Social justice and labour jurisprudence : Justice V.R. Krishna Iyer's contributions / I. Sharath Babu and Rashmi Shetty.

Format:

Book

Author/Creator:

Sharath Babu, I., 1960-

Contributor:

Shetty, Rashmi.

Language:

English

Subjects (All):

Labor laws and legislation--India.

Labor laws and legislation.

Labor courts.

Judges.

India.

Krishna Iyer, V. R., 1915-2014.

Krishna Iyer, V. R.

Judicial power--India.

Judicial power.

Judges--India.

Labor courts--India.

Physical Description:

573 pages ; 25 cm

Place of Publication:

Los Angeles ; London : Sage Publications, 2007.

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.

Contents:

Labour Issues-Attitude of the Judiciary of Late 45

2 Industrial Jurisprudence 50

Purpose of the Industrial Disputes Act, 1947 52

The Constitution and Labour Philosophy 53

Interpretation of Labour Statutes: The Constitutional Values 55

The Binding Nature of Decisions of the Superior Courts 57

The Role of English Law as Precedent 58

Powers of the High Courts under Article 226 of the Constitution 58

3 Threshold Part Issues under the Industrial Disputes Act, 1947 60

The Definition of 'Industry' 60

The Definition of 'Workman' 132

The Definition of 'Industrial Dispute' 135

The Definition of 'Award' and its Scope 138

The Meaning and Scope of 'Undertaking' under the Industrial Disputes Act, 1947 141

4 Collective Bargaining Agreement Issues 151

The Far-reaching Impact of Nullifying Settlements 152

Wages for Strike Period 158

The Legality of Strikes 160

The Scope and Coverage of Settlements under the Industrial Disputes Act, 1947 171

The Force of a Settlement under the Industrial Disputes Act, 1947, as against the Provisions of the General Statute: The Rule 178

Termination of Settlements: The Legality 231

5 Maharashtra (Recognition of Trade Unions and Prevention of Unfair Labour Practices) Act, 1972 240

The Recognition or Trade Unions: Procedural Requirements 240

6 The Government's Power of Reference of Industrial Disputes 244

When is the Second Reference Valid? 244

The Nature of Power Conferred on the Appropriate Government under Section 10(1) of the Act 250

The Scope of the Power of Reference under Section 10(1) 254

The Precise Scope of Section 10(3) 260

7 Industrial Adjudication: The Concept 263

The Concept of 'Tribunal' 263

Interference with the Tribunal's Award 263

Powers of the Labour Court to Give Appropriate Relief to a Dismissed Workman under Schedule II, Item I of the Act 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 Application 271

The Power of Tribunals to Scrutinise the Employer's Action under Section 33(2) 277

The Discharge of a Workman during the Pendency of the Proceedings and the Powers of the Labour Court to Provide Appropriate Relief 283

Findings of the Labour Court with Respect to Relief for a Dismissed Workman 284

The Rigidity of the Tribunals in Extending Equal Benefits to the Same Class of Workmen: Validity 290

The Findings of the Labour Court: Validity 291

Awarding Benefits to Workmen who are not Parties to the Settlement: Validity 292

The Role of the Supreme Court in Interfering with Respect to an Appeal against the Award 294

Illegal Termination: The Remedy 301

8 Voluntary Arbitration as a Mechanism for Dispute Settlement 307

When Can an Arbitration Award be Set Aside? 307

Arbitrators' Ruling over the Justifiability of Mass Termination by the Employer on Account of Illegal Strike: Interference when Justified 317

9 Industrial Employment (Standing Orders) Act, 1946 361

Service Conditions: The Scope of the Standing Orders Act 361

Modification of Standing Orders: The Views of the Supreme Court 369

10 Change of Service Conditions: Restrictions on the Freedom of the Employer 372

Notice of Change Exclusively under Section 9A 372

Pendency of Proceedings before the Conciliation Officer: Duties under Section 33(1)(a) 378

Termination during Pendency of Proceedings: Validity 379

The Role of the Labour Court or Tribunal in Adjudicating Matters under Sections 33(2) and 33(3) 384

Application for Approval of an Act of Dismissal for Misconduct: The Scope for Interference 388

Action Amounting to Change of Conditions of Service during Pendency of the Proceedings: The Amount of Relief 402

11 Disciplinary Proceedings 409

Reopening of Disciplinary Proceedings: The Rule 410

Cases where the Act of Misconduct is Not So Serious: The Relief 411

Termination on Grounds of Loss of Confidence: Discharge Simpliciter or Discharge for Misconduct 412

Mass Termination without Enquiry: The Approach 418

12 Lay-off and Retrenchment 458

The Law Relating to Retrenchment 458

Closure and Retrenchment: The Distinction 464

The Definition of Retrenchment under Section 2(oo) 468

The Definition of Retrenchment under the Payment of Gratuity Act, 1972: Interpretation 472

The Scope of 'Retrenchment' that Includes All Kinds of Termination 476

The Procedure for Retrenchment: The Approach 480

13 Labour Employed through Middlemen-their Rights 486

The Entitlement of Contract Labour to be Absorbed as Regular Employees 486

14 Wages and Monetary Benefits 490

Payment of Tips to Hotel Staff: Whether a Part of the Dearness Allowance 490

Running Allowance: Whether Wages 491

Grant of Additional Dearness Allowances: Principles for Consideration 497

Interpretation of an Industrial Truce Agreement Relating to Wage Structure: The Approach 500

Computation of Dearness Allowance: Validity 503

Adjusting Payment of Customary Bonus under the Statute: The Guiding Principles 506

Effects of Agreements which are Inconsistent with the Payment of Bonus Act, 1965: The Interpretation 520

Constitutional Validity of Section 10 of the Payment of Bonus Act, 1965 529

Applicability of the Payment of Bonus Act, 1965: The Scope of Section 32(5)(c) 530

Veracity of the Balance Sheet: Powers of the Tribunal 531

15 Social Security and Welfare 536

Employees' State Insurance Act, 1948: Applicability 536

Computation of Maternity Benefit under the Maternity Benefit Act, 1961 541

The Employees Provident Fund and Miscellaneous Provisions Act, 1952: Interpretation of Section 14B 547

The Payment of Gratuity Act, 1972: Applicability 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, 1947 565.

Notes:

Includes bibliographical references.

ISBN:

9780761935230

0761935231

OCLC:

78071572

Online:

Publisher description