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“Labour & the Constitution”
Learning Objectives

√ The role of government in enacting a series of
     labour laws in order to protect and promote
     the interests of labour.
√ The constitutional framework & fundamental
     rights guaranteed under the Constitution
√ The philosophy of Social Justice
√ The aims and objectives of International
     Labour Organization [ILO] and its role in
     pursuit of social justice.
√ The role of law in industrial relations
“Labour & the Constitution”
Structure

     12.1 Introduction
     12.2 Constitutional Framework
     12.3 Social Justice
     12.4 ILO – in Pursuit of Social Justice
     12.5 Role of Law in Industrial Relations
     12.6 Summary
“Labour & the Constitution”
12.1 Introduction

      The sweeping character of the transition from a
simple agricultural set-up to a complex urban
industrial society has resulted in the emergence of
labour problems in India.

      Since the workmen were not organized, they
had no bargaining power and had to work long hours
at low wages under unhygienic work conditions.
“Labour & the Constitution”
12.1 Introduction

        The Government of India, therefore, enacted a
series of legislation to protect the working class from
exploitation & to bring about improvements in their
living & working conditions.

       Industrial Disputes Act, ESI Act, Factories Act,
Minimum Wages Act were enacted. The goals set in
our Constitution have a bearing on industrial
legislation and adjudication.
“Labour & the Constitution”
12.2 Constitutional Framework
      Indian Constitution guarantees fundamental
rights to its citizens and has laid down certain
directive principles of state policy for the achievement
of social order based on Justice.
       Equality of opportunity to all citizens in
matters of employment is guaranteed. Traffic in
human beings, forced labour, employment of child
labour in factories , mines or at other hazardous
location is prohibited.
“Labour & the Constitution”
12.2 Constitutional Framework
      These are directive principles , and hence not
enforceable by any court. It shall be the duty of the
State to apply these principles in making laws.
      Labour is on the Concurrent List on which the
Central as well as State governments have power to
make laws.
      Article 39, 41, 42 and 43 have a special
relevance in the field of industrial legislation &
adjudication.
“Labour & the Constitution”
12.2 Constitutional Framework
       Article 39 accentuates the basic philosophy of
idealistic socialism & provides a motivation force to
the Directive principles by laying down that the State
shall direct its policy towards equal pay for men &
women.
       Article 41 lays down that the State shall,
within limits of its economic capacity & development,
provide for right to work, to education, & pubic
assistance in case of unemployment, old age,
sickness, disablement and other cases of undeserved
want.
“Labour & the Constitution”
12.2 Constitutional Framework
      Article 42 enjoins the State government to
make provision for securing just & humane
conditions of work & for maternity relief. The
Factories Act, 1948 provides for health, safety,
welfare, employment of young persons and women,
hours of work for adults, holidays and leave with
wages.
“Labour & the Constitution”
12.2 Constitutional Framework

            Contract   Labour    [Regulation     and
Abolition] Act was passed to protect contract labour
from exploitation.
      Article 43 enjoins the State to assure a living
wage, conditions of work ensuring a decent standard
of life and full enjoyment leisure, & social and
cultural opportunities. Minimum wages Act, 1948
provides for fixation of minimum wages by
governments for workers.
“Labour & the Constitution”
12.2 Constitutional Framework
       Social security under these articles was
provided by enacting Employees’ State Insurance Act
in 1948 which included benefits like sickness &
extended      sickness,   maternity,   disablement,
dependents’ , funeral and medical benefits.
Employees” PF Act and Maternity Benefit Acts are
also social security measures.
       Apprenticeship Act supplemented institutional
training on-the-job training and regulated the
training arrangement in industry.
“Labour & the Constitution”
12.3 Social Justice
       In industrial adjudication, the concept of social
justice has been given wide acceptance. But the term
social justice is not precisely defined.
       In one of its verdicts the court assigned broader
& positive role to in these words ‘ The concept of social
justice is not narrow or one sided, nor is it pedantic
nor limited to industrial adjudication alone.
       It is founded on the basic ideal of socio
economic equality & its aim is to remove socio
economic disparities. It adopts a realistic and
pragmatic approach.
“Labour & the Constitution”
12.3 Social Justice
        In democratic society , administration of
justice is based on the rule of law, which is dynamic
and includes within its imports social justice. It has
been given a place of pride in our Constitution.
        The philosophy of justice has now become an
integral part of industrial jurisprudence.
        In a welfare state it is necessary to apply the
general principles of social & economic justice to
remove imbalances in political, economic and social
life of the people.
“Labour & the Constitution”
12.4 ILO – in Pursuit of Social Justice
       The ILO affirms that universal & lasting peace
can be established only if it is based upon social
justice, draws attention to the existence conditions of
labour involving injustice, hardship and privation of
a large number of people, and declares that
improvement of these conditions is urgently required
through such means as
       regulation of hours of work,
       prevention of unemployment,
“Labour & the Constitution”
12.4 ILO – in Pursuit of Social Justice
      provision of living wage,
      protection of workers against sickness, disease,
      injury arising out of employment,
      protection of children young persons and
      women .
      protection of the interests of migrant workers ,
      recognition of the principle of freedom of
      association, and
      organization of vocational & technical
      education.
“Labour & the Constitution”
12.4 ILO – in Pursuit of Social Justice
      ILO further declares

