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What is LAW?
Law is the set of rules and regulations framed by the state for the governance of the country and enforced by sanctions.
Lloyds
LAW
Law denotes rules & principles either enforced by an authority or self imposed by the members of a society to control & regulate peoples behavior with a view to securing Justice, peaceful leaving & social security.
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GENESIS OF LAW
CONSTITUTION
Other Laws
Labour Laws
Working Conditions include: Proper wages,Compensation,Measures for the health safety & welfare of workers.
Need for Labour Laws: Labour Laws were enacted to primarily combat two evils of industrialisation.
Growth of Labour Law: Growth of Labour Law: It grew with the growth of Industry
Need for Labour Legislation : The Relationship between Workers & employers is one of Partnership in the maintenance of production and the building up of the National Economy. The Community as a whole as well as individual Employers are under obligation to protect the well being of workers & to secure to them their due share in the gains of economic development.
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A) Individual workers are Economically Weak. B) The Workers are Exposed to certain Risk. C) To increase Bargaing Power of Workers. D) To Avoid Industrial Disputes. E) To Protect children & Women F) To Provide Compensation to Workers G) To advance the Interest of the working people.
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Reports & the recommendations of the Royal Commission on Labour in 1929 formed the foundation of the Labour Legislations in India.
After independence the ideologies of the great thinkers like Gandhiji, Pt. Nehru etc. regarding labour welfare were written in our constitution and Labour laws were enacted by the parliament and State legislatures.
PREAMBLE
FUNDAMENTAL RIGHTS
DIRECTIVE PRINCIPLES
LABOUR LAWS
Preamble
We, the People of India having solemnly resolved to constitute India into a Sovereign Socialist Secular Democratic Republic and to secure to all its citizens : Justice, social, economic and political; Liberty of thought, expression, belief , faith and worship; Equality of status and of opportunity; and to promote among them all; Fraternity assuring the dignity of the individual and the unity and the integrity of the Nation In our Constituent Assembly this 26th day of November,1949 do Hereby, Adopt, Enact and give to Ourselves this Constitution.
FUNDAMENTAL RIGHTS
These are the rights which are considered to be essential for the individual for the attainment his full intellectual, moral and spiritual status; the negation of the same would render his potentialities underdeveloped.
Hence these rts. have been provided in Part III of our Constitution and made justifiable under Article 32 & 226 of our Constitution.
However, these are not absolute Rts. and are subject to certain restrictions which limit their scope to avoid the state of anarchy.
c)
d) e) f) g) h)
It aims at establishing equality of status as provided in the preamble of the Constitution. The concept implies the absence of any special privilege in favour of individuals and the equal subject of all classes to the ordinary law.
ie. The capitalist and the labour stand at the same platform before law for seeking redressal.
DIRECTIVE PRINCIPLES
The Directive Principles in Part IV of the Constitution sets out the aims & objectives to be taken up by the state in the governance of the country.
The idea of welfare state can only be achieved if these principles are implemented by the states with the high sense of moral duty
ii.
Art.-39 : (a) Rt. To adequate means of livelihood (b) Distribution of ownership & control of material sources for common good (c) Economic system not to result in conceteration of wealth & means of production (d) Equal pay for equal work (e) To protect health & strength of workers & tender age of children by preventing them from entering into avocations unsuited to their age & strength (f) To provide adequate opportunities to children to develop in a healthy manner& that they are protected against exploitation &moral and material abandonment.
iii.
Art.41 : Rt. to work, education and public assistance in certain cases Art. 42 : Just and human conditions for work Art. 43 : Living wages etc. for workers Art 43-A : Participation of workers in management of industries
iv. v. vi.
Classification of LL
I.
a) b) c)
Low relating to working Conditions : The Factories Act. 1948 The Industrial Employment (5.0) Act 1946 The Mines Act , 1951
II.
a) b) c) d) e)
Law relating to wages & amenities : The minimum wages Act , 1948 The Payment of wages Act , 1936 The Payment of Bonus act , 1965 The payment of Gratuity act , 1972 The Employee state Insurance Act , 1948
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f) The
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III.
a) b)
IV. Law relating to Social Insurance & Security :a) b) c) d) ESI EPF WCA MBA
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V.
a) b) c) d) a) b) c) a) b)
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