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1 - 9 of 9 (0.28 seconds)The Minimum Wages Act, 1948
Article 14 in Constitution of India [Constitution]
The Rajasthan Famine Relief Works Employees (Exemption From Labour Laws) Act, 1964
Section 3 in The Minimum Wages Act, 1948 [Entire Act]
Section 2 in The Minimum Wages Act, 1948 [Entire Act]
Section 3 in The Rajasthan Famine Relief Works Employees (Exemption From Labour Laws) Act, 1964 [Entire Act]
Article 32 in Constitution of India [Constitution]
People'S Union For Democratic Rights ... vs Union Of India & Others on 18 September, 1982
This Court had occasion to consider the true meaning
and effect of Article 23 in a judgment given on 18th
September 1982 in writ petition No. 8143 of 1981-Peoples
Union for Democratic Rights and Ors. v. Union of India and
Ors. (1) The Court pointed out that the constitution
makers, when they set out to frame the Constitution, found
that the practice of 'forced labour' constituted an ugly and
shameful feature of our national life which cried for urgent
attention and with a view to obliterating and wiping out of
existence this revolting practice which was a relic of a
feudal exploitative society totally incompatible with new
egalitarian socio-economic order which "We the people of
India" were determined to build, they enacted Article 23 in
the Chapter on Fundamental Rights. This Article, said the
Court, is intended to eradicate the pernicious
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practice of 'forced labour' and to wipe it out altogether
from the national scene and it is therefore not limited in
its application against the State but it is also enforceable
against any other person indulging in such practice. It is
designed to protect the individual not only against the
state but also against other private citizens. The Court
observed that the expression "other similar forms of forced
labour" in Article 23 is of the widest amplitude and on its,
true interpretation it covers every possible form of forced
labour begar or otherwise and it makes no difference whether
the person forced to give his labour or service to another
is remunerated or not. Even if remuneration is paid, labour
supplied by a person would be hit by this Article if it is
forced labour, that is, labour supplied not willingly but as
a result of force or compulsion and the same would be the
position even if forced labour supplied by a person has its
origin in a contract of service. The Court then considered
whether there would be any breach of Article 23 when a
person provides labour or service to the State or to any
other person and is paid less than the minimum wage for it
and observed:
1