      that labour is not a commodity;
      that freedom of expression and association is
      essential for sustained progress;
      that poverty anywhere constitutes a danger to
      prosperity everywhere
      and
“Labour & the Constitution”
12.4 ILO – in Pursuit of Social Justice
      ILO further declares

and that the war against want requires to be carried
    on with unrelenting vigour by each nation and
    by continuous & concerted efforts by workers
    and employers enjoying equal status with
    government joining in free discussion &
    democratic decision for the promotion of
    common welfare.
“Labour & the Constitution”
12.4 ILO – in Pursuit of Social Justice
Three main functions of ILO
      to establish international labour standards
      to collect & disseminate information on labour
      & industrial conditions
      to provide technical assistance for carrying out
      programmes of social & economic development.
     From the very beginning , the ILO has been
  confronted with the tremendous task of promoting
  social justice by improving the working & living
  conditions of labour in all parts of the world.
“Labour & the Constitution”
12.4 ILO – in Pursuit of Social Justice
       In order to achieve its objectives , the ILO has
relied on its standard setting function. The
international labour standards take the form of
Conventions & recommendation.
       A Convention is a treaty which when ratified
creates binding international obligation on the
country concerned.
       On the other hand, a Recommendation creates
no such obligation but is a essentially a guide to
national action.
“Labour & the Constitution”
12.4 ILO – in Pursuit of Social Justice
       India has been one of the founder members of
the ILO. Out of 173 conventions adopted by the ILO,
India has ratified 36 conventions & these have been
incorporated in existing legislation.
       Conventions not ratified have indirectly
guided and shaped the Indian labour legislation in a
far reaching manner.
       The ILO standards have a decisive impact on
the factory, mines, social security and wage
legislations in India.
“Labour & the Constitution”
12.5 Role of Law in Industrial Relations
       In India while there is an agreement on the
need for reforms, areas for reform and the nature of
required reforms, major dis-agreements exist as to the
part that the law should play in any scheme of
reforms.
       . There is one school which believes that the
reforms should not include new legislation, while the
other thinks introduction of some new legislation is
mandated. Any legislative reform by definition
involves the law.
“Labour & the Constitution”
12.5 Role of Law in Industrial Relations
       Some believe that the law should fulfill an
abstentionist role . All sustentative matters of
industrial relations should be regulated by parties
themselves free from legal constraint or obligation.
       Others want the law to be the main instrument
of directing & controlling the system . This view
implies an extensive system of regulatory legislation
directing the parties in their activities & forcing
changes whenever necessary.
“Labour & the Constitution”
12.6 Summary
       It is gratifying to note that apart from the
fundamental rights, India’s Constitution embodies
within itself , in Part IV, Directive Principles of State
Policy. The functions and duties of States as
contained in Directive Principles have given rise to
concept of social justice.
       The old idea of laissez faire has given place to a
new idea of welfare state. The philosophy of social,
economic and political justice has been given a place of
pride in the Constitution , as well as in the aims &
objectives of ILO
“Labour & the Constitution”
12.6 Summary
      The development and growth of industrial law
presents a close analogy to the development and
growth of constitutional law.

     A series of labour laws covering labour welfare
and social security were enacted for protecting and
promoting the overall welfare of different categories of
working class.
“Labour & the Constitution”

The End!
We have now completed first part of
‘Industrial Relations’.

