Labour Law Assignment Essay Example

Labour Law Assignment Essay INTRODUCTION:- 1) Definition of Industry As per Section 2(j) of Industrial Disputes Act, 1947 â€Å"Industry† means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,- Definition of industry before amendments in 1982:- Industry means any business, trade, undertaking, manufacture or calling of employees and includes any callings, service, employment, handicraft or Industrial occupation or avocation of workmen. ) any capital has been invested for the purpose of carrying on such activity; or ii) such activity is carried on with a motive to make any gain or profit, and includes- a) any activity of the Dock Labor Board established und er section 5-A of the Dock Workers any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include- b) Any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation:- For the purposes of this sub-clause ,† agricultural operation† does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantation Labour Act,1951 1) hospitals or dispensaries 2) educational, scientific, research to training institutions 3) institutions owned or managed by organizations wholly or substantially engaged in any charitable ,social or philanthropic service, any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Governments dealing with defense research , atomic energy and space 4) any domestic service ) any activity ,being a profession practiced by an individual or body of individuals ,if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten 6) Any activity , being an activity carried on by a co-operative society or a club or any oth er like body of individuals , if the number of persons employed by the co-operative society ,club or other like body of individuals in relation to such activity is less than ten 2) Definition of Industrial Dispute As per Section 2(k) of ID Act, 1947 â€Å"industrial dispute† means any dispute or difference between employers and employers ,or between employers and workmen, or between workmen and workmen , which is connected with the employment or non-employment or the terms of employment or with the conditions of labour , of any person Industrial dispute means any dispute or difference between – Three ingredients are:-  ¦ Any person who is a workman employed in an industry can raise an industrial dispute. A workman includes any person (including an apprentice) employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward.  ¦   It excludes those employed in managerial or administrative capacity. In dustry means any business, trade, undertaking, manufacture and includes any service, employment, handicraft, or industrial occupation or avocation of workmen EXAMPLES:- 1) While Tata Motors has decided to move its Nano factory out of Singur after violent protests by farmers, this isnt the first time that there has been a standoff between industry and farmers unwilling to surrender land. )   In August, the Supreme Court gave South Korean steel firm POSCO the use of large swathes of forestland in Orissa for a $12-billion plant that protesting farmers said would displace thousands of people. The protests delayed the start of construction on the plant, which could be Indias single biggest foreign investment to date. 3) In the same month, the Supreme Court allowed Vedanta Resources to mine bauxite in hills considered sacred by tribal people in Orissa. The mining would feed an alumina refinery, part of an $800-million project that has been widely opposed. Environmentalists say the open- cast mine will wreck the rich biodiversity of the remote hills and disrupt key water sources vital for farming. 3) Definition of Workman As per Section 2(s) of ID Act, 1947 workman† means any person (including an apprentice) employed in any industry to do any manual ,unskilled ,skilled ,technical ,operational ,clerical or supervisory work for hire or reward ,whether the terms of employment be express or implied ,and for the purposes of any proceeding under this Act in relation to an industrial dispute ,includes any such person who has been dismissed ,discharged or retrenched in connection with ,or as a consequence of ,that dispute ,or whose dismissal ,discharge or retrenchment has led to that dispute ,but does not include any such person- i) who is subject to the Air Force Act,1950 (45 of 1950),or the Army Act,1950(46 of 1950), or the Navy Act,1957(62 of 1957) ii) who is employed in the police service or as an officer or other employee of a prison iii) Who is employed mainly i n a managerial or administrative capacity iv) Who being employed in supervisory capacity, draws wages exceeding Rs. 1600 We will write a custom essay sample on Labour Law Assignment specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Labour Law Assignment specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Labour Law Assignment specifically for you FOR ONLY $16.38 $13.9/page Hire Writer

