Author Archives: Thoro

Standing orders are rules or guidelines that outline the conditions of employment and the rights and responsibilities of employees and employers within an organization. They typically cover issues such as working hours, leave entitlements, disciplinary procedures, and other matters related to the employment relationship.

Standing orders are usually issued by an employer and apply to all employees within the organization. They may be based on laws and regulations related to employment, as well as any collective bargaining agreements that are in place.

Standing orders can be helpful in providing clarity and consistency in the workplace and can help to prevent disputes between employers and employees. They are typically reviewed and updated on a regular basis to ensure that they are relevant and up-to-date.

An industrial tribunal is a specialized court or administrative body that deals with disputes between employers and employees in the industrial sector. Industrial tribunals are typically established by law and are responsible for hearing and deciding cases involving issues such as unfair dismissal, discrimination, and other employment-related disputes.

A national tribunal is a court or administrative body that has jurisdiction over a whole country or nation. National tribunals may deal with a wide range of legal issues, depending on the laws of the specific country in which they operate.

The aim of a labour court is to provide a forum for the resolution of disputes between employers and employees. Labour courts are typically established by law and are responsible for hearing and deciding cases involving issues such as unfair dismissal, discrimination, and other employment-related disputes. The purpose of a labour court is to ensure that the rights of workers are protected and that employers are held accountable for their actions.

Arbitration is a form of alternative dispute resolution in which a neutral third party, known as an arbitrator, is appointed to hear and decide a dispute between two parties. The arbitrator’s decision, known as an award, is typically final and binding on the parties, and can be enforced through the courts.

Arbitration can be used to resolve a wide range of disputes, including disputes related to contracts, employment, construction, and other commercial matters. It is often seen as a faster and less costly alternative to litigation, as it typically involves fewer formalities and procedures than a court case.

Conciliation is a form of alternative dispute resolution similar to arbitration, in which a neutral third party, known as a conciliator, is appointed to help the parties resolve their dispute. The conciliator does not have the authority to make a binding decision, but instead works with the parties to facilitate communication and negotiate a settlement. If the parties are able to reach an agreement, it is typically recorded in a written document known as a conciliation agreement.

Both arbitration and conciliation can be useful tools for resolving disputes in a timely and cost-effective manner. They are often used in situations where the parties want to preserve their relationship or where the issues at stake are too complex or nuanced to be resolved through traditional litigation.

The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 is a law in India that aims to protect the rights of children and adolescents by regulating their employment and prohibiting certain forms of child labor. The Act applies to all employers and employees in India, and sets out rules and regulations governing the employment of children and adolescents in various industries.

The concept of the Act is based on the idea that children and adolescents should be protected from exploitation and that their education and development should be prioritized. It recognizes that some forms of work can be harmful to children and adolescents and can interfere with their education and development, and seeks to prohibit or regulate such work.

The scope of the Act is broad and covers a wide range of industries, including factories, mines, and other hazardous occupations. It sets out specific rules and regulations governing the hours of work, rest periods, and other conditions of employment for children and adolescents. The Act is enforced by the appropriate government authorities, who are responsible for investigating complaints of child labor and enforcing the provisions of the Act.

The Equal Remuneration Act, 1976 is a law in India that aims to eliminate discrimination in the payment of wages and other forms of remuneration between men and women. The Act applies to all employers and employees in India, and requires that men and women be paid the same wage for work of equal value.

The concept of equal remuneration is based on the idea that men and women should be treated equally in the workplace and that they should be paid the same wage for doing the same job or for work of equal value. This means that employers are not allowed to pay men and women differently based on their gender, even if the jobs they are doing are different.

The scope of the Equal Remuneration Act is broad and includes all forms of remuneration, including wages, salaries, bonuses, and other benefits. The Act also covers both formal and informal employment, and applies to both the public and private sectors. It is enforced by the Equal Remuneration Officer, who is responsible for investigating complaints of discrimination and working to ensure that employers comply with the Act.

A trade union is an organization of workers that seeks to protect and promote the interests of its members through collective bargaining, lobbying, and other forms of advocacy. In many countries, trade unions are required to register with the government in order to operate legally.

