“BREAD AND ROSES”: PROTECTION OR PHANTOM OF JUDICIARY

INDIAN JOURNAL OF LEGAL REVIEW

“BREAD AND ROSES”: PROTECTION OR PHANTOM OF JUDICIARY

“BREAD AND ROSES”: PROTECTION OR PHANTOM OF JUDICIARY

AUTHOR – MADHURIMA DE & RUPREKHA CHATTERJEE

ASSISTANT PROFESSORS AT SHYAMBAZAR LAW COLLEGE

BEST CITATION – MADHURIMA DE & RUPREKHA CHATTERJEE, “BREAD AND ROSES”: PROTECTION OR PHANTOM OF JUDICIARY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 154-163, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I816

Abstract

“The power of the working class is the hope of the nation” —Van Jones.

Work enriches mind, will and emotions & leads to the ripeness of society. Without the right to work our vaunted political liberty becomes mockery. It is rightfully said by Danis Waitley that work is not just about making a living, it is about making a life. One who makes the life of a nation by their responsive work are need to be protected by the nation itself not for them but for the amelioration of mankind. It is the bit part of judiciary to palisade the workers. Indian Judiciary has made essay to shield them by implementing a set of laws to ensure fair wages, equitable condition of work, sickness benefits, disease or accidental compensations etc. The passing of laws like Employees Compensation Act 1923, Payment of Wages Act 1936, Factories Act 1948, Industrial Dispute Act 1947 have imparted redolent revamping because the informalization of work is the thrust of ongoing process of globalization. Guaranteeing an entitlement to work represents societal concern towards workers. The Judiciary has the authority to execute the requirements of the act and make sure the industry honour their commitments in securing worker’s rights as there is a category of persons in whom the right inheres and the other is of persons against whom rights be enforced and thus the relationship that enchains those entitled to the right to those obliged to enforce it is rarely absolute. This study highlights the rights that are strongly protected by the judiciary then attempts has been made to develop people’s understanding in what is right to work & how to exercise it. This study tries to unravel the paucities that are there in Indian system & how far the judiciary is booming to protect working sector in India. This study aims to establish a nexus between judiciary’s the success & failure.

Keywords: Worker’s rights, Industrial dispute, Wage, Globalization, Employees Compensation.

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