The Heart Asks Pleasure

The Heart Asks Pleasure The Heart Asks Pleasure First is one of the amazing poems written by Emily Dickinson. Many people believe that this poem is too short to have any meaning and believe it to be useless for deep consideration. However, I strongly disagree with this opinion as looking at the poem with a quick glance it is impossible to notice anything.Advertising We will write a custom critical writing sample on The Heart Asks Pleasure First by Emily Dickinson specifically for you for only $16.05 $11/page Learn More Only closer reading of the poem helps understand its main idea. Additionally, I would like to state that there are a couple of interpretations which come to my mind. It can be presupposed that the poem explains a process of soul existence, from the very first desire up to the death. However, the process may be considered from different angles. This problem is going to be the central idea for discussion in this paper. Rhyme, Rhythm, Structure, and Language Dwelling upon the rhyme the author uses in The Heart Asks Pleasure – First, it can be noticed that it is impossible to see identical rhymes there. In this poem Dickinson uses imperfect and partial rhymes, however, it does not make the whole poem sound awkward or lack of melody. Poem rhythm does not impress with something specific. Commonly used repetition of stressed and unstressed syllables is implemented. Paying attention to the specifics of rhyme, it seems that it is rhythm that makes the poem sound melodic and easy for perception. The poem consists of two stanzas which contain four lines each. The length of the lines is short that makes the poem reading easy and fast. Still, one should not read this poem to fast as for better understanding, each line should be considered in detail. The language of the poem is simple, however, it is possible to notice several symbols. Saying ‘Inquisitor’ (quoted in Vendler 359) Dickinson means God, and having understood this specifics of the poem, it becomes obvious that talking about ‘sleep’, the author wants to say the desire to die, which is possible only when Inquisitor wishes it to happen. Themes Reading the poems by Emily Dickinson, including The Heart Asks Pleasure First and many others, it comes to my mind that she wrote about several specific themes, such as person’s inner world, religion and faith, love, pain, death and nature. All the problems mentioned above, except for nature, are dwelt upon in the poem under discussion. The Heart Asks Pleasure – First may be considered from personal and religious point of view. Each of these opinions deserves attention and they should not be confused as religious topic has some specific differences from personal one, even though they seem too similar from the first sight.Advertising Looking for critical writing on american literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More Consid ering the poem from personal, different from religious point of view, it may be believed that the author talks about her love. The author seems to show the specific needs of a human heart and soul. The first desire when one falls in love is to enjoy, â€Å"The heart asks pleasure first† (quoted in Vendler 359). Then, a person experiences pain and tries to find explanation to that pain different from personal guilt of being in love, â€Å"excuse from pain† (quoted in Vendler 359). After the soul is empty and the heart is broken one searches for anything which can â€Å"deaden suffering† (quoted in Vendler 359) and if nothing helps deaths seems the best way out. Considering the poem from this perspective, Inquisitor should be seen as consciousness, inner desire either to live or to die. After unrequited love, some people do not find strength and desire to live further and see death as the only way out. They want just to fall asleep and never get up. Once conscious ness allows them to do it, they die. It seems that religion plays much in Dickinson’s life. The whole poem may be considered from this perspective. The word ‘ask’ in the first line confirms that the heart is dependant from something higher and more powerful. The whole poem is devoted to suffering except for one line of pleasure. Isn’t it a confirmation of the religious theme in the poem? Only God has the power to relief pain and give a person a liberty to die as nothing on the Earth happens without God’s will. â€Å"The will of its Inquisitor† (quoted in Vendler 359) is the line which helps make the things obvious. Who can be called the Inquisitor except for God? In conclusion, it should be stated that apart from general opinion that the poem The Heart Asks Pleasure First by Emily Dickinson ahs nothing specific, we can consider the process of human heart and soul development either from personal or religious point of view. Depending on the a ngle of consideration, either personal unrequited love or religion with devotion to God, one can interpret the poem in different ways. As for me, both these ways of interpretation deserve attention. It is just important that the process of soul development and existence is takes as the central issue for discussion. Vendler, Helen. Poems, Poets, and Poetry. Boston, MA: Bedford/St. Martins, 2010. Print.Advertising We will write a custom critical writing sample on The Heart Asks Pleasure First by Emily Dickinson specifically for you for only $16.05 $11/page Learn More

