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INDIAN LABOUR LAW

These sections will introduce you to the fundamentals of labour law in india



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AUTHORITIES AND ENFORCEMENT

 

 

Government Agencies or authorities to enforce labor and employment laws have been laid down in each act or statute as enforcement agencies under that act.

However questions arising as to the application or interpretation of these acts can be referred by an employer, employee or a trade union to certain agencies instituted under the Industrial Disputes Act, 1947.

Some agencies such as Conciliation Officers exist only for the purpose of pre-empting, mediating in or promoting the settlement of Industrial Disputes and their decisions are not binding under law.

However, agencies like Labor courts and Industrial Tribunals can adjudicate on Industrial Disputes and their orders are binding under law.

Labour Courts and Industrial tribunals basically adjudicate on industrial disputes relating to service conditions of workmen and while their areas of authority do overlap, Labour Courts largely deal with matters involving individual workmen while Industrial Tribunals deal with matters involving groups of workmen.

Unlike the superior courts, the tribunals derive power from the statute which create them and are only quasi-judicial in nature and function within the limits imposed on them by the statutes.

The orders of the labor courts and tribunals are subject to the writ jurisdiction and powers of judicial review of the high court and supreme court, and are thus subordinate to them.

In addition to the above, both the central and the state government have well developed inspectorates as enforcement authorities. Regular inspections of offices and factories are conducted and organisations are expected to folllow the letter and the spirit of the law.

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