Abhishek Economics

35
SVKM’S NMIMS, SVKM’S NMIMS, School Of Law, Mumbai A Project Submitted On 19/08/2014 In Compliance To Partial Fullfilment Of The Marking Scheme ,For Trimester 1 Of The 2014-15 In The Subject Of Economics. SUBMITTED TO Bhukti SUBMITTED BY: MR. ABHISHEK SHUKLA ROLL NO :35

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Transcript of Abhishek Economics

Page 1: Abhishek Economics

SVKM’S NMIMS,

SVKM’S NMIMS,

School Of Law, Mumbai

A Project Submitted

On 19/08/2014

In Compliance To Partial Fullfilment Of The Marking Scheme ,For Trimester 1 Of The 2014-15 In The Subject

Of Economics.

SUBMITTED TO Bhukti

SUBMITTED BY: MR. ABHISHEK SHUKLA

ROLL NO :35

TIME:1:00 P.M COURSE: BA/LLB (HONS) TOPIC – Policy Programmes And Importance Of labour Laws With Refrence To Mining Industry.

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CONTENTS

SR. NUMBER

TITLE PAGE NUMBER

1. ABBREVIATIONS 2. TABLE OF CASES 3. RESEARCH

METHODOLOGY 4. MICRO ECONOMICS

ASPECT 5. RELATIONSHIP

BETWEENECONOMICS AND LAW

6. COMPARITIVE STUDY

7. CONCLUSION 8. RECOMMENDATIONS

AND SUGGESTIONS

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ABBREVIATIONS

SR. NUMBER

KEYWORD FULL FORM

1. SEC SECTION

2. PG PAGE

3. V. VERSUS

4. ASM ARTISIAN AND SMALL SCALE MINES

5. ILO INTERNATIONAL LABOUR ORGANIZATION

6. SC SUPREME COURT

7. WWW WORLD WIDE WEB

8. I.E. THAT’S IT

9. ETC. ETCETRA

10. UK UNITED KINGDOM

11. IND INDIA

12. USA UNITED STATES OF AMERICA

13. SCC SUPREME COURT CASES

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TABLE OF CASES

1) UP State Road Transport Corpn v. UP Parivahan Nigam Shishukh

Berozgar Sangh AIR 1995 SC 1114 = (1995) 2 SCC 1

2) Steel Authority of India v. National Union Water Front 2001(5)

SCALE 626 = 2001 LLR 961 = AIR 2001 SC 3527 = JT 2001(5) SC 602

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= 2001 III CLR 349 = (2001) 7 SCC 1 = 2001 LLN 135 = 2001 AIR

SCW 3574

3) Food Corporation of India Workers Union Vs Food Corporation of

India and others, 1992 LLJ (Guj)

4) RPFC v. T S Hariharan 1971 Lab IC 951 (SC)

5) RPFC v. Shiv Kumar Joshi (1996) 4 CTJ 805 = 1996 LLR 641

6) Delhi Cloth & General Mills Co. Ltd. v. Its Workmen, AIR 1970 SC

919

7) Indian Hume Pipe Co. Ltd. v. ts Workmen, AIR 1960 SC 251

8) B. Mohan Reddy vs. A.P.S. Co-op.Marketing Federation Ltd. 1990

(1)

LLN 820

9) Bombay Gas Public Ltd. Co. V/s. Papa Akbar and Anr. 1990 II LLJ

220

10) CIT v. Smt. Savitaben N. Amin [1986] 157 ITR 135 (Guj.)

TABLE OF STATUTES

1) Apprentices Act, 1961

2 ) Factories Act, 1948

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3) Industrial Disputes Act, 1947

4) Payment of Bonus Act, 1965

5) Payment of Gratuity Act, 1972

6)Workmen’s Compensation Act, 1923

7) Employees State Insurance Act, 1948

8)) Employees Provident Fund And Misc. Provisions Act,

1952

9) The Employment Exchanges (Compulsory Notification

of Vacancies) Act, 1959

10) Labour Laws (Exemption From Furnishing Returns &

Maintaining Registers By Certain Establishments) Act,

1988

RESEARCH METHODOLOGY

1.Relevance Of Labour Laws :

Labour laws constitute an essential component of Labour Policy in India aimed at imparting

certain basic rights to workers as enshrined in our Constitution. Labour law reforms are an

ongoing and continuous process and the Government has been introducing new laws and

amending the existing ones in response to the emerging needs of the workers in a constantly

