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Labour Laws

Notes 1.4.1 Maintainability of the Writ Petition under Article 32

In Asiad case the Supreme Court examined whether there was any violation of fundamental
right in this petition and observed:
“The complaint of violation of Art.24 based on the averment that children below the age of
14 years are employed in the construction work of the Asiad projects, is clearly a complaint
of violation of a fundamental right. So also when the provisions allege non-observance of the
provisions of the Equal Remuneration Act, 1976 it is in effect and substance a complaint of breach
of the principle of equality before the law enshrined in Art 14. Then there is the complaint of non-
observance of the provision of the Contract Labour (Regulations &Abolition) Act 1970 and the
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
and this is also in our opinion a complaint relating to violation of Art.21.”
Further it was added:

“Now the rights and benefit on the workmen employed by a contractor under the provisions of
the Contract Labour (Regulation and Abolition) Act, 1970 and the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979 are clearly intended to ensure
basic human dignity to the workmen and if the workmen are deprived of any of these rights
and benefits to which they are entitled under the provisions of these two pieces of social
welfare legislation, that would clearly be a violation of Article 21 by the Union of India, the
Delhi Administration and the Delhi Development Authority which, as principal employers, are
made staturily responsible for securing such rights and benefits to the workmen. That leaves for
consideration the complaint in regard to non payment of minimum wages to the workmen under
the Minimum Wages Act, 1948. We are of the view that this complaint is also one relating to breach
of a fundamental right and for reasons which we shall presently state, it is the fundamental right
enshrined in Article 23 which is violated, by non-payment of minimum wage to the workmen.”

Task Is it maintainable as a writ petition? Give reasons with support of your
answer.

Self Assessment

State whether the following statements are true or false:
10. Public Interest Litigation means litigation for the protection of public interest.

11. The shift from legal centralism to legal pluralism was not prompted by the disillusionment
with formal legal system.
12. The court can itself take cognizance of the matter and precede suo motu or cases can
commence on the petition of any public-spirited individual.

1.5 Industrial Adjudication

In settling the disputes between the employers and the workmen, the function of the tribunal
is not confined to administration of justice in accordance with law. It can confer rights and
privileges on either party which it considers reasonable and proper, though they may not be
within the terms of any existing agreement. It has not merely to interpret or give effect to the
contractual rights and obligations of the parties. It can create new rights and obligations between
them which it considers essential for keeping industrial peace. An industrial dispute as has been
said on many occasions is nothing but a trial of strength between the employers on the one hand

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