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Showing posts from December, 2020

CONSTITUTIONALITY OF DECLARATION OF EMERGENCY 1975

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  On 25 th June 1975 emergency was declared by Former PM Indira Gandhi u/d the Presidency of Fakhruddin Ali Ahmed, whereby the period of ‘black chapter’ of India’s history had begun. It was the second time when due to the governmental affair the people of India had lost their freedom/ independence (first when the British ruled). At the time when the   proclamation signed by the President of India, the goal of the 21-month long Emergency in the country to control the ‘internal disturbance’ whereby the constitutional rights including freedom of speech and expression were suspended and withdrawn. There were 3 main grounds as per Former PM Indira Gandhi on which the emergency was proclaimed are as follows: 1.    Security and democracy of India was in danger owing to the movement started by Jayaprakash Narayan. 2.      There was a need for rapid economic development and upliftment of the underprivileged. 3.      There was an in...

Legal remedies available to an employee when there is non-payment of salary by employer

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Non-Payment of salary in India is one of the most commonly enjoyed practices by the employers and prevailed at the time of firing the employees. The employers presume that the employees don’t have any knowledge or resources whereby they can file the complaint or case against the employer. There exist multiple remedies for employees to claim their unpaid salary. The present article talks about the legal remedies available to the employees when there is non-payment of salary by the employer. The payment of salary/ wages of most of the kind in India is governed by the Payment of Wages Act, 1936, though it doesn’t apply to each and every level of employees. It is usually applied to low-wage/ salary blue caller workers. The wage ceiling under the Payment of Wages Act, 1936 was increased to an average wage ceiling of INR 18,000/ month pursuant to a notification by the Indian Govt. effective from 11 September 2012 and if a person is not covered under this act, other remedies shall still...