LABOUR LAW- INTERNAL ASSESSMENT 1

LABOUR LAW

INTERNAL ASSESSMENT 1

“ANALYSIS ANDREPORT ON THE

LECTURE TO BE DELIVERED BY JUSTICE
RAVINDRA VITHALRAO GHUGE”

SUBMITTED BY-:

NAMAN KHANNA
DIVISION A
17010125053

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AN INTRODUCTION TO THE INTERNATIONAL

LABOUR ORGANIZATION.(ILO)
“The failure of any nation to adopt humane conditions of labour is an obstacle in the way of
other nations which desire to improve the conditions in their own countries.” The ILO
Constitution.
The International Labour Organization (ILO) is built on the constitutional principle that
universal and lasting peace can be established only if it is based upon social justice. The ILO
has generated such hallmarks of industrial society as the eight-hour working day, maternity
protection, child-labour laws, and a range of policies which promote workplace safety and
peaceful industrial relations. The ILO is the international institutional framework which makes
it possible to address such issues – and to find solutions allowing working conditions to
improve everywhere. No country or industry could have afforded to introduce any of these in
the absence of similar and simultaneous action by its competitors.

❖ ORIGINS OF THE ILO.

The International Labour Organization emerged with the League of Nations from the Treaty of
Versailles in 1919. It was founded to give expression to the growing concern for social reform
after World War I, and the conviction that any reform had to be conducted at an international
level. In 1946, the ILO became the first specialized agency associated with the newly formed
United Nations Organization. On its 50th anniversary in 1969, it was awarded the Nobel Peace
Prize.

❖ HOW DOES THE ILO WORK?

The ILO has a tripartite structure unique in the United Nations, in which employers’ and
workers’ representatives – the “social partners” of the economy – have an equal voice with
those of governments in shaping its policies and programmes. The ILO also encourages this
tripartism within its member States by promoting a “social dialogue” between trade unions and
employers in formulating, and where appropriate, implementing national policy on social,
economic, and many other issues. Minimum international labour standards and the broad
policies of the ILO are set by the International Labour Conference, which meets annually.
Every two years, the Conference adopts the ILO’s biennial work programme and budget, which
is financed by member States.

❖ WHAT DOES THE ILO DO : ITS 4 PRINCIPAL STRATEGIC

OBJECTIVES.
• To promote and realize standards, and fundamental principles and rights at work.
• To create greater opportunities for women and men to secure decent employment.
• To enhance the coverage and effectiveness of social protection for all.

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• To strengthen tripartism and social dialogue.

❖ ILO CONVENTIONS AND RECOMMENDATIONS.

One of the ILO’s original and most important functions is the adoption by the tripartite
International Labour Conference (employers, workers and governments) of Conventions and
Recommendations which set international standards. Through ratifications by member States,
these Conventions create binding obligations to implement their provisions. Since 1919,
Conventions and Recommendations have been adopted covering practically all issues relating
to the world of work including certain basic human rights (notably freedom of association, the
right to organize and bargain collectively, the abolition of forced labour and child labour, and
the elimination of discrimination in employment), labour administration, industrial relations,
employment policy, working conditions, social security, occupational safety and health,
employment of women, and employment of special categories such as migrant workers and
seafarers. International Labour Standards Each member State is required to submit all
Conventions and Recommendations adopted by the Conference to the competent national
authorities for a decision on action to be taken.

THE RELEVANCE AND IMPACT OF ILO TO AND

ON INDIA.
Industrial peace is a prelude to progress, especially in developing countries, which need
absolute harmony at the workplace to maintain the pace of development vital to the survival of
their economies. THE INTERNATIONAL Labour Organisation (ILO) has played a vital role
in promoting international labour standards. India is the founder member of ILO and has
contributed a lot for the codification of the standards. In fact, it has benefited from those
standards in developing its own legal system on social and labour aspects. The association of
India with the international organisation began in 1919. Three years later the country became
a permanent member of the ILO and in 1928 the first ILO branch was established in
Delhi.1 Over the years, the ILO branch in Delhi has been coordinating assistance in fields such
as rural labour, women workers, employment generation, occupational safety, health and
population control in India.

❖ STATUS OF COLLECTIVE BARGAINING STANDARDS IN INDIA.

