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1 - 10 of 11 (0.31 seconds)Article 14 in Constitution of India [Constitution]
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
Article 16 in Constitution of India [Constitution]
The Equal Remuneration Act, 1976
The Minimum Wages Act, 1948
Sheo Narain Nagar vs The State Of Uttar Pradesh on 13 November, 2017
Furthermore, the Hon'ble Supreme Court in
Sheo Narain Nagar (supra) highlights the misuse of
the Umadevi (supra) to further perpetuate
exploitative employment practices, rather than
adhering to its true spirit, which emphasises on
regular employment. This Tribunal, therefore, is not
only empowered but also obligated to rectify such
injustices by regularising the services of workmen
who have been subject to unfair labour practices and
prolonged casual employment for performing the
permanent and perennial nature of work typically
performed by regular employees.
D.S. Nakara & Others vs Union Of India on 17 December, 1982
They are being
continued in service without payment of due
salary for which they are entitled on the basis
of Article 14, 16 read with Article 34 (1) (d) of
the Constitution of India as if they have no
constitutional protection as envisaged in D.S.
Nakara v. Union of India, AIR 1983 SC 130
from cradle to grave. In heydays of life they are
serving on exploitative terms with no guarantee
of livelihood to be continued and in old age
they are going to be destituted, there being no
provision for pension, retiral benefits etc. There
is clear contravention of constitutional
provisions and aspiration of down trodden
class. They do have equal rights and to make
them equals they require protection and cannot
be dealt with arbitrarily. The kind of treatment
meted out is not only bad but equally
unconstitutional and is denial of rights.