th May, 1961. This Act to provide by the Parliament for the welfare of motor transport workers and to regulate the conditions of their work. This Act contains total 9 Chapters 40 Sections. Chapter 1 is related to Preliminary with sec 1 and 2. Chapter 2 is related to Registration of Motor Transport Undertakings with only sec 3. Chapter 3 is related to Inspecting Staff with sec 4 to 7. Chapter 4 is related to Welfare and health with sec 8 to 12. Chapter 5 is related to Hours and Limitations of Employment with sec 13 to 20. Chapter 6 is related To Employment of Young Persons with sec 21 to 24. Chapter 7 is related to Wages and Leave with sec 25 to 28. Chapter 8 is related to Penalties and Procedure with sec 29 to 36. Chapter 9 is related to Miscellaneous sec 37 to 40.
Motor Transport Workers Act, 1961 related case Laws:
1. Ghatge and Patil Concern's Employees' Union vs. Ghatge and Patil (Transports) Private Ltd. and Ors. (22.08.1967 - SC) : MANU/SC/0218/1967
2. M/s. Creative Garments Ltd. Vs. Kashiram verma ( SC Judgement 2023). : 005758/ 2012.
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Note:- List is completed now. From next blog we will provide brief information of concern laws..
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32. 11/09/2024
'Corporate Laws' Series of Blog on “10 IMPORTANT CASES OF LABOUR LAW”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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10 Important Cases of Labour Law' presents a comprehensive overview of ten landmark cases that have significantly influenced the evolution of labour laws in India.
Labour law covers employment contracts, wages, health and safety, fair treatment of employees, dispute resolution mechanisms and so on and so forth. It provides regulations that govern the relationship between an employee and the employer in a workplace. Labour laws play an important role in the protection of the rights of employees. The cases discussed below aim to cover various aspects of labour laws.
1. Workmen of M/S Firestone Tyre and Rubber Co. of India v. Management. [1973 SCR (3) 587]
2. Bandhua Mukti Morcha v. Union of India [AIR 1984 SC 802]
3. Steel Authority of India Limited v. National Union Waterfront Workers. [Appeal (Civil) 6009-6010 of 2001]
4. People’s Union for Democratic Rights v. Union of India. [1982 AIR 1473]
5. Syndicate Bank and Ors v. K. Umesh Nayak. [1994 SCC (5) 572]
6. Municipal Corporation of Greater Bombay v. Labour Appellate Tribunal of India. [AIR 1957 Bom 188]
7. M.C. Mehta v. State of Tamil Nadu. [AIR 1997 SC 699]
8. Hindustan Aeronautics Limited v. Workmen. [1975 AIR 1737]
9. Bata Shoe Co. Ltd. v. D.N Ganguly. [1961 AIR 1158]
10. Bangalore Water Supply v. A. Rajappa & Others. [AIR 1978 SC 548] .
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Note:- List is completed now. From next blog we will provide brief information of concern laws..
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33. 17/09/2024
'Corporate Laws' Series of Blog on “CODE ON WAGES, 2019”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Dear readers in earlier blog we have given Details of 11 important Labour Laws and now we will see 4 New Labour Laws which is not notified yet. From this blog we are providing you information about new laws. So now will see details about first New Labour Law, Code on Wages, 2019…..The Code on Wages, 2019 was introduced in Lok Sabha by the Minister of Labour, Mr. Santosh Gangwar on July 23, 2019. It seeks to regulate wage and bonus payments in all employments where any industry, trade, business, or manufacture is carried out. The fundamental reforms introduced under the Code on Wages, 2019 include:
Ø Universalizes provisions of minimum wages and timely payment of wages,
Ø Removes multiplicity of definitions and authorities
Ø Changes the role of Inspector to Inspector cum Facilitator.
There are 4 exiting Acts have been subsumed under the Code on Wages, 2019 and those are: - Payment of Wages Act, 1936, Minimum Wages Act, 1948, Payment of Bonus Act, 1965 and the Equal Remuneration Act, 1976.
