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Banaras Law Journal 2015 Vol 44 No. 1 2015 THE BANARAS LAW JOURNAL 1 THE BANARAS LAW JOURNAL 2 THE BANARAS LAW JOURNAL [Vol. 44] Cite This Issue as Vol. 44 No. 1 Ban.L.J. (2015) The Banaras Law Journal is published bi-annually by the Faculty of Law, Banaras Hindu University since 1965.Articles and other contributions for possible publication are welcomed and these as well as books for review should be addressed to the Editor-in-Chief, Banaras Law Journal, Faculty of Law, Banaras Hindu University, Varanasi - 221005, India, or e-mailed to <[email protected]>. Views expressed in the Articles, Notes & Comments, Book Reviews and all other contributions published in this Journal are those of the respective authors and do not necessarily reflect the views of the Board of Editors of the Banaras Law Journal. In spite of our best care and caution, errors and omissions may creep in, for which our patrons will please bear with us and any discrepancy noticed may kindly be brought to our knowlede which will improve our Journal. Further it is to be noted that the Journal is published with the understanding that Authors, Editors, Printers and Publishers are not responsible for any damages or loss accruing to any body. In exchange for Banaras Law Journal, the Law School, Banaras Hindu University would appreciate receiving Journals, Books and monographs, etc. which can be of interest to Indian specialists and readers. c Law School, B.H.U., Varanasi- 221005 Composed and Printed by Raj Kumar Jaiswal, Dee Gee Printers, Khojwan Bazar, Varanasi-221010, U.P., (India). 2015 THE BANARAS LAW JOURNAL 3 EDITORIAL COMMITTEE Prof. D.K. Sharma Editor-in-Chief, Head & Dean Prof. A.K. Pandey Executive Editor Prof. R.P. Rai Prof. Ali Mehdi Prof. V.S. Mishra Prof. Ajendra Srivastava Prof. R.K. Murali Dr. M.K. Padhy Dr. Rajnish Kumar Singh Dr. K.M. Tripathi Dr. Adesh Kumar INTERNATIONAL ADVISORY BOARD * Professor Ben Boer, Deputy Chair, IUCN World Commission on Environmental Law,Professor, Research Institute of Environmental Law, Wuhan University, Emeritus Professor in Environmental Law, Sydney Law School. * Prof. David McQuoid Mason, Professor of Law, Centre for Socio-Legal Studies, Hut 11, Howard College, University of KwaZulu-Natal, Durban 4041, South Africa. * Prof. Raj Bhala, Associate Dean for International and Comparative Law, Rice Distinguished Professor, The University of Kansas,School of Law Green Hall,Kansas, U.S.A. * Prof. Surya P. Subedi, O.B.E. , D.Phil(Oxford); Barrister (Middle Temple), Professor of International Law,UN Special Rapporteur for Human Rights in Cambodia, School of Law, University of Leeds. * Prof. Cliff Manjiao CHI, Law School Xiamen University, Xiamen, Fujian Province, 361005 P.R.C. * Prof. Abdul Haseeb Ansari, Faculty of Laws, International Islamic University, Kaulalumpur, Malaysia. * Prof. David Milman, LL.B., Ph.D., FRSA, School of Law, University of Lancaster, Bailrigg Lancaster LA1 4YN. * Prof. David W. Tushaus, Chairperson, Department of Criminal JusticeLegal Studies & Social Work, Missouri Western State University, Fulbright-Nehru Scholar. * Prof. KohKeheg-Lian, Emeritus Professor, Faculty of Law, National University of Singapore, Director, Asia-Pacific