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dynamic economic environment. Labour law also known as employment law is the body of laws,

administrative rulings, and precedents which address the legal rights of, and restrictions on,

working people and their organizations. As such, it mediates many aspects of the relationship

between trade unions,employers and employees. In other words, Labour law defines the rights

and obligations as workers,union members and employers in the workplace. Generally, labour

law covers:

1) Industrial relations – certification of unions, labour-management relations, collective

bargaining and unfair labour practices;

2)Workplace health and safety;

3) Employment standards, including general holidays, annual leave, working hours, unfair

dismissals, minimum wage, layoff procedures and severance pay.

Mining is a very patriarchal industry and the most hostile sector towards women. The historical

myth globally that the presence of women in the mine pits leads to collapse of mines and death of

miners itself resonates with the hostility and contempt towards women by the mining sector. If

mining were to be defined as a development activity as our governments and the mining industry

reiterate, we have to also analyse the economics of mining from the perspective of gender. Given

our country's experience of extensive mining operations ranging from rat hole mining to large

open-cast and under ground mines across different states, one has to closely examine what have

been the benefits in the form of incomes, livelihoods and food security that women enjoy -

whether rural or urban. Mining is a very patriarchal industry and the most hostile sector

towards women. The historical myth globally that the presence of women in the mine pits leads

to collapse of mines and death of miners itself resonates with the hostility and contempt towards

women by the mining sector. If mining were to be defined as a development activity as our

governments and the mining industry reiterate, we have to also analyse the economics of mining

from the perspective of gender. Given our country's experience of extensive mining operations

ranging from rat hole mining to large open-cast and under ground mines across different states,

one has to closely examine what have been the benefits in the form of incomes, livelihoods and

food security that women enjoy - whether rural or urban, dalit or tribal

2.Scope Of Study:

There are several limitations of this project too because as I was able to complete the entire

project but have missed some topics which I feel should be covered And depth study of some

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areas is also missing. I have done in depth study of only a part of the topic.In this project the

main topic which I have covered are relevance of labour laws,objective, it’s comparison with

other countries and at last have given some suggestions which I think should be there.

3.Objective Of Study:

The main objective of making this project is to tell various labour policies relating to mining

industries like:

1) Efficient functioning of Labour Department

2) Child labour act to be aggressively enforced

3) Joint cell of labour department and industries department to study changes in laws and

Rules

4)Social security cards for workers

5)Labour Law reforms in tune with the times. Empowered body of experts to suggest required

Changes

6) Modern medical facilities for workers

7) More labour sectors under Minimum Wages Act.

8) Reprioritization of allocation of funds to benefit vulnerable workers

And important labour laws relating to mining industries like:

1)The Mines Act, 1952

2) The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Act,

1976

3) The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act,

1976

4) The Mica Mines Labour Welfare Fund Act, 1946

5) The Industrial Disputes Act, 1947

6) The Factories Act, 1948

7) The Trade Unions Act, 1926

8)The Minimum Wages Act, 1948

And to tell the history of labour laws, evolution of labour laws and constitutional provisons with

regard to labour laws.

4 .Research Question:

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The research question of this project was the laws and policies relating to labours working in

mining industries.And to bring out the present scenario of it.Other main aspect was to compare

the labour laws of india with the other countries like U.K and USA.And the first and last aspect

was to give some valuable suggestions towards the topic.

5.Limitations Of Research:

The project fails to conduct a primary research thorough examination, interviews and surveys

due to lack of time and vague understanding. The research of the project limits to books and

internet content.

INTRODUCTION

1.ORIGIN:

Indian Mining Industry has been a major mineral producer in Asia and globally. Currently it is

the global producer of chromite, coal, iron ore and bauxite while enjoying economic growth

during the nineties. Mining is over 6000 years old in India. The oldest mines include lead-zinc

mineral deposits at Zawar, copper deposits at Khetri, and gold deposits in Karnataka. The

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mining techniques used back then were much ahead of their time and technology specially the

smelting techniques.. India's current state owned mining and benefitted companies have been

facing drastic production cuts, resulting in operations becoming uneconomical which has

eventually resulted in the closure of several mining operations. Reasons have been given as

lower grade reserves and excessive manpower quotas for poor results.Labour law arose due to

the demands of workers for better conditions, the right to organize, and the simultaneous

demands of employers to restrict the powers of workers in many organizations and to keep

labour costs low. Employers' costs can increase due to workers organizing to win higher

wages,or by laws imposing costly requirements, such as health and safety or equal opportunities

conditions.