Now we move to the Part Two ‘Labour Laws’
In the next session we cover chapter thirteen on

       “Apprentices Act , 1961”

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Labor & Constitution

  • 1. “Labour & the Constitution” Learning Objectives √ The role of government in enacting a series of labour laws in order to protect and promote the interests of labour. √ The constitutional framework & fundamental rights guaranteed under the Constitution √ The philosophy of Social Justice √ The aims and objectives of International Labour Organization [ILO] and its role in pursuit of social justice. √ The role of law in industrial relations
  • 2. “Labour & the Constitution” Structure 12.1 Introduction 12.2 Constitutional Framework 12.3 Social Justice 12.4 ILO – in Pursuit of Social Justice 12.5 Role of Law in Industrial Relations 12.6 Summary
  • 3. “Labour & the Constitution” 12.1 Introduction The sweeping character of the transition from a simple agricultural set-up to a complex urban industrial society has resulted in the emergence of labour problems in India. Since the workmen were not organized, they had no bargaining power and had to work long hours at low wages under unhygienic work conditions.
  • 4. “Labour & the Constitution” 12.1 Introduction The Government of India, therefore, enacted a series of legislation to protect the working class from exploitation & to bring about improvements in their living & working conditions. Industrial Disputes Act, ESI Act, Factories Act, Minimum Wages Act were enacted. The goals set in our Constitution have a bearing on industrial legislation and adjudication.
  • 5. “Labour & the Constitution” 12.2 Constitutional Framework Indian Constitution guarantees fundamental rights to its citizens and has laid down certain directive principles of state policy for the achievement of social order based on Justice. Equality of opportunity to all citizens in matters of employment is guaranteed. Traffic in human beings, forced labour, employment of child labour in factories , mines or at other hazardous location is prohibited.
  • 6. “Labour & the Constitution” 12.2 Constitutional Framework These are directive principles , and hence not enforceable by any court. It shall be the duty of the State to apply these principles in making laws. Labour is on the Concurrent List on which the Central as well as State governments have power to make laws. Article 39, 41, 42 and 43 have a special relevance in the field of industrial legislation & adjudication.
  • 7. “Labour & the Constitution” 12.2 Constitutional Framework Article 39 accentuates the basic philosophy of idealistic socialism & provides a motivation force to the Directive principles by laying down that the State shall direct its policy towards equal pay for men & women. Article 41 lays down that the State shall, within limits of its economic capacity & development, provide for right to work, to education, & pubic assistance in case of unemployment, old age, sickness, disablement and other cases of undeserved want.
  • 8. “Labour & the Constitution” 12.2 Constitutional Framework Article 42 enjoins the State government to make provision for securing just & humane conditions of work & for maternity relief. The Factories Act, 1948 provides for health, safety, welfare, employment of young persons and women, hours of work for adults, holidays and leave with wages.
  • 9. “Labour & the Constitution” 12.2 Constitutional Framework Contract Labour [Regulation and Abolition] Act was passed to protect contract labour from exploitation. Article 43 enjoins the State to assure a living wage, conditions of work ensuring a decent standard of life and full enjoyment leisure, & social and cultural opportunities. Minimum wages Act, 1948 provides for fixation of minimum wages by governments for workers.
  • 10. “Labour & the Constitution” 12.2 Constitutional Framework Social security under these articles was provided by enacting Employees’ State Insurance Act in 1948 which included benefits like sickness & extended sickness, maternity, disablement, dependents’ , funeral and medical benefits. Employees” PF Act and Maternity Benefit Acts are also social security measures. Apprenticeship Act supplemented institutional training on-the-job training and regulated the training arrangement in industry.
  • 11. “Labour & the Constitution” 12.3 Social Justice In industrial adjudication, the concept of social justice has been given wide acceptance. But the term social justice is not precisely defined. In one of its verdicts the court assigned broader & positive role to in these words ‘ The concept of social justice is not narrow or one sided, nor is it pedantic nor limited to industrial adjudication alone. It is founded on the basic ideal of socio economic equality & its aim is to remove socio economic disparities. It adopts a realistic and pragmatic approach.
  • 12. “Labour & the Constitution” 12.3 Social Justice In democratic society , administration of justice is based on the rule of law, which is dynamic and includes within its imports social justice. It has been given a place of pride in our Constitution. The philosophy of justice has now become an integral part of industrial jurisprudence. In a welfare state it is necessary to apply the general principles of social & economic justice to remove imbalances in political, economic and social life of the people.
