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Unit 1: Philosophy of Labour Laws
Amit Kumar Sharma, Lovely Professional University
Unit 1: Philosophy of Labour Laws Notes
CONTENTS
Objectives
Introduction
1.1 Approach to Labour Law and Labour Relations
1.1.1 Basis of Labour Relations Law
1.1.2 Purpose of Labour Legislation
1.2 Constitutional Directives and Limitations to Labour Law
1.2.1 Constitutional Directives to Labour Laws
1.2.2 Constitutional Limitations on Labour Laws
1.3 Social Justice and Labour Laws
1.4 Public Interest Litigation (PIL) for Enforcement of Labour Law
1.4.1 Maintainability of the Writ Petition under Article 32
1.5 Industrial Adjudication
1.5.1 The Adjudication Process
1.6 Summary
1.7 Keywords
1.8 Review Questions
1.9 Further Readings
Objectives
After studying this unit, you will be able to:
l z Explain approach to labour law and labour relations
l z Discuss the constitutional directives and limitations to labour law
l z Get an overview of social justice and labour laws
l z Describe the public interest litigation (PIL) for enforcement of labour law
l z Discuss industrial adjudication
Introduction
In order to appreciate various labour legislation it is necessary to know the philosophy of Labour
Laws. Over the years labour laws have undergone a change with regard to the object and scope.
Early labour legislation was enacted to safeguard the interest of employers. It was governed
by the doctrine of laissez faire. Modern labour legislation on the other hand aims at protecting
workers against exploitation by employers. The advent of doctrine of welfare state is based on
the notion of progressive social philosophy which has rendered the old doctrine of laissez faire
obsolete. The theory of “hire and fire” as well as the theory of “supply and demand” which found
free scope under the old doctrine of laissez faire no longer holds good. The purpose of this Unit
is to enable the students to comprehend basic expressions. At the end of this unit you should be
able to understand various concepts regarding the philosophy of labour laws.
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