Labour law is the area of law most commonly relating to the relationship between trade unions, employers and the government. The various Labour Legislation enacted by the Central Government can be classified into the following different broad categories:
The Ministry of Micro, Small and Medium Enterprises are businesses that maintain revenues, assets or a number of employees below a certain threshold. Classification of MSME In accordance with the provision of Micro, Small & Medium Enterprises Development (MSMED) Act, 2006 the Micro, Small and Medium Enterprises (MSME) are classified in two Classes: – Manufacturing Enterprises Service Enterprises For more query reach us at contact@lexameet.com
EPF – EMPLOYEE PROVIDENT FUND The Employees’ Provident Fund Organisation (EPFO) is a statutory body under the Ministry of Labour and Employment, Government of India. The Employees’ Provident Fund Organisation administers three schemes, namely, the Employees’ Provident Fund Scheme, 1952, Employees’ Deposit Linked Insurance Scheme, 1976 and Employees’ Pension Scheme, 1995. The Employees’ Provident Fund Organisation is currently one of the biggest social security organisations in the world by virtue of its volume of transactions. FEATURES: ESI – EMPLOYEE STATE INSURANCE It is a self-financing social security and health insurance scheme for Indian workers. This fund is managed by the Employees’ State Insurance Corporation (ESIC) according to rules and regulations stipulated there in the ESI Act 1948. ESIC is an autonomous corporation by a statutory creation under Ministry of Labour and Employment, Government of India. FEATURES: ESI scheme is a type of social security scheme for employees in the organised sector.
Legal Notice is the intimation to the opposite party to resolve the issue before you file a case in the appropriate court of law. A legal notice is filed as per Section 80 of Code of Civil Procedure, 1908. Although the other party may or may not reply to the legal notice, it is essential for a person on whom the legal notice is addressed to send a reply within the stipulated time. If not replied to a notice, then you may file a case in the appropriate court against the opposite party. PROCESS FOR LEGAL NOTICE
INTRODUCTION Intellectual Property is the work of human creativity. His intellect mind creates a creative Property to which an intangible right is given know as Intellectual Property Right. The main motivation for its protection is to promote the creative work, via intellect mind presenting in form of a creation. It relates to pieces of information which can be incorporated in tangible object. Intellectual property is something that you make in a tangible form, you create a unique thing form as a product. Thereafter you have two options you: This is where Intellectual Property Right steps in. It protects the value of that idea that you put on to make that product. Let’s say you had a day dream you get the idea and you believe that you can do it. Example it be a Toy. You will imagine it , make a shape of it in form of prototype that will be your design, later by that a tangible product come to appear in front of a world, here the IPR steps in. you name that toy , that will be TRADEMARK, or you can COPYRIGHT the design and if you have made new changes in the mechanism which should not be an obviousness then you can have a PATENT. Worldwide patent movement, built around multinational corporations (MNCs) and some governments of the developed world, with the assistance of some International Treaties such as Trade Related Aspects of Intellectual Property Rights (TRIPs), the Patent Co-operation Treaty, the Substantive Patent Law Treaty and the like, seems to establish an inflexible patent system where patents of 20 years run time have to be given for any invention in any field of technology. This development being part of ongoing process of globalization has produced some undesirable results, at least in some states or regions of the world. It has created difficulties in promoting health and safety of products moving across borders such as food stuffs pharmaceuticals, machinery and appliances, and also increased the power of non-governmental organizations and their capacity to operate on a global economy while ignoring particularly of a national governmental regulatory protection. In the case of Telemecanique and Controls (I) Ltd v. Schneider Electric Industries observed that patent is an exclusive right, which the inventor has over his invention as a reward in return of the disclosure of his invention to the public for the benefit of the society. The exclusive right of the inventor over his invention includes his right to assign his invention or transfer any interest in his invention in favour of any other person in consideration of monetary gain. Thus “a monopoly of the patent