Page 11 - DCOM207_LABOUR_LAWS

Labour Laws

Notes “The development of industrial law during the last decade and several decisions of this court
in dealing with industrial matters have emphasized the relevance, validity and significance
of the doctrine of social, justice. The concept of social justice is not narrow or one-sided or
pedantic. Its sweep is comprehensive. It is founded on the basic ideal of socio-economic
equality and its aim is to assist the removal of socio-economic disparities. Nevertheless
in dealing with industrial matters it does not adopt a doctrinaire approach and refuses to
yield blindly to abstract notions, but adopts a realistic and pragmatic approach. It therefore
endeavours to resolve the competing claims of employees by finding a solution which is
just and fair to both parties with the object of establishing harmony between labour and
capital, and good relationship. The ultimate object of industrial adjudication is to help the
growth and progress of the national economy, and it is with that ultimate object in view
that industrial disputes are settled by industrial adjudication.”
Social justice is not based on contract. In fact it is an abridgement of the freedom of contract. The
days of hire and fire are gone and the Industrial Court has power to intervene if it is demonstrated
that the contract of employment needs to be revised in the interests of social Justice. In fact the
Industrial Courts enjoy immense wide powers which no civil court possesses, namely, to create
new contracts, modify existing contracts and confer new rights and privileges.

However the principle of social justice does not permit the Industrial Courts to act as despots
and do anything they please. The Industrial Court must follow Industrial law and decide the
dispute on settled principles. The Supreme Court has struck a note of caution that the need of
the hour is more production; consequently the Tribunal should not be unduly generous in the
matter of granting leave. Similarly, an Industrial Court cannot grant housing accommodation to
the workers for this would impose too heavy a burden on the employer.

Did u know? In Patna Electric Supply v. Workers Union, AIR 1959 SC 1036 the Supreme
Court observed:
“Social Security for the weaker sections is of utmost importance. But then we cannot forget
the limitations under which we are living. While we should not forget our social goals, our
purpose may be defeated if we do not approach our problems in a pragmatic way. “
Thus, social justice requires the Industrial Courts to strike a balance between the conflicting
claims of employer and worker. While the employer has a fundamental right to run his business,
his right has to be adjusted with the employees’ right to social justice. The former pertains to the
realm of fundamental rights in our Constitution, the latter to the realm of the Directive Principles.
The Ultimate aim is to have peace in industry so that production may increase and the national
economy may grow.

Self Assessment

Fill in the blanks:

7. The fundamental principle which was laid down by the Supreme Court in this respect was
the principle of .................. .
8. The Industrial Court must follow .................. and decide the dispute on settled principles.

9. Social justice is not based on .................. .
1.4 Public Interest Litigation (PIL) for Enforcement of Labour Law

“Public interest Litigation”, in simple words, means, litigation filed in a court of law, for the
protection of “Public Interest”, such as pollution, Terrorism, Road safety, constructional hazards
etc. Public Interest Litigation, in Indian law, means litigation for the protection of public interest.

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