The object of collective bargaining is to harmonize labour relation and to promote industrial
peace by creating equality of bargaining power between the labour and the capital. In the
twentieth century, collective bargaining became a general feature
of industrial jurisprudence. It is a fact that the trade union movement in India has not been able
to reach that standard which its counterpart, in other developed countries could, yet it has
impacted industrial relations very significantly.
The method of negotiation between elected representatives of workers and management has
received statutory recognition in India. The rights of an unregistered trade union are different
from a registered trade union, but an employer can negotiate with an unregistered trade union

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as well. A union, whether registered or unregistered, commanding allegiance of a majority of

the workmen has a better claim to negotiate with the employer on behalf of its workmen in
preference to a registered trade union representing a minority of the workmen.1
India has not ratified ILO Convention No-87 on freedom of association and protection of the
right to organize and Convention No-98 on the right to organize and collective bargaining. The
right is, however, guaranteed by the Constitution of India.2
If the pace of industrial growth in India is to be increased, the living standards are to be raised
and peace and order in industry are to be maintained, the development of collective bargaining
(instead of over adjudication) should be promoted and effectively encouraged.3
The current position taken by the judiciary in India is reflected by the decision of the Supreme
Court in SBI v. All Orissa State Bank Officers Assn.4, The respondent association was a non-
recognized union and the Supreme Court held that there was no common law right of a trade
union to represent its members whether for purposes of collective bargaining or individual
grievances of its members.

❖ POSITION OF STANDARDS AGAINST FORCED LABOUR

The Forced Labour Convention No-29 requires ratifying members to undertake to “suppress
the use of force or compulsory labour in all its form within the shortest period of time”. India
ratified the Forced Labour Convention in 1954 and Convention No-105 on the Abolition of
Forced Labour in 2000. Article 23 of the Constitution of India prohibits trafficking in human
beings and forced labour. India does not fully comply with the standards due to lack of clarity
with regard to the definition of forced labour. Article 23 of the Constitution is supportive of
ILO standards and prohibits traffic in human beings and forced labour. Any contravention of
this provision is declared to be an offence punishable in accordance with law. Also, article
51(c) of the Constitution requires the state to foster respect for International law and treaty
obligations in the dealings of organized people with one another5.
The Supreme Court has supported and strengthened the compliance of minimum standards
under the ILO conventions that prohibit forced labour and also directed the states to meet
additional criteria. In Public Union for Civil Liberties v. State of T.N.6

❖ EQUAL REMUNERATION STANDARDS

ILO has, from the very beginning accepted the principle of equal remuneration for men and
women doing work of equal value. India ratified the Convention No. 100 on Equal
Remuneration in 1958. Another Convention No. 111 on Discrimination (Employment and
Occupation) was ratified by India in 1960. In spite of a fast growing urbanization India has yet
to show its effect in terms of a better female participation rate. The fact is that women constitute
only a small majority of the formal work force and this is an indication of the level of

1
Workers of B and C Com. v. Labour commissioner, AIR 1964 Mad. 538.
2
Art” 19(I)(a) & (b) of the Constitution of India.
3
Indian Law Institute, Labour Law and Labour Relations 106 (New Delhi, 1968).
4
(2003) 11 SCC 607
5
Art. 51(c) of the Constitution of India.
6
(2004) 111 LLJ 7.

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discrimination in the labour market and the lack of opportunities for them to enter formal work
sector. The Supreme Court, in People's Union for Democratic Rights v. Union of India,7 ruled
that “it is the principle of equality embodied in Article 14 of the Constitution which finds
expression in the provision of the Equal Remuneration Act, 1976.

❖ MAJOR IMPACT OF ILO ON LABOUR LEGISLATIONS IN INDIA.

➢ The Factories Act 1881
This act is the basis of all industrial and labour laws in India. It contained requirements
for working hours of women and workers with the minimum age of children for
employment.
➢ Mines Act 1923
This Act make provisions for labours working in Indian mines.
➢ The Weekly Holidays Act of 1942
This act recommends one paid holiday in a week for people working in any restaurant,
shop, or theatre excluding position of management, and confidential positions.
ILO has also had significant contributions on the legislations The Industrial Disputes Act, 1947
and The Industrial Employment (Standing Orders) Act, 1946.