  • 13. “Labour & the Constitution” 12.4 ILO – in Pursuit of Social Justice The ILO affirms that universal & lasting peace can be established only if it is based upon social justice, draws attention to the existence conditions of labour involving injustice, hardship and privation of a large number of people, and declares that improvement of these conditions is urgently required through such means as regulation of hours of work, prevention of unemployment,
  • 14. “Labour & the Constitution” 12.4 ILO – in Pursuit of Social Justice provision of living wage, protection of workers against sickness, disease, injury arising out of employment, protection of children young persons and women . protection of the interests of migrant workers , recognition of the principle of freedom of association, and organization of vocational & technical education.
  • 15. “Labour & the Constitution” 12.4 ILO – in Pursuit of Social Justice ILO further declares that labour is not a commodity; that freedom of expression and association is essential for sustained progress; that poverty anywhere constitutes a danger to prosperity everywhere and
  • 16. “Labour & the Constitution” 12.4 ILO – in Pursuit of Social Justice ILO further declares and that the war against want requires to be carried on with unrelenting vigour by each nation and by continuous & concerted efforts by workers and employers enjoying equal status with government joining in free discussion & democratic decision for the promotion of common welfare.
  • 17. “Labour & the Constitution” 12.4 ILO – in Pursuit of Social Justice Three main functions of ILO to establish international labour standards to collect & disseminate information on labour & industrial conditions to provide technical assistance for carrying out programmes of social & economic development. From the very beginning , the ILO has been confronted with the tremendous task of promoting social justice by improving the working & living conditions of labour in all parts of the world.
  • 18. “Labour & the Constitution” 12.4 ILO – in Pursuit of Social Justice In order to achieve its objectives , the ILO has relied on its standard setting function. The international labour standards take the form of Conventions & recommendation. A Convention is a treaty which when ratified creates binding international obligation on the country concerned. On the other hand, a Recommendation creates no such obligation but is a essentially a guide to national action.
  • 19. “Labour & the Constitution” 12.4 ILO – in Pursuit of Social Justice India has been one of the founder members of the ILO. Out of 173 conventions adopted by the ILO, India has ratified 36 conventions & these have been incorporated in existing legislation. Conventions not ratified have indirectly guided and shaped the Indian labour legislation in a far reaching manner. The ILO standards have a decisive impact on the factory, mines, social security and wage legislations in India.
  • 20. “Labour & the Constitution” 12.5 Role of Law in Industrial Relations In India while there is an agreement on the need for reforms, areas for reform and the nature of required reforms, major dis-agreements exist as to the part that the law should play in any scheme of reforms. . There is one school which believes that the reforms should not include new legislation, while the other thinks introduction of some new legislation is mandated. Any legislative reform by definition involves the law.
  • 21. “Labour & the Constitution” 12.5 Role of Law in Industrial Relations Some believe that the law should fulfill an abstentionist role . All sustentative matters of industrial relations should be regulated by parties themselves free from legal constraint or obligation. Others want the law to be the main instrument of directing & controlling the system . This view implies an extensive system of regulatory legislation directing the parties in their activities & forcing changes whenever necessary.
  • 22. “Labour & the Constitution” 12.6 Summary It is gratifying to note that apart from the fundamental rights, India’s Constitution embodies within itself , in Part IV, Directive Principles of State Policy. The functions and duties of States as contained in Directive Principles have given rise to concept of social justice. The old idea of laissez faire has given place to a new idea of welfare state. The philosophy of social, economic and political justice has been given a place of pride in the Constitution , as well as in the aims & objectives of ILO
  • 23. “Labour & the Constitution” 12.6 Summary The development and growth of industrial law presents a close analogy to the development and growth of constitutional law. A series of labour laws covering labour welfare and social security were enacted for protecting and promoting the overall welfare of different categories of working class.
  • 24. “Labour & the Constitution” The End! We have now completed first part of ‘Industrial Relations’. Now we move to the Part Two ‘Labour Laws’ In the next session we cover chapter thirteen on “Apprentices Act , 1961” ZÉÉw _âv~4
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