The idea behind this blog is to educate/help/enlighten and not to create controversy or to incite. The opinions and views expressed on this blog are purely personal. Please be soft in your language, respect Copyrights and provide credits/links wherever possible.The blog team indemnifies itself of any legal issues that may arise out of any information/ views posted by anyone on the blog. E-mail: gavinivn@gmail.com

Saturday 27 February, 2010

NEED TO AMEND LABOUR LAWS - AP HC JUDGE

Justice N V Ramana of Andhra Pradesh High Court said the present labour laws are outdated and there was need to amend them. Speaking as the chief guest at the symposium on ‘Employment Law’ Managements’ perspective’ organized by the Employers Federation of Southern India (EFSI) , Andhra Pradesh here, Justice Ramana said the laws pertaining to industrial sector and labour policies at communist ruled countries were being amended and even replaced with suitable laws in tune with the changing times, whereas in India, old and outdated laws, belonging five decades ago and based on the British format were still being followed. Suggesting that Management and workers should cordially work together for the growth of industries, the Justice said that the judiciary alone was not responsible for the lacuna as it was the collective responsibility of the legislature , executive, industrialists and trade unions to amend the existing laws in tune with the current trend. In the recent times the judiciary is not accepting any misconducts and indiscipline, he stated.

Stressing on the need, to bring changes in the labour laws Amara Raja Group Chiarman Mr Galla Ramachandra Naidi said, China is growing faster than India because of their attitude to work.
========================
SC SNUBS RETD JUDGES FOR CHARGING HEAVY FEE IN ARBITRATION CASES

The Supreme Court has disapproved retired judges charging exorbitant fees in arbitration cases. A bench comprising Justices R V Raveendran and H L Dattu, while dismissing the appeal of the Centre challenging a Delhi High Court order appointing a retired judge of a High Court as sole arbitrator in a dispute between the Railways and a contractor, noted’ It is necessary to find an urgent solution for this problem...’ Institutional arbitration has provided a solution as the arbitrators fees is not fixed by the arbitrator themselves on a case to case basis but is governed by a uniform rate prescribed by the institution under whose egis the arbitration is held. Another solution is for the court to fix the fees at the time of appointing arbitrator, with the consent of parties, if necessary in consultation with the arbitrators concerned. Retired judges could also offer to serve as arbitrators to indicate their fee structure to the Registry of the respective High Court so that the parties will have the choice of selecting a arbitrator, whose fees fall in their range, with regard to the stakes involved. What is found to be objectionable is parties being forced to go to an arbitrator appointed by the court and then being forced to agree for a fee fixed by such arbitrator, the bench said.

The apex court also disapproved the practice of bureaucrats appointed as arbitrator, being frequently transferred resulted in delaying the arbitration.
==========================