Case analysis: Municipal Corporation Of Delhi vs Female Workers (Muster Roll)

CIA-III Labor Law-II
By Ryan Albert Mendonca
1016223
7th Sem BBA-LLB ‘C’

Table of Contents Abstract: 3 Facts: 4 Issues: 4 Laws: 5 Arguments: 5 Reasoning: 9 Conclusion: 9 Bibliography: 10

Abstract:

The legislations, which take care of rights and privileges of women, are numerous in number. But due to ignorance and illiteracy those legislations cannot be properly enforced. The plethora of Indian Legislations aims at women empowerment. Thousands of women all over India earn daily wages as 'muster-roll' employees. Though they work without a break in service they are not made permanent, and are not entitled to maternity leave and other benefits. The …show more content…

It was held that labor to whichever sector it may belong in a particular region and in a particular industry will be treated on equal basis. Article 15 provides that the 'State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Clause (3) of this Article provides as under: - "(3) Nothing in this article shall prevent the State from making any special provision for women and children."
It was held that Article 15(3) applies both to existing and future laws. From Part III, we may shift to Part IV of the Constitution containing Directive Principles of State Policy. Article 38 provides that the State shall strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which justice, social, economic and political shall inform all the institutions of the national life. Article 39 provides, inter alia, as under certain principles of policy to be followed by the State - Articles 42 and 43 provides as under provision for just and humane conditions of work and maternity relief - The State shall make provision for securing just and humane conditions of work and for maternity relief living wage, etc., for workers - The State shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work