Centre for Environmental Law, Singapore. * Dr. Robert P. Barnidge, Jr., Lecturer, School of Law, University of Reading, Reading RG6 7BA. * Prof. Cheng Chia-Jui, Secretary General of the Curatorium Asian Academy of Comparative Law, Beijing, President Chinese Society of Comparative Law, Professor of International and Comparative Law,Taipei. * Prof. Paulo Canelas de Castro, Jean Monnet Chairholder - European Union Law, Board of Directors, Association of Studies on the European Union-Macau & Associate Professor, Faculty of Law,University of Macau. 4 THE BANARAS LAW JOURNAL [Vol. 44] Pandit Madan Mohan Malaviya Ji (The Founder of Banaras Hindu University) (25.12.1861 - 12.11.1946) "It is my earnest hope and prayer, that this centre of life and light, which is coming into existence, will produce students who will not only be intellectually equal to the best of their fellow students in other parts of the world, but will also live a noble life, love their country and be loyal to the Supreme Ruler." - Madan Mohan Malaviya 2015 THE BANARAS LAW JOURNAL 5 Banaras Hindu University Visitor : The President of the Republic of India (ex-officio) Chancellor : Dr. Karan Singh Vice-Chancellor : Prof. G.C. Tripathi Finance Officer : Sri Abhay Kumar Thakur Registrar : Dr. K.P. Upadhyay Librarian : Dr. A.K. Srivastava Head of the Department and Dean, Faculty of Law : Prof. B.N. Pandey Prof. D.K. Sharma (01-05-2015) LAW SCHOOL The Faculty Staff Sl. Name & Qualifications Designation No. 1. Baeraiya, Babita, B.A., LL.M., Ph.D. (Sagar) Assistant Professor 2. Gupta, Shailendra Kumar, B.A., LL.M., Ph.D.(Banaras) Associate Professor 3. Haque, Md. Nasimul, B.Sc., LL.M., Ph.D.(Banaras) Professor 4. Kumar, Adesh, B.Sc., LL.M., LL.D. (Lucknow) Assistant Professor 5. Kumar, Ajay, LL.M., Ph.D.(Rohatak) Professor 6. Majhi, Raju, B.Com., LL.M., Ph.D. (Banaras) Assistant Professor 7. Malaviya, M.K., B.A., LL.M., M.Phil. Assistant Professor 8. Mehdi, Ali, B.Sc., LL.M., Ph.D.(Delhi) Professor 9. Mehra, Surendra, B.A.(Hons.), LL.M. Assistant Professor 10. Mishra, Dharmendra Kumar, B.A., B.Ed., LL.M., Ph.D.(Banaras) Professor 11. Mishra, N. K., B.Sc., LL.M., Ph.D. (Sagar) Assistant Professor 12. Mishra, Vinod Shankar, B.Sc., LL.M., Ph.D.(Banaras) Professor 13. Murali, R. K., B.Sc., LL.M.(Andhra), Dip. In IRPM(Tirupati), Ph.D. Professor 14. Nirmal, B. C., B.Sc., LL.M., Ph.D.(Banaras) (on leave) Professor 15. Padhy, M. K., B.Sc., LL.M.(Berhampur), Ph.D.(Banaras) Associate Professor 16. Pandey, Akhilendra Kumar, B.Sc., LL.M., Ph.D.(Banaras) Professor 17. Pandey, B. N., B.Sc., LL.M., Ph.D.(Banaras) Professor 18. Patel, R. K., B.A.(Hons.), LL.M., Ph.D. (Gorakhpur) Associate Professor 19. Pathak, V. K., B.Sc., LL.M., Ph.D. (Bareilly) Assistant Professor 20. Rai, J. P., B.A., LL.M., Ph.D.(Purvanchal) Associate Professor 21. Rai, R. P., B.Sc., M.A., LL.M., Ph.D.(Rewa) Professor 22. Rai, S. P., B.Sc., LL.M.(Banaras), Ph.D. (Bhagalpur) Associate Professor 23. Sahoo, G. P., B.A., LL.M.(Utakal), Ph.D. (Banaras) Assistant Professor 24. Saroj, V. K., B.A., LL.M. Ph.D. (Banaras) Assistant Professor 25. Sharma, D. K., LL.M., LL.D.(Meerut) Professor 26. Singh, A. K., B.Sc., LL.M., LL.D. (Lucknow) Assistant Professor 27. Singh, M. P., B.Sc., LL.M., Ph.D.