ValkyaEditorial

Tagged “labour”

7 articles on labour.

Supreme CourtSupreme Court of India

Air India Statutory Corp v. United Labour Union: the automatic-absorption doctrine

On 6 November 1996, a three-judge bench held that once the appropriate Government issues a Section 10 notification under the Contract Labour Act prohibiting contract labour in a process, the displaced workers stand automatically absorbed into the principal employer's establishment. The doctrine lived for five years before a Constitution Bench overruled it in SAIL.

Valkya Editorial··9 min
Weekly Report

The Code on Wages 2019: floor wage, minimum wage, and the unified payment framework

The first of the four labour Codes consolidates the Payment of Wages Act 1936, the Minimum Wages Act 1948, the Payment of Bonus Act 1965 and the Equal Remuneration Act 1976 into a single instrument. Partially commenced in December 2020; the substantive chapters await further Section 1(3) notifications. A practitioner's read on the architecture, the open compliance questions, and the old-law judgments that continue to govern.

Valkya Editorial··14 min
Weekly Report

The Industrial Relations Code 2020: standing orders, strikes, and the 300-worker threshold

The Industrial Relations Code, 2020 consolidates the Trade Unions Act 1926, the Industrial Employment (Standing Orders) Act 1946 and the Industrial Disputes Act 1947 into a single instrument. Three substantive shifts — fixed-term employment recognition, the universal 60-day strike notice, and the 300-worker layoff threshold — redraw India's labour-flexibility map. A practitioner's read on the architecture, the open Rules questions, and the old-law jurisprudence that continues to govern.

Valkya Editorial··15 min
LandmarkSupreme Court of India

SAIL v. National Union Waterfront Workers: the Constitution Bench overrules Air India SC

On 30 August 2001, a five-judge Constitution Bench unanimously held that no automatic absorption flows from a Section 10 notification under the Contract Labour Act. Air India Statutory Corporation was prospectively overruled. The remedy for displaced contract workers is industrial adjudication — not direct constitutional absorption.

Valkya Editorial··10 min