Author: PRASANNASRI26092001

HAZARDOUS PROCESSES UNDER THE FACTORIES ACT, 1948: A LEGAL AND COMPARATIVE ANALYSIS

AUTHOR – DHANALAKSHMI I, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, THE TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY, CHENNAI

BEST CITATION – DHANALAKSHMI I, HAZARDOUS PROCESSES UNDER THE FACTORIES ACT, 1948: A LEGAL AND COMPARATIVE ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 368-375, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

The industrial landscape of India has evolved rapidly since independence, contributing significantly to economic development. However, this growth has been paralleled by an increase in occupational hazards, particularly in sectors involving hazardous processes. Recognizing the critical need to protect workers from such risks, the Factories Act, 1948, was amended in 1987 to incorporate comprehensive provisions addressing hazardous processes. This research paper undertakes a detailed legal and comparative analysis of these provisions, primarily focusing on Sections 41A to 41H, which lay down statutory safeguards for workers engaged in hazardous operations. Through a comparative analysis with international frameworks, including those of the United Kingdom, United States, Japan, Australia, and the European Union, the paper identifies best practices in managing hazardous industrial processes, such as risk assessments, public transparency, emergency planning, and proactive worker protection measures. Additionally, the study includes case law analysis, exploring key judicial interpretations of hazardous processes and their influence on the development of regulatory practices. The research also highlights the duties of the occupiers.

Keywords: Hazardous processes, Comparative analysis, legal analysis, occupier.

LABOR’S MENTAL HEALTH PROTECTION

AUTHOR – MANOJ KUMAR RISHIKESAN, STUDENT AT SCHOOL OF EXCELLENCE IN LAW, TNDALU

BEST CITATION – MANOJ KUMAR RISHIKESAN, LABOR’S MENTAL HEALTH PROTECTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 363-367, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract:

An important turning point in employment reform has been reached with the recent introduction of four comprehensive labor codes in India. Although these codes’ main goal is to simplify and update antiquated laws, it is still unclear how well they address new workplace issues, especially those related to mental health. This study examines how, in the Indian context, these new labor laws and mental health compliance interact. This paper aims to clarify how labor law can change to better support workers’ psychological well-being in the contemporary economy by looking at the provisions, pointing out any gaps, and offering potential solutions.

EMPLOYERS LIABILITY TO PAY COMPENSATION-LEGAL FRAMEWORK AND CHALLENGES

AUTHOR – HARSHAVARTHINI I, STUDENT AT TAMILNADU DR. AMBEDKAR LAW UNIVERSITY (SOEL)

BEST CITATION – HARSHAVARTHINI I, EMPLOYERS LIABILITY TO PAY COMPENSATION-LEGAL FRAMEWORK AND CHALLENGES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 352-362, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The liability of employers to pay compensation for workplace injuries and occupational hazards has been a critical component of labour law and industrial relations. This paper explores the legal frameworks governing employers’ liability, focusing on statutory provisions, judicial interpretations, and international conventions. It examines key legislation such as the Employees’ Compensation Act, 1923 (India), and compares it with global practices to highlight similarities and divergences. The paper also addresses contemporary challenges, including the gig economy, unorganized labour sectors, and evolving workplace risks. It critically analyse the adequacy of existing laws in ensuring timely and fair compensation and discusses the need for reforms to address emerging labour dynamics and enforcement bottlenecks. The study concludes by proposing a more inclusive, adaptable, and enforceable compensation regime to safeguard workers’ rights in a changing employment landscape.

Keywords: Employers liability, workers compensation, occupational hazards, Employee compensation Act 1923, compensation, social security, occupational disease

CHALLENGES IN IMPLEMENTATION OF RETIRAL BENEFIT LAWS IN THE UNORGANIZED SECTOR IN INDIA

AUTHOR – PRITHIVI RAJ V S, STUDENT AT TAMIL NADU DR.AMBEDKAR LAW UNIVERSITY

BEST CITATION – PRITHIVI RAJ V S, CHALLENGES IN IMPLEMENTATION OF RETIRAL BENEFIT LAWS IN THE UNORGANIZED SECTOR IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 342-351, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The unorganized sector constitutes more than 90% of India’s total workforce, yet remains largely excluded from the ambit of formal social security and retiral benefits. Despite the existence of legislative frameworks such as the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, the Payment of Gratuity Act, 1972, and the recently enacted Code on Social Security, 2020, the implementation of retiral benefits for unorganized workers remains fragmented and ineffective. This research aims to critically examine the challenges hindering the implementation of retiral benefit laws in the unorganized sector in India. It explores key barriers including legal ambiguities, lack of awareness, weak enforcement mechanisms, and administrative inefficiencies. The study further analyzes judicial perspectives and government schemes aimed at expanding coverage to informal workers. Through a review of legal texts, policy documents, field reports, and case studies, this research identifies critical gaps and proposes targeted legal and policy reforms to ensure inclusive and effective protection of retiral rights for India’s unorganized workforce. The implementation of retiral benefit laws in the unorganized sector in India presents a myriad of challenges that hinder the effective provision of social security to a significant portion of the workforce. Despite the existence of various legislative frameworks aimed at safeguarding the rights of workers, the lack of formal documentation and identification among unorganized workers complicates their access to these benefits. Socioeconomic factors, including low wages and job insecurity, further impede workers’ ability to save for retirement, while gender disparities within the sector disproportionately affect women, limiting their access to essential benefits. This research aims to explore these multifaceted challenges, highlighting the urgent need for comprehensive policy reforms, targeted awareness initiatives, and the establishment of robust support systems to ensure that the unorganized workforce can effectively access their rightful retiral benefits, thereby enhancing their financial security in old age

