[ Evolution, purpose, facts ]
ASSIGNED BY RAXA MA'AM DAVE
# Introduction :-
This concept discusses about the labour -law and the role of jurisprudence in labour law and Various status, Policies and precedents that have contributed to it.
At present it is very difficult and tricky to manage people and make them work for your organisation managing manpower and People at the workplace has become a major challenge and a key aspects of running an organisation healthy. Mismanagement of the employee-employer relationship often leads. to misunderstanding and toxic work culture in an organisation. As a result of which labour turnover increases, Indiscipline increases a decline in output is seen and increased cost production is associated with various Other problems in the workplace.
In this concept we will discuss the industrial jurisprudence in labour law.
# Jurisprudence:-
Jurisprudence is the study that deals with the fundamental principles and various concepts of law. It guides a person to understand the deeper meaning of law. The word jurisprudence is derived from the Latin term “Jurisprudentia” which means “knowledge of the law”. Basically ‘Jure’ means law and ‘Prudentia’ means knowledge. Thus, the meaning of the entire word signifies a practical knowledge of law and its various applications.
The aim of Jurisprudence is to help a layman understand the deeper meaning of the law. Jurisprudence is a crucial part of the law which is entirely based on theories and various analyses. Jurisprudence focuses on the relationship of law with society, social science, and so on.
• Evolution: -
the state was challenged by the reformist and ideas of secularist emerged. Mane theories were proposed
with regards to the evolution and nature of ‘state’ by philosopher like Hugo Grotius, John Locke, Rousseau
and Blackstone.
Formation of ideas of collectivism and social welfare. Slowly, the idea of positive law and positivistic
approach gained popularity whereby the boundaries of the law were demarcated, and its scope was limited.
# labour law:-
Labour law is the area of law which signifies the relationship between a worker, trade union and government or large. It plays a major important role in protecting the rights of labour, their Union, their wages and moreover building a Link between government and workers. It is a protective code for labours, workers and employees as well to make them aware of their right and also to establish a standard taw regarding labour work practice.
Labour law is concerned with the establishment of a labour-relations framework that provides peaceful industrial relation between labours and organized workers.
• Historical Background:-
The origin of labour law can be traced back in time around 18th century, where labour relations had been mentioned in several places by European writers while giving importance to their guilds and Apprenticeship system, Asian scholars in the laws of the Hindus by Manu and the several other Latin American authors and writers across the world.
• Befor Independence
Labour legislation in India starts with the history of British Colonialism. Labours of India protected the interest of British employers and because of these labours, Britishers establish their supremacy in India because the Britishers were less in number and it was not possible to control whole India, established industries without taking the help of Indian labours.
The first legislative control attracts by the plantation industry in Assam where workers were recruited through professionals. And these workers were not allowed to leave the garden. Then day by day burden on Indian Labour increased because of British exploitation and by this competition to British textiles in the export market increased. So the British Parliament passed the Factories Act of 1883 to make the labour costlier just to reduce its pressure. And by this act, Indian Labour got some basic liberties like as below..
• Eight hours of work in day.
• Child labour abolition.
• Restriction of women in night employment.
• Overtime wages for extra work after eight hours.
After this many acts passed in India for independence of labours such as Workmen Compensation Act 1923, Mines Act 1923, Forced Labour 1930, Payment of Wages Act 1936.
•After Independence
After the Independence condition of Indian labour was worst. They were treated like property, paid less for their work, even their health issues are not considered, they were deprived of their right. And the cost of living also increased after independence in India. So these workers raised their voice against it. They formed various organizations to go on strike with unions. For the betterment of labour life finally in 1950 laws related to labour embedded in the constitution which protect their fundamental rights (Constitutional Articles concern with labours are 14,16,19,23,24,38), deal with their health issues such as Minimum Wages Act 1948, Factories Act 1948, Employees State Insurance Act 1948.
# Jurisprudence of labour law:-
Jurisprudence is the study of the philosophy Concepts, and Principles of law, and how they apply to Various legal systems and cases, It encompasses the study of legal theory, legal reasoning and the interpretation of law. In the context of labour law jurisprudence plays a crucial role in shaping the interpretation and application of labour laws, jurisprudence provides a framework for understanding the legal principles underlying labour laws and how they should be applied in specific situation.
