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Author: Sharath Babu Publisher: SAGE ISBN: 9780761935230 Category : Law Languages : en Pages : 584
Book Description
This comprehensive book traces the growth of labour jurisprudence in India and provides a clear understanding of the content of these principal judgements. The Supreme Court of India has always had pro-socialist judges, the most prominent of them being Justice V R Krishna Iyer. His contributions to labour jurisprudence are legendary. This book analyses and critiques the most important judgements delivered by Justice Iyer from the perspective of social justice. The judgements are arranged contextually in accordance with the subject and within the framework of prevailing industrial laws. The authors elaborate on the key aspects of industrial relations in India and provide a clear understanding of the linkage between labour issues and the philosophy of the Constitution as perceived by Justice V R Krishna Iyer.
Author: Sharath Babu Publisher: SAGE ISBN: 9780761935230 Category : Law Languages : en Pages : 584
Book Description
This comprehensive book traces the growth of labour jurisprudence in India and provides a clear understanding of the content of these principal judgements. The Supreme Court of India has always had pro-socialist judges, the most prominent of them being Justice V R Krishna Iyer. His contributions to labour jurisprudence are legendary. This book analyses and critiques the most important judgements delivered by Justice Iyer from the perspective of social justice. The judgements are arranged contextually in accordance with the subject and within the framework of prevailing industrial laws. The authors elaborate on the key aspects of industrial relations in India and provide a clear understanding of the linkage between labour issues and the philosophy of the Constitution as perceived by Justice V R Krishna Iyer.
Author: Publisher: KW Publishers Pvt Ltd ISBN: 9385714260 Category : Languages : en Pages : 217
Book Description
This is the first book of its kind in which an attempt has been made to brain-scan some of the judgments of the Supreme Court as well as of various high courts and then to link up the results with the objectives of planned development as enumerated in successive Five-Year Plans. The results of this clinical experiment reveal that the entire Industrial Jurisprudence evolved thus far is based on the concepts of Social Justice, Industrial Peace and Job Security. But in practice, Social Justice has promoted inequality, Industrial Peace has failed to accelerate productive activities of the country for the benefit of the community, and Job Security has promoted indiscipline and inefficiency. There is a powerful appeal to the judiciary as a class, the Bar as a profession, the Government as an instrument, and the political echelons as power-wielders to re-examine the total approach and link up industrial jurisprudence with the objectives of planned development. It is contended in the book that wherever a judgment or award is pronounced on the grounds of Social Justice, judges and adjudicators have a duty to show that the interests of the community were borne in mind. They must remember that industrial peace is treated as relevant because it leads to more production and thereby has a healthy impact on the national economy. Job Security is treated as relevant because it would promote efficiency and discipline. In their zest to fight for their respective claims, employers and employees may choose to ignore the demand of national economy, but the judiciary cannot. At the first blush the book may appear to take sides between employers and employees, but once the concepts of Social Justice, Industrial Peace and Job Security are understood with reference to what actually happened during the last 65 years, it is bound to receive wide support and acceptance in all circles. In this edition two chapters have been added viz. Misconducts, Punishments Other Miscellaneous issues – shift from judicial activism to restraint and Judicial Discipline.
Author: Roger Blanpain Publisher: Kluwer Law International B.V. ISBN: 904116748X Category : Law Languages : en Pages : 346
Book Description
For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at the international level. Contributions by twenty outstanding labour law scholars from a range of countries worldwide provide in-depth analysis of such aspects of the debate as the following: – collective action in the interests of market effectiveness as well as fair outcomes for workers; - right to strike; - resilience of trade unions and collective bargaining as mechanisms of labour market regulation; - importance of national policy, despite the influence of global market forces, in shaping national outcomes; - work as the locus of the relationship between humans and nature; - search for a legal foundation for corporate social responsibility; - litigation as an alternative to collective bargaining; - the role of collective labour relations for immigrants and disabled people; - lessons that developed countries could learn from mechanisms pioneered in developing countries in coping with conditions of austerity; and - the trap of soft law and of declarations of intent that weigh lightly in the face of the power of the interests at play in international trade. The essays take stock of the dimensions of the current situation and also explore paths leading to a better achievement of social justice in labour law. These essays recognize that economic development and the pursuit of social justice are interwoven in a quest for social progress that includes mechanisms designed to eliminate unjustifiable inequality. For lawyers and other parties committed to the emerging political will to not only respect fundamental rights, but more broadly improve labour and environmental protection, this book opens abundant avenues that can be pursued in practice and in policy. The volume is based on a selection of papers presented at the 21st World Congress of the International Society for Labour and Social Security Law in Cape Town in 2015.
Author: H. W. Micklitz Publisher: Edward Elgar Publishing ISBN: 0857935895 Category : Law Languages : en Pages : 489
Book Description
'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.
Author: International Labour Office Publisher: International Labor Office ISBN: 9789221263111 Category : Business & Economics Languages : en Pages : 0
Book Description
This issue of the International Journal of Labour Research is wholly dedicated to the question of the minimum wage, a matter that has gained in importance and profile in recent years. No doubt, the main reasons behind this rise in prominence relate to the stagnation of wages in several parts of the world, a generalized increase in earnings inequality as well as the rise in social unrest across the globe.
Author: Hugh Collins Publisher: Philosophical Foundations of L ISBN: 0198825277 Category : Law Languages : en Pages : 369
Book Description
The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.
Author: Sharath Babu
Author: Sharath Babu
Author: Roger Blanpain
Author: Rashmi Shetty
Author: Arvind K. Singh
Author: I. Sharath Babu
Author: 
Author: Roger Blanpain
Author: H. W. Micklitz
Author: International Labour Office
Author: Hugh Collins