Is Labour Law a Hindrance in India's Public Enterprises Reforms?
With a growing dependency on the private participation across the globe, India also implemented the economic reforms process but these reforms have not been supported by any major amendments in the labour Laws though privatization of public enterprises, is one of the key issues in the ongoing economic reforms and India has a major workforce employed in the PEs. Global experiences in privatization appear to suggest that there should be a clear-cut privatization law, which will sustain the logic of what to privatize, how to privatize and for whom to privatize, but till today India has not even considered enacting such a law. The presence of old labour laws and the absence of a privatization law present a complex situation at the time of the second generation of economic reforms undertaken by India. This paper tries to investigate how the Indian Labour law is helpless in helping the labour and in protecting the larger interest of the PE's reforms. (original abstract)
- Annual Report, 2001-02, Ministry of Disinvestment, Government of India.
- BALCO Employees Union (Regd.), Petitioner versus Union of India & Ors. Respondents with T. C. (C) Nos. 9 and 10 of 2001 and W. P. (C) No. 194 of 2001, In the Supreme Court of India, Civil Original Jurisdiction, Transferred Case (Civil) No. 8 of 2001, Supreme Court Judgment, December 10, 2001 regarding BALCO disinvestment.
- Department of Disinvestment, Government of India, March 2014
- Disinvestment Commission Report No. 5, 2014, Department of Disinvestment, Government of India, New Delhi, p. 33.
- Disinvestment Commission, First Report, February 1997.
- "Frontline", Jan, 17, 2003, p. 8-9.
- Frydman R., 1998, In an iInterview with The Centre for International Private Enterprise, Washington, D.C.
- Ganesh G., 2001, Disinvestment: Implementation Issues, The Hindu Survey of Indian Industry, p. 33.
- Ganesh G., Bharti N., 2004, Privatization Induced Labour Restructuring and Collective Bargaining: Case Studies in South Asia, "Indian Journal of Labour Economics", Vol. 47, No. 4, p. 1193-1210.
- Gates J. R., Saghir J., 1995, Employee Stock Ownership Plans - Objectives, Design Options and International Experience , Co-financing and Financial Advisory Services (Privatization Group), CFS Discussion Paper Series, No.112, September, The World Bank, Washington D.C.
- Guislain P., 1992, Divestiture of State Enterprises: An Overview of the Legal Framework, World Bank Technical Paper No.186, p.10.
- Gupta S. P., 1998, The Role of National Renewal Fundin Economic Restructuring, [in:] National Renewal Fund- A Look Ahead, (ed.) M.L. Nandrajog, ILO, New Delhi, p. 183-184.
- Industrial Disputes Act, 1947- Ministry of Commerce and Industry, Government of India.
- Industrial Employment (standing orders) Act, 1946, Ministry of Commerce and Industry, Governmnet of India, New Delhi.
- Industrial Policy Statement, 1956, Government of India, New Delhi
- Industrial Policy Statement, 1991, Government of India, New Delhi
- Industrial relations code bill: Minority trade unions may also get say in joint bargaining council, "The Economic Times", 31 October 2015, http://economictimes.indiatimes.com/ news/economy/policy/industrial-relations-code-bill-minority-trade-unions-may-also-get-say-in-joint-bargaining- council/articleshow/49366331.cms.
- Labour Reforms: Proposals Pile Up as Unions Act Tough, "The Economic Times", 17.12.2015, http://articles.economictimes.indiatimes.com/2015-12-17/news/69119315_1_ labour-laws-india-trade-union-congress-industrial- disputes-act.
- Disinvestment Policy&Procedures, 2001, Ministry of Disinvestment, p. 81-86.
- Naib S., 2003, Partial Divestiture and Performance of Indian Public Sector Enterprises, "Economic & Political Weekly", 29, 19th July, p. 3088- 3093.
- Privatization Law No. (25), 2000, Jordan, http://www.epc.gov.jo/law.html (accessed: 29.06.2006).
- Public Enterprises Survey 2013-2014, Department of Public Enterprises, Ministry of Heavy Industries & Public Enterprises, Government of India.
- Report of Rangarajan Committee, 1993, Government of India on Disinvestment of Shares in Public Enterprises.
- Report of the Expenditure Reforms Commission, July 2000-September 2001, Ministry of Finance, Government of India.
- Report of the Expert Group on Railways, 2001, Planning Commission, New Delhi.
- Report of the Fifth Central Pay Commission, 1997, Ministry of Finance, Government of India.
- Report of the Task Force on Employment Opportunities, 2001, Planning Commission, New Delhi.
- "The Economic Times", 15 August, 2002.
- The French Privatization Law of 1986, Law No. 86-912. The Hindu, July 15, 2002.
- The Supreme Court of India, Civil Original Jurisdiction, Writ petition (civil no.171 of 2003), Supreme Court Judgement dated September 16, 2003 regarding HPCL/BPCL.