• For example:- In the case of a dispute between on employer and employee over issues such as wages, hours of work, or unfair treatment. jurisprudence would be used to interpret the relevant labour law and apply them to the specific facts of the case. This would involve Analyzing the legal principles underlying the relevant labour Laws, examining previous cases that have Interpreted these laws, and applying this knowledge to reach a fair and just out come in the dispute, jurisprudence also plays an Important role in shaping labour law itself, as legal scholars and judges often use jurisprudential principles to critique and develop new legal theories and doctrines. By examining the underlying principles of labour law and applying these principles to current legal issues and disputes, jurisprudence helps to shape the ongoing evolution of labour law and ensure that it remains relevant and effective in addressing the needs and concerns of workers and employer alike.
# Purpose of labour Jurisprudence: -
• It establishes a legal systems that facilitate productive individual And collective employment relationship and hance a productive economy.
- The Jurisprudence and the laws are these for the protection of workers interests. It should be the responsibility of both workers and managements to settle the dispute internally. Overall the role of Jurisprudence is the study of the philosophy, concepts and principles of law and how they apply to various legal systems and cases.
- By providing a framework within which employers, workers and their representatives can interact work related issues, it serves as an important Vehicle for Achieving harmonious Industrial relations based on workplace democracy.
- It provides a clear and consistent reminder and the guarantee of fundamental principles and labour right that have gained broad social Recognition define the mechanism through Which those principles amd right can be implemented and enforces.
- 22.Trade unions; industrial and labour disputes.
- 23. Social security and social insurance; employment and unemployment.
- 24. Welfare of labour including conditions of work, provident funds, employers” liability, workmen compensation, invalidity and old age pensions and maternity benefits.
- 25. Education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of List I; vocational and technical training of labour.
The role played by judiciary has been a crucial aspect in the development of labour jurisprudence as a whole. When the same is to be understood from one aspect particularly which in the present analysis is right to strike, various cases has been taken into account through which time and again the importance of judiciary is highlighted.
- Legality of Strike:
The judiciary has the power to determine the legality of strikes in India, courts have laid down certain conditions for a strike to be considered legal, such as giving notice to the employer, providing a reasonable cause for the strike and ensuring that the strike is peaceful. In addition, the judiciary has also recognized the right of employers to take disciplinary action against employees who go on an illegal strike.
- Interpretation and Implementation:
One of the primary roles of the judiciary is to interpret the Industrial Disputes Act and ensure that it is implemented in a fair and just manner. The courts have the power to hear cases related to strikes and issue orders regarding the legality of strikes, and the conditions and procedures that must be followed.
- Essential Services:
The aspect of Essential services maintenance act has been also covered by the judiciary as it has laid down guidelines for the imposition of essential services maintenance act (ESMA) during strikes. ESMA is a law that prohibits strikes in certain essential services like hospitals, transport, and electricity supply, to ensure that these services are not disrupted. The Supreme Court of India has held that ESMA can be invoked only as a last resort when all other measures to resolve the strike have failed.
- Compensation:
Furthermore, the judiciary has also acknowledged that strikes are a legitimate means of expressing the grievances of workers. The courts have recognized the importance of collective bargaining and have encouraged employers to negotiate with workers to resolve disputes. In cases where the strike is found to be illegal, the courts have ordered compensation for any loss suffered by the employer due to the strike. Additionally, the courts have also granted relief to workers who have suffered on account of participating in a lawful strike.
- Appointment of Conciliation Officer:
The judiciary can also appoint a conciliation officer or a board to resolve the dispute between the workers and employers. This officer or board can facilitate negotiations between the two parties, and if an agreement is reached, it can be enforceable under law.
If the negotiations fail, the matter can then be referred to a labor court, industrial tribunal or a National Industrial Tribunal, depending on the nature of the dispute. These courts have the power to decide disputes related to wages, working hours, working conditions, and other employment-related issues.
# conclusion:-
over all the jurisprudence and the laws are these for the protection of workers interests.it should be the responsible of both workers and managements to settle the dispute internally. overall the role of jurisprudence is the study of the philosophy, concepts and principles of law and how they apply to various legal systems and cases.
# references:-
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