9780761935230

Social Justice and Labour Jurisprudence : Justice V. R. Krishna Iyer's Contributions

by
  • ISBN13:

    9780761935230

  • ISBN10:

    0761935231

  • Format: Hardcover
  • Copyright: 2007-05-08
  • Publisher: SAGE Publications Pvt. Ltd
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Summary

Justice V R Krishna Iyer is one of the most prominent judges in the Supreme Court of India and his contributions to labour jurisprudence are legendary. This book analyzes the most important judgements delivered by Justice Iyer from the perspective of social justice. Arranging the judgements contextually and in accordance with the subject and within the framework of prevailing industrial laws, the authors examine key aspects of industrial relations in India and provide a clear understanding of the linkage between labour issues and the philosophy of the Constitution as perceived by Justice Iyer.

Table of Contents

List of Casesp. 3
Forewordp. 36
Prefacep. 39
Introductionp. 43
Labour Issues-Attitude of the Judiciary of Latep. 45
Industrial Jurisprudencep. 50
Introductionp. 50
Purpose of the Industrial Disputes Act, 1947p. 52
The Constitution and Labour Philosophyp. 53
Interpretation of Labour Statutes: The Constitutional Valuesp. 55
The Binding Nature of Decisions of the Superior Courtsp. 57
The Role of English Law as Precedentp. 58
Powers of the High Courts under Article 226 of the Constitutionp. 58
Threshold Part Issues under the Industrial Disputes Act, 1947p. 60
The Definition of 'Industry'p. 60
The Definition of 'Workman'p. 132
The Definition of 'Industrial Dispute'p. 135
The Definition of 'Award' and its Scopep. 138
The Meaning and Scope of 'Undertaking' under the Industrial Disputes Act, 1947p. 141
Collective Bargaining Agreement Issuesp. 151
The Far-reaching Impact of Nullifying Settlementsp. 152
Wages for Strike Periodp. 158
The Legality of Strikesp. 160
The Scope and Coverage of Settlements under the Industrial Disputes Act, 1947p. 171
The Force of a Settlement under the Industrial Disputes Act, 1947, as against the Provisions of the General Statute: The Rulep. 178
Termination of Settlements: The Legalityp. 231
Maharashtra (Recognition of Trade Unions and Prevention of Unfair Labour Practices) Act, 1972p. 240
The Recognition or Trade Unions: Procedural Requirementsp. 240
The Government's Power of Reference of Industrial Disputesp. 244
When is the Second Reference Valid?p. 244
The Nature of Power Conferred on the Appropriate Government under Section 10(1) of the Actp. 250
The Scope of the Power of Reference under Section 10(1)p. 254
The Precise Scope of Section 10(3)p. 260
Industrial Adjudication: The Conceptp. 263
The Concept of 'Tribunal'p. 263
Interference with the Tribunal's Awardp. 263
Powers of the Labour Court to Give Appropriate Relief to a Dismissed Workman under Schedule II, Item I of the Actp. 265
Powers of the Labour Court to Give Appropriate Relief to Laid-off Workmen where Chapters VA and VB of the Industrial Disputes Act, 1947, Have No Applicationp. 271
The Power of Tribunals to Scrutinise the Employer's Action under Section 33(2)p. 277
The Discharge of a Workman during the Pendency of the Proceedings and the Powers of the Labour Court to Provide Appropriate Reliefp. 283
Findings of the Labour Court with Respect to Relief for a Dismissed Workmanp. 284
The Rigidity of the Tribunals in Extending Equal Benefits to the Same Class of Workmen: Validityp. 290
The Findings of the Labour Court: Validityp. 291
Awarding Benefits to Workmen who are not Parties to the Settlement: Validityp. 292
The Role of the Supreme Court in Interfering with Respect to an Appeal against the Awardp. 294
Illegal Termination: The Remedyp. 301
Voluntary Arbitration as a Mechanism for Dispute Settlementp. 307
When Can an Arbitration Award be Set Aside?p. 307
Arbitrators' Ruling over the Justifiability of Mass Termination by the Employer on Account of Illegal Strike: Interference when Justifiedp. 317
Industrial Employment (Standing Orders) Act, 1946p. 361
Service Conditions: The Scope of the Standing Orders Actp. 361
Modification of Standing Orders: The Views of the Supreme Courtp. 369
Change of Service Conditions: Restrictions on the Freedom of the Employerp. 372
Notice of Change Exclusively under Section 9Ap. 372
Pendency of Proceedings before the Conciliation Officer: Duties under Section 33(1)(a)p. 378
Termination during Pendency of Proceedings: Validityp. 379
The Role of the Labour Court or Tribunal in Adjudicating Matters under Sections 33(2) and 33(3)p. 384
Application for Approval of an Act of Dismissal for Misconduct: The Scope for Interferencep. 388
Action Amounting to Change of Conditions of Service during Pendency of the Proceedings: The Amount of Reliefp. 402
Disciplinary Proceedingsp. 409
Reopening of Disciplinary Proceedings: The Rulep. 410
Cases where the Act of Misconduct is Not So Serious: The Reliefp. 411
Termination on Grounds of Loss of Confidence: Discharge Simpliciter or Discharge for Misconductp. 412
Mass Termination without Enquiry: The Approachp. 418
Lay-off and Retrenchmentp. 458
The Law Relating to Retrenchmentp. 458
Closure and Retrenchment: The Distinctionp. 464
The Definition of Retrenchment under Section 2(oo)p. 468
The Definition of Retrenchment under the Payment of Gratuity Act, 1972: Interpretationp. 472
The Scope of 'Retrenchment' that Includes All Kinds of Terminationp. 476
The Procedure for Retrenchment: The Approachp. 480
Labour Employed through Middlemen-their Rightsp. 486
The Entitlement of Contract Labour to be Absorbed as Regular Employeesp. 486
Wages and Monetary Benefitsp. 490
Payment of Tips to Hotel Staff: Whether a Part of the Dearness Allowancep. 490
Running Allowance: Whether Wagesp. 491
Grant of Additional Dearness Allowances: Principles for Considerationp. 497
Interpretation of an Industrial Truce Agreement Relating to Wage Structure: The Approachp. 500
Computation of Dearness Allowance: Validityp. 503
Adjusting Payment of Customary Bonus under the Statute: The Guiding Principlesp. 506
Effects of Agreements which are Inconsistent with the Payment of Bonus Act, 1965: The Interpretationp. 520
Constitutional Validity of Section 10 of the Payment of Bonus Act, 1965p. 529
Applicability of the Payment of Bonus Act, 1965: The Scope of Section 32(5)(c)p. 530
Veracity of the Balance Sheet: Powers of the Tribunalp. 531
Social Security and Welfarep. 536
Employees' State Insurance Act, 1948: Applicabilityp. 536
Computation of Maternity Benefit under the Maternity Benefit Act, 1961p. 541
The Employees Provident Fund and Miscellaneous Provisions Act, 1952: Interpretation of Section 14Bp. 547
The Payment of Gratuity Act, 1972: Applicabilityp. 561
Principles to be Followed in Framing a Scheme of Gratuity by the Industrial Tribunal under Schedule 3, Item 5 of the Industrial Disputes Act, 1947p. 565
About the Authorsp. 574
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