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) j) k) It is a relative concept Regulation of wages Providing protection

II. Principles of Natural Justice a) It is difficult to define b) c) d) It aims to secure justice ie to prevent miscarriage of justice judicial, quasi judicial and administrative bodies to fallow 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

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

2.A person shall not be questioned twice for the same cause of action V. Laches :It is an equitable principle that denies assistance to a person who has been guilty of unreasonable delay in asserting his right or relief 1. It is opposite to vigilance and diligence 2. It is to expedite the process of adjudication 3. It is to ensure no person takes advantage of his own laziness VI .Social Welfare : Well being of the people VII. National economy: The general economic situation and industrial growth of the country VIII. International uniformity : The role of I L O Conventions and Recommendations Enactment of laws to implement IX. Constitutional norms : Laws are to be made in conformity with the constitution of India X. Dynamism :It must be in conformity with the changing needs of the society. Industrial Laws 1. Principle of Social justice Equal Remuneration act,1976 Bonded Labour System ( Abolition) Act, 1976 Contract Labour ( R & A ) Act,1970 2.Priciple of Regulation 3. principle of Welfare 4. Principle of Social Security Principle of Economic Development Principle of international obligation Classification of Labour Laws 1. Regulative Laws

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 Act 1959. ,Employment Exchange (C N V )