LABOUR LEGISLATION: INTRODUCTION

By-Dr.Deepak SharmaM.HRD,D.Phil.,LL.B.

OBJECTIVES OF LABOUR LEGISLATION

Social,political and economic justice Right of workmen to form unions and

bargain collectively Making State a partner in ensuring

social justice Protection of weaker sections Improvement of labour standards Maintenance of industrial peace

PRINCIPLES OF LABOUR LEGISLATION

Labour legislation to be based on principles of social justice, social equity, international uniformity and national economy.

Workmen’s Compensation Act Minimum Wages Act, Factories Act and Payment of Wages Act were passed to ensure social justice

PRINCIPLES OF LABOUR LEGISLATION

British rule enacted labour laws such as Tea District Emigrant Labour Act, 1832 and Workmen’s Breach of Contract Act,1859 to serve interests of employers and were repressive in character;

Assam Labour Emigration Acts 1863-1901 declared desertion of tea gardens in Assam without staying for prescribed period and without permission a punishable offence;

LABOUR POLICY IN INDIA

V.V.Giri being Labour Minister emphasis was on labour becoming self-reliant; Tripartism became central theme in Gulzari Lal Nanda Period that began in 1957; during this period govt. paid reliance on three party approach, namely trade unions representing the workers, employers and the govt.

LABOUR POLICY IN INDIA

At sixteenth conference held in 1958 a momentous advancement was made by adopting a code of discipline in industry.

Code pledged parties to avoid strikes and lock-outs without notice, to rely on settlement of disputes by arbitration, it also pledged parties to avoid coercion and victimization and to follow grievance procedure.

LABOUR POLICY IN INDIA

Labour policy in India has focused on recognition of State as custodian of interests of community as the catalyst of change, encouragement to mutual settlement and collective bargaining, intervention of state in favour of weaker party, evolving partnerships between employer and employee, ensuring fair wage standards and provisions of social security, enhancing status of worker in industry and Tripartite consultation.

MINISTRY OF LABOUR AND EMPLOYMENT Ministry of Labour and Employment is

responsible to protect and safeguard the interest of workers in general and the poor, deprived and disadvantaged sections of the society.

The Ministry aims to create a healthy work environment for higher production and productivity and to develop and coordinate vocational skill training and employment.

MINISTRY OF LABOUR AND EMPLOYMENTThrust areas of the ministry are: Labour Policy and legislation; Safety, health and welfare of labour; Social security of labour; Policy relating to special target groups such as women

and child labour; Industrial relations and enforcement of labour laws in

the Central sphere; Adjudication of industrial disputes through Central

Government Industrial Tribunals cum Labour Courts and National Industrial Tribunals;

Workers' Education; Labour and Employment Statistics;

CLASSIFICATION OF LABOUR LEGISLATIONS

On the basis of different objectives, which it has sought to achieve, the labour legislations can be classified into following categories:

Regulative, Protective, Wage-Related, Social Security, Welfare

REGULATIVE LABOUR LEGISLATION

Regulation of relationship between employees and employers and provides ways of settling disputes; also regulation of relationship between workers and their trade unions, rights and obligations of organizations of employers and workers; includes Trade Unions Act,1926, Industrial Disputes Act,1947 and Industrial Employment (Standing Orders)Act,1946

PROTECTIVE LABOUR LEGISLATIONS

Objective is improvement of working conditions and protection of labour standards; includes Factories Act,1948, Mines Act,1952, Plantations Labour Act,1951,Motor Transport Workers Act,1961, Shops and Establishments Acts,Beedi and Cigar Workers Act,1966.

WAGE RELATED LABOUR LEGISLATIONS

These legislations lay down manner of wage payment and prescribe the minimum wages;included Acts are Payment of Wages Act,1936, Minimum Wages Act,1948,Payment of Bonus Act,1965 and Equal Remuneration Act,1976.

