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NK - Labour Law
NK - Labour Law
LABOUR LAW
INTERNAL ASSESSMENT 1
SUBMITTED BY-:
NAMAN KHANNA
DIVISION A
17010125053
1
Workers of B and C Com. v. Labour commissioner, AIR 1964 Mad. 538.
2
Art” 19(I)(a) & (b) of the Constitution of India.
3
Indian Law Institute, Labour Law and Labour Relations 106 (New Delhi, 1968).
4
(2003) 11 SCC 607
5
Art. 51(c) of the Constitution of India.
6
(2004) 111 LLJ 7.
discrimination in the labour market and the lack of opportunities for them to enter formal work
sector. The Supreme Court, in People's Union for Democratic Rights v. Union of India,7 ruled
that “it is the principle of equality embodied in Article 14 of the Constitution which finds
expression in the provision of the Equal Remuneration Act, 1976.
7
AIR 1982 SC 879.
and dignity to the livelihood of labourers. He also pointed out the need for the Trade Unions
Act which was unorganized and unprotected labour, no job security as well as no wage security.
Industrialization is and will be the strongest pillar of the country and industrialisation is the car
and labour is the petrol that it needs. He also talked about the protection of children and women
from exploitation.
In my opinion, Most of the labour legislations in India have benn formed before independence.
The Fundamental Rights of the Constitution for providing safeguards to labours. Although
most of the pre – constitutional labour legislations have been revoked or curtailed following
the Doctrine of Severability and Doctrine of Eclipse, but not a lot of changes had been made
to the labour legislation which were came before the adoption of Constitution. The
achievement of these labour laws must be credited to the ILO. The ILO guidelines provided
basic principles on which most of labour legislations were drawn. By observation on various
amendments and enactments in labour laws it can be easily seen that the ILO have a countless
impact on the Indian Labour Laws. A large number of laws were passed to incorporate the
guidelines of the resolutions of the ILO. All these revised and ratified legislations create
provisions for the common welfare and protection of importance of the Indian labours. The
constructive effect of ILO is seen in form of appreciation of many new kinds of rights that were
previously not available for the Indian labour class but were made available after creation of
ILO.
The goal of employees' state insurance schemes can be achieved by the joint efforts of
concerned citizens and other non-profit agencies, which advocate for workers proper health
care rights. Such an effort can help, at least, improve medical service, the supply of medicine
and benefits related to the accidents and occupational diseases. Genuine efforts should be
made to ensure ratification of the ILO Social Security (Minimum Standards) Convention,
1952 to provide further social security to workers in India.
“No work is insignificant. All labour should have dignity and importance.”- Martin Luther
King Jr.