FIXED TERM EMPLOYMENT AND JOB SECURITY: A DOUBLE EDGED SWORD

AUTHOR – S.NIVETHALAKSHMI, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SOEL

BEST CITATION – S.NIVETHALAKSHMI, FIXED TERM EMPLOYMENT AND JOB SECURITY: A DOUBLE EDGED SWORD, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 337-341, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

The idea of fixed-term employment has become more popular in India as a result of labour reforms meant to encourage investment and increase workforce flexibility.  The protection of employee rights and long-term job security are major concerns, even if it enables companies to control labour costs and adapt to shifting market needs.  This paper critically analyses the legislative framework pertaining to fixed-term employment, specifically as it relates to the Industrial Relations Code of 2020^[1], and considers its effects on social security, job stability, and ethical labour practices.  The study uses a doctrinal and socio-legal approach to show how, depending on how they are used and enforced, fixed-term contracts can be both an opportunity and a source of exploitation.  It also discusses the difficulties in striking a balance between worker protection and economic flexibility. Highlighting the need for more robust protections and changes to policies. According to the study’s findings, fixed-term employment frequently works against the goals of justice and labour welfare, even though it may be advantageous in theory.

Keywords: Economic rights, worker protection, flexible work arrangements, job security, labour law, the Industrial Relations Code, job security, fixed-term employment, employment policy, and socio-legal research.

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[1] The Industrial Relations Code, No. 35 of 2020, Acts of Parliament, 2020 (India).

ARTIFICIAL INTELLIGENCE AND ITS IMPACT ON JOBS IN INDIA

AUTHOR – JANANI.B, STUDENT AT TAMILNADU DR.AMBEDKAR LAW UNIVERSITY SOEL

BEST CITATION – JANANI.B, ARTIFICIAL INTELLIGENCE AND ITS IMPACT ON JOBS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 327-336, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Artificial Intelligence (AI) is transforming the global employment landscape, and India is no exception. While AI brings significant advancements in productivity, innovation, and economic growth, it also presents substantial challenges for job security and traditional employment models. This paper explores the impact of AI on the Indian workforce, particularly in sectors like IT, logistics, and gig work. It examines the implications of AI-driven automation, reviews key legal and ethical issues, and analyzes India’s readiness to manage this disruption. With a focus on judicial interpretations and existing laws, the study proposes actionable suggestions to integrate AI in a manner that supports both innovation and inclusive employment growth.

Keywords – Artificial Intelligence, Employment, Labor Law, Job Displacement, Automation, Gig Economy, Data Privacy, Indian Labor Market

CRITICAL ANALYSIS OF MATERNITY BENEFIT ACT 1961 AND THEIR AMENDMENT- 2017

AUTHOR – V. LALITHA, STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY SCHOOL OF EXCELLENCE IN LAW CHENNAI TARAMANI

BEST CITATION – V. LALITHA, CRITICAL ANALYSIS OF MATERNITY BENEFIT ACT 1961 AND THEIR AMENDMENT- 2017, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 318-326, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

IN 2017 OF MATERNITY BENEFIT ACT :  Focusing on the advancement and protection of working women’s rights is crucial given the present rise in the number of women participating in the workforce, particularly young urban women.  More than ever, there is a need to develop a gender-friendly labor market by creating a favorable work environment.  The government now plays a bigger part in creating an atmosphere that promotes social justice in both the organized and unorganized sectors.  The Maternity Benefit Act, which was first adopted by the Indian government in 1961 and subsequently revised in 2017, is a step toward this type of social justice. This essay examines the maternity benefit act’s reach and concentrates on the long-term viability of the changes as well as shifting industry dynamics. The study concludes with a suggestion for strengthening the Maternity Benefit Act to make it more inclusive.

The Maternity benefits (Amendment) Act 1961 are to women at the rate of the average daily income for the duration of their real absences. All women are entitled to these benefits, and their employers are responsible for paying them. It is critical to acknowledge that women’s participation in the employment market has significantly increased in recent years, mostly in urban regions.  Furthermore, young women in cities are mostly responsible for the rise in women’s employment.  Growing awareness of the need to provide a working environment is a result of India’s commitment to establishing a gender-friendly labour market.

KEY WORDS : Social Justice, Government, Maternity, and the Maternity Benefit Act etc.