Labour legislations enacted post independence of India have sought to tackle various problems

relating to working conditions, industrial safety, hygiene and welfare, wages, trade unionism,

social security, etc. Laws were also enacted to meet the special needs of mining industry and

commercial establishments, such as mines, plantations, factories, shops and establishments, etc .

In the year 1991, the Indian Government adopted a policy of economic liberalisation. The

resultant enhancement of competition in the fast-changing markets raised a new set of

challenges since Indian labour laws (including the social security laws) were traditionally

inclined to be protective of labour and not conducive to competition in the mining industry . With

greater mobility and flexibility in the labour markets becoming the need of the hour, labourshave

consistently argued in the last decade or so that the excessively pro-worker nature of Indian

labour laws in the organised sector is a cause for concern. This has caused the Government to

consider reforms in labour laws in India. Recommendations designed to give the mining industry

appropriate flexibility for it to be in a position to compete in the international markets are under

consideration. It can consequently be said that the mining industry has started moving away

from a „protectionist‟ and closed model towards a more competitive and open model.

2.HISTORICAL PERSPECTIVE:

Indian labour law is closely connected to the Indian independence movement, and the campaigns

of passive resistance leading up to independence. While India was under colonial rule by

the British Raj, labour rights, trade unions, and freedom of association were all suppressed.

Workers who sought better conditions, and trade unions who campaigned through strike action

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were frequently, and violently suppressed. After independence was won in 1947, the Constitution

of India of 1950 embedded a series of fundamental labour rights in the constitution, particularly

the right to join and take action in a trade union, the principle of equality at work, and the

aspiration of creating a living wage with decent working conditions.

India’s Labour Policy is mainly based on Labour Laws. The labour laws of independent India

derive their origin, inspiration and strength partly from the views expressed by important

nationalist leaders during the days of national freedom struggle, partly from the debates of the

Constituent Assembly and partly from the provisions of the Constitution and the International

Conventions and Recommendations. The relevance of the dignity of human labour and the need

for protecting and safeguarding the interest of labour as human beings has been enshrined in

Chapter-II (Articles 16, 19, 23 & 24) and Chapter IV (Articles 39, 41, 42, 43,43A & 54) of the

Constitution of India keeping in line with Fundamental Rights and Directive Principles of State

Policy. The Labour Laws were also influenced by important human rights and the conventions

and standards that have emerged from the United Nations. These include right to work of one’s

choice, right against discrimination, prohibition of child labour, just and humane conditions of

work, social security, protection of wages,redressal of grievances, right to organize and form

trade unions, collective bargaining and participation in management. Our labour laws have also

been significantly influenced by the deliberations of the various Sessions of the Indian Labour

Conference and the International Labour Conference. Labour legislations have also been

shaped and influenced by therecommendations of the various National Committees and

Commissions such as First National Commission on Labour (1969) under the

Chairmanship of Justice Gajendragadkar, National Commission on Rural Labour (1991),

Second National Commission on Labour (2002) under theChairmanship of Shri Ravindra Varma

and the National Commission for Enterprises in the Unorganised Sector (NCEUS) (2009) under

the Chairman of Dr. Arjun Sengupta. In addition there have been a number of judicial

pronouncements on labour laws which have helped to arrive at a better interpretation of these

laws and at times given a new direction to their implementation.

3)Current Purpose Of Labour Legislation:

Labour legislation that is adapted to the economic and social challenges of the modern world of

work fulfils three crucial roles:

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1) it establishes a legal system that facilitates productive individual and collective employment

relationships, and therefore a productive economy

2) by providing a framework within which employers, workers and their representatives can

interact with regard to work-related issues, it serves as an important vehicle for achieving

harmonious industrial relations based on workplace democracy.

3) provides a clear and constant reminder and guarantee of fundamental principles and

rights at work which have received broad social acceptance and establishes the processes

through which these principles and rights can be implemented and enforced.

