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CASE BACKGROUND

  • Lance Naik Gursewak Singh, an Indian Army soldier, had his conviction overturned in a case involving the shooting of Lance Naik Kala Singh, another soldier.
  • The incident occurred in 2004 at the Cantonment of Ferozepur.
  • Originally convicted under Section 302 of the IPC and the Army Act, Gursewak Singh was given a life sentence and dismissed from the Army.

COURT'S DECISION 

  • Hon’ble Justice Abhay S. Oka delivered the recent decision.
  • The shooting resulted from a dispute over seniority and occurred while alcohol was being consumed.
  • The appellant claimed the incident was a sudden altercation, not an act of cruelty.
  • The Court found no premeditation or severe cruelty based on careful examination of the facts.

ALTERED CONVICTION 

  • The court altered the conviction to culpable homicide not amounting to murder under the first part of Section 304 of the IPC.
  • The appellant was sentenced to the time already served, considering his decent reputation and approximately 9 years and 3 months spent in prison.
  • Following the verdict, the earlier bail was revoked.
  • This case illustrates how circumstances, provocation, and intent contribute to defining the crime and its appropriate punishment.

YOUR PERSPECTIVE 

  • Share your thoughts on the court's decision and its implications for cases involving soldiers and military personnel.
  • Do you agree with the court's interpretation and alteration of the conviction based on the circumstances of the shooting? Express your opinions in the comments section below!

LANDMARK JUDGMENT: COURT RULES IN FAVOUR OF WORKERS’ RIGHT TO PERMANENCY 

CASE BACKGROUND

  • The Supreme Court of India delivered a landmark decision upholding the provisions of the Industrial Employment (Standing Orders) Act, 1946.
  • The case, Bharatiya Kamgar Karmachari Mahasangh vs. M/s. Jet Airways Ltd., centered around the permanent status of approximately 169 temporary workers at Jet Airways.

COURT'S RULING 

  • The Court affirmed that temporary employees can be granted permanent status as per the Act's provisions.
  • Certified standing orders were deemed legally enforceable contracts between employers and employees, possessing statutory force.
  • Any private settlement or agreement conflicting with certified standing orders was held to be superseded by the statutory contracts.

RELEVANT PROVISIONS

  • The Court referenced the Bombay Model Standing Order, highlighting that a worker completing 240 days of service should be made permanent, irrespective of contrary contractual provisions.
  • This judgment has significant implications for the protection of workers' rights and is expected to influence the treatment of temporary workers across diverse industries in India.

IMPACT 

  • The ruling strengthens the legal foundation for temporary employees seeking permanent status under the Industrial Employment (Standing Orders) Act, 1946.
  • The decision's broader impact could shape the treatment of temporary workers in various industries across the country.
  • The verdict emphasizes the importance of adhering to certified standing orders and reinforces the legal protections afforded to workers.

SHARE YOUR THOUGHTS 

  • What are your opinions on this significant judgment and its potential implications for workers' rights and the labour landscape in India?
  • Do you believe this ruling will encourage better treatment of temporary workers in various industries? Share your thoughts in the comments below!
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