Apurv Labour

Role of ILO in Welfare of Labour

A PROJECT REPORT ON

ROLE OF ILO IN WELFARE OF LABOUR

SUBMITTED TO

Mr. Manoj Kumar

(FACULTY – LABOUR LAW)

SUBMITTED BY

Apurv Shukla

SEMESTER – V

ROLL NO– 21

BATCH – 10

DATE OF SUBMISSION: – 12-10-2012

Hidayatullah national law university

Raipur (c.g.)

A Project Report on Labour Law

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ACKNOWLEDGEMENT

This project has been prepared in consideration within the available time and resources.

On completion of this project satisfactorily and successfully land new in the midst of

elation at this movement. On the culmination of finishing my project, I am in dept to all

those who helped me continuing my task, up till end especially to my lecturers who

were the sources of constant inspiration and encouragement for the completion of this

project. I owe a deep sense of gratitude and in debt to our lecturers for giving us

opportunity to write this and help us and guide us with through out this project. To make

subject clearer suitable details have been given. Errors do creep of every care has been

taken as it is well known fact that it is impossible to escape the devil of errors. Words fail

to express my deep sense of glee to my honorable teacher, Mr. Manoj Kumar, who

enlightened me with his beautiful work on this topic. I would like to thank him for

guiding me in doing all sorts of researches, suggestions and having discussions regarding

my project topic by devoting his precious time. My heartiest thanks also go to H.N.L.U

for providing Library, Computer and Internet facilities. And lastly I thank my friends,

seniors and all those around me who have helped me in the completion of this project in

collecting and locating all the required source of materials. It is my great pleasure to

acknowledgement my deep sense of gratitude to our teachers for their valuable guidance

and thanks to all my friends for their valuable contribution and help in completion of the

project.

Submitted by

Mr. Apurv Shukla


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CONTENTS

I. Research Methodology………………………………………………………….04

II. Objectives……………………………………………………………………….04

III. Introduction to ILO…………………………….……………….……………….05

IV. Chapter-1 Concepts of Labour Welfare…...………………………………….....06

Definitions…………………………………………………………………...08

Features……………………………………………………………………....08

Objectives………………………………………………………………...….09

Principle…………………………………………………………………..….10

Approaches………………………………………………………………..…11

V. Chapter-2 Impact of Labour Laws in India……………………………………...12

Core Conventions……………………………………………………………13

Labour Legislations………………………………………………………….13

Areas of ILO

activities……………………………………………………….15

1952 ILO Convention………………………………………………………..18

VI. Conclusion………………...……………………………………………………..20

VII. Bibliography ……………….……..………………...…..……………………….21


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RESEARCH METHODOLOGY

The sources of data for this project are secondary in nature, including books, articles, law

journals and online resources. The mode of writing in this project is descriptive and

analytical.

OBJECTIVES

To study Role of ILO in labour welfare

To analyze the application of acts of ILO in labour laws of India


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INTRODUCTION TO ILO

The International Organization (ILO) was set up in 1919 as a part of the League of

Nations for the promotion of universal peace through social justice. The ILO was

the only international organization that survived the Second World War even after

the dissolution of parent body, the League of Nations. It became the first specialized

agency of the United Nations in 1946 in accordance with the agreement entered into

two organizations.

The aims and purposes of the ILO are set up in the Preamble to its Constitution and

in the Declaration of Philadelphia, adopted in 1944, and formally appended to the

constitution in 1946.The Preamble affirms that universal peace can be established

only if it is based upon social justice, draws attention to the existence of conditions

of the labour involving injustice, hardships to a large number of people and declares

that improvement in these conditions is urgently required through such means as the

regulation of hours of work ,prevention of unemployment, provision of adequate

living wages, protection of workers against sickness, disease and injury arising out

of employment, protection of children, young persons and women, protection of the

interest of migrant workers, recognition to the principles of association and also

states that the failure of any nation to adopt human conditions of labour is an

obstacle in the way of other nations desiring to improve labour conditions in their

own countries.

