Page 33 - August-2020-Issue
P. 33

ARTICLE



              -  The Motor Transport Workers                                   For  instance,  the  burden  of
               Act, 1961                       The labour movement             proof that a workman was em-
              -  Sales Promotion Employees     has been instrumental           ployed after his termination
               (Condition of Service)          in the enacting of laws         was placed on the  employers.
               Act, 1976                                                       But in the case of Municipal
              -  The Beedi and Cigar           protecting labour rights in     Council,  Sujanpur  [2006  (5)
                                                                               SCC-173 = 2006-LLR-662] it was
               Workers(Conditions of           the 19  and 20  centuries.      held by the Supreme Court that
                                                     th
                                                             th
               Employment) Act, 1966.                                          this fact being  within the per-
              -  The Cine Workers and Cinema   Labour rights have been         sonal  knowledge  of  the work-
               Theatre Workers Act, 1981.      integral to the social and      man, he has to prove  his un-
                                                                               employment. Similarly, vide
                                               economic development
              The Code on Industrial Relations                                 the historic judgement in the
              -  The Trade Union Act, 1926;    since the industrial            case of S.A.I.L. V/s. National
                                                                               Union Water Front Workers &
              -  The Industrial Employment     revolution. The need for        Ors.  [AIR-2001-SC-3527=  2001-
               (Standing Orders) Act, 1946;
                                               Labour law arose due to         SCC  (7)-1],  it  was  held  by  the
              -  The Industrial Disputes                                       Constitution Bench that on abo-
               Act, 1947;                      the demands of workers          lition of contract labour system
              -  The Code on Social Security.  for better conditions, the      by the appropriate Government
              -  The Employee’s                right to organize, and the      under Section 10 of the Contract
                                                                               Labour (R&A) Act, the contract
               Compensation Act, 1923;                                         labour have no automatic right
              -  The Employees’ State          simultaneous demands            of absorption by  the  Principal
               Insurance Act, 1948;            of employers to restrict        Employer.    Many  more  such
              -  The Employees’ Provident      the powers of workers           judgements can be quoted, but
               Funds & Miscellaneous                                           it  is not necessary to multiply
              -  Provisions Act, 1952;         in many organizations           the same for the purpose of this
                                                                               study.
              -  The Maternity Benefit Act, 1961  and to keep labour costs    • It would be thus clear from the
              -  The Payment of Gratuity       low. International Labour       above  analysis  that  difficulties
               Act, 1972;                                                      experienced by the employ-
              -  Unorganized Workers Social    Organisa-tion (ILO) was one     ers, both in public and private
               Security Act, 2008.             of the first organisations to   sector, in complying with the
                                                                               multifarious labour laws in the
              • As the taste of pudding is said   deal with labour issues.     country, including those en-
               to be in its eating only and as                                 acted by the State Governments
               all the Codes have yet to come                                  did not receive due consider-
               into force and become opera-    seriously by the present gov-   ation and attention for long. As
               tional, it  would therefore be   ernment and brought to near    a sequel, not only the issue of la-
               rather premature and unfair at   completion,  alone  deserves  to   bour reforms has remained in a
               this  stage to  make  any value   be applauded as a welcome     dormant state for long, growth
               judgement on the exercise un-   step in the right direction.    of industry to meet the needs of
               dertaken by  the  Ministry of  • Before  concluding,  the  role  of   teeming millions of our people
               Labour, Government of India.    higher judiciary, and more par-  also  could  not be accelerated
               But the mere fact that the issue   ticularly of the Supreme Court,   and has remained sluggish.
               of  rationalization,  simplifica-  in reducing, to a certain extent,   However,  with  the  dynamic
               tion and Codification of labour   the rigors  of  the labour laws,   leadership now in command at
               laws,  which  was  hanging  fire   notwithstanding prolonged in-  the Centre, industry can very
               and pending for decades,  has   action by the Government, must   much hope to see light  at  the
               been  taken  up vigorously and   be  noted and acknowledged.     end of the tunnel soon.


                                                                                                        33
                                                                              K aleid O scope    May , 2020  33
                                                                              Kaleidoscope  May, 2020
   28   29   30   31   32   33   34   35   36   37   38