India: Constitutional & Administrative Law

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From Overlap To Order: Recalibrating Registration Obligations Between Central Labour Codes And State Laws
The overlap between Central and State labour laws could be a source of complexity for employers in India. The constitutional principles suggest that central legislation ordinarily prevails over State laws on matters in the concurrent list. This issue came into focus pursuant to notification of the Occupational Safety, Health and Working Conditions Code, 2020 (“OSH Code”).
India Employment
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Article
The Bombay High Court Holds That Service Bonds, Contractual Obligations, Or Administrative Instructions Cannot Curtail Fundamental Right To Maternity Leave
In a recent ruling, the Division Bench of the Bombay High Court, Nagpur Bench (“Bombay HC”) in Dr. Meenakshi Muthiah v. State of Maharashtra1, observed that the right to maternity leave is an integral facet of a woman’s fundamental right to life under Article 21 of the Constitution of India,1950 (“Constitution”) and cannot be curtailed by service bonds, contractual obligations, or administrative instructions. The Bombay HC emphasised that maternity leave cannot be treated as a break in service and that penalising a woman for availing maternity leave would undermine the dignity of motherhood and the constitutional mandate of social justice.
India Employment
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JSA
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