4)ROLE OF ILO IN PRESENT SCENARIO:

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.It meets three times a year, in March, June and

November. It takes decisions on ILO policy, decides the agenda of the International Labour

Conference, adopts the draft programme and budget of the organisation for submission to the

conference, and elects the director-general. The Governing Body is composed of 28 government

representatives, 14 workers' group representatives, and 14 employers' group representatives.

Ten of the government seats are held permanently by Brazil, China, France, Germany, India,

Italy, Japan, the Russian Federation, the United Kingdom, and the United States.

MICRO AND MACRO ECONOMICS ASPECT OF LABOUR MARKETThere are two sides to labour economics. Labour economics can generally be seen as the

application of microeconomic or macroeconomic techniques to the labour market.

Microeconomic techniques study the role of individuals and individual firms in the labour

market. Macroeconomic techniques look at the interrelations between the labour market, the

goods market, the money market, and the foreign trade market. It looks at how these interactions

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influence macro variables such as employment levels, participation rates, aggregate income

and Gross Domestic Product

1.Macro Economics Aspect:

The labour force is defined as the number of individuals age 16 and over, excluding those in the

military, who are either employed or actively looking for work. The participation rate is the

number of people in the labour force divided by the size of the adult civilian noninstitutional

population (or by the population of working age that is not institutionalised). The nonlabour

force includes those who are not looking for work, those who are institutionalised such as in

prisons or psychiatric wards, stay-at home spouses, children, and those serving in the military.

The unemployment level is defined as the labour force minus the number of people currently

employed. The unemployment rate is defined as the level of unemployment divided by the labour

force. The employment rate is defined as the number of people currently employed divided by the

adult population (or by the population of working age). In these statistics, self-employed people

are counted as employed.

Variables like employment level, unemployment level, labour force, and unfilled vacancies are

called stock variables because they measure a quantity at a point in time. They can be contrasted

with flow variables which measure a quantity over a duration of time. Changes in the labour

force are due to flow variables such as natural population growth, net immigration, new

entrants, and retirements from the labour force.

2)Micro Economics:

Micro economics view the labour market as similar to other markets in that the forces of supply

and demand jointly determine price (in this case the wage rate) and quantity (in this case the

number of people employed).

However, the labour market differs from other markets (like the markets for goods or the money

market) in several ways. Perhaps the most important of these differences is the function of supply

and demand in setting price and quantity. In markets for goods, if the price is high there is a

tendency in the long run for more goods to be produced until the demand is satisfied. With

labour, overall supply cannot effectively be manufactured because people have a limited amount

of time in the day, and people are not manufactured.

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The labour market also acts as a non-clearing market.Whereas most markets have a point of

equilibrium without excess surplus or demand, the labour market is expected to have a persistent

level of unemployment. Contrasting the labour market to other markets also reveals

persistent compensating differentials among similar workers. The competitive assumption leads

to clear conclusions — workers earn their marginal product of labour. Households are suppliers

of labour. In microeconomics theory, people are assumed to be rational and seeking to maximise

their utility function. In this labour market model, their utility function is determined by the

choice between income and leisure. However, they are constrained by the working hours

available to them.

2.Different Theories Of Micro Economics:

a)Consumer Demand Theory- Consumer demand theory relates preferences for the consumption

of both goods and services to the consumption expenditures; ultimately, this relationship

between preferences and consumption expenditures is used to relate preferences to consumer

demand curves. The link between personal preferences, consumption and the demand curve is

one of the most closely studied relations in economics. It is a way of analyzing how consumers

may achieve equilibrium between preferences and expenditures by maximizing utility subject to

consumer budget constraints.

b)Theory Of Production: Production theory is the study of production, or the economic process

of converting inputs into outputs. Production uses resources to create a good or service that is

suitable for use, gift-giving in a gift economy, or exchange in a market economy. This can

include manufacturing, storing, shipping, and packaging. Some economists define production

broadly as all economic activity other than consumption. They see every commercial activity

other than the final purchase as some form of production.

c)Game Theory-Game theory  is a major method used in mathematical economics and business

for modeling competing behaviors of interacting agents. Applications include a wide array of

economic phenomena and approaches, such as auctions, bargaining, mergers &

acquisitions pricing, fair division, duopolies, oligopolies, social network formation, agent-based

computational economics, general equilibrium, mechanism design,and voting systems, and

across such broad areas as experimental economics, behavioral economics,information

economics, industrial organization, and political economy.