Code on Wages, 2019, This Act Contains 9 Chapters, 69 Sections. Chapter 1 is related to Preliminary with Sec 1 to 4. Chapter 2 is related to Minimum wages with Sec 5 to 14. Chapter 3 is related to Payment of Wages with Sec 14 to 25. Chapter 4 is related to Payment to Bonus with Sec 26 to 41. Chapter 5 is related to Advisory Board with only Sec 42. Chapter 6 is related to Payment of Dues, Claims and Audit with Sec 43 to 50. Chapter 7 is related to Inspector cum Facilitator with only one Sec 51. Chapter 8 is related to Offences and Penalties with Sec 52 to 56. Chapter 9 related to Miscellaneous Part with Sec 56 to 69 .
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Note:- List is completed now. From next blog we will provide brief information of concern laws..
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34. 24/09/2024
'Corporate Laws' Series of Blog on “INDUSTRIAL RELATIONS CODE, 2020”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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From this blog we are providing you information about new laws. So now will see details about 2nd New Labour Law, Industrial Relations Code, 2020. The Lok Sabha passed the bill on 22 September 2020 and the Rajya Sabha passed it on 23 September 2020. It was assented by the President on 28 September 2020, but the date of coming into force is yet to be notified. The Industrial Relations Code is enacted to reform the present laws related to the recognition of trade unions to protect the workers’ rights, conditions of employment in industrial establishments, employer-workers relationship, and settlement of the disputes arising in the industries.
The Code under 14 Chapters, with 104 Sections and 3 Schedules, integrates, and simplifies the below-mentioned Acts relating to Trade Unions, Employment Conditions in Industrial Establishments and Undertakings, Investigation and Settlement of the Industrial Matters, and incidentally connected matters:
Ø The Trade Unions Act, 1926;
Ø The Industrial Employment (Standing Orders) Act, 1946; and
The Industrial Disputes Act, 1947.
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Note:- List is completed now. From next blog we will provide brief information of concern laws..
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www.jayprakashsomani.com Call: PA 9322188701.
35. 01/10/2024
'Corporate Laws' Series of Blog on “INDUSTRIAL RELATIONS CODE, 2020”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Industrial Relations Code, 2020. The Code under 14 Chapters, with 104 Sections and 3 Schedules. 1st Chapter related to Preliminary with Sec 1& 2. Chapter 2 is related to Bi-Partite Forums with Sec 3 & 4. Chapter 3 is related to Trade Unions with Sec 5 to 27. Chapter 4 is related to Standing Order with Sec 28 to 39. Chapter 5 is related to Notice of Change with Sec 40 & 41. Chapter 6 is related to Voluntary Reference Of Disputes To Arbitration with only Sec 42. Chapter 7 is related to Mechanism For Resolution Of Industrial Disputes with Sec 42 to 61. Chapter 8 is related to Strikes And Lock-Outs with Sec 62 to 64. Chapter 9 is related to Lay-Off, Retrenchment And Closure with Sec 65 to 76. Chapter 10 is related to Special Provisions Relating To Lay-Off, Retrenchment And Closure In Certain Establishments with Sec 77 to 82 . Chapter 11 is related to Worker Re-Skilling Fund with only Sec 83. Chapter 12 is related to Unfair Labour Practices with only Sec 84. Chapter 13 is related to Offences & Penalties with Sec 85 to 89. Chapter 14 is related to Miscellaneous Part with Sec 90 to 104.
Industrial Relations Code, 2020. The Code under 14 Chapters, with 104 Sections and 3 Schedules. 1st Schedule Related to Matters To Be Provided In Standing Orders Under This Code. 2nd Schedule related to Unfair Labour Practices. 3rd Schedule is related to Conditions Of Service For Change Of Which Notice Is To Be Given. .……..
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Note:- List is completed now. From next blog we will provide brief information of concern laws..
Assisted By :- Adv Shruti Kriti & Pooja Rai
www.jayprakashsomani.com Call: PA 9322188701.
36. 08/10/2024
'Corporate Laws' Series of Blog on “CODE ON SOCIAL SECURITY, 2020”
By
Jayprakash Bansilal Somani, Advocate Supreme Court of India & IP
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Code on Social Security, 2020. The objective of the Code on Social Security, 2020 is to amend and consolidate the existing labour laws relating to social security with the wider goal of extending social security benefits to all employees and workers irrespective of belonging to the organised or unorganised sector. The Code on Social Security, 2020 brings, within itself the self-employed workers, home workers, wage workers, migrant workers, the workers in the unorganised sector, gig workers and platform workers for the purpose of social security schemes, including life insurance and disability insurance, health and maternity benefits, provident fund.
