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Law of essential services in India

By: Material type: TextTextPublication details: New Delhi; Deep and deep; 1983Description: 211 pSubject(s): DDC classification:
  • 343.078 UPA
Summary: The whole purpose of a law is to remove socio-economic evils and to benefit the people. The legislature being the repository of the people's faith understands the need of the society at the time. It is the duty of of the legislatures to mitigate the hardships of the people by providing an effective legal remedy. The Parliament, therefore, after considering the labour conditions prevailing, the loss of man-days, scarcity of essential commodities, increasing indisci pline in the working class, rising menace of inflation, sky rising of prices, etc., has enacted the Essential Services Maintenance Act, 1981. The author makes a critical study in detail of the reasons which are responsible for the enactment of Essential Services Maintenance Act, 1981; the history of the Act; the short title, extent, duration, commencement and definition of 'essential services'; its differen ce with 'public utility service' under the Industrial Disputes Act, 1947; definition of 'Strike', its prohibition and punishment in case of breach of prohibition; the problem of 'Lockout' and 'Lay-off'; the procedure of trial and cognizance of offences under the E. S. M. Act; and the right to 'Closure', its importance and permissibility. The author also gives suggestions for the better appli cation of the Act, This valuable book will be of immense use not only to the students and teachers of law, advocates and judges but for all sections of the society.
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The whole purpose of a law is to remove socio-economic evils and to benefit the people. The legislature being the repository of the people's faith understands the need of the society at the time. It is the duty of of the legislatures to mitigate the hardships of the people by providing an effective legal remedy. The Parliament, therefore, after considering the labour conditions prevailing, the loss of man-days, scarcity of essential commodities, increasing indisci pline in the working class, rising menace of inflation, sky rising of prices, etc., has enacted the Essential Services Maintenance Act, 1981.

The author makes a critical study in detail of the reasons which are responsible for the enactment of Essential Services Maintenance Act, 1981; the history of the Act; the short title, extent, duration, commencement and definition of 'essential services'; its differen ce with 'public utility service' under the Industrial Disputes Act, 1947; definition of 'Strike', its prohibition and punishment in case of breach of prohibition; the problem of 'Lockout' and 'Lay-off'; the procedure of trial and cognizance of offences under the E. S. M. Act; and the right to 'Closure', its importance and permissibility. The author also gives suggestions for the better appli cation of the Act,

This valuable book will be of immense use not only to the students and teachers of law, advocates and judges but for all sections of the society.

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