3.DIAGRAMS:

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a)Share of mining industry in whole india-

b)Perfectly competitive labor Market

RELATIONSHIP BETWEEN ECONOMICS AND LAW

Law and economics,” also known as the economic analysis of law, differs from other forms of

legal analysis in two main ways. First, the theoretical analysis focuses on EFFICIENCY . In simple

terms, a legal situation is said to be efficient if a right is given to the party who would be willing

to pay the most for it. There are two distinct theories of legal efficiency, and law and economics

scholars support arguments based on both. The positive theory of legal efficiency states that the

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common law (judge-made law, the main body of law in England and its former colonies,

including the United States) is efficient, while the normative theory is that the law should

beefficient. It is important that the two theories remain separate. Most economists accept both.

Law and economics stresses that markets are more efficient than courts. When possible, the legal

system, according to the positive theory, will force a transaction into the market. When this is

impossible, the legal system attempts to “mimic a market” and guess at what the parties would

have desired if markets had been feasible.

The second characteristic of law and economics is its emphasis on incentives and people’s

responses to these incentives. For example, the purpose of damage payments in accident (tort)

law is not to compensate injured parties, but rather to provide an incentive for potential injurers

to take efficient (cost-justified) precautions to avoid causing the accident. Law and economics

shares with other branches of economics the assumption that individuals are rational and

respond to incentives. When penalties for an action increase, people will undertake less of that

action. Law and economics is more likely than other branches of legal analysis to use empirical

or statistical methods to measure these responses to incentives.

The private legal system must perform three functions, all related to property and PROPERTY

RIGHTS . First, the system must define property rights; this is the task of property law itself.

Second, the system must allow for transfer of property; this is the role of contract law. Finally,

the system must protect property rights; this is the function of tort law and criminal law. These

are the major issues studied in law and economics. Law and economics scholars also apply the

tools of economics, such as GAME THEORY , to purely legal questions, such as various parties’

litigation strategies. While these are aspects of law and economics, they are of more interest to

legal scholars than to students of the economy.

2.STUDY IN LIGHT OF PRESENT CONSTITUTIONAL FRAMEWORK:

Under the Constitution of India, Labour is a subject in the concurrent list where both the Central

and State Governments are competent to enact legislations. As a result , a large number of

labour laws have been enacted catering to different aspects of labour namely, occupational

health,safety, employment, training of apprentices, fixation, review and revision of minimum

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wages, mode of payment of wages, payment of compensation to workmen who suffer injuries as a

result of accidents or causing death or disablement in mines, bonded labour, contract labour,

women labour and child labour, resolution and adjudication of industrial disputes, provision of

social security such as provident fund, employees’ state insurance, gratuity,provision for

payment of bonus, regulating the working conditions of certain specific categories of workmen

such as plantation labour, beedi workersetc. The legislation can be cateogarized as follows-

1) Labour laws enacted by the Central Government, where the Central Government has the

sole responsibility for enforcement.

2) Labour laws enacted by Central Government and enforced both by Central and State

Governments.

3) Labour laws enacted by Central Government and enforced by the State Governments.

4) Labour laws enacted and enforced by the various State Governments which apply to

respective States.

Some of them are-:

1)The Mines Act, 1952

2)The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess)

Act, 1976

3) The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act,

1976

4) The Mica Mines Labour Welfare Fund Act, 1946

5) The Child Labour (Prohibition and Regulation) Act, 1986

6) The Industrial Disputes Act, 1947

7) The Industrial Employment (Standing Orders) Act, 1946

8) The Personal Injuries (Compensation Insurance) Act, 1963

9) The Personal Injuries (Emergency Provisions) Act, 1962

10)The Building and Other Construction Workers Cess Act, 1996

11) The Apprentices Act, 1961

3.RECENTLY AMENDED ACTS RELATED TO LABOUR LAWS:

Review / updation of labour laws is a continuous process andchanges are effected in labour laws

from time to time by the Government inorder to bring them in tune with the emerging needs of

the economy andafter detailed discussion with the stakeholders. The following Acts were

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amended recently:

A)The Employees’ Compensation Act, 1923 (earlier called ‘theWorkmen’s Compensation Act,

1923) was amended w.e.f 18.01.2010 to, inter-alia:1) increase the wage ceiling limit from Rs.4,000/- to Rs.8,000/- per

Month

2) enhance the compensation for death, disablement, funeral expenses

3) make compensation gender neutral.

