Navigating Legal Challenges: The Supreme Courts’s Role in Shaping Industrial Disputes Laws in India

  • Jeevanshi Tyagi
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  • Jeevanshi Tyagi

    Student at Unitedworld School of Law, Karnavati University, Gandhinagar, India

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Abstract

This research paper explores the constitutional validity of industrial disputes in India, analyzing the role of Supreme Court in shaping the legal framework. Industrial disputes can be recognized as global issue consisting of closure, lockouts, protests, retrenchment and other forms. The Industrial Dispute Act, 1947 plays a significant role in managing the disputes between employer and employees serving as a dispute resolution mechanism, promoting peace and unity among the employer and employees. Categorizing disputes into rights and interest disputes, the research delves into specific sections under the industrial dispute act that have remain in controversy for their validity in accordance with constitution since ages. For this study, secondary sources such as judicial decisions, journals, research articles, statutes, government sites have been used. The study reveals the important role of Supreme Court in upholding the constitutional validity, particularly in the case of Workmen v. Meenakshi Mills Ltd. and Banglore Transport Company v. M/S Orissa Textile, ensuring a balance between the employers and workers. However, research also reveals the challenges such as lack of uniformity in the interpretation and the need for legislative changes with evolving societal needs.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 1860 - 1868

DOI: https://doij.org/10.10000/IJLMH.116841

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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