by IJLMH | Oct 28, 2019
Provisions under the ILO Conventions seek to fulfill the ends of labour welfare, to preserve the essence of social security and achieve a certain uniformity in respect to labour and laws regarding payment as well as fixation of wages i.e. wage security. Studies show that the wage regulations in India do not measure up to the standards adopted in peer countries and in some respect fall short of the recommendations in ILO Conventions. In this paper, we undertake an evaluation of the different laws governing wages in India, identify certain shortcomings and attempt to offer suggestions for improvement of the same.
Along with other shortcomings, in the different enactments that are in force in India with respect to wages, definitions have been provided for ‘wages’ differently in each. This has led to widespread confusion and difficulty in adjudication of cases in Labour Courts. As part of labour reforms, the Government has undertaken the exercise of rationalization of the 38 Labour Acts by framing fourlabour codes viz. Code on Wages, Code on Industrial Relations, Code on Social Security and Code on Occupational Safety, Health and Working Conditions. With respect to the difficulties faced by Labor Courts because of the varying definitions of ‘wages’ in different enactments, the Code on Wages Bill 2017 has been introduced in Lok Sabha.
This paper shall attempt to look further into the Bill and the effects of this Bill being passed. Upon enactment of the Code on Wages, the Minimum Wages Act, 1948; the Payment of Wages Act, 1936; the Payment of Bonus Act, 1965; and the Equal Remuneration Act, 1976 will get repealed. This would remove the multiplicity of definitions and authorities leading to ease of compliance without compromising the principles of wage and social security to the workers.
Key Words: ILO (International Labour Organization), Labour welfare, Wage security, Social security, Rationalizing wages
by IJLMH | Oct 28, 2019
Grundnorm means a fundamental norm, rule or order that forms the elementary principle for a legal system. It is the foundational law laid down by those who were a part of the earliest legal systems. A grundnorm should be acceptable and applicable to everyone at every times. The purpose of grundnorm is to ensure the deep rooted values of righteousness and fairness are preserved among the society. Thus, this would result into maintenance of harmonious social arrangement. Grundnorm entails the idea of justice, thereby it earns the ability to decide the soundness of any legislation. Any legislation has to be put under the test of its conformity to the grundnorm in order to determine whether it is a capable of implementation upon the people. If it diverges from the fundamental law then it is open to be challenged for being illegal, unfair, oppressive, arbitrary etc. and hence may be declared unjust. This ultimately may repeal the legislation. Hence the concept of a grundnorm portrays it as the omnipotent law. This paper attempts to determine if constitution of a nation state can be called as its grundnorm. The comparative study of India and UK is done through research so as to find out what is grundnorm in the legal systems of these two nations. Also the paper discusses various instances which aim to check efficacy of the grundnorm in today’s advanced world. This paper tries to find out whether the grundnorm which was recognized in ancient times is effective enough in modern legal system as well. After passage of centuries and with changing times does the grundnorm lose their authority or get changed are some of the prime concerns addressed in this paper.
by IJLMH | Oct 28, 2019
Kashmir has always been an argumentative state as to decide the authority over it. Earlier the Union of India received the power to handle in matters of three core subjects i.e. defense, external affairs and communication which were mentioned in Instrument of Accession. Later the Article 35-A by The CONSTITUTION (APPLICATION TO JAMMU AND KASHMIR) ORDER], 1954 under Article 370 of Indian Constitution was introduced which defines the “permanent residents” of that state, but the issue raised were challenging the validity of insertion Article 35-A by the Constitutional Order, 1954. It is cleared under Article 370 that provisions made in respect of the State of Jammu and Kashmir were to be made applicable only by the presidential order and that order needs to be concurred by the government of that state and once the government of that state gives the permission then it needs to be ratified by the constituent assembly of that state, but the paradox is that under Article 368 of Indian Constitution it has been cleared that any amendment made in respect of Constitution of India can be done only under this Article. Many petitions were been filed in supreme court and many cases have decided in the matter of:-
• Validity of Article 35-A,
• How can the Article of permanent nature can be introduced by the Article of temporary nature,
• Insertion of Article 35-A by the Presidential order, 1954,
• It violates the basic structure of the constitution.
by IJLMH | Oct 27, 2019
Many methods are available to measure the performance of the brand. Brand equity is the most popular method to measure the brand performance. This paper presents an examination of the impact of brand equity of Redmi mobile on customer satisfaction. This study considered the brand equity and customer satisfaction of brand, to search out that how these influence the brand equity. This study was based on the Primary Data. The data collected from 200 respondents on the basis of Simple random sampling. The data were collected on the basis of questionnaire method. SPSS statistical tool was used the check the reliability of data which was collected. Customer satisfaction and attraction is the main goal of every business. This articles show all the dimensions have a significant association with customer satisfaction.
Keywords: – Brand Equity, Customer Satisfaction, Madurai District, Redmi Mobile
by IJLMH | Oct 27, 2019
The 2013 Amendment to the Companies Act, 2013 brought with it a lot of landmark changes to the legislation. However, the most appreciated yet the most criticized amendment remains the change made to Section 149 of the Act which now lays down for a mandatory appointment of a woman director to the board of directors for certain companies. This was done to ensure the dual objectives of better governance in corporate law and social empowerment of woman, to help with the barriers of immovability in the hierarchy due to lack of social awareness. The mandate set by this amendment has however “compelled” certain companies with heavy internal issues and other such capable companies to abrogate them and atory provisions of the law and appoint someone from their own kit handkin or relations to the board as a woman director so as to continue to hold a firm grip on the functioning of the company while there still sits some lady acting as a nominal head, ensuring “
compliance” with the law .There arises a need therefore to check whether the legislation in itself is foolproof to meet with the objectives set forth by the law and if not then what can be done otherwise in order to ensure the same. The question also arises as to whether appointment of an ‘independent woman director’ instead of a “woman director” would resolve the challenging issue cropping up with the amendment
by IJLMH | Oct 26, 2019
The Preamble of the Constitution of India guarantees to every citizen, liberty. The idea of liberty refers to the freedom on the activities of Indian nationals. The right to personal liberty is one of the most fundamental human rights as it affects the vital elements of an individual’s physical freedom. Life without liberty is unthinkable. Who wants to live at the end of another’s leash, fearing at every turn? The trinity i.e. liberty, equality and fraternity always blossoms and enlivens the flower of human dignity. One of the gifts of democracy to mankind is the right to personal liberty. Life and personal freedom are the prized jewels under Article 19 conjointly assured by Articles 20(3), 21 and 22 of the Constitution and Article 19 ensures freedom of movement. The concept of personal liberty is not a simple or isolated issue. Its protection through law inevitably conflicts with other important values.
Thus, in this paper, the author tends to throw light on the current mentioning of personal liberty in the Constitution of India. Also, the author, through various judicial precedents, will talk about how far have we come, in the light of providing justice to every citizen of India.
Keywords: Personal Liberty, Preamble, Constitution of India, Article 21 of the Constitution of India