Purposely vs. Purposefully

Purposely vs. Purposefully Purposely vs. Purposefully Purposely vs. Purposefully By Mark Nichol What’s the difference between purposely and purposefully? The meanings are similar, both referring to intention, but they have distinct connotations. Purposely means â€Å"deliberately,† as in, â€Å"I purposely broke the vase Aunt Hermione gave me because it’s ugly, and now I don’t have to use it.† Purposefully, by contrast, means â€Å"with determination, intention, or meaning,† as in â€Å"She purposefully pursued the solution to the puzzle, working on it through the night.† Both words are adverbial forms of purpose, ultimately derived from the Latin term proponere, meaning â€Å"to propose†; purpose can be a noun, as in â€Å"He doesn’t feel that he has a purpose in life,† or, rarely, a verb, as in â€Å"He purposed to complete the project but left it unfinished.† Adjectival forms of purpose are purposeful, meaning â€Å"filling a plan or a purpose,† as in â€Å"He has a purposeful, no-nonsense air about him,† and its antonym purposeless, a synonym of aimless or meaningless, as in â€Å"She had until then lived what seemed a purposeless existence.† Another adjective stemming from purpose is the rare word purposive, meaning â€Å"useful but not designed not planned,† such as in the case of unconscious gestures or facial expressions. Other adjectives based on purpose are the hyphenated phrases purpose-built and purpose-made, which both mean â€Å"designed and built for a specific purpose,† as well as the self-explanatory all-purpose, dual-purpose, general-purpose, and multipurpose. Idioms that include purpose are the adverbial phrases â€Å"for all practical purposes,† meaning â€Å"essentially,† as in â€Å"For all practical purposes, the plan has been rejected, and â€Å"on purpose,† meaning â€Å"deliberately,† as in â€Å"They did that on purpose to annoy us.† Two related terms are apropos, from the French expression propos, meaning â€Å"to the purpose† and synonymous with â€Å"as regards† or â€Å"to the point,† serving as a way to transition between two interrelated subjects, and â€Å"ad hoc,† a phrase borrowed from Latin that means â€Å"for this (purpose)† and refers, for example, to a committee formed for a single, short-term purpose. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Misused Words category, check our popular posts, or choose a related post below:7 Classes and Types of Phrases"Confused With" and "Confused About"Double Possessive

Long term psychosocial effects of parental divorce Essay

Long term psychosocial effects of parental divorce - Essay Example Even if they chose not to take much of the effect of their parents’ divorce, the society allows them little room to grow normally with all the taunts and criticism they have to offer. The children of divorced parents have to develop extra potential, stamina and endurance to survive in the society. Adverse effects of the parental divorce are inevitable and start to surface in the very early years of a child’s academic career, when he/she has to mention the name of guardians on the admission forms. In case the child happened to live with only one of the parents, he/she develops a grey area for the image of the second parent in his/her mind. He/she can not realize what it feels like to be the son of the missing parent and becomes even more perplexed, as his/her friends narrate their relationship with the parent, that the child lacks. This paper discusses the long term psychological impacts of the divorce on the children that they have to live with. Soon after the parents divorce, the biggest problem that the child faces is his/her ownership. In a vast majority of cases, the ownership of child is decided by the laws. The child might have to live away from the parent he/she was very close to. The child also looses his/her grandparents. Although a child may not realize such a big loss of companions and relatives, the feeling pinches the child in his subconscious and he always misses something. The feelings lives on with the child as he/she grows up. Many children suffering from similar conditions might feel they lack something, though very less of them actually realize that it is all of those relations that were abandoned soon as his/her parents parted ways with each other. The confusion causes the child to develop psychological problems. The child can not find answers to many questions rising in his/her own mind. The child has to live on with those questions for the rest of his/her life. The child tries to sort out who was

