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.

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.

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, and
organization 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 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.

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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