By Sharath Babu, Rashmi Shetty
Justice V. R. Krishna Iyer is among the so much popular judges within the ideal court docket of India and his contributions to labour jurisprudence are mythical. This ebook analyzes an important decisions brought by way of Justice Iyer from the point of view of social justice. Arranging the decisions contextually and based on the topic and in the framework of winning commercial legislation, the authors study key elements of business family in India and supply a transparent figuring out of the linkage among labour matters and the philosophy of the structure as perceived through Justice Iyer.
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Extra info for Social Justice and Labour Jurisprudence: Justice V.R. Krishna Iyer's Contributions
The working class is not confined to urban factories and technological services that are well organized, but extend to the vastly dispersed villages of rural India. We are a socialist republic, as the Preamble to the Constitution articulates . There are several statutes, that deal with the rights and duties of the working people, which are enforceable through courts. Inevitably, trade unionism—with political and economic ideologies—had to come up for their semantic construction before the courts, especially the highest court, making the final pronouncement.
Utter incompatibility exists between judicial democracy and dogmatic infallibility; and so in this case, we have taken time, more time and repeated extensions of time to evolve a broad consensus out of our initial dissensus. 20 Our Constitution guarantees the right to form associations not for gregarious pleasure, but to fight effectively for the redressal of grievances. Our Constitution is sensitive to workers’ rights. Our story of freedom and social emancipation led by the Fathers of the Nation has employed, from the highest of the motives, a path of combined action to 54 Social Justice and Labour Jurisprudence resist evil and to right wrong even if it meant loss of business profits for the liquor vendor, the brothel-keeper and the dealer in foreign cloth.
I would not prolong these prefatory observations as the readers will read through the book for themselves and be able to judge impartially from the socialistic perspective. I know that there is a tendency, especially after American capitalist influence has gained hold on Indian economic philosophy, of rejecting Nehru and Indira Gandhi; but this trend must be corrected. A majority of judges, brought up contrary to the views of the founding fathers, are inclined to ignore the progressive Preamble and the labour law set out in Part IV of the Constitution.
Social Justice and Labour Jurisprudence: Justice V.R. Krishna Iyer's Contributions by Sharath Babu, Rashmi Shetty