This document summarizes the Bonded Labour System (Abolition) Act of 1976 in India and the key 1983 Supreme Court case Bandhua Mukti Morcha v. Union of India.
The Act aims to abolish bonded labor by cancelling all debts of bonded laborers, prohibiting new bondage agreements, and requiring the economic rehabilitation of freed bonded laborers. It criminalizes attempts to compel bonded labor.
The 1983 case found that migrant workers in mines and quarries were being exploited as bonded laborers without proper wages, housing, or safety conditions. The Supreme Court upheld the workers' right to approach the court under Article 32 to seek relief for violations of their fundamental rights and freedoms.
Section 3 to 6 of the Trade Union Act 1926 gives details about Registration of Trade Union and section 7 to 10 of the Act gives details about Registration , Certificate and Cancellation of Registration.
The Child Labour (Prohibition And Regulation ) Act, 1986mahesh lone
This Act is a weak piece of legislation as it does not contains any provision of rehabilitation of the child labour. However the punishment prescribed is deterrent. Also in almost all industries child labour is prohibited.
Section 3 to 6 of the Trade Union Act 1926 gives details about Registration of Trade Union and section 7 to 10 of the Act gives details about Registration , Certificate and Cancellation of Registration.
The Child Labour (Prohibition And Regulation ) Act, 1986mahesh lone
This Act is a weak piece of legislation as it does not contains any provision of rehabilitation of the child labour. However the punishment prescribed is deterrent. Also in almost all industries child labour is prohibited.
BONUS ACT BASICS
A bonus is an extra amount of money that is added to someone's pay, usually because they have worked very hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
The labor sector of our country faced increased exploitation at the hands of the contractors and thus were unable to safeguard their interests on their own.
Many a times, they were forced to work for long hours at ridiculously low rates, and had no power to raise their voice against such instances.
Hence, in order to ensure the payment of at least such amount of wages that makes them able to fulfill their necessities of life, Minimum Wages Act was enacted in 1948, provisions of which are represented in this particular presentation.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
BONUS ACT BASICS
A bonus is an extra amount of money that is added to someone's pay, usually because they have worked very hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
The labor sector of our country faced increased exploitation at the hands of the contractors and thus were unable to safeguard their interests on their own.
Many a times, they were forced to work for long hours at ridiculously low rates, and had no power to raise their voice against such instances.
Hence, in order to ensure the payment of at least such amount of wages that makes them able to fulfill their necessities of life, Minimum Wages Act was enacted in 1948, provisions of which are represented in this particular presentation.
Strike and Lockout - Legal and illegal strikes and lockouts,
Justified and unjustified strikes and lockouts, Strike and lockout in public utility services and other industries, Distinction between
lockout and closure, strike and lockout.
The presentation discusses the major laws available in India that protects women in the workplace. The laws discussed are: 1. Maternity Benefit Act, 2017
2. Factories Act, 1948
3. Sexual Harassment of Women at Workplace Act, 2013
It also enumerates the Vishaka Guidelines provided by the Supreme Court of India and the procedure for complaint of a sexual harassment case.
LEGAL PROTECTION FOR WOMEN IN THE WORK PLACEMrinaliniR3
Important Indian laws that provide legal protection for women in their workplace.
Maternity Benefit Act(2017) ,Sexual Harassment of Women in Workplace ,Equal Remuneration Act ,Laws protecting women working night shifts.
Women in India have been given the most elevated and respectful role in society
since ancient times. During the post-Vedic era, they were confined within the four walls of
the home, and their function remained limited to conventional household cooking,
housekeeping and child rearing. Outside of the home, they were not expected to pursue any
gainful jobs. This has hampered industrial growth and decreased their social problems.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
2. WHAT IS BONDED LABOUR?
➤ Bonded labour (or debt bondage) occurs when a
person’s labour is demanded in return for a loan.
➤ The person is then tricked into working for little or
no pay.
➤ The value of their work is usually greater than the
original loan.
➤ In many cases the loan is passed down from
parent to child.
➤ Female bonded labourers will often be subject to
sexual abuse by their ‘employer’.
3. WHAT IS BONDED LABOUR?
➤ Around 20 million people are estimated to be in
bonded labour worldwide.
➤ Bonded labour is most likely to exist in situations
of poverty where an unexpected expense such
as medical costs or a marriage dowry forces an
individual to borrow.
➤ Bonded labour in India is not just an economic
issue, but a social issue linked with caste.
4. BONDED LABOUR SYSTEM
(ABOLITION) ACT, 1976
➤ The Bonded Labour System (Abolition) Act purports
to abolish all debt agreements and obligations
arising out of India's longstanding bonded labour
system.
➤ It frees all bonded labourers, cancels any
outstanding debts against them, prohibits the
creation of new bondage agreements, and orders
the economic rehabilitation of freed bonded
laborers by the state.
➤ It also criminalizes all post-act attempts to
compel a person to engage in bonded labour.
5. SALIENT FEATURES OF THE ACT
1. Totally abolishes bonded labour
2. To identify and rehabilitate bonded labourers
3. Committees to be formed at the district level
4. Punishment of up to 3yrs imprisonment and/or
fine
5. Any attachment of property of bonded
labourers stands cancelled form the date of
enforcement of the act
6. Employers not to evict the bonded labourer
from the accommodation provided
8. FACTS
➤ The Petitioner was an ‘an organisation dedicated to
the cause of release of bonded labourers’.
➤ It conducted a survey in stone quarries and mines
in Faridabad district.
➤ It found that several workmen in these mines were
migrant workers from other States in India were
‘bonded labourers.’
➤ The mine owners did not provide them with shelter,
clean drinking water, latrines or medical facilities,
among other things. The workers were also subject
to respiratory infections due to the pollution
generated by stone crushers.
9. FACTS
➤ There also existed an illegal system of thekedars
who extracted a large portion of wages from
workmen as commission.
➤ The Petitioner, on behalf of these workmen,
addressed a letter to the Court invoking the
jurisdiction of Article 32 of the Constitution and
sought reliefs for:
a. reduction in air pollution
b. clean and potable drinking water
c. conservancy facilities
d. medical facilities
e. compensation.
10. FACTS
➤ The Supreme Court treated it as public interest
litigation and appointed a commission for inquiry
into the Petitioner’s allegations.
11. DECISION & REASONING
➤ In 1976, the Parliament enacted the Bonded Labour
System (Abolition) Act, 1976 and by virtue of the
provisions of the said Act, the bonded labour system
has been declared to be illegal in this country.
➤ Any person who is wrongfully and illegally employed as
a labourer in violation of the provisions of the Act. He is
deprived of his liberty.
➤ There cannot be any manner of doubt that any person
who is wrongfully and illegally detained and is deprived
of his liberty can approach this Court under Article 32 of
the Constitution for his freedom from wrongful and
illegal detention, and for being set at liberty.
12. DECISION & REASONING
➤ The second ground which raises the question whether
the letter addressed by a party to this Court can be
treated as a writ petition and in the absence of any
verified petition.
➤ Article 32 or for that matter any other article does not
lay down any procedure which has to be followed to
move to Court for relief against the violation of
fundamental rights.
➤ The facts and circumstances differ from case to case.
Whenever, however, there is an allegation of violation
of fundamental rights, it becomes the responsibility
and also the sacred duty of this Court to protect such
fundamental rights guaranteed under the Constitution.