The Organization is financed by contributions paid by the governments of the

member nations, annually. The contribution made by each member state is

determined as a percentage of the total expenditure.

The ILO consists of three principle organs, namely –the International Labour

Conference, the Governing body and the International Labour Office. The

International Labour Conference is the supreme deliberative body of the ILO and


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acts as the legislative wing of the organization. The International Labour

Conference elects the governing body and adopts international labour standards in

the form of Conventions and Recommendations collectively known as the

International Labour Code and provides a forum for discussion on social and labour

questions. The Governing Body functions as the executive wing of the organization.

The Governing Body appoints Director-General and prepares the agenda for the

conference. It consists of 56 members, 28 representing governments, 14 employers

and 14 workers. The International Labour office, whose headquarters are located in

Geneva, provides the secretariat for all conferences and other meeting and is

responsible for day-to-day implementation of the administrative and other decisions

of the conference, and the Governing Body.

Chapter-1 CONCEPT OF LABOUR WELFARE1

Labour Welfare is the provision and maintenance of the conditions of life for labour

individuals by the community.

The term welfare refers to a state of living of an individual or group in a desirable

relationship with total environment – ecological, economic, and social.

Conceptually as well as operationally, labour welfare is a part of social welfare which, in

turn, is closely linked to the concept and the role of the State. The concept of social

welfare, in its narrow contours, has been equated with economic welfare.

Pigou defined it as “that part of general welfare which can be brought directly or

indirectly into relations with the measuring rod of money” (Pigou, 1962). According to

Willensky and Labeaux, social welfare alludes to “those formally organized and socially

sponsored institutions, agencies and programmes which function to maintain or improve

the economic conditions, health or interpersonal competence of some parts or all of a

population” (Willensky and Labeaux, 1918).

1 O P MALHOTRA, ‘The Law of Industrial Disputes’, BUTTERWORTHS , NEW DELHI, VOL. 1 AND VOL. 2,

6TH EDITION, 2004


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Labour welfare is an extension of the term Welfare and its application to labour. During

the industrialization process, the stress on labour productivity increased; and brought

about changes in the thinking on labour welfare. An early study under the UN observed

as follows “in our opinion most underdeveloped countries are in the situation that

investment in people is likely to prove as productive, in the purely material sense, as any

investment in material resources and in many cases, investment in people would lead to a

greater increase of the flow of goods and services than would follow upon any

comparable investment in material capital” (UN, 1951). The theory that welfare

expenditure, especially expenditure on health and education, is productive investment has

led to the view that workers could work more productively if they were given a fair deal

both at the work place and in the community.

The concept of labour welfare is flexible and elastic and differs widely with

time, region, industry, social values and customs, degree of industrialization, the general

socio-economic development of the people and the political ideologies prevailing at a

particular time. It is also molded according to the age-groups, socio-cultural background,

marital and economic status and educational level of the workers in various industries

In its broad connotation, the term welfare refers to a state of living of an

individual or group in a desirable relationship with total environment – ecological,

economic, and social. Conceptually as well as operationally, labour welfare is a part of

social welfare which, in turn, is closely linked to the concept and the role of the State.

The concept of social welfare, in its narrow contours, has been equated with economic

welfare. As these goals are not always be realized by individuals through their efforts

alone, the government came into the picture and gradually began to take over the

responsibility for the free and full development of human personality of its population.

However, labour welfare has both positive and negative sides associated to

it. On the positive side, it deals with the provision of opportunities which enable the

worker and his family to lead a good life, socially and personally, as well as help him to

adjust social transition in his work life, family life and social life. On the negative side it

functions in order to neutralize the baneful effects of large scale industrialization and

provide a counterbalance to the undesirable social consequences and labour problems

which have evolved in the process of this transition.


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The word labour means any productive activity. In a broader sense,

therefore, the phrase labour welfare means the adoption of measures to promote the

physical, social, psychological and general well-being of the working population.

Welfare work in any industry aims, or should aim, at improving the working and living

conditions of workers and their families.