The United States' use of atomic weapons on Hiroshima and Nagasaki was Research Paper - 1

The United States' use of atomic weapons on Hiroshima and Nagasaki was not justified - Research Paper Example On August 9, another bomb destroyed Nagasaki (Truman, 1945). For those that condone its use, the moral questions are satisfied because, though many thousands were killed or maimed, the bomb saved many more thousands of lives on both sides. If, in fact, the use of the atomic bomb averted an invasion of Japan thus saving more lives than were lost in the bombing of Hiroshima, the moral dilemma is indisputable. However, even for those of this opinion, the issue regarding the morality of the second bombing remains in dispute. This is not sufficient justification for others who believe the use of the bomb was wrong given any criteria of moral judgment. Deliberately attacking a civilian population is not considered morally acceptable regardless of any real or perceived outcomes. This view was and remains popularly held by both American civilians and the military; this reasoning was not employed in this case, but why? Was it the passions of wartime, a justifiable act in this one instance or was the bombing wrong under any circumstance? In 1945, the U.S. was a country weary of war and its citizens deeply prejudiced against both the Japanese and Germans believing that both types of peoples were inherently evil. Though a ridiculous notion today, it is a somewhat understandable sentiment given the nature of the circumstances at that time and overall acceptance of racism during this period in American history. Following the end of the war, a poll conducted by Fortune Magazine found that nearly a quarter of the American people thought that the U.S. should have used â€Å"many more† atomic bombs on the Japanese before that country had the opportunity to surrender (Dower, 1986: 54). These polling results accurately reflected the intense hatred that Americans directed towards the Japanese people during the conflict. President Truman himself, as well as many other American political leaders, was not immune to these

