UNIT I

HISTORY OF LABOUR LEGISLATION IN INDIA

Law is necessary for maintaining peaceful environment for the growth of the
industry. Labour legislation in India has developed with the growth of the industry. In
the eighteenth century India was not only a great agricultural country but a great
manufacturing country too. Asian and European markets were mainly fed by the looms
supplied by India, but the British Government in India as a mater of policy discouraged
the Indian manufacturers in order to encourage the rising manufacturers of England.
Their policy was to make India subservient to the industries of Great Britain and to make
Indian people grow only raw materials. The British oppression in India continued for a
considerable time which led to the growth of Indian nationalism and to a vigorous
renaissance. Nationalism has an obvious economic aspect with in our country which was
reflected in the urge for economic reforms and for industrialization. In the twentieth
century the national movement took a new turn and there was a common demand for the
Indian goods. A non –co-operation movement which is known as The Swadeshi
movement was started, which urged the people to use goods made in India and to
boycott foreign goods. The non-co-operation movement synchronized with periods of
economic crisis gave impetus to industrialization. Not only that , growth of Indian private
sector owes much to these popular movements. No doubt, the Indian Economist drew
their inspiration from British classical Economists but they outgrew those ideas. Like
British Economists, Indian Economists not only advocated that the trade and commerce
should be free but they laid emphasis on the free trade of local goods. An attempt was
made to put forward a theory of economic development and planning suited to conditions
of our country. After thirties, the planning was accepted by the national movement as the
economic ideology. Thus, planned industrialization became our main goal.
In India, the plantation industry in Assam was the first to attract legislative control. The
method of recruitment of workers in this industry was full of hardships. Workers were
employed through professional recruiters. Workers were not allowed by the planters to
leave the tea gardens. A number of Acts were passed from 1863 onwards to regulate the
recruitments. These legislations protected the interests of the employers more than
safeguarding the interests of the workers. The Factories Act was passed in 1934 and the
Mines Act in 1923. The Workmen's Compensation Act 1923 was passed to protect the
interest of the workers. The following Acts have been enacted to promote the conditions
of labour and regulate the relation between employer and employee keeping in view the
development of industry and national economy:-

INTRODUCTION:
Labour legislations are those laws, which are primarily concerned with labour.
Labour is the body of law, which deals with Employment & Non-employment, Wages,
Working conditions, Industrial relations, Social security and Labour welfare of
industrially employment.
DEFINITION:
Labour legislation deals with the group of legislations or acts relating to
Employment, Non-employment aspects, Wages, Working conditions, Industrial relations,
Social security and Labour welfare of workers working in the industries
UNIT I

ORIGIN & GROWTH OF LL:

Origin & Growth of LL may be ascribed to the development of organized industry
where a large number of workers including women and children are employed under
conditions which tend to be determined to the health, safety and welfare and against
which unable to protect themselves.

OBJECTIVES OF LL:
 To improve the services of the industrial labour, in order to provide basic
amenities of life
 To bring about industrial peace to accelerate productivity and increase the
economic prosperity of the country and to improve the condition of labour

NEED FOR LL:

1. In order to protect labour against long hours of work, unhygienic conditions of
work, low wages and exploitation, LL are needed.
2. In order to make provisions for the workers who are expressed to risk in
factories and mines and other establishment with regards to the health, safety
and welfare, LL are needed.
3. In order to increase the bargaining power of labour, LL is necessary to
encourage the formation of Trade Union.
4. In order to avoid industrial disputes which lead to strikes and lock outs, LL is
needed.
5. To protect children and women to work at odd hours and in hazardous process,
LL is necessary.
6. The laws for providing compensation to workmen who died or injured during
and in the course of employment are also needed.
7. LL advances the interest of working people and helps in the development of
national economy on a sound and self-reliant basis.

GROWTH OF LL IN INDIA:
1. Emergence of LL with the growth of industries
2. The British oppression in India led to the growth of Indian nationalism and
industrialization
3. The plantation industry in Assam was the first to attack legislative council.
4. The recruitment of workers in plantations is very difficult. The Factories Act
1881, The Mines Act 1901 gave importance to employer’s interest. The
Workmen compensation Act (Employers compensation Act – amendment) 1923
protected the interest of the workers.
5. LL has been enacted to promote conditions of labour to develop industry as well
as national economy. Since independence the government and the employers
fully understood the labour psychology and change in the attitude and outlook to
secure industrial peace and harmony.
UNIT I

ROLE OF LL IN INDIAN CONSTITUTION:

FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES OF STATE
POLICY:
In part III and IV of the Indian constitution highlights the importance in directing
and influencing LL in the country and host of fundamental rights under part III
Article-14: Equality before law
Article-15: Prohibition of discrimination on grounds of religion, race, caste, sex, and
place of birth
Article-16: Equality of opportunity in matter of public employment
Article-17: Abolition of untouchables
Article-19: Protection of fundamental freedom
Article-20: Protection of life and personal liberty
Article-21A: Education for children
Article-23: Prohibition of traffic in human beings and forced labour
Article-24: Prohibition of employment of children of children in factories, mines, etc.
Article-32: Remedies for enforcing, these rights conferred by this Part III
Any individual can approach to Supreme Court directly under Article 19 and Article
32, all the other acts to be enforced only to the High Courts. The fundamental rights are
enforceable in law courts and create justifiable rights in individual

