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Challenging The Arbitrary Notification Of Welfare States: Gujrat Mazdoor Sabha V. State Of Gujarat




Udbhav Handa & Tushita Verma, Vivekananda Institute of Professional Studies, Affiliated with Guru Gobind Singh Indraprastha University

ABSTRACT

The labourers have been the one strata that has been subjected to the most severe challenges since the outbreak of the COVID-19 pandemic. These hard workers have been the most unfortunate, whether it was due to the loss of their sources of revenue or the consequences of the lockdown, which forced them to return to their hometowns. The latest revisions to the factories act added fuel to the flames, prompting the Gujrat Mazdoor Sabha to file a petition with the SC. The Right to Livelihood is very much a part of the right to life entrenched in Art. 21 of the Indian Constitution. This right to livelihood protects employees from unwarranted exploitation; however, when the COVID-19 outbreak triggered a wave of challenges for workers, this fundamental right was adversely affected. The Government of Gujrat exercised its rights under Sec. 5 of the Factories Act of 1948 to exclude factories in the region from several responsibilities towards their employees. A state-wide trade union and a national trade union filed a writ petition with the SC challenging the legitimacy of the government's notifications.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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