ANALYSIS OF THE LECTURE DELIVERED BY

JUSTICE RAVINDRA VITHALRAO GHUGE,
HON'BLE JUDGE, BOMBAY HIGH COURT.
“You need to go more than a century back to understand the true work and nature and emotions
of the Indian labourers and only then one can understand how it has involved.”
The guest lecture started by introducing the importance of understanding the background of
ILO and what led to its formation. A brief history session was cut short by introducing us to
the fact that till quite recently all the discussions in the ILO were Eurocentric and people were
oblivious to the existence of India which was a major hotspot for trade. After the British left
India, labour was in every single department and formed the backbone of the country. The
necessity of labour in the country was such that one could not get two meals in a day without
it. The ILO was set in motion by the bill passed in 1919 in the Paris convention. Thereafter a
lot of resolutions were tabled in which India was never a focal point. Naval Tata, an industrialist
started a movement to start the implementation of the functioning of ILO in India in the pretext
of the conventions that took place. India should thank the British for drafting certain
legislations like the Land Acquisition Act, Workmen’s compensation Act, 1923 , The Trade
Union’s Act, 1926, Industrial Disputes Act, 1947. Important conferences followed in 1957 and
in 1980 in Geneva where Rajiv Gandhi addressed the ILO. This led to the formation of the
AITUC in 1990. He also discussed about the fact that ILO has everything to do from security

7
AIR 1982 SC 879.

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and dignity to the livelihood of labourers. He also pointed out the need for the Trade Unions
Act which was unorganized and unprotected labour, no job security as well as no wage security.
Industrialization is and will be the strongest pillar of the country and industrialisation is the car
and labour is the petrol that it needs. He also talked about the protection of children and women
from exploitation.
In my opinion, Most of the labour legislations in India have benn formed before independence.
The Fundamental Rights of the Constitution for providing safeguards to labours. Although
most of the pre – constitutional labour legislations have been revoked or curtailed following
the Doctrine of Severability and Doctrine of Eclipse, but not a lot of changes had been made
to the labour legislation which were came before the adoption of Constitution. The
achievement of these labour laws must be credited to the ILO. The ILO guidelines provided
basic principles on which most of labour legislations were drawn. By observation on various
amendments and enactments in labour laws it can be easily seen that the ILO have a countless
impact on the Indian Labour Laws. A large number of laws were passed to incorporate the
guidelines of the resolutions of the ILO. All these revised and ratified legislations create
provisions for the common welfare and protection of importance of the Indian labours. The
constructive effect of ILO is seen in form of appreciation of many new kinds of rights that were
previously not available for the Indian labour class but were made available after creation of
ILO.

FINDINGS AND CONCLUSION.

In India, in the formal sector, trade unions generally function in a friendly environment but
there is no such practice in the unorganized sector. The position of workers in the unorganized
sector is pathetic because of the absence of trade unionism or collective bargaining. They are
working under a constant threat to their jobs. There is much room for the role of trade unions
in the unorganized sector and export processing zone. The public sector workers are restricted
in their rights to organize and exercise collective bargaining.
The forced labour though prohibited by the law does occur in the form of trafficking of persons
for the purpose of labour and forced prostitution. It is a grave problem despite the existence of
a legislation for its prohibition, but there is no proper implementation and execution of the
existing laws. Substantial action by the authorities is needed to ensure effective implementation
of the law on forced labour and release of bonded labourers from the yoke of master or creditor
and their effective rehabilitation.
The legislation guaranteeing equal pay for equal work is quite deficient. The Equal
Remuneration Act, 1976 seeks to provide for payment of equal remuneration to male and
female workers, but it does not guarantee equal pay for equal work among men. Also, it
provides for equal wages for men and women for same or similar work, but there are legal
shortcomings and in practice discrimination in employment and wage is very much common.
A serious discrimination exists in the employment and wages of Dalits who comprise the
most exploitative section of labour. Further legislation may generate employment potentiality
of exploited workers and assure them equal benefits with the other counterpart.

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The goal of employees' state insurance schemes can be achieved by the joint efforts of
concerned citizens and other non-profit agencies, which advocate for workers proper health
care rights. Such an effort can help, at least, improve medical service, the supply of medicine
and benefits related to the accidents and occupational diseases. Genuine efforts should be
made to ensure ratification of the ILO Social Security (Minimum Standards) Convention,
1952 to provide further social security to workers in India.
“No work is insignificant. All labour should have dignity and importance.”- Martin Luther
King Jr.

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