B) The Industrial Disputes Act, 1947 was amended w.e.f.15.09.2010 to:

1) Empower the labour Court or tribunal to execute awards.

2) establish Grievance Redressal Machinery.

3) enhance the wage ceiling from Rs.1,600/- to Rs.10,000/- per month

to cover workmen working in supervising capacity.

4)BILL INTRODUCED RELATING TO MINES:The Mines Act, 1952 Amendment Bill was introduced in Rajya Sabha on 23.03.2011 to make it

more relevant and effective in the present economic scenario. The new Bill proposes to:-

A) Impose heavier fines and increase terms of imprisonment for any violation of the provisions of

the Act affecting the safety and security of workers;

B) Cover the whole of India including areas coming under the jurisdiction of Territorial Waters,

Continental Shelf , Exclusive Zones and other Maritime Zones Act, 1976.

C) Revise the definitions of “owner”, “foreign company” and directorsliving abroad relevant to

present times.

COMPARITIVE STUDY

A)Comparison Of Labour Legislation Between India And Other Countries –

1) India:The law relating to labour and employment in India is primarily known under the

broad category of "Industrial Law". The prevailing social and economic conditions have been

largely influential in shaping the Indian labour legislation, which regulate various aspects of

work such as the number of hours of work, wages, social security and facilities provided.

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The labour laws of independent India derive their origin, inspiration and strength partly from

the views expressed by important nationalist leaders during the days of national freedom

struggle, partly from the debates of the Constituent Assembly and partly from the provisions of

the Constitution and the International Conventions and Recommendations. The relevance of the

dignity of human labour and the need for protecting and safeguarding the interest of labour as

human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and Chapter IV

(Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental

Rights and Directive Principles of State Policy. The Labour Laws were also influenced by

important human rights and the conventions and standards that have emerged from the United

Nations. These include right to work of one’s choice, right against discrimination, prohibition of

child labour, just and humane conditions of work, social security, protection of wages, redress of

grievances, right to organize and form trade unions, collective bargaining and participation in

management. The labour laws have also been significantly influenced by the deliberations of the

various Sessions of the Indian Labour Conference and the International Labour Conference.

Labour legislations have also been shaped and influenced by the recommendations of the

various National Committees and Commissions such as First National Commission on Labour

(1969) under the Chairmanship of Justice Gajendragadkar, National Commission on Rural

Labour (1991), Second National Commission on Labour (2002) under the Chairmanship of Shri

Ravindra Varma etc. and judicial pronouncements on labour related matters specifically

pertaining to minimum wages, bonded labour, child labour.

Under the Constitution of India, Labour is a subject in the concurrent list where both the Central

and State Governments are competent to enact legislations. As a result , a large number of

labour laws have been enacted catering to different aspects of labour namely, occupational

health, safety,employment, training of apprentices, fixation, review and revision of minimum

wages, mode of payment of wages, payment of compensation to workmen who suffer injuries as a

result of accidents or causing death or disablement, bonded labour, contract labour, women

labour and child labour, resolution and adjudication of industrial disputes, provision of social

security such as provident fund, employees’ state insurance, gratuity, provision for payment of

bonus, regulating the working conditions of certain specific categories of workmen such as

plantation labour, beedi workers etc.

Australian labour law has had a unique development that distinguishes it from other English

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speaking jurisdictions.

2)AUSTRALIA:

In 1904 the Conciliation and Arbitration Act was passed mandating "Conciliation and

Arbitration for the Prevention and Settlement of Industrial Disputes extending beyond the Limits

of any one State". In 2005, the Work Choices Act removed unfair dismissal laws, removed the

"no disadvantage test", and made it possible for workers to submit their certified agreements

directly to Workplace Authority rather than going through the Australian Industrial Relations

Commission. There were also clauses in WorkChoices that made it harder for workers to strike,

made it easier for employers to force their employees onto individual workplace agreements

rather than collective agreements, and banning clauses from workplace agreements which

supported trade unions.

The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act

2005, or Work Choices, which came into effect in March 2006, was a comprehensive change to

industrial relations in Australia.

3)FRANCE :

In France the first labour laws were Waldeck Rousseau's laws passed in 1884. Between 1936

and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid

vacation for workers, and a law limiting the work week to 40 hours, excluding overtime. The

Grenelle accords negotiated on May 25 and 26th in the middle of the May 1968 crisis,

reduced the working week to 44 hours and created trade union sections in each enterprise.

