H.S. CHAUHAN AND ORS. Vs. LIFE INSURANCE CORPORATION OF INDIA AND ORS.
LAWS(RAJ)-1982-7-23
HIGH COURT OF RAJASTHAN
Decided on July 06,1982

H.S. Chauhan And Ors. Appellant
VERSUS
Life Insurance Corporation of India And Ors. Respondents

JUDGEMENT

Guman Mal Lodha, J. - (1.) HIGH sounding, well -intentioned, radical directive of 'participation of workers in management' of Industries, an important golden relic of 42nd amendment has with stood scrapping by and scrutiny of 44th Amendment and is still enshrined as Article 43A of the Constitution. Whether this directive accepted and honoured or kept as a decoration and illumination of statute only, is a question on which legislature and, not judiciary, can adjudicate.
(2.) THE echo of this Article which was a red letter day for the workers (Kamgars) in consonance with preamble proclaiming inter alia 'Justice Social, & economic and equality of Status and Opportunity for the lowest in the ladder may now be first heard in the following historical directive of part IV: 43 -A. The State shall take steps, by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry. Cost work norms of development officers, whether in consonance with the above directive has assumed new dimensions of debate. Whether officers are workers and whether instead of bilateral or tripartite agreement fixing the cost work norms, ensuring work by the legislative fiat uni -laterally is a befitting tribute to Article 43A is yet another billion dollar question in this constitutional post mortem.
(3.) HIGH stakes involved are of the service condition - of about 10000 development officers who prefer to call them selves as workers, for the purpose of invoking Article 43A and protective umbrella of Industrial Disputes Act;


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