Thursday, 8 October 2015

Earning rights are part of living rights

Under sec 25 F of Industrial dispute act 1947, some important decisions have been taken. 

Management has been asked to take the workers back on work with full settlement of unemployment salary. Judge V Gopalagora gave the decision in a case of up state and charansingh that constitutional rights 19 and 21 have not been complied as they clearly state the freedom right of earning and living. The family members are suffering as the earning capacity has been taken away from the worker. In another case of Olga Talis and Mumbai Municipal Corporation the judge quoted that is the right to earn a part of right to live and the answer is yes. 

Sec 21 of constitution is very wide in its thought process. The right to live is not only limited to death penalty it is associated with right to earn also as no one can live without ability and capacity to earn livelihood. Therefore, if a person is devoid of its capacity to earn livelihood then it is a direct impact on its right to live. This is inhuman and is major cause of village population to migrate to cities. 

In another similar case the fact were as follows. Charan Singh was appointed as tube well operator in fisheries department on 6 march 1974. He was fired on 22 august 1975 by quoting the reason that since he was kept temporarily now there is no use of him further. Charan Singh took the matter forward to court. 

The court asked the management to appoint the person back on 24 Feb. 1997 but he was not given any backlog of salary of past. He was given the fisherman’s post quoting that its equivalent to tube well operator but he had not come to work for that job. The management applied to high court at Allahabad that no salary will be given from 24 Feb. 1997 to 31 Jan 2005. However, the court quoted and gave verdict against the management saying that they wasted so many years of the worker and he should be given his rightly due in four weeks. Supreme Court also voted for with this verdict of Allahabad high court and agreed to the righteous salary from 24 Feb. 1997 to 31 Jan 2005.

Earning rights are part of living rights
Earning rights are part of living rights


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