Definitions:

Labour welfare has been defined in various ways, though unfortunately no single

definition has found universal acceptance. The Oxford Dictionary defines labour welfare

as “efforts to make life worth living for worker”

Chamber’s Dictionary defines welfare as “a state of faring or doing well;

freedom from calamity, enjoyment of health, prosperity.”

The ILO report refers to labour welfare as “such services, facilities, and

amenities, which may be established in, or in the vicinity of undertakings to enable

persons employed therein to perform their work in healthy and congenial surroundings

and provided with amenities conducive to good health and high morale”.

Features:

On the basis of the various definitions, the basic characteristics of labour

welfare work may be noted thus:

It is the work which is usually undertaken within the premises or in the vicinity

of the undertakings for the benefit of the benefit of the employees and the

members of their families.

The work generally includes those items of welfare which are over and above

what the employees expect as a result of the contract of service from the

employers.

The purpose of providing welfare amenities is to bring about development of the

whole personality of the worker -his social, psychological, economic, moral,

cultural and intellectual development to make him a good worker, a good citizen

and a good member of the family.


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These facilities may be provided voluntarily by progressive and enlightened

entrepreneurs at their own accord out of their realization of social responsibility

towards labour, or statutory provisions may compel them to make these facilities

available; or these may be undertaken by the government or trade unions, if they

have the necessary funds for the purpose.

Labour welfare is a very broad term, covering social security and such other

activities as medical aid, crèches, canteens, recreation, housing, adult education,

arrangements for the transport of labour to and from the work place.

It may be noted that not only intra-mural but also extra-mural, statutory as well

as non-statutory activities, undertaken by any of the three agencies- the

employers, trade unions or the government- for the physical and mental

development of the worker, both as a compensation for wear and tear that he

undergoes as a part of the production process and also to enable him to sustain

and improve upon the basic capacity of contribution to the processes of

production, “which are all the species of the longer family encompassed by the

term ‘labour welfare’.

Objectives:

All labour welfare measures have the following objectives:

Enabling workers to live richer and more satisfactory lives;

Contributing to the productivity of labour and efficiency of the enterprise;

Enhancing the standard of living of workers by indirectly reducing the burden on

their purse;

Enabling workers to live in tune and harmony with services for workers obtaining

in the neighbor hood community where similar enterprises are situated;

Based on an intelligent prediction of the future needs of the industrial workers,

designing policies to cushion off and absorb the shocks of industrialisation and

urbanisation to workers;

Fostering administratively viable and essentially developmental outlook among

the workforce; and

Discharging social responsibilities.


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Principles:2

Certain fundamental considerations are involved in the concept of labour welfare. The

following are the more important among them.

Social responsibility of industry

It is assumed that labour welfare is an expression of industry’s duty towards its

employees. Social responsibility means that the obligation of the industry to pursue those

policies, to take such decisions, and to follow those lines of action which are desirable in

terms of the objectives and values currently obtaining in the society. The values of the

Indian community are enshrined in the constitution of the country. Labour welfare is not

embroidery on capitalism nor the external dressing of an exploitative management;

rather, it is an expression of the assumption by industry of its responsibility for its

employees

Democratic Values

The principle of democratic values of labour welfare concedes that workers may have

certain unmet needs for no fault of their own, that industry has an obligation to render

them help in gratifying those needs, and that workers have a right of determining the

manner in which these needs can be met and of participating in the administration of the

mechanism of need gratification. The underlying assumption to this approach is that the

worker is a mature and rational individual who is capable of taking decisions for

himself/herself.

Adequacy of wages

The third principle of labour welfare is adequacy of wages; it implies that labour welfare

measures are not a substitute for wages. It will be wrong to argue that since workers are

given a variety of labour welfare services, they need be paid only low wages. Right to

adequate wage is beyond dispute.

