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Principles of labour legislation

Principles of legislation:

I. Social Justice : The word justice was derived from Latin word JUS means

Law

b) It implies not only Right to do but also Wrong not to do

c) Aristotle divided justice into distribute and corrective justice.

d) The former means equal distribution among equals and the later means

to restore equality

when it is distributed

e) Social justice operates both at distributive and corrective justice levels

f) The Right to Equality ( Art 14 to 18)

g) Social justice means removal economic inequalities and division of wealth

among the members of the society From each according to his capacity and to

each according to his need

h) It may change with changes in the society and social norms

i) It is a relative concept

j) Regulation of wages

k) Providing protection

II. Principles of Natural Justice

a) It is difficult to define

b) It aims to secure justice ie to prevent miscarriage of justice

c) judicial, quasi judicial and administrative bodies to fallow

d) The soul of NJ is Fair play and impartiality

Two main rules of N J are:

a) Demo debet esse judex in propria causa

No one shall be a judge in his own case

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b) Audi Alteram partem

Hear the other side

Notice of the case

Reasonable opportunity to explain

A new rule has been included Quasi judicial enquiries must be held in good faith ,

without bias

It is P N J that a party is entitled to know the reason for the decision apart from

the decision it self

III. Equity : Equity law is a branch of English law based

the concept of justice

a) Equity means honesty ,uprightness and morality (Salmond)

b) Just, fair and good conscience ( Snell)

c) Rule of law ( Dicey )

Six maxims of Equity

1.Equity fallows the law

2. He who seeks equity must do equity

3.He who comes to equity must come with clean hands

4.Equity will not suffer a wrong without remedy

5.Equity is equality and equality is equity

6.Equity aids the diligent but not indolent

IV. Res Judicata : Res means thing and judicata

means already decided

Sec 11 of C.P.C says if a judgment is given by a court

on any issue the judgment operates as res-judicata and bars the trail of the

same issue between the same parties in the same court in a subsequent

proceedings

Objective of Res judicata is

1. There should be an end to the litigation

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The T U Act , 1926

The I D Act , 1947

The Employment ( Standing Orders ) Act,1946

The Contract Labour ( R& A ) Act 1970

2. Protective Laws

Factories Act.1948

The Mines Act, 1952

The Plantations Labour Act, 1951

The Shops & Establishments Act 1988

3.Wage Related Laws

The Payment of Wages Act 1936

The Minimum Wages Act , 1948

The Payment of Bonus Act ,1965

The Equal Remuneration Act 1976

4. Social Security Laws

The W C Act 1923

The E S I Act , 1948

The E P F & M P act , 1952

The Maternity Benefit Act 1961

Payment of Gratuity Act ,1972

5. Welfare laws

Factories Act 1948

The Mica Mine Welfare Fund Act 1946

The Cine Workers Welfare fund Act 1981

The Beedi Workers Welfare Fund Act, 1976

6. Miscellaneous Laws - Apprentices Act,1961 ,Employment Exchange (C N V )

Act 1959.