National Journal of Labour and Industrial Law

Evolution of Bankruptcy in India: Understanding the Concept and its Significance

Nituja Singh — 2025-04-30

The World Bank has started this with view that it will urge creating nations to change their laws in budgetary segment and improve laws for the recuperation of obligation in the nation. It likewise spares the privileges of financial specialists, and lessens the danger of awful obligations and non-performing resources. In 2014, the Ministry of Finance established the Bankruptcy Legislative Reforms Committee, led by T. K. Viswanathan. The Viswanathan group presented a two-volume report in 2015, but the bill was delayed in parliament later that year. Following this delay, a Joint Parliamentary Committee was formed, which produced a report that included a revised draft of the law, eventually passed as the Insolvency and Bankruptcy Code, 2016. The World Bank's Doing Business Index 2018 recognized the Government of India's efforts, noting that India became one of the top 10 'improvers' in the rankings for that year. However, improving the Doing Business rankings is a challenging task, especially for an
economy as large and complex as India's. Drafting another bit of enactment is just the begin. The more noteworthy test is guaranteeing that the law is executed in its actual soul. This can be accomplished by intermittently assessing the law, particularly when it is in its underlying stages and down to earth difficulties in execution develop.

A Legal Analysis of the Return of a Worker in An Enterprise under Cameroonian Labour Law

Jean Claude Ndi — 2025-04-07

This article is anchored on the problem relating to the return of a worker after suspension within an enterprise. It has been observed that in most cases where the employer is under an obligation to reemployed a suspended worker for one reason or the other (economic motive, abusive termination of contract), the latter is often very reticent to do this. The question that begs for an answer is why this should be the case? In this article we wonder whether this is not due to the inefficiency of the legal arsenals set up in Cameroon to safeguard the worker in the event of such circumstances? As a tentative answer to the problem presented above, we set as a working hypothesis that the current legal framework relating to labour matters in Cameroon do not address an efficient mechanism for the return of worker in cases where the employment contracts or the law call for. The objective at the end of this article is to evaluate the cause of this disturbing attitude of the employer vis- à- vis the employee in this difficult moment in his economic life and provide a way forward in terms of recommendations. We make use of the qualitative and analytical research methodology. From our investigation we found out that though tremendous efforts have been made by the Cameroonian legislator to ensure the return of worker in an enterprise, the legal arsenals provided for this, are fraught with shortcomings making it difficult to achieve set goals. This article recommends the need for reforms of some laws and train judicial labour inspectors in labour disputes by streamlining the lengthy procedures in order to achieve meritorious claims.

Bridging the Gap: A Policy Review of the Unorganised Workers Social Security Act, 2002

Kanwalprit Kaur — 2025-04-07

The Government of India enacted the Unorganised Workers Social Security Act, 2002, to provide social security benefits to workers in the unorganised sector. Since more than 90% of India's working population works in the unorganised sector, lack of formal protection leaves them vulnerable to economic and social risks. The Act aims to provide basic benefits such as healthcare, old-age pension, life and disability cover and maternity benefits. Its execution, however, has been plagued with issues such as lack of awareness, administrative bottlenecks, intergovernmental lack of coordination and delays in registration of beneficiaries. This research paper critically analyses the effectiveness of the Act, bringing out key gaps in policy and implementation. Drawing on international experiences of Brazil's Bolsa Familia programme and South Africa’s social security initiatives for the informal sector, the study incorporates best practices into the Indian approach. The paper also recommends specific policy amendments to enhance implementation, expand access and offer better protection to unorganised workers to bridge the gap between practice and law.

Legal Aid: Concept and Importance

Sapna Sukrut Deo — 2025-04-30

Legal aid is a fundamental aspect of ensuring justice and equality in society. It refers to the provision of free or affordable legal assistance to individuals who cannot afford legal representation. Rooted in the principles of fairness and access to justice, legal aid helps bridge the gap between privileged and underprivileged sections of society. It plays a crucial role in upholding human rights, protecting marginalized communities, and preventing legal discrimination. Legal aid services include legal counseling, representation in courts, drafting legal documents, and mediation. Governments, non-governmental organizations, and legal
professionals contribute to these services to promote social justice. In many countries, legal aid is a constitutional right, ensuring that financial constraints do not become a barrier to justice. The importance of legal aid extends beyond individual benefits—it strengthens democracy by ensuring that laws are applied equally to all. It also helps reduce case backlogs by encouraging alternative dispute resolution methods. However, challenges such as limited funding, lack of awareness, and bureaucratic hurdles often hinder the effectiveness of legal aid systems. Strengthening legal aid frameworks through policy reforms, increased funding, and legal literacy programs is essential to achieving an inclusive and fair justice system.

Challenges in the Enactment of Child Labour Laws in India

Riya Yadav — 2025-05-07

Child labor remains a pervasive issue in India, despite the existence of laws aimed at preventing it. The Indian government has enacted various laws and policies to combat child labor, including the Child Labour (Prohibition and Regulation) Act, 1986, and the Right of Children to Free and Compulsory Education Act, 2009. However, the implementation and enforcement of these laws have been hindered by various challenges, including corruption, lack of resources, and societal attitudes. This paper examines the challenges in the enactment of child labor laws in India, including the complexities of implementation, enforcement, and addressing the root causes of child labor. Through a critical analysis of existing literature and case studies, this research identifies key obstacles to effective law enforcement, including inadequate inspection mechanisms, lack of awareness among parents and children, and the prevalence of child labor in informal sectors. The paper concludes with recommendations for strengthening child labor laws and improving their enforcement in India. The paper argues that effective enforcement of child labor laws requires a multifaceted approach that addresses the root causes of child labor, strengthens law enforcement mechanisms, and promotes awareness and education. The research provides insights into the complexities of child labor in India and offers policy
recommendations for improving the effectiveness of child labour laws. The study's findings have implications for policymakers, practitioners, and researchers working to combat child labor in India and other developing countries.