Tag: Legal Remedies

Supreme Court Upholds “Equal Pay for Equal Work” for Contractual Assistant Professors
25Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court Upholds “Equal Pay for Equal Work” for Contractual Assistant Professors

The Supreme Court affirmed the principle of "equal pay for equal work" for contractually appointed Assistant Professors performing identical duties as their regular and ad-hoc counterparts. It directed the State to pay them the minimum of the pay scale applicable to the post, holding that the nature of the appointment (contractual) does not negate the entitlement to pay parity when the work is the same. Facts Of The Case: The case originated from the State of Gujarat where a significant number of sanctioned posts for Assistant Professors in Government Engineering and Polytechnic colleges remained vacant for years. To address this shortage, the state government made appointments on both ad hoc and contractual bases. The respondents were Assistant Professors appointed on a contractua...
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Supreme Court Clarifies: Limitation Act Applies to MSMED Arbitration But Not Conciliation
13Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies: Limitation Act Applies to MSMED Arbitration But Not Conciliation

The Supreme Court ruled on the applicability of the Limitation Act, 1963, to conciliation and arbitration proceedings under Section 18 of the MSMED Act, 2006. It held that the Limitation Act does not apply to conciliation proceedings, allowing time-barred claims to be referred for settlement. However, the Act applies to arbitration proceedings under Section 18(3), as Section 43 of the Arbitration and Conciliation Act, 1996, incorporates the Limitation Act into such arbitrations. The Court emphasized that the MSMED Act’s provisions override general laws, ensuring a balanced approach to dispute resolution while protecting suppliers' rights. The disclosure of unpaid amounts in financial statements under Section 22 may extend limitation periods, subject to case-specific scrutiny. Facts Of The...
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