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India has the largest number of non-schoolgoing working children in the world. Why has the government not removed them from the labor force and required that they attend school, as have the governments of all developed and many developing countries? To answer this question, this major comparative study first looks at why and when other states have intervened to protect children against parents and employers. By examining Europe of the nineteenth century, the United States, Japan, and a number of developing countries, Myron Weiner rejects the argument that children were removed from the labor force only when the incomes of the poor rose and employers needed a more skilled labor force. Turning to India, the author shows that its policies arise from fundamental beliefs, embedded in the culture, rather than from economic conditions. Identifying the specific values that elsewhere led educators, social activists, religious leaders, trade unionists, military officers, and government bureaucrats to make education compulsory and to end child labor, he explains why similar groups in India do not play the same role.
By accessibly recounting and analyzing the unique experience of institutions in colonial Indiawhich were influenced heavily by both British Common Law and indigenous Indian practices and traditionsLaw and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history."
Contents:- 1. Industrial Relation: Concept and Scope 2. Trade Unions 3. The Trade Unions Act 1926 4. Registration of trade Union 5. Funds, Right and Liabilities of Registered Trade Unions 6. Collective Bargaining 7. The Industrial Dispute Act: An Introduction 8. Authorities under the Act and Settlement of Dispute 9. References of Industrial Dispute 10. Procedure, Powers and Duties of Authorities 11. Strikes and Lock-Outs 12. Lay-off and Retrenchment 13. Special Provisions Relating to Lay-off, Retrenchment 14. Penalties and Other Miscellaneous Provisions 15. The Factories Act, 1949: An Introduction 16. Provisions of the Factories Act Relating to Health and Welfare of Welfare 17. Provisions of the Factories Act Relating to Safety 18. Working Hours of Adult, Employment of young Person and Annual Leave with Wages 19.Special Provisions, Penalties and Procedure and Supplemental
Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.