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| Abstract: | This thesis Entitled compensation to workmen for industrial injuries.Evaluation of the different forms of liability for compensating industrial injuries makes it evident that the liability under the social insurance scheme is the most befitting one, as it eliminates the problem of evasion of liability by the employer by providing for sharing of liability. Liability for compensation under the workmen's Compensation Act, 1923 and the Employees' State Insurance Act, 1948 arises only in the case of accidents, arising in the course of and out of employment. Majority of the workers, covered by the workmen's Compensation Act, have supported lumpsum payment of compensation under the Act. It appears that workers are ignorant of the cemerits of lumpsum payment. So, the workers should be properly educated by the Inspectorate, proposed above, about the comparative advantages of periodical payments. It is suggested that the workmens Compensation Act, 1923 may be amended, imposing fee upon the parties for each adjournment. It is also suggested that provision may be made in the workmens Compensation Act, 1923 for the expeditious despatch of amendments of the Workmen's Compensation Act, 1923, the Workmens· Compensation Rules, 1924 and the Schedules, made from time to time, to the comrnissioners for workmens Compensation, This will help them mete out justice to an injured workman, as required by the changes in the law. The Employees' State Insurance Act, 1948 and the Rules may be amended, requiring the employers to provide the employees with necessary information, in the vernacular language, about the employment injury benefits available under the Employees' State Insurance Act, 1948 and the formalities for obtaining the same. This will help the illiterate employees, especially the casual ones, avail of employment injury benefits. Changes in the law, on the lines suggested above, are imperative to make the system of compensation for industrial injuries prove effective and beneficial to injured workmen. |
| Description: | Department of Law, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3156 |
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| Dyuthi-T1130.pdf | (14.16Mb) |
| Abstract: | This thesis is a study in sales tax law, a study on the triple concept of export, import and inters—State sales. It is in seventeen chapters spread in five parts. The introductory is an overview. It presents the thematic thrust of what follows. Part two deals with incidence of sales tax on export and import and the scope of exemption. Part three focuses attention on the various dimensions of the problem of inter—State sale. Part four is an inquiry into parliamentary control on taxes over sales and purchases and highlights inter—State and intra-State implications of discriminatory tax. Part five contains the results of empirical study and the general conclusions of the thesis. In the past no attempt has been made to analyse on identical lines the problems dealt with in this thesis |
| Description: | Department of Law, Cochin University of Science and Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3219 |
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| Dyuthi-T1193.pdf | (5.843Mb) |
| Abstract: | The focus of study in this thesis is on the necessity and extent of judicial creativity in interpreting provisions in certain crucial areas in the Constitution of India. Judicial innovation was essential to adapt the constitutional provisions to modern changed context. Creativity of the Court has been mainly in the creation and introduction of certain new concepts not found in any specific provision of the Constitution which, but were essential for its meaningful interpretation.Independence of the judiciary, basic structure and certain elements of social justice cherished as ideal by the makers of the Constitution are some such concepts infused into the Constitution by the judiciary. The second aspect of creativity lies in the attempt of the Court to construe provisions in the Constitution with a view to upholding and maintaining the concepts so infused into the Constitution. Introduction of those concepts into the Constitution was necessary and is justified. all important features of the Constitution like democratic form of government, federal structure, judicial review, independence of judiciary and rule of law were thus included in the doctrine to prevent their alteration by amendments.As a result of such a construction, the nature of those directive principles itself has changed. They ceased to be mere directives for state action but became mandate for it. If left to legislative or executive will for their implementation, the directives would have remained enforceable as ordinary right.To conclude, notwithstanding the errors committed by the Supreme Court in construing the provisions in the above areas, they stand testimony to its creative and innovative response in interpreting the Constitution. If this trend is continued, it will be possible to achieve through the judicial process, maintenance of independence of the judiciary, avoidance of destruction of the Constitution through the process of amendment and realisation of social justice envisaged in the directive principles. It can be hoped that the Court would maintain its energetic and vibrant mind and rise up to the occasions and extend the same to other areas in future. |
| Description: | School of Legal Studies, Cochin University of Science and Technology. |
| URI: | http://dyuthi.cusat.ac.in/purl/3062 |
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| Dyuthi-T1036.pdf | (7.187Mb) |
| Abstract: | India is on the threshold of industrial and economic development. The growth would be retarded if harmonious employer-employee relations are not maintained. 'Wages' plays a fundamental role in establishing this relationship. However, much controversy in the industrial sphere revolves round the question of wages. Though formerly the laissez faire doctrine prevailed, with the emergence of the welfare state ideology, notions of national economy and social justice gained prominence. The problem of wages has became one with social, political, economic, psychological and legal dimensions. Formulation of a proper wage policy is thus a riddle. Realities of the present have to be fused with perspectives about the future. With due recognition of all significant factors, a proper balance has to be struck, which should be the hard core of any wage policy. This study emphasises the need for a wage policy which may meet the requirements of rapid economic growth and stable industrial relations. The study also indicates the proper bases for the promotien of such a policy. |
| Description: | School of Legal Studies, Cochin University of Science And Technology |
| URI: | http://dyuthi.cusat.ac.in/purl/3577 |
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| Dyuthi-T1588.pdf | (191.4Mb) |
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