"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Monday, September 29, 2008

Case Updates

U.P. State Sugar & Cane Development Corporation Limited v. Chini Mill MazdoorSangh & Ors. CIVIL APPEAL NO.5858 of 2008 decided by the Supreme Court on 26.9.2008 (Available at www.judis.nic.in). The case concerns declaration of seasonal employees as permanent employees. It is shocking that the dispute arose in 1989 and is still continuing. In fact, eight of the thirty-nine seasonal emploees have even died. This case is a reiteration of the pathetic labour adjudication system in India. There is a need for a comprehensive labour ADR system in India. Any new staute on ADR should cover labour arbitration too.
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