The Hindu : National : ‘Populist judgments on labour issues declining’

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Thursday, Nov 15, 2007
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‘Populist judgments on labour issues declining’

Special Correspondent

CHENNAI: The recent judgments of the Supreme Court (in labour/service law matters) indicate that the pendulum of law that had gone to one extreme some time ago is slowly swinging to the middle, the Labour Law Practitioners’ Association vice-president, S. Ravindran, has said.

Responding to the views of the Association president, N.G.R. Prasad, published in these columns on November 8, Mr. Ravindran said: “Laws in labour jurisprudence are frequently crafted by those judges, who wish to leave on the judiciary an imprint of their political ideology, irrespective of whether there is justification (or not). When one who has represented the working class is made a judge, he/she freely gives expression to his/her philosophy in the judgments pronounced by them. Populist judges, who readily lean in favour of the working class, are interpreting laws as to what they should be rather (than) what they are.

“In addition to mocking the judiciary, such judgments have inhibited enthusiastic investors to start new industries and have done more disservice to the cause of the working class, who are already under the onslaught of socio-political reasons. Fortunately, such populist pronouncements are on the decline, tempting one to infer that this arrested trend was prompted due to realisation of their ills.

“Courts are no different from the sun that illuminates all around. Even the mere perception that the Supreme Court is a biased crusader of specific causes taints its sanctity; of course, far worse consequences ensue when it really is the case. Recent judgments of the Supreme Court indicate that the pendulum of law that had gone to one extreme, some time ago, is slowly swinging to the middle, as the bar and average citizen would most desire. Clearly, this is no case for lament. Irrespective of personal predilections, one should accept changes that come in the way.”

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