DIRECTIVE PRINCIPLE OF STATE POLICY UNDER PART IV:

The Directive principles of state policy lay down guiding principles which states
ought to follow both in framing laws and enforcing them. They confer no legal rights
and create no legal remedies, but still they provide a good guide to the state in the
governance of the country.
Article-38: State to secure social order for promotion of welfare of the people
Article-39: Certain principles of policy to be followed by the state with regard to
democratic socialism
Article-39A: Equal justice and free legal aid
Article-41: Right to work, education and public assistance in certain cases.
Article-42: Provision for just and human conditions of work and maternity relief
Article-43: Living wage for workers
Article-43A: Participation of workers in management of industries
Article-45: Provision for free and compulsory education for children
Article-46: Promotional of educational and economic interest of SC/ST and weaker
sessions
Article-47: Duty of the state to raise the level of nutrition and the standard of living and
to improve public health
Aricle-48: Organization of agriculture and animal husbandry
The Indian constitution incorporates the concept of social justice as one of the
fundamental objects of state policy. The concept of industrial law is based on social
justice and social equity, remove the service conditions of the law and promote industrial
peace and hormone.
UNIT I

PRINCIPLES OF LL:
1. Principles of Social Justices:
Workmen compensation act 1923, Minimum wages act 1948 are attempts at
securing social justices to the workers. Provision of Factories act 1948, social justice is
the signature tune of the constitutions of India and this provision is for preventing
employees from injustices

2. Principles of social equity:

With the change of circumstance and ideas there may be a need for change in the
law. This power of changing the law is taken by the government making provision for
rule making powers in the acts in regard to certain specified matters. The rules may be
modified or amended by the government to suit the changed situation as modified
situation. Such legislation is based on the principle of social equity

3. Principle of International uniformity:

Another important principle base for the LL is the principle of International
uniformity. There is uniformity in labour legislation at international which is governed
by ILO.

ILO (INTERNATIONAL LABOUR ORGANIZATION)

The International Labour Organization (ILO) is devoted to advancing

opportunities for women and men to obtain decent and productive work in conditions of
freedom, equity, security and human dignity. Its main aims are to promote rights at work,
encourage decent employment opportunities, enhance social protection and strengthen
dialogue in handling work-related issues.

In promoting social justice and internationally recognized human and labour rights, the
organization continues to pursue its founding mission that labour peace is essential to
prosperity. Today, the ILO helps advance the creation of decent jobs and the kinds of
economic and working conditions that give working people and business people a stake
in lasting peace, prosperity and progress.

Origins and history

The ILO was founded in 1919, in the wake of a destructive war, to pursue a vision
based on the premise that universal, lasting peace can be established only if it is based
upon decent treatment of working people. ILO Head Quarters located Geneva in
Switzerland. The ILO became the first specialized agency of the UN in 1946.

ILO's vision of decent work

Work is central to people's well-being. In addition to providing income, work can

pave the way for broader social and economic advancement, strengthening individuals,
their families and communities. Such progress, however, hinges on work that is decent.
Decent work sums up the aspirations of people in their working lives.
UNIT I

Tripartism and social dialogue

The ILO is the only 'tripartite' United Nations agency in that it brings together
representatives of governments, employers and workers to jointly shape policies and
programmes. This unique arrangement gives the ILO an edge in incorporating 'real world'
knowledge about employment and work.

International labour standards

The ILO is the global body responsible for drawing up and overseeing
international labour standards. Working with its Member States, the ILO seeks to ensure
that labour standards are respected in practice as well as principle.

Working out of Poverty:

Poverty remains deep and widespread across the developing world and some
transition countries, with an estimated 2 billion people in the world today live on the
equivalent of less than USD 2 per day. In the view of the ILO, the main route out of
poverty is work.

4. Principle of National economic:

Labour legislation has been enacted to promote conditions of labour to develop

industry as well as national economy. Since independence the government and the
employers fully understood the labour psychology and change in the attitude and outlook
only to secure industrial peace and harmony

The Employers' Federation of India

The Employers' Federation of India (EFI) was established in 1933, as an association of

autonomous organizations of industry and was set up with the purpose of protecting,
promoting and championing the interests of employers mainly in the area of human
resources, industrial relations, labour problems and cognate matters. Apart from
relentlessly championing the cause of the employers in various for a nationally and
internationally, over the years, EFI has kept pace with the changing business scenario and
has provided need-based services to the employers in India. Employers' Federation of
India plays a special role as an apex body of employers' organizations and industries on
matters concerning labour, human resource management, industrial relations and other
related issues.