LABOUR LAW: OVERVIEW OF THE INDUSTRIAL DISPUTE ACT, 1947
Abstract
Labor law also known as the law of employment is the branch of administrative law which
oversees the restrictions on, and the legal rights of the working people and their organizationsi
.
Labor laws function as intermediaries between trade unions, employers and employees.
Generally, Labor laws defines the rights and obligations of both parties.
Labor Law, generally administrates Industrial relation, which are labor-management relations
by providing a platform of collective bargaining by certification of unions. Secondly,
Workplace health and safety by setting employment standards, proving for general holidays,
annual leave and working hours. Thirdly, it reduces unfair practices by the employers by
regulating dismissals, minimum wage, layoff procedures and severance pay. Thereby Labor
Law administrates two fields, Collective bargaining and Individual rights.
Labor Law of India is one of the most rigid policy in the world and is often cited as the source
of lack of foreign investment in Industrial Indian. The origin of labor law is rooted in British
India, the objective of labor law then was to protect the interest of the British traders, naturally
the British political economy were paramount, hence the early laws, Factories Act, shaped
Indian Labor laws. This meant very little protection of laborers, which led to an inherent
distrust between the labor class and their employers. Therefore, in 1947 the newly formed
Indian Government passed the Industrial Dispute Act 1947, which is the flagship act for Labor
protection and regulation in India.
With an inherent distrust between the bourgeoisies by the proletariat and vice versa, strikes and
lockouts were rampant.
Downloads
References
i
. Labour laws in India. [online] Available at: http://ncib.in/pdf/ncib_pdf/Labour%20Act.pdf [Accessed 5 Mar.
2017].
ii Bhasin, L. (2017). Labour And Employment Laws Of India - Employment and HR - India. [online]
Mondaq.com.
iii Supra 2
iv The Industrial Disputes Act, 1947, Section 2(s)
v Chintaman Rao v. State of Madhya Pradesh AIR (1958) SC 358
vi John Joseph Khokar v. Bhadange B. S. & ors 1998 (1) LLJ 447 (Bom)
vii Kirloskar Brothers Ltd. v. Respondent: The Presiding Officer, Labor Court, Delhi and Anr.
[1977(34)FLR206]
viii Devinder Singh v Municipal Council, (2011) 6 SCC 584
ix Burmah Shell Oil Storage and Distributing Company of India Ltd. and Anr. v. Burmah Shell Management
Staff Association and Ors. A.I.R. 1971 S.C. 922
x Chandrasekhara Sharma v. C. Krishnaiah Chetty Jewellers Private Limited 2012(4)KarLJ279
xi Dinesh Sharma and Ors. v. State of Bihar and Ors. 1983(31)BLJR207
xii Gobind v. Presiding Officer, Labor Court and Another (2012)ILR 2Punjab and Haryana637
xiii Supra 1
xiv Supra 1
xv (2017). Report Of The Working Group On “Labour Laws & Other Regulations” For The Twelfth Five Year
Plan (2012-17). [online] [Accessed 10 Mar. 2017].
xvi Supra 15
xvii Supra 1
xviii Mitra, D. (2015). India’s labour laws: Protecting to hurt. [online] Ideasforindia.in. [Accessed 10 Mar.
2017].
xix Supra 18
xx Sil, M. and Datta, R. (2007). Contemporary Issues on Labour Law Reform in India An Overview. [online]
[Accessed 11 Mar. 2017].
xxi Mitra, D. (2014 )The Indian Express. Protecting to hurt. [online [Accessed 8 Mar. 2017].
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
