Page 33 - August-2020-Issue

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