SUPREME COURT OF INDIA - IMPORTANT JUDGEMENTS ON ARTICLE 21 OF CONSTITUTION OF INDIA
SUPREME COURT OF INDIA - IMPORTANT JUDGEMENTS ON ARTICLE 21 OF CONSTITUTION OF INDIA Sl. No. TITLE & CITATION COURT’S ORDER IN BRIEF 1. Gujarat Mazdoor Sabha & Anr Vs. State of Gujarat, (2020) 10 SC CK 0002 Right to Work The Court went on, however, to put its argument on a firmer – constitutional – footing. It located the Factories Act – and its guarantee of workers' rights – in a long history of labour struggles (para 29), and grounded it within legislative recognition of the "inequality of bargaining power between workers and their employers" (para 30). Drawing upon the Directive Principles as interpretive guides, the Court noted that working hour guarantees and overtime payment had a constitutional foundation, as they came within the ambit of Articles 21 (right to life) and 23 (right against forced labour). Any restriction of those rights, therefore, would have to abide by the ...