Chapter 1--- Introduction

Constitution of India VIS--VIS Labor Legislations

Matters related to labor laws are covered in List III (concurrent list) of the
Seventh Schedule of the constitution of India.
Entry No. 22- Trade unions; industrial and labor disputes.
Entry No. 23- Social security and social insurance.
Entry No. 24- Welfare of labor including conditions of working, provident funds,
employers liability, workmens compensation, invalidity and old age pensions and
maternity benefits.
Entry No. 36- Factories.
Note- Industrial disputes concerning union employees are contained In Union List
and thus is a union subject.
Constitutional law of India
Articles 1-4

The union and its Territory.

Articles 5-11

Citizenship

Articles 12-35

Articles 12-13
Fundamental rights.
Articles 14-18
Right to Equality.
Articles 19-22
Right to Freedom.
Articles 23-24
Right against Exploitation.
Articles 25-28
Right to Freedom of religion.
Articles 29-30
Cultural and Educational Rights.
Articles 31ASaving of Certain Laws.
31C
Articles 32-35
Right to Constitutional Remedies.
Directive principles of state policy.

Articles 36-51
Article
12

Article
13

Definitions, The state??

Ramana Dayaram Shetty v. The International Airport Authority
of India.
A test was defined to find if other authorities is a government
authority?
These test are not conclusive or clinching but are merely
Indicative Indicia.
Ajay hasia v. Khalid Mujib Sehravadi.
Law Inconsistent with or in derogation of the fundamental
rights.
1- Pre Independence
2- Post-independence
3- Definition of Law & Law in force.

Article
14

Article
15
Article
16

Article
19

4- By 24th amendment 1971. Article 368

Judicial review.
High court- Article 226
Supreme court- Article 32

Equality before Law

To any person including any company or association i.e. legal
person, to both citizens and non-citizens, and natural persons.
Equality before law doesnt mean that same set of law should
be applicable to all persons and every law made must have a
universal application.
Reasonable Classification could be done as it is necessary for
the society to progress.
Classification should be done on the basis of intelligible
differentia.
Sexual Harassment of working women. (Vishaka v. State of
Rajasthan)
Equal pay for Equal work. (Article 39-D under directive principal
of state policy)
Equal pay for equal work is not a fundamental right.
Randhir Singh v. Union of India.
Prohibition of discrimination on grounds of RELIGION, RACE,
CASTE, SEX OR PLACE OF BIRTH or any of them.
Equality of opportunity in matters of public employment.
No citizen shall, on grounds only of religion, race, caste, sex,
descent, place of birth, residence or any of them, be eligible
for, or discrimination against in respect of any of them.
16 (3) requirement of being a residence of that state for
job
16 (4) reservation for backward class
4A- 1995Promotion
4B- 2001.- Unfilled vacancies- carried forward to succeeding
year
5 persons belonging to a particular religion should be the
incumbent of an office in connection affairs of any religion.
Right
Reasonable restrictionsSupreme court
19 (1) (a) Speech &
19 (2)
Expression
19 (1) (b) Assemble
19 (3)
19 (1) (c) Associations and
19 (4)
Unions
19 (1) (d),(e) Move freely, reside
19 (5)
and settle

19 (1) (g) Practice any profession,

or to carry on any occupation, trade

19 (6) (Minimum wage,

qualification)

or business.
All India banks employees association v. National Industrial Tribunal
(Bank disputes), Bombay
19 (1) (C) it doesnt give right to achieve every objective for which a
union is formed. Even a very liberal interpretation of this section cant
lead to conclusion that the trade unions have a guaranteed right to an
effective collective bargaining or strike.

Article
20
Article
21

Article
21A
Article
22
Article
23
Article
24
Article
32

Article
39
Article
39D
Article
39E

Article
41
Article
42

Article 20(1)
Ex post facto law
Article 20(2)
Principle of Double jeopardy
Article 20(3)
Self-Incrimination
Protection of life and personal Liberty (it includes many
aspects of human rights)
Known as lawyers paradise. Right to privacy, right to die,
right to get pollution free water etc.
21A Education for children.
Labor laws having relation with Article 21
o
o
o
o
o

Minimum Wages Act.

Factories Act.
Contract Labor Regulation & Prohibition Act.
Maternity Benefit Act.
Workmen Compensation Act.