is the reward of the inventor”. A patent is literally a monopoly, as a patent owner enjoys the right of exclusive sale for the term of the patent. The right to a monopoly has been said lo he “the very foundation of the patent system. The essence of a patent owner’s statutory monopoly has been said to be the right to invoke the state’s power to prevent others from utilizing invention without the patent owner’s consent. Compulsory License Compulsory License below Indian legal provisions The Patents Act, 1970 amended in 2005 has elaborate provisions on Compulsory licensing in Chapter XVI (Sections 82 to 94). These provisions together with rules explains the grounds and procedure to be followed by applicants seeking Compulsory license, the grounds available to use for Compulsory license, the due considerations and procedure to be followed by patent office whereas deciding the Compulsory license grant, grant of compulsory license below extreme and emergency situations, for purpose of commerce generic medicines and the power unconditional with the govt to use the proprietary invention for its own use. Kalman v. Kimberly-Clark Corp.[1]Was an appeal from the judgement of the district court holding claims of Kalman us patent entitled “Filtering Process and Apparatus”, valid and infringed by Kimberly- Clark Corp. The Kalman patent describes and claims a process and apparatus for filtering a heat softened substance. The Principle Prior art refence relied upon which is not listed in the Kalman patent, is a US patent issue to Moziek for an “Apparatus for Extruding Thermoplastic Material”. Under Article 27(1) of TRIPs, patents can have to be compelled to be provided for inventions, that square measure “new, involve a creative step and are capable of business application”. TRIPs but will not outline these terms. This provides some flexibility. Article 31 of TRIPs coping with Compulsory licensing will not place any restriction on the grounds below that a compulsory license is often granted. Generic Medicine Generics are medicines on that patents have expired they’re sold either as branded merchandise or as unbranded merchandise underneath their generic names. These generic names ar internationally united short names known as International Non-Proprietary Names. for instance, paracetamol is that the name for a pain relieving and fever reducing medication and Crocin is one brand of paracetamol. For the needs of this text, we’ll visit unbranded generics merely as generic medicines. Cipla may be an image across the globe of all that Republic of India has achieved with its policy of self-reliance in technology, domestic production and also the provision of life-saving medication to its individuals. It represents the aspirations of the country and its lawmakers United Nations agency invested with and designed a generic trade to confirm that it had the technology to manufacture reasonable essential medicines for its individuals. Generic firms like Cipla are currently at great risk of being incorporated and purchased, changing into a part of international pharmaceutical companies like Pfizer, GlaxoSmithKline, Merck or Bristol-Myers Squibb. they could not play a job in meeting the general public health desires of the developing world, however merely be transnational pharmaceutical business whose sole aim appears to be to come up with supra-normal profits for its CEOs and shareholders. Conclusion [1] 713 F 2d 760: 218 USPQ (BNA) 7 18 (Fed Cir 1983)
Jharakhand “Hathras Case” – Appointment of Special Investigation Team (SIT) to monitor investigation from time to time and ensure completion of investigation at earliest without any delay. Before ANANDA SEN, J. W.P. (Cr.) No. 127 of 2020 dated 08.10.2020 Shankar Paswan Vs. The State of Jharkhand and Others Constitution of India, 1950, Article 226 – Hathras Case – Direction to take legal action against names accused persons of first information report who are roaming free and indulged in giving continuous threat and torture to informant for not to pursue the case and to remove lock from house of informant closed illegally on pretext of investigation for last four months – Sought for – “HATHRASS” is not only in State of Jharakhand – A 15 year old daughter of informant brutally murdered by burning – Extract of Post-Mortem report, which finds place in case diary shows that burn injury is hundred percent and while body was charred – Offence is very heinous in nature – Held, investigation not done in proper manner and no urgency or seriousness shown by present investigation. Fit case where SIT be constituted Direction to Director General of Police, Jharkhand to appoint responsible and senior person – Direction to Director General of Police to monitor investigation from time to time and ensure completion of investigation at earliest without any delay.
