Explain the role and relevance of Labour Laws. What do you understand by public interest litigation? Is it maintainable as a writ petition?

MS 28 Assignment Solution | Labour Laws | Role and Relevance of Labour Laws.

Indian Labour Laws have both sides – the positive ones and the negative ones. The positive side provides basic rights and facilities for human existence and human dignity. the right to combine, the right to expression, the right to live and minimum standard and safety, etc. which HRD also aims at the macro-level.

But the negative side of labour-Laws is more prominent Every society revises and reviews invents and reinvents better systems and governance it does hamper the integration of HRM and Industrial Relations

Our Labour Laws have the following negative orientation:

1. Overprotective

2. Over the negative

3. Overreactive

4. Fragmented and adhoc

5. Outdated and irrelevant

6. It is almost impossible for an employer to remove any workman for his inefficiency. This has led to a lethargic and restrictive work culture which is against the postulates of HRD

7. Our Labour Laws generally negate change and progress than facilitate and enable them to happen. They say no to propositions and then encourage them to happen. Positivity is the main postulate of HRH which does not find favour with most of our labour laws.

8. Our labour laws are mostly to fight the fire when it has broken out. They are more reactive than proactive in orientation.

The ID Act 1947 comes into operation after a dispute has erupted or is apprehended It does not say anything about the genesis and background of disputes. HRD talks of protection, pre-emption and prevention than only cure.

9. Our Labour Laws are mostly fragmented, Adhoc and piecemeal. Sometimes, they contradict each other.

They create more confusion, at times than giving clear solutions. HRD approach is an integrated and pointed approach, quite clear and visible.

10. Our Labour Laws are mostly fragmented, Adhoc and piecemeal. Sometimes, they contradict each other.

11. Our Labour Laws have mostly become outdated, obsolete and irrelevant. They were framed at one point in time with specific problems in view. Times have changed and so have changed the problems.

They should change accordingly to cater to the needs of the time. They should be dynamic ones. But they have remained static and rigid, which is against the spirit of HRD.

Law is a dynamic concept. It comes into existence to cater to the growing needs of society, which may be caused by technological, economic, political and social changes. Life and laws have moved together in history and they must do so in future also. Every society revises and reviews, Invents and reinvents better systems and governance. Labour laws came into being to take care of certain aberrations created by Industrial Revolution. 

Wrapped Up

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