Peoples Union of for Democratic rights v. Union of India (Asiad Case)

Olga Tellis v. Bombay municipal Corporation (Pavement Dwellers case)

Education for children(Free and compulsory education 614yrs- 86th amendment 2002)
Unni krishnan v. State of A.P
Protection against arrest and detention in certain cases.
(Available to all persons)
Prohibition of traffic in human beings and forced labor.

Prohibition of employment of children in factories, etc.

Right to constitutional Remedies.

Part IV Directive principal of state policy starts (Article

36). State has the same meaning
Certain principles of policy to be followed by the states.

That there is equal pay for equal work for both men and
women.
That the health and strength of workers, men and women, and
the tender age of children are not abused and that citizens are
not forced by economic necessity to enter avocations unsuited
to their age or strength.
Right to work, to education and to public assistance in certain
cases.
Provision for just and humane conditions of work and maternity
relief.

Article
43
Article
43A

Living wage, etc., for workers.

Participation of workers in management of industries.

Article
45

Provision for free and compulsory education for children

Promotion of international peace and security. Article 51

Special Leave Petitions in India (SLP) is to be exercised only in cases

Article
136

when any substantial question of law is involved, or gross injustice has

been done. The Constitution of India under Article 136 vests the Supreme
Court of India with a special power to grant special leave, to appeal against
any judgment or order or decree in any matter or cause, passed or made by
any Court/tribunal in the territory of India. SLP hold a prime place in the
Indian judicial system. It provides the aggrieved party a special permission
to be heard in Apex court in appeal against any judgment or order of any
Court/tribunal in the territory of India.
Special Leave petition or SLP can be presented under following
circumstance:

SLP can be filed against any judgment or decree or order of any High
Court /tribunal in the territory of India.

Or, SLP can be filed in case the High court refuses to grant the
certificate of fitness for appeal to Supreme Court of India.
Time frame within which SLP can be filed:

Article
141

SLP can be filed against any judgment of High Court within 90 days
from the date of judgments.

Or SLP can be filed within 60 days against the order of the High Court
refusing to grant the certificate of fitness for appeal to Supreme Court.
Who can file SLP: Any aggrieved party can file SLP against the
judgment or order of refusal of grant of certificate
Example:- Clerks and Depot cashier of the Calcutta Tramways Co.
Ltd v. Calcutta Tramways Co. Ltd.
Law declared by Supreme Court to be binding on all courts.
All courts doesnt include Supreme court so supreme court can
depart from a previous decision if it convinced of its error and its
baneful effect on the general interests of the public. Ex: - Bengal
immunity Co Ltd. V. State of Bihar.

Ratio Decidendi final decision/ conclusion binding- these are binding on all the
courts.

SC decision will not be binding under these 4 grounds

1

Obiter dicta, i.e., statements which are not part of the ratio decidendi.

2
Per incuriam if SC decision comes, under this SC have no binding effect on
lower courts. It is decision given in ignorance of the terms of a statute or rule having
the force of a statute.
If wife hits husband suppose SC gives verdict under a particular law (IPC) w/o
referring other law (should be tried under Domestic violence act) which was
applicable then no binding effect
3
Sub Silentio without any argument or debate on the relevant question.
Sub silentio is legal Latin meaning "under" or "in silence" It is often used as a reference to
something that is implied but not expressly stated. Commonly, the term is used when a court
overrules the holding of a case without specifically stating that it is doing so.
4
No reasonable opportunity - Ajusdum altum partem Sec 20 no
discussion/ no argument
means decision is not binding
Tort is a civil wrong whereas Mensrea is a criminal motive
Art 143 Advisory jurisdiction The president may ask for advice the SC but SC is
not binding to give.

Inter-alia= among other things.

Latin, among other things.] A phrase used in pleading to designate that a particular statute set out therein
is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute.
Inter alia is also used when reporting court decisions to indicate that there were other rulings made by the
court but only a particular holding ofthe case is cited.

Ejusdem generis: - if a group of words end with other things then this other
things should be understood in context of the words preceding it.
UBI JUS IBI REMEDIUM Where there is a Right there is a Remedy.
Amicus curiae (plural amici curiae)- One that is not a party to a particular
litigation but that is permitted by the court to advise it in respect to some matter of
law that directly affects the case in question.