Efficiency

2 S C SHRIVASTAVA, ‘Industrial Relations and Labour Laws ’ , VIKAS PUBLISHING HOUSE, NEW DELHI, 5TH

EDITION, 2007


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The fourth principle of labour welfare lays stress on the dictum that to cultivate welfare is

to cultivate efficiency. Even those who deny any social responsibility for industry do

accept that an enterprise must introduce all such labour welfare measures which promote

efficiency (Marshall, 1950). It has been often mentioned that workers’ education and

training, housing, and diet are the three most important aspects of labour welfare, which

always accentuate labour efficiency.

Re-personalization

Since industrial organisation is rigid and impersonal, the goal of welfare in industry is the

enrichment and growth of human personality. The labour welfare movement seeks to

bring cheer, comfort, and warmth in the human relationship by treating man as an

individual, with quiet distinct needs and aspirations. Social and cultural programmes,

recreation and other measures designed after taking into consideration the workers’

interests go a long way in counteracting the effects of monotony, boredom, and

cheerlessness.

Co-responsibility

The sixth principle of labour welfare recognizes that the responsibility for labour welfare

lies on both employers and workers and not on employers alone. Labour welfare

measures are likely to be of little success unless mutuality of interest and responsibilities

are accepted and understood by both the parties, in particular the quality of responsibility

at the attitudinal and organizational level.

Totality of welfare

The final principle of labour welfare is that the concept of labour welfare must permeate

throughout the hierarchy of an organization, and accepted by all levels of functionaries in

the enterprise.

Approaches 3

The issue of labour welfare may be studied from different angles, such as:

The location, where these amenities are provided, within and outside the

industrial undertakings;

The nature of amenities such as those concerned conditions of employment and

3 http://www.ilo.org//


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The welfare activities termed as ‘statutory’, ‘voluntary’ and ‘mutual’.

The agencies which provide living conditions of work people; these amenities.

On the basis of location of welfare activities, labour welfare work has been

classified by Broughton in two specific categories, namely, (a)intramural(b)extra-

mural

CHAPTER-2 IMPACT OF ILO ON LABOUR LAWS OF INDIA4

The ILO (International Labor Organization) was set up in the year 1919, with an aim to

improve the conditions of labors around the world. India was the founding member of

ILO, which has now expanded its membership to 145 nations. ILO through its

conventions and recommendations helps nations to draw their own set of labor laws for

the better treatment of the working class, and the preservation of their rights. The

principal means of action in the ILO is the setting up the International Labor Standards in

the form of Conventions and Recommendations. Conventions are international treaties

and are instruments, which create legally binding obligations on the countries that ratify

them. Recommendations are non-binding and set out guidelines orienting national

policies and actions.

Labor Law regulates matters, such as, labor employment, remunerations, and conditions

of work, trade unions, and labor management relations. They also include social laws

regulating such aspects as compensation for accident caused to a worker at work, fixation

of minimum wages, maternity benefits, sharing of the company’s profit by the workers,

and so on. Most of these legal instruments regulate rights and responsibilities of the

working people.

The approach of India with regard to International Labor Standards has always been

positive. The ILO instruments have provided guidelines and useful framework for the

evolution of legislative and administrative measures for the protection and advancement

of the interest of labor. To that extent the influence of ILO Conventions as a standard for

4 DR. G V GOSWAMI, ‘Labour Industrial Laws’, CENTRAL LAW AGENCY, ALLAHABAD, 8TH EDITION, 2004


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reference for labor legislation and practices in India, rather than as a legally binding

norm, has been significant. Ratification of a Convention imposes legally binding

obligations on the country concerned and, therefore, India has been careful in ratifying

Conventions. It has always been the practice in India that we ratify a Convention when

we are fully satisfied that our laws and practices are in conformity with the relevant ILO

Convention. It is now considered that a better course of action is to proceed with

progressive implementation of the standards, leave the formal ratification for

consideration at a later stage when it becomes practicable. We have so far ratified 39

Conventions of the ILO, which is much better than the position obtaining in many other

countries. Even where for special reasons, India may not be in a position to ratify a

Convention, India has generally voted in favor of the Conventions reserving its position

as far as its future ratification is concerned.