The rights and liabilities of members of a registered trade union depend on the laws of the country in which the union is located. In general, however, union members have the right to participate in union activities and to be represented by the union in negotiations with their employer. They may also be required to pay dues to the union in order to support its operations.

The liabilities of union members can vary depending on the laws of the country and the specific terms of the union’s constitution. In some cases, union members may be held liable for the actions of the union if those actions are deemed to be illegal or unethical. Union members may also be required to comply with certain rules and regulations set by the union, such as participating in strikes or other collective actions.

The phrase “limitation bars the remedy but does not destroy the right” means that the expiration of the time limit for bringing a legal claim (known as the “limitation period”) can prevent a person from seeking a legal remedy for a wrong that was committed, but it does not erase the person’s right to seek justice. In other words, the limitation period serves as a deadline for pursuing a legal remedy, but it does not extinguish the underlying legal right that was violated.

There are some exceptions to this general rule. For example, in some cases, the limitation period may be extended or “tolled” (suspended) if the person who has suffered the wrong was unable to bring a claim due to circumstances beyond their control, such as if they were incapacitated or imprisoned. In addition, some legal rights may be protected by “statutes of repose,” which create a time limit beyond which a claim cannot be brought, regardless of the circumstances.

It is important to note that the limitation period for bringing a legal claim varies depending on the type of claim and the jurisdiction in which the claim is being brought. It is therefore important to understand the relevant limitation periods and to bring a claim within the required time frame in order to preserve the right to seek a legal remedy.

The phrase “An executing court must execute the decree as it is” means that an executing court, which is a court that is responsible for enforcing a judgment or decree, must carry out the terms of the decree as they are written. The executing court does not have the authority to modify or change the terms of the decree.

There are certain circumstances in which an executing court may go behind the decree and consider matters that were not addressed in the original judgment. For example, if the decree does not specify how a particular asset should be divided, the executing court may need to determine the most appropriate way to distribute the asset. In such cases, the executing court may need to consider additional evidence or arguments from the parties in order to make a fair and just decision.

Another circumstance in which an executing court may go behind the decree is if there are issues with the enforcement of the decree. For example, if the decree requires the defendant to pay a certain amount of money to the plaintiff, but the defendant does not have the funds to do so, the executing court may need to consider alternative remedies, such as seizing the defendant’s assets or garnishing the defendant’s wages.

It is important to note that an executing court has a limited role in the legal process and cannot re-litigate issues that have already been decided by the court that issued the decree. The executing court’s primary responsibility is to enforce the terms of the decree as they are written.

What are the powers of a civil court in regard to the appointment of a Commissioner? Has a court inherent power under Section 151 CPC to appoint a Commissioner?

A civil court has the power to appoint a commissioner to assist in the proceedings of a case. A commissioner is a neutral third party who is appointed by the court to gather evidence, conduct inspections, or perform other tasks that are necessary for the case.

Under the Code of Civil Procedure (CPC) in India, a court has the inherent power to appoint a commissioner under Section 151. This provision allows the court to “make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.” This means that the court has the discretion to take any necessary action to ensure that the case is resolved fairly and justly, and to prevent any actions that might undermine the integrity of the legal process.

The specific powers and duties of a commissioner are determined by the court at the time of the appointment. The commissioner is typically required to report back to the court on the tasks that have been completed and to provide any relevant evidence or information to the parties to the case. The court may also require the commissioner to testify in court if necessary.

Describe the circumstances in which a court can order arrest before judgement?

A court can order the arrest of a defendant before judgment in certain circumstances. One common situation is when the defendant fails to appear in court for a scheduled hearing or trial. A warrant for the defendant’s arrest may be issued if the defendant fails to appear as required.

A court may also order the arrest of a defendant before judgment if the court determines that the defendant is a flight risk or poses a danger to the community. In such cases, the court may decide that the defendant should be taken into custody to ensure that they will be available to stand trial and to protect the safety of others.

A court may also order the arrest of a defendant before judgment if the defendant is accused of violating a court order or committing a crime while the case is pending. For example, if the defendant is accused of tampering with evidence or intimidating a witness, the court may decide to take the defendant into custody until the case is resolved.

It is important to note that the arrest of a defendant before judgment is not a determination of guilt. The arrest is simply a means of ensuring that the defendant is available to stand trial and that the legal process can proceed smoothly.