"Employee's Right to Work in a "Safe Environment"- Newly developing laws in India
There are not enough laws to protect employees' against employers in India.
Old laws, like Industrial Dispute Act and Other laws, have gradually worn out and are not in sync with modern service jurisdiction.
An employee has right to ask for a safe an healthy environment in which he can work.
The injury due to stress at workplace, bullying at workplace, unhygienic food and drinking water supply at workplace, giving stress to employee by doing injustice, stress due to not properly handling disputes at workplace, are also yet to be recognised by courts in India, though they appear to be well recognised in civilised countries. These cases can be downloaded through Internet.
Absence of laws do not make courts powerless. These are all rights related to quality of life at workplace.
At common law and under powers of Art.21, the courts can always make suitable laws and guidelines till legislator makes some laws.
The need of the hour is, first such rights need to be debated and argued in Supreme Court or in High Courts in PILs by Employee's Welfare Unions.
Demand for new laws will follow with supply of more and better laws for employees through courts.
Haresh Raichura
17/7/13