History of Labour legislation

The growth and development of labour legislation n may be ascribed mostly to the development
of organized industry . The rapid development of industry and eagerness of the employer for
quick returns and easy profits tempted to exploit the submissive labour . the employees were
forced to work for long hours , with low wages , in poor sanitary conditions which ends in low
standards of living . the workers were sold like commodities and treated as slaves .

The rapid development of industries attracted the landless agricultural labour from village to
cities . The migrated labours faced lot of problems in and outside the industries . The health
of workers subjected to a severe strain due to many reasons , eg- difference of climate and
conditions of work , a defective dietary , excessive congestions , lack of sanitations . The fact
has a serious effect on health of workers and lowers their efficiency .

The modern industrial life , the wage earner , standing isolated , is in a very weak
bargaining position . The workers were unable to bargain with employers on fair terms and the
desire of higher profits on the part of employer leads to exploitation of the working class . Hence
they started forming g unions to improve their bargaining power.

1860 – Apprentice Act –basic object of the Act is to facilitate the training for children so when
they would come of age , they could earn their livelihood .

Employers ( Europeans ) were the first to organize and they were even successful in getting the
Workmen’s Breach of contract act passed in 1859 according to which the workers could be
prosecutes for leaving the job. Since then , the employer have organized themselves into strong
association known as Chambers of commerce , which have greatly influenced the Govt.s labour
policy from time to time .

1860 , Employers and workmen’s Dispute Act related to the penalties for workers , who were
guilty of breach of contract which was made a criminal offence .

In the early days whatever labour legislation was undertaken , was also with reference to
specific industries and not for the general class of industrial workers .

1875 – Factory commission

1877 – Strike in Empress Mill at Nagpur over wage rates .
1881- Factory Act
This Act was applicable to all establishment employing 100 or more persons and working for
more than 4 months in a year . It prohibited the employment of children below the age of 7
and those between 7 and 12 were not to work for more than 9 hours a day. they were also to
have one hour”s daily rest and four days holidays in a month. The Act also provided for the
fencing of dangerous machinery, reporting of the accidents and the appointment of factory
Inspector to enforce the measure . The Act gave no protection to adult workers, males or
females and left them entirely at the mercy of their employers.
The act did not satisfy the workers or their sympathisis and workers started agitating for
amendment.

1884 Factory commission _ Bombay Government - Recommended a legislation for

protection of children and women.
1890 International Labour Conference _ Berlin- recommendations were accepted by
England.
1890- Government of India appointed factory commission – on its recommendation.
1891- Factory Act – applicable to all establishments employing 50 or more labourers and
using power. The local Government would extend it to establishments employing 20 or
 more labourers if they so desired. The employment of children below 9 was prohibited
and those between 9-14 were not to work for more than 7 hours a day .Children and
women were not to be employed at night between 8 p.m and 5 a.m . Women were aiso
not to work for more than 11 hours a day and were entitled to a daily total rest of 11\2
hours .Aweekly day of rest was provided for all classes of workers and a rest of half
an hour between 12 noon and 2p.m was made compulsory for male labourers.The
Act also made extensive provisions for inspection, ventilation and sanitation of
factories .
The demand for compensation was raised as far back in 1855. The
Government took the initiative to pass Indian Fatal Accidents Act 1855 under which

1901- The Mines Act was enacted to regulate the working conditions in mines which
provided for appointment of Inspectors. The Act proved to be defective in
several directions and after a series of amendments was finally overhauled and
superseded by a more comprehensive Act in 1923.

Amended in 1928, 1935, 1935 , 1936, 1937, 1940 and 1946 and was finally replaced by
the INDIAN MINES ACT OF 1952.

1890- THE INDIAN RAILWAYS ACT

Amended in 1930 in consonance with Government ratification of two I.L.O
conventions i.e hours of work ( 1919) and weekly rest (1921)
The Indian ports Act 1908

Amended in 1922 and 1931 , finally the Dock workers( Regulation of Employment) act 1948

1911- The Factory Act

This led to appointmentof labour commission, which reported in 1908. As a result of its
recommendations a third Factory Act of 1911 was passed.

FA-1934
FA-1946-1948 * health
*safety
* welfare
* employment of women and children
* working conditions

The trade unions Act 1926

1918-B.P. WADIA- Madras Textile Labour Union, representative of 64 unions, on October 30

th ,1920 met and established the A.I.T.U.C. so , to regulate the conduct of unions, the T.U.Act
was enacted.
-certain privileges to office bearers
-Registration
- Duties and liabilities imposed
-registered office
-maintain General Fund.
-maintain political Fund
-Rights and privileges
-Immunity - criminal conspiracy
civil suit
Disqualification
Amalgamation
penalities| fines

Trade Disputes Act 1929 which embedded provision for compulsory Adjudication of
disputes and prohibits strikes and lock-outs in public utility services .

THE J. D AD -1947

- permanent machineries for settlement of disputes

- compulsory orbitration in public utility services

- Prohibits strikes and lock out durig the pendency of conciliation

- ID may be referred to an industrial dispute

Based on the recommendation of IL O , the Govt announced the proposal for Work mens
compensation legislation in 1921 , which were later accepted by the majority of the provincial
Government, finally the Act of 1923 was enacted . Before that Indian Fatal Accidents Act 1855.
It provides compensation to the injured worker during the course of employment
The Payment of Wages Act- 1986

Social security legislation

To r egulate the payment of wages in definite form and to restrict the unauthorized
deductions.

The Industrial Employment S.O. 1946

The Payment of Minimum Wages Act- 1948

E.S.I. Act – 1948 funderal

sickness
maternity
disablement
dependent
medical

Bonus-----1965
grauity---------1972
contract labour----1970
plantation labour ---- 1951
maternity benefit ------1965

OBJECT

1.To improve the working conditions of workers- F.A

2.To bring about industrial peace –I.D
3.To protect the interest of the workers-T.V
4.To provide compensation in case of death or injury to the workmen.
 - Indian Constitution and Labour

Fundamental Rights
Right to equality
Prohibition of discrimination on the grounds of religion , race sex or
place of birth – acces to shops , hotels , water tanks
Equality of oppurntuinity in the matters of pu blic employment or
appionment
Freedom of speech and expression, assembly and association , protection
of life and personal liberty and rights against exploitation
No child below the age of 14 years shall be employed to work in any
factory
23, forced labour

DPSP
39,e Healtha and strenthg of workers , men and women and the tender age of children are not
abused and cinzens are not forecde to enter avocations unsuited to their age or stendght
39 d equal pay for equala work
41, Effective provisopm for securing Right to work , to education and to public assistance in
certain cases

42, Provisons of just and humane conditions of work and maternity relief
43, Living wages for workers , conditions of work ensuring decent standard of life
43 A, state shall make suitable legislation for secure the participation of workers in the
management of industries