Professional Documents
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INTRODUCTION
Law is an instrument to control, restrain, and guide
the behavior and courses of action of individuals
and their groups living in a society.
Law is a dynamic concept.
concept. It changes with the
growing needs of the society.
Development in the field of technology, economic
and other spheres of society influence it.
`
.
. The sun caters to the
physical needs but law caters to social and
economic needs.
The law creates rights and privileges. It
also imposes duties, obligations and
restrictions.
Laws are simple tools which have to be
used by the Authorities (courts) and
society to achieve a just society.
Movements and changes in society create
social gaps. Justice seeks to bridge.
Judicial creativity and its expanding
horizon have to be kept in mind while
studying labour laws .
INDUSTRIAL REVOLUTION AND
EMERGENCR OF LAWS
Industrial revolution completely changed
the lifestyle of the society from agricultural
and pastoral to Industrial one.
Industrial society brought about excessive
exploitation of the working classes.
The Golden rule of capitalism that µRisk
and Right¶ encouraged them to apply the
prerogatives of µHire and Fire¶
The general law of contract used to govern
the relation between worker and employer.
The terms of contract were usually verbal
and mostly used against the workers.
Longer hours of work, abysmally low
wages, no safety and welfare provisions,
and no insurance- the exploitation at large.
State was adopting the policy of ï
(let not interfere) and employers
abused the workers.
FACTORS INFLUENCING LABOUR
LEGISLATIONS
along with
Industrial Revolution, revolutionary thinking of
Rousseau, J.S. Mill, the French Revolution,
Hegel. Marx & Engels and Russian Revolution
greatly influenced the thought process and
hastened the pace of labour jurisprudence.
The ï made it possible for the labours
to realize their importance.
Revolution in
ï
ï
also helped in bringing the
world closer.
].GROWTH OF TRADE UNIONISM
Trade Union movement, emerging from
Industrial Revolution has been another factor
which has quickened the growth of labour
legislations.
Their demands for protection of interests of
working class led to the legislations in the field of
wages, hours of work, workmen's compensation,
social security and other areas.
Their growth also necessitated legislation for
regulation of Industrial Disputes and T.U. rights
and privileges
6.POLITICAL FREEDOM,END OF
COLONIAL RULES AND EXTENSION OF
ADULT FRANCHISE
§
; Marx showed
that the exploitation of labour was inherent
in the capitalist economic system.
He therefore advocated to overthrow
capitalist system.
§GROWTH OF HUMANTARIAN IDEAS AND THE
CONCEPT OF SOCIAL WELFARE AND SOCIAL
JUSTICE
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