BEFORE MR. HEMANT CHANDANGOUDAR, J. W.P. No. 9141 of 2020 (GM Pass.) Mr. Krishna Chiranjeevi Rao Palukuri Venkata Vs. The Union of India, Ministry of External Affairs & Others Passport Act, 1967 – Section 6(2)(f) Refusal of renewal of passport on ground of pending criminal case – Petitioner travelled to India to attend Visa Interview at Consulate General of United States of America in Chennai and went back to USA and from where he got to know criminal case registered against him. Held, Passport Authority shall refuse to issue a passport or travel document for visiting any foreign country, if a criminal proceeding is pending against applicant in India. However, provision does not provide for refusing to issue a passport for a person who intends to travel back to India. Thus, reading of provision clearly shows that it is applicable only for issuing a fresh passport and for renewal of passport. Respondents fails to produce any document to establish that petitioner was served with summon issued by Jurisdictional Magistrate or having been issued with any notices by Authorities informing him about pendency of criminal case against him. Hence, Petitioner cannot be held guilty of suppressing fact that he did not disclose pendency of criminal case at time of renewal of his passport in 2010. Therefore, Petitioner entitled for renewal of passport for a limited period subject to certain terms and conditions.
Block chain is the mechanism under which virtual currencies are navigated, now these virtual currencies in modern-day we term it as cryptocurrencies. In India, there is huge spike in use of technology and enhancement of same. The monetary anatomy of India is under the authority and ombudsman ship of Reserve Bank of India which regulates all the banks and financial institutions as such. RBI’s reaction to cryptocurrencies is always dealt with caution and sternness. Whereas, if we look at it from another angle there are millions of users who are trading and accessing cryptocurrencies in India. Indian Monetary anatomy has been also effected by such new virtual currencies where authorities like Income tax and Enforcement directorate has strictly restricted the use of such currencies. The way income tax authorities look at virtual currencies is very restricted to a certain sense and reasoning of such restrictive sense is that Income Tax authority would not able to trace the respective cryptocurrencies. In the budget of 2018 it was stated by the finance minister that the government of India along with RBI has constituted a committee which will examine such crypto currencies and issues dealing with same. Still there is no sign of any robust step taken to address the issues. If we look upon the government’s behavior to cryptocurrencies, it seems that government is not in support of such block chain mechanism and wants to implement their own sort of virtual currency known as e-rupee. Draft Banning of cryptocurrency & Regulation of official digital currency Bill of 2019 is still in hold, and such bill clearly shows the intent of Government that they don’t want any the use of cryptocurrencies. Despite of all this, still the market share of cryptocurrencies is booming at very high rates and many users are accessing such technology in India & around the world. Such reasons have validated the need of regulations and clamoring for a new law which will look over the aspects of use of cryptocurrencies in India. If we follow up the recent chronological build up in where a circular was issued by RBI (Reserve Bank of India) in 2018 stating and directing the banks and entities under it that they should prohibit themselves in dealing with any sort of virtual currencies, including cryptocurrencies. Such directives were substantiated by Section 18 of Payment Settlement’s act, which states that RBI can issue directives to the entities under it to not deal with any sort of crypto currencies. Such circular was termed as unconstitutional by the Hon’ble Supreme Court of India in Internet and mobile association of India Versus Reserve Bank of India. The reasoning backed by such judgement was that a prohibition on banks and entities by RBI is of incongruous nature because crypto currencies are not actually banned in India. Supreme Court biffed the circular issued by RBI as unconstitutional and inappropriate as of now. After such Supreme Court ruling, the question which lays in front of authorities and government is that whether cryptocurrencies should be subject to regulations or not? And whether cryptocurrencies are legitimate and legal to use now after above-forth judgement by the Hon’ble Supreme Court? Such legal questions may arise very soon as there are millions of people already trading in cryptocurrencies and if such people are subject to any dispute in near future then which law is to be followed & what procedural implementation should be followed as there are none in case of such virtual currencies. If we take up an illustration in a hypothetical fashion, assuming A who is dealing in crypto currencies, whereupon he en cashes such crypto currencies into Indian rupees and keep such amount in one of the bank accounts in India. The problem in the above scenario may arise if Bank seizes such bank account which is having en-cashed cryptocurrencies. Where does remedy lie? Who has authority to solve such issues? Where does the jurisdiction lies? And many more issues which still stand stall. Presently such issues and complaints can be made to online portal of RBI in where a user of such currency can state their grievance regarding such freezing of bank accounts. A user