labor & constitution

“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


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


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.


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.



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.



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.


12.2 Constitutional FrameworkArticle 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.



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.



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.



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.


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.


12.3 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.



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,



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, andorganization of vocational & technical education.



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



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.



Three main functions of ILO to establish international labour standardsto collect & disseminate information on labour & industrial conditionsto 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.



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.



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.



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.



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.


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


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.


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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