The minimum wage was also increased by 25%. In 2000 Lionel Jospin's government then

enacted the 35-hour workweek, down from 39 hours. Five years later, conservative prime

minister Dominique de Villepin enacted the New Employment Contract (CNE). Addressing

the demands of employers asking for more flexibility in French labour laws, the CNE sparked

criticism from trade unions and opponents claiming it was lending favour to contingent

work. In 2006 he then attempted to pass the First Employment Contract (CPE) through a

189 vote by emergency procedure, but that it was met by students and unions' protests.

President Jacques Chirac finally had no choice but to repeal it.

4)UNITED KINGDOM:

United Kingdom labour law is that body of law which regulates the rights, and obligations of

trade unions, workers and employers in the United Kingdom. Labour law, often also referred to

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as "employment law" has developed rapidly over the past forty years, due to a historically strong

trades union movement and the United Kingdom's membership of the European Union (since

1973). In its current form, it is largely a creature of statute rather than Common Law. Leading

employment law statutes include the Employment Rights Act 1996, the Employment Act 2002

and various legislative provisions outlawing discrimination on the grounds of sex, race,

disability,sexual orientation, and religion and from 2006.Labour related laws of UK are-

1)Employment Rights Act, 1996

2) Health and Safety at Work etc. Act, 1974

3) National Minimum Wage Act, 1998

4)Equality Act, 2006

5) Sex Discrimination Act 1975

6) Equal Pay Act 1970

5)CHINA:

Labour Law in the People's Republic of China has become a issue with the soaring numbers of

factories and the fast pace of urbanization. The basic labour laws are the Labour Law of

People's Republic of China (promulgated on 5 July 1994) and the Law of the People's Republic

of China on Employment Contracts (Adopted at the 28th Session of the Standing Committee of

the 10th National People's Congress on June 29, 2007, Effective from January 1, 2008.

According to the new 98-article-long "Labor Contract Law", employees of at least 10 years

standing are entitled to contracts that protect them from being dismissed without cause. The

new law also requires employers to contribute to employees' social security accounts and sets

wage standards for employees on probation and working overtime. China's new labor contract

law targets, primarily domestic companies that do not have labor contracts and that generally

fail to comply with China's old laws.

CONCLUSIONThis project deals with the salient features and trends of labour laws prevailing in India, and

the major issues to be considered by a labour in India, depending on the nature, size and

location of the industry as well as the nature of the labours‟ duties and responsibilities.

Thinking about labour law in India requires us to think not merely about the application of a

set of legal or regulatory conventions governing labour in a particular society. It also requires

us to think about what ‘labour law’ might mean in varying economic and social contexts. In

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certain respects Indian labour law is much like the labour law of developed industrial

societies. It has extensive legislation providing for minimum standards of employment, social

security, occupational health and safety and so on. Its labour law legalises trade unions and

their activities, and provides a framework for the settlement of industrial disputes. It legalises

industrial action in pursuit of collective interests. Yet, as we have seen, formally the labour

law of India covers only a very small percentage of the Indian workforce, and even among

that cohort the law’s application in practice is lax to say the least. Neither of the two principal

objects of the labour law system identified in this project appears to have been met in practice.

To all intents and purposes then, this is a non-functioning system.

If we were to adopt a fairly conventional approach to labour law, i.e. if we were to confine

our inquiry to the usual parameters of labour law subject matter, it would follow that our

investigation would extend to a number of consequent questions and issues. These might

include an examination of the limited coverage of Indian labour law amongst classes of

workers, business establishments and particular occupations, and the reasons for those

limitations; the weaknesses and failings of the enforcement system; and how to extend the

idea of labour law to what are labelled ‘precarious’, ‘marginal’ or ‘atypical’ labour.

However, in our opinion such an approach would fail to deal adequately with the problems

identified. India is a ‘quasi’-industrialised society. It has a rapidly growing economy, but it is

not industrialising in a way that might have been anticipated following independence. If

there is to be an ongoing international and comparative discussion in labour law, particularly

one involving major nations such as China, India and UK and so on, we cannot shape

the discussion about labour law in so confined a manner. We cannot assume that developing

countries will necessarily industrialise in ways similar to the pattern set by earlier

developers. Some further line of investigation by labour lawyers is needed in order to

discover what truly is 'regulating' 'labour' in India.

