Labour legislation in any country should be based on the principles of social justice, social equity, international uniformity and national economy. The concept of social justice has become an integral part of industrial law. The Constitution of India has affirmed social and economic justice to all its citizens. During the twentieth century a new branch of jurisprudence known as Industrial Jurisprudence has developed in our country. This branch of Law modified the traditional law relating to master and servant and had cut down the old theory of laissez faire based upon the ‘freedom of contract’ in the larger interest of the society.
The social security legislations in India derive their strength and spirit from the Directive Principles of the State Policy as contained in the Constitution of India. These provide for mandatory social security benefits either solely at the cost of the employers or on the basis of joint contribution of the employers and the employees. While protective entitlements accrue to the employees, the responsibility for compliance largely rests with the employers. The major enactments are: Employees Provident Fund and Miscellaneous Provisions Act, 1952, Employees State Insurance Act, 1948, The Payment of Gratuity Act, 1972, The Maternity Benefit Act, 1961, The Workmen’s Compensation Act, 1923, The Factories Act, 1948 etc.
This book provides a short cut to the students of the 3/5 year law degree course to enable them to get a broad understanding of the topics that would be covered under the revised syllabus with effect from the academic year 2009-2010. Though every effort has taken to incorporate the developments / amendments on the subject, it may happen that some developments might have taken place subsequent to release of the book for publication. Hence, the readers are therefore advised to study recent amendments / case laws