Core Conventions of the ILO 5 : - The eight Core Conventions of the ILO (also called

fundamental/human rights conventions) are:

Forced Labor Convention (No. 29), Abolition of Forced Labor Convention (No.105),

Equal Remuneration Convention (No.100), Discrimination (Employment Occupation)

Convention (No.111) (The four have been ratified by India)

Freedom of Association and Protection of Right to Organized Convention (No.87), Right

to Organize and Collective Bargaining Convention (No.98), Minimum Age Convention

(No.138), Worst forms of Child Labor Convention (No.182) (These four are yet to be

ratified by India)

The effect of ILO on Labor legislation in India 6

With the growth and expansion of factories and industries in the subcontinent beginning

in the mid-nineteenth century, new avenues for employment were created, resulting in a

5 www.ilo.org/connventions_labourwelfare/6 S N MISHRA, ‘Labour and Industrial Laws’, CENTRAL LAW PUBLICATIONS, ALLAHABAD, 25TH EDITION,

2009


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gradual migration of the labor force from rural areas to mills and factories located

primarily in urban areas.

The Factories Act 1881 is the basis of all labor and industrial laws of the country. It

contained provisions even for hours of work of women and workers including that of

minimum age for employment of children. After the International Labor Organization

(ILO) was formed in 1919, this Act was amended and thereafter repealed, resulting in the

promulgation of the Factories Act 1934. It makes provision for safety, health and hygiene

of the workers and special provision for women and juvenile workers. It also prohibits

child labor. It limits work of a child in factories, including the seasonal ones.

Under the Mines Act 1923 which applies to workers employed in mines, the hours of

work for persons employed on surface are limited to ten per day and fifty four per week.

The periods of work including rest interval shall not spread over more than 12 hours in

any day. For workers employed underground, the daily limit is nine hours per day. The

Act does not contain provisions as to overtime work. No worker is to work in a mine for

more than six days a week. The Act does not provide for wages for the weekly rest day.

The government of India set up an enquiry committee in 1926 to ascertain the loophole

for irregularity of payment of wages to industrial workers. The Royal Commission on

Labor appointed in 1929 considered the reports and suggestions of the aforesaid

enquiry committee and recommended for enactment for prevention of maladies relating

to payment of wages resulting in the promulgation of the Payment of Wages Act in 1936.

It aimed, firstly, at disbursement of actual distributable wages to workers within the

prescribed period and, secondly, to ensure that the employees get their full wages without

any deduction. The Act was passed to regulate the payment of wages to certain classes of

persons employed in industry. The object of the Act obviously was to provide a cheap

and speedy remedy for employees to whom the Act applied inter alia, to recover wages

due to them, and for that purpose, a special tribunal was subsequently created, but due to

some inherent defects in the statute the recovery of decree able wages rema

ined difficult.


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The Weekly Holidays Act of 1942 prescribes one paid holiday a week for persons

employed in any shop, restaurant or theatre (excepting those employed in a confidential

capacity or in a position of management). The government is empowered to grant

additional half-day holiday with pay in a week

The Industrial Disputes Act, 1947 came into being on the 1st day of April 1947. The

Act provided for establishment of industrial tribunals by the appropriate government in

British India. It established a full-fledged industrial tribunal for adjudication of industrial

disputes for the first time

The Industrial Employment (Standing Orders) Act, 1946 came into operation for the

first time requiring employers in industrial establishments employing 100 or more

workmen to define the terms of employment of workmen in the form of standing orders

which should be in general conformity with the model standing orders incorporated in the

Act. The Merchant Shipping Act, 1923 provided for an agreement between a seaman and

the master of the ship regarding terms of service

Some of the important areas of ILO activities and field operations are 7 -

Manpower Organization and Vocational Training-The ILO as well as

the United Nations made concerted efforts in the post second world war

period in the manpower field to stimulate the most effective and productive

use of human resources in the whole process of economic and social

development. The ILO manpower experts have been made available to

developing countries seeking help in assessing their manpower needs and in

organizing vocational training programmes for meeting skill shortage.

