reference: A.M Sarma

1. Labour and the Constitution
Presented by- Rohini B. Agre (108)

2. Learning ObjectivesThe 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 organisation (ILO) and its role in
pursuit of social justice
The role of law in industrial relation

3. Contents
1. Introduction
2. Constitutional Framework
3. Social Justice
4. ILO – in Pursuit of Social
Justice
5.Role of Law in Industrial
Relations

4. 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.

5. contd...
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.

6. 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

7. contd...
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.

8. contd...
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.

9. contd...
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.

10. contd...
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.

11. contd...
Social security under these articles was provided by
enacting ESI act in 1948 which included benefits like
sickness & extended sickness, maternity, disablement,
dependents' funeral and medical benefits
Employees' PF act and Maternity benefits acts are
also social security measures
Apprenticeship Act supplemented institutional
training on-the-job training and regulated the
training arrangement in industry.

12. 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 and its aim is to remove socio economic
disparities. It adopts a realistic and pragmatic
approach

13. contd...
In a 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.

14. 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 of 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,

15. contd...
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.

16. ILO further declares
1. that labour is not a commodity;
2. that freedom of expression and
association is essential for sustained
progress;
3. that poverty anywhere constitutes
a danger to prosperity everywhere
and...

17. contd...
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
and dmocratic decision for the promotion
of common welfare

18. Three main functions of ILO:
i. To establish international labour standards
ii. To collect & disseminate information on
labour & industrial conditions
iii. 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.

19. contd...
 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
essentially a guide to national action.

20. contd...
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.

21. 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.

22. contd...
Some believe that the law should fulfill an abstentionist
role. All substantive 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.

23. 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

24. contd...
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.

25. Thank you