Need a law on employment in private sector

Rich and influential people are so capable in our country that you will not even know who set fire to your house.  So we need a law like this to prevent the bosses of private sector spoiling the chances of your livelihood and prevent India becoming a banana republic.

Also implement reservations for SCs, STs and OBCs in private sector along with this because when govt. appointed agency conducts written tests, it shall take into consideration the aspect of reservations too.  No problem if reservations in private sector is made into part of that legislation.

The Supreme Court in D.K. Yadav vs. J.M.A. Industries held that "The law must therefore be now taken to be well settled that the procedure prescribed for depriving a person of livelihood must meet the challenge of Art.14, and such law would be liable to be tested on the anvil of Art.14 and the procedure prescribed by a statute of statutory rule or rules or orders affecting the civil rights or result in civil consequences would have to answer the requirement of Art.14.

The Supreme Court further held: "It is thus well settled that right to life enshrined under Art.21 of the Constitution would include right to livelihood. The order of termination of service of an employee/workman visits with civil consequences of jeopardising not only his/her livelihood but also career and livelihood of dependents. Therefore, before taking any action putting an end to the tenure of an employee/workman fair play requires that a reasonable opportunity to put forth his case is given and domestic enquiry conducted complying with the principles of natural justice". 

What is noteworthy about position relating to employment law and justice in India is that most of the protection available to citizens/employees is "judge-made law".  Other than the legislations made by British rulers during British government for workmen, there is no law made by Parliament to protect the employees giving us an impression that legislature is made of people whose interest is to save the qualities of Banana republic as commanding heights of economy are in their hands.

So naturally legislature had not made any effort to save employees and legislations like Payment of Wages Act, 1936 are not meant for employees who earn more than Rs.15000/- per month.  The grievances of employees earning more than Rs,.15000/- or the employees in managerial in supervisory cadre are addressed only by judge-made law in our country even after lapse of 60 years after independence. 

So, the consequence of this negligence is that the employee is always scared to tap the doors of courts to seek justice if any of his rights relating to wages, gratuity, EPF any dispute arising during course of job.  They are scared because they need a clean Experience certificate from employer without any adverse remarks.  There is no guarantee that if any employee invokes his legal rights, the employer do not make adverse remarks in experience certificate.  Removal from service itself is an adverse remark no employee can hide it with prospective employer. 

So the employee is effectively made to ever live in fear by the agents of banana republic even to tap the doors of courts to invoke their civil rights. 

And finally if a legislation of this sort is made where employees will be sent by govt. agency through conducting written test interview, most of the sycophancy to the bosses of private sector can be arrested.  Professional ethics can be enforced effectively.  For instance most of the media companies in Andhra Pradesh are biased.  Sakshi is mouth piece of Y.S. Rajasekhara Reddy's family.  NTV works for Chandra Babu Naidu.  So no employee will be compelled to say things that he does not wish to say to join a company.  Now the position is such that if anybody wants to join Sakshi TV they should necessarily say, "Jai Jagan".  If they want to join NTV they should say, "Jai Chandra Babu Naidu...Jai NTR". 

And the people so joining any company need not fear that if they lose job they will not get job elsewhere because written tests are conducted by govts. to recruit employees.  So they will uphold journalistic values without blindly doing sycophancy to their masters.  We are living in a free country.  Protecting the freedom of people shall be of utmost concern.  Rest of the things are not priorities.