Labour Law d443p

LABOUR LAW PROJECT

Submitted by: Mandobi Chowdhury B.A LL.B 983032 8TH SEMESTER

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CONCEPTUALISATION Industrialization is the modern trend in developing countries. But industrialization is a result of a complex socio-economic organization. This paper aims to provide a brief overview of the concept of retirement planning; to enumerate the major steps involved in retirement planning; to examine the retirement benefit legislative framework in India and to provide a brief analysis of various retirement benefit schemes and statutes. The history of labour legislation in India is naturally interwoven with the history of British colonialism. Considerations of British political economy were naturally paramount in shaping some of these early laws. In the beginning it was difficult to get enough regular Indian workers to run British establishments and hence laws for indenturing workers became necessary. This was obviously labour legislation in order to protect the interests of British employers.

RESEARCH QUESTION 

What are the retirement benefits given to workmen in India?

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Does the employer follow the legislative framework while providing with such benefit?

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What are the lope holes in the still existing legal framework relating to the retirement benefits?

RESEARCH METHODOLOGY Research is an academic activity and as such the term should be used in a technical sense. In this project I have used both descriptive and analytical form of research. Descriptive includes surveys and fact-finding enquiries of different kinds. Research is taken to explore an idea, probe an issue, solve a problem and make an argument that compels us to turn to outside help. The major purpose of descriptive research is description of state affairs as it exists in present and then makes a critical evaluation of the material. I think mere enactment of law is not enough. All concerned must be fully aware of their own duties. Herein I would do a basic research on the questions and also look into other theories on Retirement benefits given and what is the still existing flaw? I would make a critical analysis of all the benefits provided and try to explain with case laws. 2|Page

CONTENTS: 1.

Introduction.

2.

Steps for retirement plan in India.

3.

India and retirement planning.

4.

Employees Provident Fund Scheme, 1952

4.1.

Applicability.

5.

Pension Act 1871

5.1.

Objective and scope behind the Act.

6.

Gratuity

7.

Voluntary Retirement

8.

Conclusion. BIBLIOGRAPHY. 1. Labour Problems & Remedies, H.L. Kumar, Universal Law publishing co. New Delhi. 2. Practical Guide to Labour Management, H.L. Kumae, Universal Law publishing co., New Delhi. 3. Labour and Industrial Laws, Dr. V.G. Goswami, Central Law Agency, Allahabad. 4. Premature Retirement & Resignation, J.K. Verma, Eastern Book Company, Lucknow. 5. Employment Law in India CCH a Wolters Kluwer business, New Delhi

ACTS AND CONVENTIONS. 1. The Pension Act, 1971, 2. The Employees’ Provident Funds and Miscellaneous Provision Act, 1952, 3. Payment of Gratuity Act 1972 4. Voluntary retirement scheme 5. Leave encashment scheme. 6. Trade Union Act 1926

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