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INDIAN JOURNAL OF LAW AND JUSTICE
Journal of the Department of Law, University of North Bengal

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Volume 05 No. 01 : March, 2014

EDITORIAL

The conceptual understanding of employment laws in the globalised era deals with certain issues oflabour laws in the context of Human Rights Jurisprudence. Considering this fact our Department had organized a National Seminar on "Employment Laws in the Globalised Era: Changes and Trends in India" on 23-24 November, 2013. This special issue of our journal is the upshot of that seminar.

The main aim of the employment related laws is to provide social and economic security to the workers following the principle of social justice as enshrined in the preamble and Directive Principles oflndian Constitution. Basically labour law is the art of establishing economic order in the society sustained by social justice. A nation achieves economic growth and industrial success through the sweat and hard labour of the working class, hence, the fruit of the industrialization and economic growth must reach to the workers whether they are working in organised sector or unorganised sector. It is also a material fact that since the initialisation of the Globalisation policies, the nation has witnessed a paradigm shift from the welfare state to consumer state which is entirely based on the market economy and theory of maximum profit which decimate the basic ethics of labour welfare. The shifting also indicates the attitude of the state from key matters of labour welfare and employment protection of the working class. The shifting has paved the way for the employer to adopt repressive employment policies which is based on the principle "hire and fire" and "zero social security".

Further, the employer has been given free hand to decide their own labour policies and in consequence, new employment tenns have come into the light i.e. flexible labour, term employment, contract labour, ad-hoc employment and casual labour etc. The employment of this sort oflabour certainly leads to the exploitation and denial of social justice as mandated in our Constitution. No doubt that the globalization policies have added to the plight to workers condition in the name of "structural reforms" and "competitive market economy". The sad part of entire labour movement in India is that even no political party is serious about doing something for the labour welfare and nothing has been mentioned in their political manifestos which dealt with issue oflabour welfare and socioeconomic security to the employees.

We are feeling proud to declare that our esteemed paper presenters· (came from various parts of India as well as from abroad) had covered an extensive study on labour laws and -its related issues. Some of the important areas were, protection rights of the construction workers; objective, mission and functions of the ILO; employment discrimination against women (with special reference to sexual harassment); industrial dispute settlement mechanism; judiciary's role in bringing ott. changes in labour jurisprudence: role ofWTO; human rights of the migrant workers; job reservation in Indian corporate sector; post economic reforms' impact on trade unions etc. We are also very much pleased to inform that this issue is not only enriched by the doctrinal research papers but it comprises empirical research papers also. During the time of selection of the articles, the Editorial Board also kept in their mind that professors, research scholars, students all segments of population within the academic sector must give a chance. lf this issue will help academicians by any means, only then the effort o the authors and Editors may be considered as successful.

Prof. Rathin Bandyopadhyay
Chief Editor

Volume 05 No. 01 : March, 2014

ARTICLES

Singh, Kamal Jeet; Singh, Vikram
The Protection of Rights of Building and Construction Workers under the Himachal Pradesh Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Rules, 2008 & 2013: A Critical Study
       view article
Rout, Chintamani
International Labour Organization: Its Mission and Objectives with Global Reference
       view article
Alim, M. Abdul
Employment Discrimination against Women with Special Reference to Sexual Harassment
       view article
Uddin, Md Sahal
Industrial Dispute Settlement Mechanism and Its Effectiveness: Bangladesh Perspective
       view article
Biswas, Sujit Kr.
Role of Judiciary in Bringing Out Changes in Labour Jurisprudence
       view article
Kundu, Achina
Role of Collective Bargaining as a Grievance Redressal Mechanism
       view article
Adhav, Sunita
Protection of Unorganized Workers in India: A Critical Analysis
       view article
B., Sandeepa Bhat
Labour Standards in the Era of International Trade: A Task 'Unfinished or Unwanted' for the WTO?
       view article
Nagarwal, Narender
Analysing the Legal Framework of Human Rights of Migrant Workers
       view article
Sinha, Swati; Das, Rajarshi
National Pension Scheme, 2004: A Negative or Positive Component For Unorganized Sector in India with Special Reference to Pension Schemes
       view article
Chowdhury, Payel Rai
The ILO's Declaration on Social Justice for a Fair Globalisation: Reviewing International Labour Regulation after the Financial Crisis
       view article
Yadav, Vikrant
Use of Alternative Dispute Resolution (ADR) in Labour Disputes in India: An Analysis
       view article
(Maitra), Sangeeta Roy
Street Vending in India - A Review of Existing Laws, Rights and Regulations
       view article
Dubey, R. D.
Rights of Women Workers in Unorganised Sector: Legal Issues and Challenges
       view article
Sharma, Om Prakash
Job Reservation in Indian Corporate Sector: Prospects and Challenges in Globalised Era
       view article
Chengappa, M P.
Constitutional Response to Unfair Labour Practices-An Analysis
       view article
Biswas, Diganta
MGNREGA and Employment Jurisprudence in India: A Study
       view article
Chatterjee, Sangeeta
Impact of Globalisation on Unorganised Sector: An Analysis with Special Reference to Child Labour in Contemporary India
       view article
Roy, Somnath; Priyamvada, Deepali
Female Domestic Workers in South Kolkata Region- An Analytical Overview
       view article
Debnath, Dipankar
Way Forward for Empowering of Unorganized Workers in India: A Review of the Unorganised Workers Social Security Act, 2008
       view article
Pal, Debarati
Impact ofiLO on the Worst Forms of Child Labour: A Comparative Analysis between India and China
       view article
Dutta, Amit Kr.
Post Economic Reforms and Its Impact on Trade Unions in India with Special Reference to Its Role and Future
       view article
Chatterjee, Ananya
Globalisation and its Impact on Labour in the Indian Economy
       view article
Ghosh, Satarupa
Right to Strike: A Conceptual and Contextual Anathema
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Ghatak, Avik
Jurisdiction of the international Criminal Tribunals and International Criminal Court over International Crimes: Shift from Primacy to Complementarity
       view article
Kundu, Amitaya; Kundu, Ayushi
An Evaluation of the Global Role of Trade Unions in the 21 51 Century
       view article
  • Volume 13 No. 02 : September, 2022
  • Volume 13 No. 01 : March, 2022
  • Volume 12 No. 02 : September, 2021
  • Volume 12 No. 01 : March, 2021
  • Volume 11 No. 02 : September, 2020
  • Volume 11 No. 01 (Part-03) : March, 2020
  • Volume 11 No. 01 (Part-02) : March, 2020
  • Volume 11 No. 01 (Part-01) : March, 2020
  • Volume 10 No. 02 : September, 2019
  • Volume 10 No. 01 : March, 2019
  • Volume 09 No. 02 : September, 2018
  • Volume 09 No. 01 : March, 2018
  • Volume 08 No. 02 : September, 2017
  • Volume 08 No. 01 : March, 2017
  • Volume 07 No. 02 : September, 2016
  • Volume 07 No. 01 : March, 2016
  • Volume 06 No. 02 : September, 2015
  • Volume 06 No. 01 : March, 2015
  • Volume 05 No. 02 : September, 2014
  • Volume 05 No. 01 : March, 2014
  • Volume 04 No. 02 : September, 2013
  • Volume 04 No. 01 : March, 2013
  • Volume 03 No. 02 : September, 2012
  • Volume 03 No. 01 : March, 2012
  • Volume 02 No. 02 : September, 2011
  • Volume 02 No. 01 : March, 2011
  • Volume 01 No. 02 : September, 2010
  • Volume 01 No. 01 : March, 2010

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Last Updated on : February 13, 2022