Law regulating terminal and retiral benefits of industrial workers in India a socio legal study

Abstract

The present research work titled Law Regulating Terminal and Retiral Benefits of Industrial Workers in India: A Socio Legal Study is an effort to examine in depth with the help of relevant case laws, the lacunae and shortcomings in the existing statutes and their interpretation while dealing with the terminal and retrial benefits to the industrial workers in India. For academic requirements and convenience of the readers the entire work is divided into six chapters. The first chapter deals with introduction relating to research work. The second chapter provides the historical background and development of different labour legislations particularly those which deal with the terminal and retiral benefits of an Industrial Employees. The Indian policy on terminal and retiral benefits before and after Independence has been examined at length. The impact of the Fundamental Rights, Directive Principles of the State Policy incorporated in the Constitution of India has also been discussed in brief. The third chapter deals with the international scenario about the terminal and retiral benefits given to the industrial employees. This chapter gives brief discussion of the laws prevailing in different countries like; United Kingdom, Australia, China, Japan, and United States of America. In the fourth Chapter four major issues under different labour legislations pertaining to industrial employees have been discussed. In this chapter, the nature of service contract and legal effects of termination, modes of termination of service, such as termination due to retrenchment, due to transfer and closure of an undertaking have been discussed. The justiciability and constitu¬tional validity of the provisions contained in Chapter-V B of the Industrial Disputes Act, 1947 has also been discussed in this chapter. The mechanism of the benefits which are given in case of termination due to accident or disease has also been examined. This chapter also deals with the statutory schemes provided under different statutory laws.