One such line of inquiry is suggested in the form of the novel social protection initiatives

being introduced in India. These include the Mahatma Ghandi National Rural Employment

Guarantee Scheme which is designed to provide a minimum income through a right to work

guarantee to the very poor, and the Unorganized Sector Workers' Social Security Bill 2008

which is designed, eventually, to extend a social welfare network of schemes embodying life

and disability cover, health and maternity benefits, old age protection and so on to the 60

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million or so workers in the unorganised sectors of the economy and their families. These

kinds of laws and regulations are not typically part of labour law discourse; they tend to be

included at the margins, if at all. Yet, the study of labour law in India suggests that we should

be looking at a multi-faceted approach to labour regulation. Where formal or conventional

ideas of labour law are ineffective or irrelevant, something else is relevant to labour's

condition. In India that includes the extensive influence of custom, caste, religion and class in

determining the rights of labour and the protections extended to it. This suggests that a new

approach is warranted.

SUGGESTIONS/RECOMMENDATIONSAfter making and understanding the project I would like to give some suggestions which I think

are valuable to the best of my knowledge and are as follows-

1) The mining sector is amongst the greatest source of employment so it must be ensured that

the labors are not harassed. The laws should be different and simplified for the mining industries

for facilitating growth of this sector, though benefits for the workers should not be compromised.

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2) A single, simplified and comprehensive Act for the mining industries should be there as it is

cumbersome to comply with the various provisions of labour laws.

3) There should be uniform labour laws as objective of every labour Act is different and also it

cannot be under single definition.4) For social security of workers, there should be only one Act and there has to be single rate of

contribution such as provident funds, employees’ state insurance.5) Wage payments should be made through cheques and RBI should change its policy so that

even zero balance in accounts can be maintained.

6) Social security benefits should also be available to employers especially in the mining

industries.

7) Most of the mining industries are suppliers to the large industrial units who avail the benefits

from the products of these mining industries while employing less labour force. Therefore, there

should be a system of cross subsidization where the large corporates should provide more

contribution for provident funds and social security in comparison tomining industries. This will

encourage the growth of small scale sector and thus promote employment also.

8) Regarding amendment to the Minimum Wages Act, 1948, the different components of the

minimum wage should be clearly defined.

9) While supporting that minimum wages should be paid to contract workers it may not be

desirable to equate the wages of a contract worker with wages of a regular worker with many

more years of experience

10) Equating the wages of contract labour with that of regular worker will not be appropriate,

as the selection process for a contract worker and regular worker differ and also the quality and

skill of both may be different.

2.RECOMMENDATIONS:

At the top of my analysis i might prefer to recommend some points that i believe ought

to be enforced and implemented to the labour laws in india and are as follows :

1) In hazardous industries like mining industries many labours migrate from one State to

another but no record is maintained anywhere. An Inter State Council or any other mechanism

should be made to look into this issue.

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2) One law should take care of all whether it is organized or unorganized class of workers

3) There should be some method for resolving disputes and it should not always be through

slogan shouting, strikes etc. Issues should be solved through goodwill and not with confrontation

4) Regarding Trade Union Law, we have to redefine the organizational requirement for redressal

issue of grievances of workers and trade Unions should not necessarily be flag bearers of

political parties.

5) The Labour Department should be strengthened to enforce the labour regulations in mining

industries and the Planning Commission should make financialprovision for employing adequate

number of Labour EnforcementOfficers (LEO) in States.

6) The fines imposed under labour laws are not sufficiently deterrent as the quantum of fines has

not been revised over time. Sometimes it becomes more profitable to violate the labour laws

rather than to implement it.

7) Regarding the Minimum Wages Act, 1948, wages should be defined clearly giving basic and

DA so that social security benefits and other allowances can be properly reflected. The

honorarium provision should be clearly specified and kept separate.

8) On the Child Labour (Prohibition) Act, 1986, it could be considered to make employment of a

child below the 14 years age illegal in the employment code to support the implementation of

Right to Education Act.9) Alternately, more number of activities may be included under the schedule of this Act, where

child labour is prohibited. Prohibition of child labour from mining industries is strongly

recommended.

10) An insurance scheme should be started for the retrenched workers from the time mining

industry commenced operations, so that workers were not put to hardship later.

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