SOCIAL SECURITY LABOUR LEGISLATIONS

Include legislations with social security benefits; covered Acts are Employees’ Compensation Act,1923, Employees’ State Insurance Act,1948,Coal Mines PF Act,1948,Employees PF and Miscellaneous Provisions Act,1952,Maternity Benefit Act,1961 and Payment of Gratuity Act,1972.

WELFARE LABOUR LEGISLATIONS

These legislations aim at promoting general welfare of the workers and improving their living conditions; included Acts are Limestone and Dolomite Mines Labour Welfare Fund Act,1972, Mica Mines Welfare Fund Act,1946, Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Fund Act,1976 etc.

MISCELLANEOUS

Contract Labour (Regulation and Abolition)Act, 1970

Child Labour (Prohibition and Regulation) Act, 1986

Apprentices Act, 1961

JUDICIAL APPROACH TO IR

SC in Hindustan Antibiotics Ltd. v Workmen AIR 1967 SC 948 observed industrial peace can be achieved by social and economic upliftment of labour.

SMNilajkar v Telecom Distt. Manager 2003 SCC(L&S) expressed that in in case of doubt the benefit must go to the labour;

JUDICIAL APPROACH TO IR

In Workmen of Bhurkunda Colliery of Central Coalfield Ltd. v Bhurkunda Colliery of Central Coalfields Ltd 2006 SCC (L&S) 530 SC observed that main object of enacting labour and industrial laws is to ensure peace and harmony between the employers and employees in larger interest of society;

JUDICIAL APPROACH TO IR

In State of Haryana v. Piara Singh 1992 SCC (L&S) 825 held that if a casual labourer is continued for fairly long spell say two or three years—a presumption may arise that there is regular need for his services;

in such a situation it becomes obligatory for authority concerned to examine the feasibility of his regularisation; by doing so authorities ought to adopt a positive approach coupled with an empathy for the person.

SC’S NO TO INDISCIPLINE

In Hombe Gowda Educational Trust v State of Karnataka 2006 SCC (L&S) 133 where principal was assaulted with a chappal teacher was dismissed as SC observed that assaulting a superior at a workplace amounts to gross indiscipline;

SC’S NO TO INDISCIPLINE

In Krishnakali Tea Estate v Akhil Bhartiya Chah Mazdoor Sangh 2004 SCC (L&S) 412 workmen entered Estate armed with deadly weapons with a view to ‘gherao’ manager and others and damaged property and wrongfully confined the manager and others; SC observed charges grave enough for dismissal;

JUDICIAL APPROACH TO IR Muriadih Colliery v Bihar Colliery

Kamgar Union 2005 SCC (L&S) 412 SC held that Tribunal to interfere with punishment keeping in mind principle of proportionality between gravity of offence and stringency of punishment;

RECENT JUDICIAL TREND Recent Judicial Trend is against principles laid

down in Bangalore Water Supply and Sewarage Board v A Rajappa AIR 1978 SC 548 which extended the scope of industry to a maximum extent as contained in S.2(j) of Industrial Disputes Act,1947;

Application of IDAct to organizations where it was not intended to be so covered might be doing more damage than good and matter regarding re-examination of extended scope of industry is pending before SC for appropriate decision;

WORKMAN In a bid to prevent frequent strikes by airline pilots

and engineers that severely inconvenience flyers, the aviation ministry has asked the labour ministry not to consider these categories as 'workmen'.

Once out of this category, pilots and engineers will not be able to form unions and go on strikes; Aviation secretary V Somasundaran has written to the labour ministry in this regard.

The Industrial Dispute Act, 1947, defines a non-workman as an employee who is mainly in managerial or administrative capacity and whose monthly wage is more than Rs 10,000.

WORKMAN The aviation ministry has contended

that since aircraft engineers certify an aircraft, which is a supervisory role, and pilots' jobs are highly-paid ones, they should be removed from the workmen category

Armed forces and police personnel have also been kept out of the workmen category as they are governed by different laws.