(Kashi Vidyapith) Professor 28. Singh, P. K., LL.M., Ph.D.(Agra) Professor 29. Singh, R. K., LL.M., Ph.D.(Delhi) Assistant Professor 30. Singh, V. P., LL.M., Ph.D. (Lucknow) Assistant Professor 6 THE BANARAS LAW JOURNAL [Vol. 44] 31. Srivastava, Ajendra, B.A., LL.M., Ph.D.(Delhi) Professor 32. Srivastava, D. K., B.Sc., LL.M., Ph.D.(Banaras) Professor 33. Tripathi, Bibha, B.A., LL.M., Ph.D.(Banaras) Associate Professor 34. Tripathi, K. M., B.A.(Hons.), LL.M., Ph.D. (Banaras) Assistant Professor 35. Tripathy, Sibaram, LL.M., Ph.D. (Berhampur) Professor 37. Upadhyay, C. P., LL.M., Ph.D.(Agra) Professor 38. Verma, D. P., M.A., LL.M.(Dalhousie) Professor LIBRARY STAFF 1. Lal, Chunni, B.A., B.Lib. & I. Sc. Professional Asstt. 2. Kumar, Prabhat, M.A., M.Lib. & I. Sc. Semi Prof. Asstt. 3. Pal, Brij, M.A., M.Lib. & I. Sc. Semi Prof. Asstt. 4. Upadhyay, Dayalu Nath, B.Sc. Lib. Semi Prof. Asstt. 2015 THE BANARAS LAW JOURNAL 7 THE BANARAS LAW JOURNAL Vol. 44 No. 1 ISSN 0522-0815 Jan - June. 2015 ARTICLES 1. Labour Disputes Litigation in Nigeria: High Courts or National Industrial Court Andrew Ejovwo Abuza 9-34 2. The Basic Structure Doctrine and Implied Limitations on the Exercise of Legislative Powers under the Nigerian Constitution Ekokoi Solomon 35-49 3. Intellectual Property Rights in Human Genes and Gene Fragments: Patenting and Public Access to Healthcare Issues Subhash Chandra Singh 50-70 4. Forum Competition in Conversion Cases: A Review of Pathmanathanv. Indira Ghandi(Court of Appeal Decision, Malaysian Chapter) Arun Kasi 71-94 5. Jurisdiction of Civil Court and Presumption Against Exclusion Ali Mehdi 95-103 6. Foreign Policy Analysis under the Constitution: A Juridical Testimonial Debasis Poddar 104-125 8 THE BANARAS LAW JOURNAL [Vol. 44] 7. Measures for Protection of Women From Sexual Harassment at Workplacein India Vivek Kumar Pathak 127-144 8. Right to Food and Food Security of India Anjali Agrawal 145-160 9. Protection of Whistle Blowers in Corporate India: A Comparative Analysis Priya Ravi 161-173 10. Human Rights and Environment V. Nagaraja 174-182 SHORTER ARTICLES: 11. Women Leadership in Entrepreneur Segment: A Study on the Role of Working Women M. Madhuri Irene 183-191 12. Indian Nuclear Law with Constitutional and International Law Conformity Preethi K Mokshagundam 192-200 BOOK REVIEW : Anoop Kumar (ed.) Paryavaraniya Vidhi: Chunautiya, Vishleshanaur Bhavishya Central Law Publications, Allahabad, 1stedn.,2015, pp. i-xxxv + 664, Rs. 370/ 201-204 Vol.2015 44, No. 1, Ban.L.J. (2015) 9-34THE BANARAS LAW JOURNAL 9 LABOUR DISPUTES LITIGATION IN NIGERIA: HIGH COURTS OR NATIONAL INDUSTRIAL COURT? ANDREW EJOVWO ABUZA ABSTRACT : On 4 March 2011, the Constitution (Third Alteration) Act was enacted to further amend the Constitution of the Federal Republic of Nigeria, 1999. It vests on the National Industrial Court exclusive original Jurisdiction over all labour and employment related matters. Three years after the coming into force of the Act, labour dispute litigations are still on- going in the High Courts. Worse still, some labour disputants still have recourse to the High Courts for the litigation of their labour disputes.
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