Migrant workers-Migrant workers make an important contribution to the

economic development of their host countries, yet they may suffer from

many forms of discrimination. The international Labour Conference adopted

a resolution in June 1971 on the need to promote equality of migrant

workers in all social and labour matters.

7 http://www.un.org/protection_labours/


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Women workers- The ILO Constitution specifically provides for the

protection of women workers. The first session of the International Labour

Conference held in Washington in October 1919, adopted international

standards protecting expectant mothers and limiting the amount of night

work by women. In 1937, the conference set down the ILO’s aims in regard

to women workers, namely,

a. the guarantee of all civil and political rights;

b. full opportunities to improve their education;

c. better conditions for finding employment;

d. equal pay for equal work;

e. legal protection against dangerous working conditions;

f. legal maternity protection;

g. The same trade union rights as that of men.

The main conventions adopted by the ILO with regard to women workers

are :Maternity Protection ,1919(revised in 1948);the Night work

(women)1919(revised in 1934,1948);the Underground work(women)1953 and the

Equal Remuneration,1951.

Child Workers- The ILO has been concerned with the problem of child

employment since its inception. It has played a key role in the fight against

exploitation of children by setting standards, regulating the minimum age for

working and the recruitment of youngsters into unhealthy or dangerous jobs.

The theme of the Director-General’s report at the 69 th session of the

International Labour Conference (1983) was on child labour.


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Social Security-The ILO has done the pioneering work in the field of social

security. A number of Recommendations and Conventions deal with workmen’s

compensation, sickness insurance, invalidity, old-age, and survivor’s insurance ,

unemployment provisions, maternity protection and general aspects of social

security. One of the most important instruments adopted by the ILO is the social

security (Minimum Standards) conventions, 1952. Currently, the organization’s

main object is to extend social security to agriculture and plantation workers.

Conditions of work-The ILO has devoted considerable attention to the

conditions of work of labour at work places including(a)hours of work,

(b)weekly rest,(c)holidays with pay,(d)principles and methods of wage

regulation and(e)labour administration and inspection. A large number of

Recommendations and Conventions covering conditions of work of labour have

been adopted by the International Labour Conference.

Health, safety and welfare-In promoting the interests of labour in the fields of

health, safety and welfare, the ILO has had recourse to a variety of methods,

e.g.international regulations, model codes, technical monographs on dangerous

machinery and assistance to governments in drafting regulations. Conventions

and Recommendations in these fields suggest general principles concerning the

prevention of accidents and protection of health of the workers and also indicate

the special requirements of particular industries and processes. The ILO has

emphasized on protection against sickness, disease and protection against

sickness, disease and injury arising out of employment and stressed on

occupational health service and environmental protection. Moreover, the

organization did much to bring about the standardization of industrial injury and

occupational disease statistics and the systematic collection of data on accident

frequency.

Co-operatives-Since co-operative organizations of all types proved to be ideal

for the developing countries; the ILO has undertaken projects to establish co-

operatives, both of producers and consumers, and co-operative legislation to


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develop specific types of co-operatives and train personnel in co-operative

methods.

Other Activities-(a)promotion of handicrafts and small industries

(b)Encouragement and reinforcement of workers education programmes

undertaken by worker’s organizations and other interested parties (c)Adoption

of number of Conventions and Recommendations dealing exclusively with

various aspects of conditions of employment and welfare of seafarers.

The 1952 ILO convention on social security divided social security into nine

components:

(a) Medical care: This should cover pregnancy, confinement, and its consequences and

any disease which may lead to a morbid condition. The need for pre-natal and post-natal

care, in addition to hospitalization, was emphasized. A morbid condition may require

general practitioner care, provision of essential pharmaceuticals and hospitalization.

(b) Sickness benefit: This should cover incapacity to work following morbid condition

resulting in loss of earnings. This calls for periodical payments based on the convention

specification. The worker need not be paid for the first three days of suspension of

earnings and the payment of benefit may be limited to 26 weeks in a year.

