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The Evolution of Labour Law in India: An Overview and Commentary on Regulatory Objectives and Development

Published online by Cambridge University Press:  22 May 2014

Richard MITCHELL ,
Petra MAHY  and
Peter GAHAN
Richard MITCHELL
Affiliation:
Department of Business Law and Taxation, Monash University
Petra MAHY
Affiliation:
Centre for Socio-Legal Studies, University of Oxford
Peter GAHAN
Affiliation:
Department of Management and Marketing, University of Melbourne
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Abstract

Generally speaking there has been a relative dearth of serious scholarship focusing on the evolution of Indian labour law in its economic, social, and political contexts. Such work as there is tends to be constituted of fragmented and short journal articles and notes, including those by labour economists and industrial relations scholars. The present work undertakes a survey of the literature in the field, examining first the various periods through which Indian labour law has evolved up to the present time, and second the extent to which the labour law system can be seen to have fulfilled its two core objectives: the protection of labour and the maintenance of industrial peace. The survey reveals that Indian “labour law” in the formal sense has very little purchase in terms of its application in pursuit of its objects. This, in turn, suggests that some other approach is required to reach a more grounded and accurate understanding of how, and to what effect, labour is regulated in India.

Keywords

labour lawIndiahistoryeconomyindustrial relations
Type
Research Article
Information
Asian Journal of Law and Society , Volume 1 , Issue 2 , November 2014 , pp. 413 - 453
Copyright
© Cambridge University Press and KoGuan Law School, Shanghai Jiao Tong University 

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Footnotes

*

The authors wish to acknowledge the contribution by way of very detailed comments on an earlier version of this paper provided by Professor Debi Saini of the Management Development Institute, Gurgaon, India. They also thank Colin Fenwick, Gail Pearson, Roopa Madhav, and Kamala Sankaran for their comments and other research support. All remaining errors in the paper are the responsibility of the authors.

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