Labour Law Assignment Essay Example

Labour Law Assignment Essay INTRODUCTION:- 1) Definition of Industry As per Section 2(j) of Industrial Disputes Act, 1947 â€Å"Industry† means any systematic activity carried on by co-operation between an employer and his workmen (whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,- Definition of industry before amendments in 1982:- Industry means any business, trade, undertaking, manufacture or calling of employees and includes any callings, service, employment, handicraft or Industrial occupation or avocation of workmen. ) any capital has been invested for the purpose of carrying on such activity; or ii) such activity is carried on with a motive to make any gain or profit, and includes- a) any activity of the Dock Labor Board established und er section 5-A of the Dock Workers any activity relating to the promotion of sales or business or both carried on by an establishment, but does not include- b) Any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one. Explanation:- For the purposes of this sub-clause ,† agricultural operation† does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantation Labour Act,1951 1) hospitals or dispensaries 2) educational, scientific, research to training institutions 3) institutions owned or managed by organizations wholly or substantially engaged in any charitable ,social or philanthropic service, any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Governments dealing with defense research , atomic energy and space 4) any domestic service ) any activity ,being a profession practiced by an individual or body of individuals ,if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten 6) Any activity , being an activity carried on by a co-operative society or a club or any oth er like body of individuals , if the number of persons employed by the co-operative society ,club or other like body of individuals in relation to such activity is less than ten 2) Definition of Industrial Dispute As per Section 2(k) of ID Act, 1947 â€Å"industrial dispute† means any dispute or difference between employers and employers ,or between employers and workmen, or between workmen and workmen , which is connected with the employment or non-employment or the terms of employment or with the conditions of labour , of any person Industrial dispute means any dispute or difference between – Three ingredients are:-  ¦ Any person who is a workman employed in an industry can raise an industrial dispute. A workman includes any person (including an apprentice) employed in an industry to do manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward.  ¦   It excludes those employed in managerial or administrative capacity. In dustry means any business, trade, undertaking, manufacture and includes any service, employment, handicraft, or industrial occupation or avocation of workmen EXAMPLES:- 1) While Tata Motors has decided to move its Nano factory out of Singur after violent protests by farmers, this isnt the first time that there has been a standoff between industry and farmers unwilling to surrender land. )   In August, the Supreme Court gave South Korean steel firm POSCO the use of large swathes of forestland in Orissa for a $12-billion plant that protesting farmers said would displace thousands of people. The protests delayed the start of construction on the plant, which could be Indias single biggest foreign investment to date. 3) In the same month, the Supreme Court allowed Vedanta Resources to mine bauxite in hills considered sacred by tribal people in Orissa. The mining would feed an alumina refinery, part of an $800-million project that has been widely opposed. Environmentalists say the open- cast mine will wreck the rich biodiversity of the remote hills and disrupt key water sources vital for farming. 3) Definition of Workman As per Section 2(s) of ID Act, 1947 workman† means any person (including an apprentice) employed in any industry to do any manual ,unskilled ,skilled ,technical ,operational ,clerical or supervisory work for hire or reward ,whether the terms of employment be express or implied ,and for the purposes of any proceeding under this Act in relation to an industrial dispute ,includes any such person who has been dismissed ,discharged or retrenched in connection with ,or as a consequence of ,that dispute ,or whose dismissal ,discharge or retrenchment has led to that dispute ,but does not include any such person- i) who is subject to the Air Force Act,1950 (45 of 1950),or the Army Act,1950(46 of 1950), or the Navy Act,1957(62 of 1957) ii) who is employed in the police service or as an officer or other employee of a prison iii) Who is employed mainly i n a managerial or administrative capacity iv) Who being employed in supervisory capacity, draws wages exceeding Rs. 1600 We will write a custom essay sample on Labour Law Assignment specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Labour Law Assignment specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Labour Law Assignment specifically for you FOR ONLY $16.38 $13.9/page Hire Writer