(c) Unemployment benefit: This should cover the loss of earning during a worker’s

unemployment period. When he is capable and available for work but remains

unemployed because of lack of suitable employment. This benefit may be limited to 13

weeks payment in a year, excluding the first seven days of the waiting period.

(d) Old-age benefit: This benefit provides for the payment-the quantum depending upon

an individual’s working capacity during the period before retirement.-of a certain amount

beyond a prescribed age and continues till death.


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(e) Employment injury benefit: This should cover the following contingencies resulting

from accident or disease during employment:

Morbid condition

Inability to work following a morbid condition, leading to suspension of earning;

Total o0r partial loss of earning capacity which may become permanent;

Death of the breadwinner in the family, as a result of which family is deprived of

financial support. Medical care and periodical payment corresponding to an

individual’s need should be available.

(f) Family benefit: This should cover responsibility for the maintenance of children

during an entire period of contingency. Periodical payment, provision of food, housing,

clothing, holidays or domestic help in respect of children should be provided to a needy

family.

(g) Maternity benefit: This benefit should cover pregnancy, confinement and their

consequences resulting in the suspension of earnings. Provision should be for medical

care, including pre-natal confinement, post-natal care and hospitalization if necessary.

Periodical payment limited to 12 weeks should be made during the period of suspension

of earnings.

(h) Invalidism benefit: This benefit, in the form of periodical payments should cover the

needs of workers who suffer from any, disability arising out of sickness or accident and

who are unable to engage in any gainful activity. This benefit should continue till

invalidism changes into old-age, when old age benefits would become payable.

(i) Survivor’s benefit: This should cover periodical payments to the family following

the death of its breadwinner and should continue the entire period of contingency.


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CONCLUSION

The international Labour Organization did much to improve working and living

condition of people throughout the world. It is shown itself to be an efficiency tool in the

service of social justice in all parts of the world. It has brought about international co-

operation, unity and understanding and helped in the elimination of poverty and injustice.

It has rendering exemplary service to all the three elements composing it –government,

employers and workers. Its Conventions have been greatly appreciated by the working

class all over the world for their beneficent, humanitarian and missionary influence. They

are considered as the embodiment of social justice by the under-privileged. Our country

is greatly benefited by the ILO standards which helped in improving the working class. It

has greatly influenced labour legislation, labour welfare, trade unionism and industrial

relations of our country. The very law making process in our country in the field of

labour has been considerably influenced by its standard-setting process. Following ILO

traditional, the principle of tripartite consultation has been successfully adopted by the

Government of India in the formulation of labour policy on the Government of India in

the formulation of labour policy on the basis of consensus. n essence, there is a close

resemblance between the ILO Philadelphia Charter of 1944 and the Fundamental Rights

and the Directive Principles of State Policy under the Indian Constitution. These entire

basic documents are based on the principles of freedom, individual dignity and social

justice.

India provides for core labour standards of ILO for welfare of workers and to protect

their interests. India has a number of labour laws addressing various issues such as

resolution of industrial disputes, working conditions, labour compensation, insurance,

child labour, equal remuneration etc. Labour is a subject in the concurrent list of the


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Indian Constitution and is therefore in the jurisdiction of both central and state

governments. Both central and state governments have enacted laws on labour issues.

Central laws grant powers to officers under central government in some cases and to the

officers of the state governments in some cases.

BIBLIOGRAPHY

DR. G V GOSWAMI, ‘Labour Industrial Laws’, CENTRAL LAW AGENCY,

ALLAHABAD, 8TH EDITION, 2004

K M PILLAI, ‘Labour and Industrial Law’ , ALLAHABAD LAW AGENCY,


O P MALHOTRA, ‘The Law of Industrial Disputes’, BUTTERWORTHS , NEW

DELHI, VOL. 1 AND VOL. 2, 6TH EDITION, 2004

S C SHRIVASTAVA, ‘Industrial Relations and Labour Laws ’ , VIKAS

PUBLISHING HOUSE, NEW DELHI, 5TH EDITION, 2007

S N MISHRA, ‘Labour and Industrial Laws’, CENTRAL LAW PUBLICATIONS,



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