BBA V Semester (HR Spl.

)

Labour Legislation
Faculty

Ritu Bali

Chapter 1 INDUSTRIAL JURISPRUDENCE .

Thus jurisprudence means knowledge of law. . According to Oxford Dictionary: Jurisprudence means the science or philosophy of human law. It is a combination of ³juris´ meaning law and ³prudentia´ meaning knowledge. It deals with structure. Prof. Allen views it as a scientific synthesis of the essential principles of law. uses and functions of law and legal concepts.Jurisprudence .Overview Jurisprudence owes its origin to the Latin word ³Jurisprudentia´.

living together in an organized society.Overview According to Dias. The concepts like possession.Jurisprudence . the term jurisprudence is used to describe legal connections of any body of knowledge. Social sciences deals with the relations of men. It is science as it deals with systematized body of knowledge Jurisprudence is one of the social sciences. He points out that under the French Law. la jurisprudence is the term applied to the body of law built up by the decisions of particular courts. 1. . one to another. negligence etc. 2. liability. ownership. form part of jurisprudence. hence it is also a subject to jurisprudence.

´ According to L. J. Smith. 1. . It is based on three sources: the constitution. ³it is a code which consist of various precedents established by decisions made in settling employees¶ problems and grievances. sociology. psychology. According to Casselman¶s labour dictionary. political sciences etc. It is inter-disciplinary in nature and is closely linked with economics. 3. Deals with rights and duties of tribunals and other quasijudicial bodies 2. ethics.Industrial Jurisprudence Industrial Jurisprudence includes ³some customs and rules by which relationships between the employers and the employees or the master and servant are governed´. ³industrial jurisprudence is the code dealing with the employer and employee relations established through various precedents. Legislative Enactments and Judge made law or judicial decisions.

Chapter IV of the Constitution deals with the Directive Principles of State Policy. . Every legislative act of the state must by in harmony with the constitutional values and it must be intended to achieve the constitutional goals. These are the directions given to the legislature and the executives to show in what manner they are to exercise the legislative and executive powers vested in them.Basis of Industrial Jurisprudence ‡ Constitution: the constitution represents the choice of values made by a society and sets its goals as the achievement of those to which all processes in society must be attuned and geared. Indian constitution is the primary source of jurisprudence in India.

the Parliament and other state legislatures have framed large number of labour laws whose purpose is to carry out the constitutional directives as indicated in the Directive principles of State Policy in Chapter III and IV.Total laws on . if necessary.Basis of Industrial Jurisprudence ‡ Legislative Enactments: Consistent with the constitutional mandate. The basic purpose is to ensure: ‡ Minimum wages ‡ To guarantee just and humane conditions of work to foster trade unions and collective bargaining ‡ to foster trade unions and collective bargaining to ensure terminal and retirement benefits ‡ To control and abolish. contract labour ‡ To adjudicate on industrial disputes The total number of laws both labour and industrial in the statue book. both Central and State is about 150.

as it is the apex court and decisions given by Supreme Court are binding on all the courts by virtue of Article 341 of the Constitution. . High Courts and Supreme Courts. decisions given by Supreme Courts are the most important. Labour Courts.Basis of Industrial Jurisprudence ‡ Judge Made Law or Judicial Decisions: The third and the richest source of industrial jurisprudence is judicial decisions given by judges of Industrial Tribunals. Among all the courts.

It implies something which is not only right to do and wrong not to do. but which some individual person can claim as his moral right.Principles of Industrial Jurisprudence Justice: Justice is derived from Latin word Jus which means law. It follows that benefits and responsibilities should be proportionate to the worth and ability of those who receive them. ‡ ‡ ‡ ‡ Social Justice Natural Justice Equity National Economy .

The concept of social justice as is specified in Constitution of India (Chaper IV.Principles of Industrial Jurisprudence ‡ Social Justice Social Justice is concerned with the distribution of benefits and burdens throughout a society. the protection of a person¶s right through the legal system and the allocation of housing. It is concerned with such matters as the regulation of wages and profits. medicine and welfare benefits. Directive Principles of State Policy) and according to Supreme Court includes: - .

4. work equal opportunity Opportunities for proper growth and development .Principles of Industrial Jurisprudence 1. 8. 13. 2. 12. 6. Hours of Work Weekly rest Safety Working conditions Protection against sickness of injury Maternity or child health Protection of women and children against exploitation Fixation of minimum wages and award of fair wages Guarantees against unequal payments and discrimination on the basis of sex Payment of retrenchment compensation Notice pay for ensuring job security Provision of old security through payment of gratuity and pension. 11. Adequate means of livelihoo. 14. 7. 9. 10. 5. 3.

It adopts a realistic approach and endeavors to resolve the competing claims of employers and employees by fining a solution which is just and fair to both parties with the object of establishing harmony between capital and labour and good relationship.Principles of Industrial Jurisprudence However. It is founded on the concept of socio economic equality and aims at removing disparities and inequalities. While settling industrial disputes. the concept of social justice is not narrow or one sided but it is comprehensive. .

No one should be judge in his own cause (arec nemo debet esse judex in propria causa) 2.Natural Justice These are the set of rules laid down by courts for the minimum protection of the rights of an individual against any arbitrary procedure adopted or decision arrived by judicial or quasi judicial bodies. Two basic rules of Natural justice: 1. impartiality and natural sense of what is right and what is wrong. It is ensuring fair play. Hear the other side (Audi alteram partem) .

5. If he does not act according to his own judgment or if he acts at the dictation of others. . he cannot be a judge and eye-witness at the same time. 1. If he is a party to the dispute 2.e.Natural Justice A judge is also disqualified to act as a judge. If he imparts his knowledge into the decision i. If he has any interest whatsoever in the dispute before him 3. If he is interested in the result of the dispute 4.

His should have an opportunity to present his evidence for defence 7. The tribunal should act in good faith . The charge-sheeted employee should know what is alleged against him 3.Natural Justice Rules of Natural justice. while holding enquiry against employees: 1. He should have reasonable opportunity and time to defend himself 4. All the documents and evidences against the charge-sheeted employee should be recorded in his presence and no material should be relied on against him without giving him an opportunity to explain it 5. No one should be condemned behind his back 2. employee should have opportunity to cross examine witnesses against him 6.

Equity According to Salmond. He who seeks equity must do equity 3. Equity is honesty. He who comes to equity must come with clean hands 4. Equity will not suffer a wrong to be without a remedy 5. uprightness and morality. Equity follows the law 2. Six maxims of equity includes: 1. Equity is equality and equality is equity 6. Delay defeat equality or equality aids the vigilant and not the indolent .

bonus.National Economy The scope of principal of national economy is concerned with wages. gratuity and Provident Fund. Its basic objective is: 1. Ensuring the normal growth of industry for the benefit of the national as a whole especially in India where productivity is low and the per capita income. Payment made in a comparable concern . too is low 2. Capacity to pay 3. Region cum industry basis 2. To adjust the wage system with a view to increasing the productivity and prosperity of the workers Conditions to be satisfied: 1. To satisfy basic and intellectual needs for the growth of industrial efficiency 3.