Wiesels Perils of Indifference for Holocaust Study

Wiesels Perils of Indifference for Holocaust Study At the end of the 20th-century, author and Holocaust survivor Elie Wiesel delivered a speech titled   The Perils of Indifference  to a joint session of the United States Congress.   Wiesel was the Nobel-Peace Prize-winning author of the haunting memoir ​​Night, a slim memoir that traces his struggle for survival at the  Auschwitz/Buchenwald  work complex when he was a teenager. The book is often assigned to students in grades 7-12, and it is sometimes a cross-over between English and social studies or humanities classes. Secondary school educators who plan units on World War II and who want to include primary source materials on the Holocaust will appreciate the length of his speech. It is 1818 words  long and it can be read at the 8th-grade reading level. A  video  of Wiesel delivering the speechcan be found on the  American Rhetoric website. The video runs 21 minutes. When he delivered this speech, Wiesel had come before the U.S. Congress to thank the American soldiers and the American people for liberating the camps at the end of World War II. Wiesel had spent nine months in the Buchenwald/Aushwitcz complex. In a terrifying retell, he explains how his mother and sisters had been separated from him when they first arrived.   Ã¢â‚¬Å"Eight short, simple words†¦ Men to the left! Women to the right!(27). Shortly after this separation, Wiesel concludes, these family members were killed in the gas chambers at the concentration camp. Yet Wiesel and his father survived starvation, disease, and the deprivation of spirit until shortly before liberation when his father eventually succumbed. At the conclusion of the memoir, Wiesel admits with guilt that at time of his fathers death, he felt relieved. Eventually, Wiesel felt compelled to testify against the Nazi regime, and he wrote the memoir to bear witness against the genocide which killed his family along with six million Jews.   The Perils of Indifference Speech In the speech, Wiesel focuses on one word in order to connect the concentration camp at  Auschwitz  with the  genocides of the late 20th Century. That one word is  indifference.  which is defined at  CollinsDictionary.com  as  a lack of interest or concern.   Wiesel, however, defines indifference in more spiritual terms: Indifference, then, is not only a sin, it is a punishment. And this is one of the most important lessons of this outgoing centurys wide-ranging experiments in good and evil. This speech was delivered 54 years after he had been liberated by American forces. His gratitude to the American forces who liberated him is what opens the speech, but after the opening paragraph, Wiesel seriously admonishes Americans to do more to halt genocides all over the world. By not intervening on behalf of those victims of genocide, he states clearly, we are collectively indifferent to their suffering: Indifference, after all, is more dangerous than anger and hatred. Anger can at times be creative. One writes a great poem, a great symphony, one does something special for the sake of humanity because one is angry at the injustice that one witnesses. But indifference is never creative. In continuing to define his interpretation of indifference, Wiesel asks the audience to think beyond themselves: Indifference is not a beginning, it is an end. And, therefore, indifference is always the friend of the enemy, for it benefits the aggressor never his victim, whose pain is magnified when he or she feels forgotten.   Wiesel then includes those populations of people who are victims, victims of political change, economic hardship, or natural disasters: The political prisoner in his cell, the hungry children, the homeless refugees not to respond to their plight, not to relieve their solitude by offering them a spark of hope is to exile them from human memory. And in denying their humanity we betray our own. Students are often asked what does the author mean, and in this paragraph, Wiesel spells out quite clearly how indifference to the suffering of others causes a betrayal of being human, of having the human qualities of kindness or benevolence.   Indifference means a rejection of an ability to take action and accept responsibility in the light of injustice. To be indifferent is to be inhuman. Literary Qualities Throughout the speech, Wiesel uses a variety of literary elements. There is the personification of indifference as a friend of the enemy or the metaphor about the Muselmanner  who he describes as being those who were ...  dead and did not know it. One of the most common literary devices Wiesel uses is the rhetorical question.  In  The Perils of Indifference, Wiesel asks a total of 26 questions, not to receive an answer form his audience, but to  emphasize a point or focus the audience’s attention on his argument. He asks  the listeners: Does it mean that we have learned from the past? Does it mean that society has changed? Has the human being become less indifferent and more human? Have we really learned from our experiences? Are we less insensitive to the plight of victims of ethnic cleansing and other forms of injustices in places near and far? Speaking at the conclusion of the 20th Century, Wiesel poses these rhetorical questions for students to consider in their century. Meets Academic Standards in English and Social Studies The Common Core State Standards (CCSS) demand that students read informational texts, but the framework does not require specific texts. Wiesel’s The Perils of Indifference contains the information and rhetorical devices that meet the text complexity criteria of the CCSS.   This speech also connects to the C3 Frameworks for Social Studies. While there are many different disciplinary lenses in these frameworks, the historical lens is particularly appropriate: D2.His.6.9-12. Analyze the ways in which the perspectives of those writing history shaped the history that they produced. Wiesels memoir Night centers on his experience in the concentration camp as both a record for history and a reflection on that experience. More specifically, Wiesel’s message is necessary if we want our students to confront the conflicts in this new 21st-century. Our students must be prepared to question as Wiesel does why â€Å"deportation, the terrorization of children and their parents be allowed anywhere in the world?   Conclusion Wiesel has made many literary contributions to helping others all over the world understand the Holocaust. He has written extensively in a wide variety of genres, but it is through his memoir Night and the words of this speech The Perils of Indifference   that students can best understand the critical importance of learning from the past. Wiesel has written about the Holocaust and delivered this speech so that we all, students, teachers, and citizens of the world, may never forget.