INDUSTRIAL ACCIDENTS IN INDIA:CAUSES AND PREVENTIVE MEASURES

AUTHOR – DEEPARANGAN D, STUDENT AT TAMILNADU DR AMBEDKAR LAW UNIVERSITY (SCHOOL OF EXCELLENCE IN LAW)

BEST CITATION – DEEPARANGAN D, INDUSTRIAL ACCIDENTS IN INDIA:CAUSES AND PREVENTIVE MEASURES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 310-317, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Industrial accidents in India have posed recurring threats to worker safety, public health, and environmental integrity. Industrial accidents in India continue to be a major concern, affecting human lives, the environment, and the economy. Despite having legal frameworks and safety regulations in place, lapses in implementation, human error, outdated technology, and insufficient risk management contribute to frequent accidents across various sectors. These incidents, often preventable, reveal systemic failures in safety protocols, regulatory enforcement, and emergency preparedness. This paper explores the root causes of industrial accidents in India and proposes comprehensive preventive measures to mitigate future occurrences. The analysis draws from major incidents, existing legislation, and modern safety practices to advocate for a robust industrial safety framework.

Keywords – Industrial accidents, Legal Frameworks, Causes, Preventive Measures, Lapses in Implementation, Human Error, Outdated Technology, Safety Protocols, Regulatory Enforcement, Emergency Preparedness, Modern Safety Practices.

CHILD LABOUR IN INDIA: A SOCIO-ECONOMIC CRISIS AND THE PATH TO REFORM

AUTHOR – NAVEEN RAJ.M, STUDENT AT TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – NAVEEN RAJ.M, CHILD LABOUR IN INDIA: A SOCIO-ECONOMIC CRISIS AND THE PATH TO REFORM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 301-309, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

“No child should be working when they should be learning, dreaming, and growing.”

Child labour remains a frontline concern in India, as early entry into the labour market during the formative years deprives children of access to quality education, thus curbing their potential for a better future. Child labour is not merely a socio-economic issue—it is a violation of fundamental human rights, robbing children of their innocence, dreams, and dignity. This complex problem is deeply rooted in poverty, illiteracy, and systemic inequalities, and continues to affect millions of children across the country.

Children under the age of fourteen constitute 3.6% of the total labour force in India, with approximately 85% engaged in agricultural work, 9% in manufacturing, services, and repairs, and 0.8% in factories^[1]. An emerging and alarming trend is the use of children as domestic workers in urban areas, where they face unregulated working conditions, minimal or no pay, and are exposed to physical, emotional, and sexual abuse. These environments often resemble modern forms of slavery, hidden behind the façade of care and employment.

Despite existing legislation and awareness initiatives, enforcement remains weak. However, various non-governmental organizations (NGOs), community-based groups, and international bodies have begun grassroots interventions focused on rescuing, rehabilitating, and educating affected children. This paper explores the key factors contributing to child labour, analyzes the consequences on children and society, and proposes practical, multi-faceted solutions. These include poverty alleviation, universal access to education, community empowerment, and stringent policy implementation. With collective action and sustained commitment, the vision of a child-labour-free India can become a reality.

KEYWORDS: Child Labour, India, Poverty, Education, Human Rights, Domestic Workers, Grassroots Interventions, Social Reform

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[1]  https://www.whatisindia.com/issues/childlab/index.html

UNFAIR LABOUR PRACTICES IN INDIA: A MULTIDIMENSIONAL ANALYSIS OF LEGISLATIVE GAPS, HISTORICAL CONTINUITIES, AND TRADE UNION RESISTANCE

AUTHOR – ASHWINI G, STUDENT AT THE TAMILNADU Dr. AMBEDKAR LAW UNIVERSITY

BEST CITATION – ASHWINI G, UNFAIR LABOUR PRACTICES IN INDIA: A MULTIDIMENSIONAL ANALYSIS OF LEGISLATIVE GAPS, HISTORICAL CONTINUITIES, AND TRADE UNION RESISTANCE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 290-300, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

Industrial Disputes between employers and employees are a common occurrence in today’s Industrial world. Therefore, one of the most desired goals is to maintain positive working relationships between employers and employees.  Collective Bargaining, a method of negotiation between employers and workers, represented by trade unions, to create working conditions that are advantageous to all parties, is particularly helpful in accomplishing the aforementioned. But even though India developed a number of regulations to organize and regulate the industrial sector after gaining independence, none of them addressed unfair labour practices. Through the Trade Unions (Amendment) Act, 1947, the Indian Parliament chose to include two sets of unfair labour practices, one pertaining to employers and the other to labour unions. However, these were not enforceable. Additionally, several unfair labour practices were listed in the Code of Discipline, 1958, which was approved by the central bodies of employers and workers at the sixteenth Indian Labour Conference. When the Maharashtra government adopted the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act in 1971, it was the first to successfully enforce a particular legal statute that forbade ULPs. However, only Maharashtra was subject to the aforementioned law, which constituted state legislation. In its initial report, the National Commission on Labour (1969) suggested that a law be passed that would recruit ULPs and provide them with appropriate penalties. Examining the moral duties of employers, trade unions, and regulatory bodies in maintaining the values of justice, fairness, and dignity in the workplace, it explores the ethical aspects of such behaviors.

Key words: Unfair, Labour, Strikes, Unions, Employers, and Workers