Law and Legal news

Reservation

Among the speculated outcomes were not only the reservation for women but also proposals related to Other Backward Classes, the concept of “One Nation One Election,” and even the potential alteration of the country’s name. As the cabinet meeting concluded, hopes for clarity were met with continued suspense, as the customary post-meeting briefing was conspicuously absent. Shortly after, authoritative sources confirmed that the buzz surrounding the approval of the women’s reservation bill was indeed accurate.

Supreme Court Upholds Autonomy in Superannuation Age - Asiana Times

In a momentous ruling, the Supreme Court of India has once again asserted the vital principle of organizational autonomy regarding the determination of employees’ superannuation age. The case of “Central Council for Research in Ayurvedic Sciences v. Bikartan Das” has spotlighted the authority of institutions to set retirement ages, presenting a particularly intriguing context of parity with AYUSH doctors.

The essence of the dispute revolved around Bikartan Das, an employee of CCRAS, who pleaded for an extension of his retirement age to 65, citing his dedicated medical service. This plea was juxtaposed against the Union Cabinet’s decision to increase AYUSH doctors’ superannuation age. However, the court noted that this extension did not encompass autonomous bodies like CCRAS.

The crux of the interpretation hinged on the language of Clause 34 of CCRAS’s Bye-Laws, dissected meticulously by the Supreme Court. The court emphasized the term “or,” affirming the Council’s right to independently formulate superannuation policies, distinct from government norms.

Central to the verdict was the upholding of organizational autonomy in setting internal policies, particularly superannuation age. The court, while recognizing its role in curbing arbitrary decisions, underscored that organizations possess the ultimate authority in this realm. Justice Pardiwala highlighted, “The age of superannuation is always governed by statutory rules & other service conditions.”

The court also highlighted the dissimilar service conditions of Bikartan Das and AYUSH doctors. It dismissed the assumption that treating patients in diverse departments inherently merits parity in retirement age. The ruling reinforced the principle that parity should consider broader service conditions and recruitment nuances.

The ramifications of this ruling resonate widely, underscoring organizations’ autonomy in framing policies, including retirement age. It establishes a precedent for interpreting similar clauses in organizational bye-laws, possibly discouraging uniformity challenges that overlook contextual discrepancies. Moreover, the verdict fortifies the legal foundation for organizations to independently frame policies without adherence to government-established norms.

Ultimately, the Supreme Court’s judgment in the Bikartan Das case champions organizational autonomy in determining superannuation age. This landmark verdict extends beyond the specifics, encapsulating a fundamental principle that safeguards organizations’ freedom in shaping internal policies. Its echoes are destined to reverberate across industries, ushering in an era where organizations wield greater control over their core operations and identity.

Recognising Labour: Significance of Rajasthan’s Gig Workers Legislation - Asiana Times

The Rajasthan Platform based Gig Workers(Registration and Welfare) Act, 2024 is a first of its kind legislation that aims to create a social security fund and welfare board for platform workers in the state. Who are Gig Workers?Broadly, the gig workers can be defined as people working in the gig economy which is a freelance,

Web Stories
Latest Posts
Toshiba: A Significant $14 Billion Transformation WOMEN RESERVATION BILL BOLLYWOOD CELEBRITIES LOOK ALIKE Best Video Games Of All Time South Indian Cinema’s Meteoric Rise