The very recent incidents of Industrial Violence in the tea plantation of Assam and in Everest India Ltd in Satpur Industrial Estate, Nasik in Maharashtra need to be condemned. Such unabated violence will have to be dealt with by an iron hand. However, after reading several newspaper reports and research material on Industrial Violence in the recent past, it has come to light that in most cases violence took place when labour problems were not…

All India Institute of Medical Sciences v. Jitender Kumar Name of the Case: All India Institute of Medical Sciences v. Jitender Kumar (LPA no. 496 of 2013) Judge & Court: Honorable Mr. Justice Pradeep Nandrajog Honorable Ms. Justice Pratibha Rani in the High Court of Delhi Date of reservation: 4th March 2015 Date of judgment: 17th March 2015 Name of the Parties: All India Institute of Medical Sciences (Appellant) Jitender Kumar (Respondent) Prior history of…

There cannot be a single solution or a lone strategy to deal with violence. Violence has rarely taken place instantly. Instant provocation may lead to violence but the analysis of industrial violence in industry for last two years will reveal that violence was mainly due to pendency of issues for a long time. A Multi-layered strategy that would address the structural causes of violence need to be framed. One must; 1. Analyse the reasons for…

As per employment law in India, an employer has the right to layoff, this right is subject to certain regulation by the law. Chapter V-B of the Industrial Disputes Act prohibits lay off in case of industrial establishments employing 100 or more workers without prior permission of the appropriate government or authority constituted by the appropriate government for such permission, thus no worker in such an establishment may be laid off without the prior permission…

This is a difficult question to answer, as each State Government has separate laws as to paid holidays. For E.g. in Karnataka, there is an Industrial Act, Karnataka Industrial Establishments (National and Festival Holidays) Act, 1963 which provides for mandatory paid holidays by the establishments in Karnataka. As per Indian employment law, the issue of whether the employer is bound to pay wages for paid holidays during the period of strike depends upon various factors…

Of late, incidents of industrial violence have been on the rise. In the 1980s, industrial violence and collapsing industrial labour relations in India was a part of everyday life. A Personnel Manager those days would mention in his Resume that he was assaulted / stabbed in his list of qualifications while seeking a job. Over time, with liberalization and professionalization of trade unions, as well as with the introduction and widespread adoption of the Contract…