under the grievance of above-forth can also complaint to bank initially. User may refer and attach the judgement of Internet and mobile association of India Versus Reserve Bank of India in where SC which held circular of RBI as invalid (circular stated that banks should restrict the flow of cryptocurrencies) along with such complaints. A user may seek remedy under Consumer Protection act 2019 too, as such freezing of account can brought under the ambit deficiency of service by bank. The major issue today, is that even though there are existing remedies available, but these remedies do not guarantee relief to person in dispute with respect to cryptocurrency as discussed in above stated scenario. Still Indian Monetary Anatomy is clamoring for legal recognition of cryptocurrencies and before answering to demand of such legislation Government should clarify over the standpoint of legal validity with respect to cryptocurrencies. By, Yashraj Srivastava Posted on 24.10.2020
The TRP (Television Rating Point) aspect of news channels are under scrutiny and highlights of current deliberations. Advertisement Market amounts to mammoth of approx. 24,000 crore rupees, in where various TV channels are vetted and selected to advertise on basis of TRP ratings which is issued by BARC (Broadcasting Foundation and the Advertising Agencies Association of India). The basic nature of business revolves around three parties majorly, the Corporates, Advertisement agencies and Television channels. Rhetorically, if we analyze the procedure, these Corporates (who wants to advertise its products/services) contacts ad agencies who sets up advertisement and decides over which TV channel such advertisement will be exhibited. Such decision is solely on the basis of TRP ratings issued on daily basis by BARC. The functionality aspect of TRP is glued by the guidelines issued by I&B ministry in order to establish a clear image of viewership of a particular channel. BARC determines such TRPs by evaluating and monitoring the viewership with the help of meters which is installed over 44,000 households in whole of India. Such households are selected on a random basis. The information to such installations is discrete and kept in secrecy. This is what procedural guidelines states, but ground reality is way different than rhetoric which is instated through these guidelines. Realistically, the accusations over a TV News channels over manipulating and tainting the TRP ratings is not a new deliberation, it has been happening since a long time. TV news channels are majorly accused of TRP manipulation and tainting, the accusations revolve as such that these TV news channels bribe and manipulate the authorities which alter the working of the Meters which is installed to calculated TRPs. Another problem which is hoisted by such scenarios is that there is in investment of Rupees 24,000 Crores which is solely on basis of viewership of 44,000 households. In many cases households are paid and bribed by some influential Television Channels to increase the TRPs of their respective channels, eventually such action leads to more profit generation. A huge lacuna and numerous loopholes is induced within the anatomical nexus of TV channels, TRP rating and functioning of BARC. Is there any solution to such problem? Yes, there should be stringent inducement of various Codes of Conduct which will eventually guide the functioning and anatomy of Advertisement Industry. There should be a regulatory body constituted under such code which will act as an ombudsman and watchdog to the activities of advertisement agencies and TV channels. Such code will amplify the power of authorities by the way of enhancing and inducing penal consequences. Functioning of BARC should be monitored and should be keenly scrutinized where there is suspicion detected. Media, is referred as the third pillar of democracy and in order to enhance its functioning, a proper check and thwart over the industry is much needed. Yashraj Srivastava (Intern at LEXAMEET) 5th Year Law Student, School of law, CHRIST (Deemed to be University), Bangalore.
Provident Fund (PF) and Employees’ State Insurance (ESI) registration are compulsory for organizations in India because they provide important social security benefits to employees. PF is a retirement savings scheme that is jointly managed by the employer and the employee. Under the scheme, both the employer and the employee contribute a certain percentage of the employee’s salary towards the fund, and the employee is eligible to receive the accumulated amount upon retirement or termination of employment. The purpose of the PF scheme is to provide financial security to employees during their retirement years. ESI is a health insurance scheme that provides medical coverage to employees and their families. The scheme is funded by contributions from both the employer and the employee, and it provides a range of benefits, including hospitalization, outpatient treatment, and maternity care. The purpose of the ESI scheme is to provide affordable and accessible healthcare to employees and their families. Both PF and ESI registration are compulsory for organizations because they help to protect the welfare of employees and ensure that they have a safety net in case of unforeseen circumstances, such as illness or retirement. By providing these benefits, organizations can also improve employee morale and retention, as employees feel more secure and valued. In addition, compliance with these regulations is mandatory for all organizations, and non-compliance can result in penalties and legal action.
