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...significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the safeguards against sexual...all others at the workplaces to curb this social evil.10. Gender equality includes protection from sexual harassment and right to work with dignity, which is a universally...) The right to work as an inalienable right of all human beings;(f) The right to protection of health and to safety in working conditions, i...
...the contentions based on them are misconceived.20. There is no doubt that broadly interpreted and as a necessary logical corollary, right to life would include the right to liveliho...”. Thus even while giving the direction to the State to ensure the right to work, the Constitution makers thought it prudent not to do so without qualifying it.21...object of the schemes was to start tackling the problem of poverty from that end. The object was not to provide the right to work as such even to the rural poor — much less to the unemplo...
...the State has to discharge. The right to work, the right to free choice of employment, the right to just and favourable conditions of work, the right ...to rest, leisure, reasonable limitation on working hours and periodic holidays with pay, the right to form trade unions and the right to join trade unions of one's choice and the right to...may, however, be condoned by the Divisional Engineer on one of the two grounds namely, prolonged illness on production of medical certificates or non-employment due to non-availability of work. In...
...State.—The State shall, in particular, direct its policy towards securing—(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;...discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular:(a) the right to ...selection in matters of employment;(c) the right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of s...
...particular, direct its policy towards securing—(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;(f) that children a...economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in...college management is within its right to charge more fee from those who do not possess merit. He further states that the object sought to be achieved by the said classification is to collect money to...
...provide some projects to its subject requires finances. Article 41 of the Constitution gives recognition to this aspect.“41. Right to work, to education and to...assistance in certain cases.—The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in...argued this is one of the most sacred fundamental rights given to its citizen. Since right to life is protected under this article hence refusing to pay the amount spent to save one's life amounts ...
...against exploitation and against moral and material abandonment.41. Right to work, to education and to public assistance in certain cases.—The State shall..., within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness...accession reads as below:“1. States Parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to...
...unsuited to their age or strength. The State is directed by Article 41 to make effective provisions, within the limits of its economic capacity and development, for securing the right to work and Article...on the workers inasmuch as the continuance of their service would be seriously jeopardised and their right to work and earn their livelihood would be disastrously imperilled. Now it is an elementary...that people who put their labour and lives into a concern get fair wages, continuity of employment and a recognition of their right to their jobs where they have trained themselves to highly skilled and specialised ...
...Constitution to be a fundamental right. But it certainly is a constitutional goal. ‘Article 39(d) of the Constitution proclaims “equal pay for equal work for both men and women” as a Directive Principle of...certain important obligations which the State has to discharge. The right to work, the right to free choice of employment, the right to just and favourable conditions of ...to rest, leisure, reasonable limitation on working hours and periodic holidays with pay, the right to form trade unions and the right to join trade unions of one's choice and the right to...
...the requisite fees.
4. Pendency in grant of renewal of registration is coming in the way of the petitioner's fundamental right to work as contractor and, as such, the...fundamental right to work bearing status as class A contractor. This interim direction, however, subject to the objection from the other side....Nazir Hussain Rishu. On the basis of working and experience as contractorship concern in the class C and B, the petitioner came to acquire registration as class A contractor in terms of Registration no...
...right to work as also to public assistance in cases of unemployment, albeit within the limits of its economic capacities. There are certain other provisions which enjoin on the State certain duties, e.g...would be an affront to the concept of job security and would run counter to the constitutional philosophy, particularly the concept of right to work in Article 41 of the Constitution. Therefore, if we...days of laissez faire when contractual rights were placed above human rights. The concepts of dignity of labour and fair remuneration for work done were wholly alien. The workers had to work in...
...High Court, therefore, was right to dwell into the question and to give the impugned direction in the judgment. The workmen have a fundamental right to life. Meaningful right to life spri...earn their livelihood. The right to employment, therefore, is an integral facet of right to life. When they were engaged as contract labour and were continuously working in the establishments of the appellant, ...engaged in different vocations. Article 39(a) provides that the State shall direct its policies towards securing that the citizens, men and women equally, have the right to an adequate means of livelihood; clause (d) provides for eq...
...stood expired on 09.11.2013Mr. Syed Nadim, learned counsel for the petitioner, in all fairness, for which he is known at Bar, stated that petitioners have absolutely no legal right to work after..., therefore, petitioners are not entitled for any wages after 15.07.2013Be that, as it may, since the petitioners have absolutely no legal right to work after 09.11.2013, as stated by learned...Hon'ble Alok Singh, J (Oral).Learned counsel for the petitioners submits that vide Resolution No. 23 dated 04.04.2013 (Annexure No. 1 to the petition) certain Safai...
...the meaning and content of fundamental rights. If there is an obligation upon the State to secure to the citizens an adequate means of livelihood and the right to work, it would be sheer pedantry ...exclude the right to livelihood from the content of the right to life. The State may not, by affirmative action, be compellable to provide adequate means of livelihood or work to the citi...to be a fundamental right. Article 39(d) of the Constitution proclaims “equal pay for equal work for both men and women” as a Directive Principle of State Policy … Directive Principles, as has been...
...reinstatement with continuity of service can be granted where termination of service is found to be invalid. It would mean that the employer has taken away illegally the right to work of the workman contrary ...construed as to confer a right to a party when he has none under the law. The Court will entertain a petition for special leave in which a question of general public importance is involved or when the...just conclusion in this respect. By a suitable legislation, to wit, the U.P Industrial Disputes Act, 1947, the State has endeavoured to secure work to the workmen. In breach of the statutory obligation...
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2. On the larger questions of right to obtain work relief, this Court has time and again stated that no such right can be claimed from the employer on the ground that the workmen have...inapplicable to any alleged right to work relief. No such right is recognised under the provisions of the Industrial Disputes...1. By consent of parties, the writ petition is taken up for final hearing. Learned Senior Counsel for the respondent states on instructions that no work relief is granted to any of the...
...fundamental right to seek redressal of their legal injury by judicial process to enforce his rights in the proceedings under Article 226. The High Court, therefore, was right to dwell into the question and..., therefore, is an integral facet of right to life. When they were engaged as contract labour and were continuously working in the establishments of the appellant, to make their right to social and economi...direct its policies towards securing the citizens, men and women equally, the right to an adequate means of livelihood; clause (d) provides for equal pay for equal work for both men and women; clause (e...
...engaged on that basis. Since the petitioner is ineligible, she has no right to work as Extension Lecturer under the Policy, nor can she sought protection of the procedure for removal prescribed therein...the impugned order deserves to be set aside since as per the procedure of removal prescribed under the Policy dated 4.3.2020, an Extension Lecturer can be removed only on joining of a newly appointed...Assistant Professor, and is to be allowed to deliver lectures if sufficient workload is available. Since no regular Assistant Professor has been appointed, nor is there any decrease in workload, the...
...counsel for the State has submitted that the petitioner has completed more than three years tenure as warden and he has no right to work as warden in hostel while his substantive post is middle school....
5 . No employee has right to work on Ex-cadre post and can claim only a substantive right to work on his own substantive post. The petitioner is working as warden ...by the department since last more than three years and he has not vested right to remain posted as warden in hostel for indefinite period.
6 . At this stage, learned...
...is the context in which it was said by Douglas, J. in Barsky 1954 SCC OnLine US SC 42 , 98 L Ed 829 , 347 US 442 (1954) that the right to work is the...Constitution, which is a directive principle of State policy, provides that the State shall, in particular, direct its policy towards securing that the citizens, men and women equally, have the right to an adequate means of liveliho...fundamental rights. If there is an obligation upon the State to secure to the citizens an adequate means of livelihood and the right to work, it would be sheer pedantry to exclude the ...