Labour and the ConstitutionPresented by- Rohini B. Agre (108)

Learning Objectives1. The role of government in enacting

a series of labour laws in order to protect and promote the interests of labour

2. The constitutional framework & fundamental rights guaranteed under the constitution

3. The philosophy of Social Justice4. The aims and objectives of

International labour organisation (ILO) and its role in pursuit of social justice

5. The role of law in industrial relation

Contents

1. Introduction

2. Constitutional Framework

3. Social Justice

4. ILO – in Pursuit of Social Justice

5.Role of Law in Industrial Relations

6. Summary

IntroductionThe 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.

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.

Constitutional FrameworkIndian 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

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.

contd...Article 39 accentuates the basic philosophy of idealistic socialism & provides amotivation 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.

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.

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.

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.

Social JusticeIn 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

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.

ILO – in Pursuit of Social JusticeThe 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,

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, andOrganization of vocational & technical education.

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...

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

Three main functions of ILO:i. To establish international labour

standardsii. To collect & disseminate information on

labour & industrial conditionsiii. 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.

contd... In order to achieve its objectives

, the ILO has relied on itsstandardsetting 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.

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.

Role of Law in Industrial RelationsIn 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.

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.

SummaryIt 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

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.

Thank you