Introduction
Hey there, I hope you’re doing well. We all know how important ‘labours’ are for any industry. Still, labours face many problems and discrimination in law. In this blog, we are gonna discuss the Industrial Jurisprudence in labour law.
Let’s get started….
What is Industrial Jurisprudence
The term Labor or Industrial Jurisprudence refers to a bass of literature regarding knowledge of Law with respect to labor and Industry, derived from Labor legislation, constitutional framework, and the judicial lawmaking in the country.
Legislations and courts have both realized that it’s high time to move toward the common goal of securing social justice and economic justice for labor and other weaker sections of society.
The Industrial Disputes Act of 1947 is one of the major social legislation that addresses the labor-management disputes in the Industrial Sector and provides the remedies.
The Adjudicators under the act are required to settle the disputes in light of the statutory provisions. Meanwhile, the constitutional philosophy is enshrined in law of the land – the constitution of India.
Though the adjudicators’ awards are final, the aggrieved party is free to approach the High Court under article 226 and the Supreme Court under article 136 of the constitution, as a matter of Constitutional remedies.
The literature on Industrial Jurisprudence is exhaustive. It covers a plethora of subjects relating to labor & management relations. The Supreme Court & Industrial adjudication has over the time evolved several jural postulates which now form the art of Industrial Jurisprudence such as
- The Doctrine of social welfare, public policy & social good.
- The Industrialists should not treat Labour as a commodity but as a real partner in Industrial management.
- Labours should have the assurance of their Minimum wages.
- Labor law to be applied equally to both public & private sectors.
- Equal Pay for equal work – Constitutional Mandate.
Supreme Course & Industrial Jurisprudence in Labour Law
The Legislature and the Supreme Court have done yeoman service to the cause of the Social & Poor working class in the country. The norms, guidelines, and policies set out by the SC enriched the vision of Industrial Jurisprudence in the country.
Although V.V. Giri has put more emphasis on Voluntary Arbitration vis-a-vis Compulsory Adjudication.
Compulsory Adjudication refers to the settlement of an Industrial Dispute by the award of the appropriate court. It is binding on both parties and we know it as a third-party intervention.
He has preferred Voluntary Arbitration over Compulsory Arbitration, as in the latter, the victor and the vanquished get back to their work in a sullen and resentful mood towards each other, and neither can forget or forgive; an attitude of suppressed hostility in one party and of unconcealed satisfaction and triumph in other may lead to the transient truce but not everlasting peace.
Hence, no doubt, the judiciary, and the laws are there for the protection of workers’ interests. It should be the responsibility of both workers and management to settle the disputes internally. So that people should carry on harmony and cordial relations.
Blog by: Mr. Mukul Sharma
Department of Commerce & Management
Biyani Group of Colleges, Jaipur
Thank you for reading the blog on industrial jurisprudence. I hope you’ve learnt something new. Kindly, share it with the commerce students.