Stabilising factor in the cold war from 1949 to 1963 Essay Example for Free

Stabilising factor in the cold war from 1949 to 1963 Essay To what extent was the nuclear arms race a more stabilising factor in the cold war from 1949 to 1963? From the period of 1949 up until 1963 saw increasing developments in nuclear technology by both the two superpowers, the USA and USSR. The race meant that both superpowers aimed to match each other and even gain the upper hand in terms of nuclear missile technology. Nuclear arms were seen as a form of scare tactic against the other superpower as both felt threatened by each others ideological capability. It was also used as a form of defence mechanism in case of future attack however, the power and destruction of the weapons in which these countries created would have proved fatal not only for the opposing country but for the world. The nuclear arms race has been argued that it stabilised relations between the countries especially after the Cuban missile crisis although there is much evidence that proves otherwise, in which relations between the soviets and the United States were as tense as ever. On the 6th of August 1949, the USSR tested the first atomic bomb in the north of what would be now Russia. This was to start a fury of nuclear testing between the nations. However the first testing was actually in 1945 when the United States dropped atomic bombs on Hiroshima and Nagasaki, killing thousands of civilians. This immediately threatened not only Japan, the enemy of the United States during WW2 but also close neighbour, the USSR. Stalin saw the highly powerful bombs as force of power over the world. The United States showed the might and strength of their military weaponry but it made relations between the two superpowers very unsettling. It could be seen in this period, as a settling factor with the policy of Brinksmanship. The policy was formed by Eisenhower, the President from 1953 to 1961 and John Foster Dulles, the Secretary of State. It was a policy of intensely threatening the opposing side with action without delivering the action. In this case the United States were threatening the USSR with Nuclear action. It was a very dangerous policy as the name suggests it would go right to the brink of Nuclear War. This was very much true in the Cuban Missile crisis when the Soviets had nuclear weapons based in Cuba ready to target America, while the Americans had missiles based in Turkey, also ready to attack. Both superpowers were not only within each others sphere of influence, but they were also armed too. If the opposition was not backing down it would lead to two options, to either reveal the false threats or go to war. This policy however was used by both parties which in essence mad the whole of the period of time a very tense time. The false threats could be seen as a stabilising factor as both parties were not going to use the weapons, only as a scare tactic which would lead to an increase in communication between the countries. On the other side, threatening to destroy the opposing superpower could be seen as unsettling the relations even more than it already was. M.A.D. (Mutually Assured Destruction) could also be a Stabilising factor in this period as it caused both sides to rethink their strategies. Both sides had enough nuclear weaponry to annihilate the other and to even counter-strike when hit first. Both sides knew that using this strategy would prove too costly so for their own need they needed another approach. A more flexible approach in which the sides would use smaller, targeted missiles achieving to hit a specific area would be more worthwhile as it would limit the amount of action and devastation that the arms could bring. This agreement to use another approach to Brinksmanship in which it brought threatening words to the negotiations would be another step towards a more steady relationship between the soviets and the U.S. The Leaders of both sides also played a huge significance in terms of the nuclear arms race. The soviet leader Khrushchev who served from 1953 to 1964 was a very unpredictable character. This had made relations with the United States very unsettling especially when he possessed nuclear arms. America was desperate to initiate some kind of direct contact. This direct contact was made when the hot line telephone link was created. This could be seen as a sign of a more settled relationship during the nuclear arms race. It was a form of direct contact between the President, which at the time was Nixon and the Soviet Leader Brezhnev. Created in 1963, its aim was prevent a misunderstanding between the nations with the topic of nuclear arms. It was successful as it gave a quick response to any threats the Soviets made especially when the Soviets pulled out of Cuba, the United States were unsure of what the soviet would do next. The Nuclear Test Ban treaty of 1963 was another sign that the nuclear arms race was a stabilising factor as it banned testing of nuclear weapons above water. This was a huge significance as the previous decade consisted of both superpowers testing and improving nuclear weaponry. The main reason for this was the fact that they got too close in the Cuban missile crisis. They were literally hours from nuclear war. However there other factor that played into the formation of the treaty. The Soviet Union were in economic turmoil especially when they were paying almost a third of their GMP on arms. America was also in turmoil especially with the Vietnam War heating up and domestic issue of civil rights. In conclusion, after looking at the period of 1949-1963, the nuclear arms race was a stabilising factor in the cold war although things could have been the complete opposite. The risk of using Brinksmanship could have ended in war and eventual devastation of the world. Both countries, for their own sake needed to come to some agreement to limit the arms. By using the hot line telephone link both superpowers could prevent each other with great speed which helped misunderstanding especially when Khrushchev had a very unpredictable mind. The test ban treaty of 63 also helped limit the use of unsettling use of the weapons but it dragged other powerful nations such as China and France into the mix when they disagreed against the treaty.

Biological Rights Essay -- essays research papers

Biological Rights What is a parent? A parent is someone who will love and nurture a child, and help mold it into the best that child can be. At least that is what society would like to believe. If someone adopts a child, does that make him or her any less of a parent? Is it not possible that they will love that child more then its biological parent could? Unfortunately, once adoption is final some biological parents try to fight for their child back. This can only bring confusion into the child’s life period. Tearing a child away from the parents it knows, is a cruel, unhealthy and immoral act. Every state has their own set of laws concerning adoption. The one part that each state varies the most is the â€Å"Waiting Period†. The â€Å"Waiting Period† begins when both sets of parents sign papers signifying the beginning of the adoption. â€Å"Typically, the waiting period ends six months after the child is placed in the home. The temporary decree is replaced by a final one. The most important feature of this decree is that it is final. The biological parents now have no legal relationship to the child.†{Bolles 94} Some biological parents, however, just do not understand that. They fight to get their child back, that they so willingly gave up. They don’t care about the feelings of the child, only their personal needs that they feel the need to satisfy. â€Å"Children are compared to property rather then a person†.{Bolles 36} These children, who live with the adoptive parents, who are now in ...