TagEmployment Law

Trade Union as Operational Creditor: The Conundrum of Purposive Interpretation

[Vishal Hablani is a 4th year B.A.L.L.B. (Hons.) student at WBNUJS, Kolkata] Recently a judgment was passed by the Supreme Court in JK Jute Mill Mazdoor Morch v. Juggilal Kamlapat Jute Mills Company Ltd., wherein it was observed that a trade union could file an application in the capacity of an operational creditor, on behalf of workmen, for initiating the corporate insolvency resolution process...

Treatment of Employment Benefits under the Insolvency and Bankruptcy Code, 2016

[Medha Rao is an Advocate based in Bengaluru] Following the reasoning of the National Company Law Tribunal (NCLT), Mumbai in Asset Reconstruction Company (India) Limited v. Precision Fasteners Ltd. [‘Precision’], the NCLT, Delhi in Alchemist Asset Reconstruction Co. Ltd. v. Moser Baer India Limited [‘Alchemist’] has also held that the dues owed to workmen from provident fund, gratuity fund, and...

Are Uber or Ola Drivers ‘Workmen’ under the Industrial Disputes Act, 1947?

[Shourya Bari is an associate with a law firm in Mumbai and Aditi Singh Kashyap a 4th year B.A., LL.B. (Hons.) student at Jindal Global Law School, Sonipat] Introduction This post will explore the question whether Uber or Ola Drivers fall within the scope of ‘workman’ as defined in section 2(s) of the Industrial Disputes Act, 1947 (“ID Act”) to be able to obtain the benefits stipulated under that...

Validity of Employment Bonds in India

[Apoorv Madan is a 4th year law student at Jindal Global Law School in Sonipat] Background Corporations often invest huge amounts of time and money in imparting training to their employees so as to gain competitive advantage. Regardless, the attrition rate continues to be significant. Several employees, after acquiring valuable skills, leave the organization for diverse reasons. Therefore, the...

Analysing the Change in Law Regarding Issuance of Sweat Equity Shares

[Vartika Tiwari is a 3rdYear student of National Law Institute University, Bhopal and is on the Editorial Board of NLIU Law Review] On 16 January 2016, the Government launched the “Startup India”campaign and ever since it has been making constant efforts to promote startups and make the country business friendly. There is no denying the fact that India has come a long way since then. In fact, it...

Uber v. Waymo and Lessons for Trade Secret Protection for Companies

[Swrang Varma is a 4th Year BB.A. LL.B. (Hons.) student at the University School of Law & Legal Studies, Guru Gobind Singh Indraprastha University] Introduction More than a century has elapsed since the establishment of the theory of the separate juristic personality of a corporation. Be that as it may, a corporation still functions through human innovation. The unique competitive edge that...

SEBI Regulation on Phantom Stock Options

[Dhruv Somayajula is a BA, LLB (Hons) student at NALSAR University of Law, Hyderabad] Introduction To minimize attrition of employees that are indispensable to its operation, companies offer financial incentives such as stock options.  Stock appreciation rights (‘SARs’) are one such kind of stock options that create a right to the increment in value of the corporation’s stock over a...

SEBI: Rules on Profit Sharing Arrangements Apply to Unlisted Subsidiaries

The rules introduced earlier this year by the Securities and Exchange Board of India (“SEBI”) that impose restrictions on profit sharing arrangements in respect of listed companies have already provoked interpretational controversies. In an earlier informal guidance (relating to Accelya Kale Solutions Limited), SEBI clarified profit sharing arrangements that involved employees being provided...

Employee’s Right to Sue after Obtaining Full and Final Settlement from Employer

[Guest post by Ravi Pandey, IX Semester, National Law University, Lucknow] Full and final settlement is usually used by the employers to absolve themselves from all the previous dues and claims of their employees. It is usually actuated in the form of a settlement contract and effectively concludes the employer-employee relationship. Ideally such a settlement ought to serve its purpose and lead...

Board of Directors’ Reliance on Legal Advisers

The question of whether, and to what extent, the board of directors of a company can rely upon the advise of the legal advisers of the company came up for consideration before a division bench of the Rajasthan High Court in Rajasthan Urban Co-operative Bank Ltd. v. Ajay Kumar Katewa (hat-tip: LiveLaw, once again). In this case, certain employees of a co-operative bank were compulsorily retired...

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