SUBJECT: LABOUR LAW II

TOPIC: RESEARCH PAPER- A CRITICAL ANALYSIS OF LABOUR LAW

TO SAFEGUARD THE INTEREST OF FEMALE WORKERS BY
PROVIDING EQUALITY IN INDIA

SUMITTED BY:

ARUNA

LLB, 3YEARS, 5TH SEM

INDEX

SL.NO TOPICS PAGE.NO

1
 1. ABSTRACT 3

2 METHODOLGY 3

RESREACH QUESTIONS 3
3

4 INTRODUCTION 4-5

5 ANALYSIS 5-9

6 CONCULSION 9-10

7 REFERENCES 10-11

A CRITICAL ANALYSIS OF LABOUR LAW TO SAFEGUARD THE INTEREST OF

FEMALE WORKERS BY PROVIDING EQUALITY IN INDIA

1. ABSTRACT:

The jurisprudence of monetary improvement has validated the vigorous function of

commercial laws as an instrument of societal and financial justice. Social justice manner the
attainment of socio-economic objectives laid down with the aid of the legislature. Financial
soundness is the base of precept of equality of woman workers. For a long term, female

2
employees had been discriminated in matters of employment and it was felt that gender
equality did no longer locate its fulfilment even on the arms of judges. If, we actually need to
upgrade the fame of female employees we have to apportion foremost widespread roles to
them. Female are biologically distinctive from adult males so here equality denotes the equal
role thinking about this condition however difference in time period of wages is
discrimination. The hassle changed into looked after via enacting numerous seasoned girl
worker provisions just like the Maternity Benefit Act, 1961 with the Amendment Act of 2017
and the Equal Remuneration Act, 1976 and many others. The Constitution of India
additionally directed the State to make special provisions in favour of them. The Supreme
Court by deciphering of articles 14, 15,16 and 21 of the Indian Constitution has intended
considerably to make certain gender justice and no discrimination policy in employment
matters. This research paper deals with the provisions of Labour Laws related to female
workers and the way it's far making sure and sustaining the socio- economic justice and
equality to maintain the dignity and raise the standard of the society.

KEYWORD: Employment, Enactments, female workers, Industrialization, Inequality,

Socio-economic suitability.

2. METHODOLGY:

Data is collected by the secondary data which collected by journals, articles, case laws, law
reports, e-sources for the purpose of this study.

3. RESEARCH QUESTIONS
i) Whether statutory enactments, and amendments helped women in uplifting their
status in the society?
ii) Whether statutory enactments amended in labour law helped female workers
interest getting equality in the society they are working?
4. INTRODUCTION:

In the field of Labour Law, the female workers have been assigned a special role in view
in their precise traits mentally and physically. The law of the land i.e. The Constitution of
India carries quantity of provisions to prohibit gender primarily based discrimination and
interest of the female. The preamble specially proclaims that fundamental functions of the
constitution is to comfortable justice whether it's miles economic, social or political and
additionally the opportunity and standing equality to all the citizens. This is regardless of

3
 the sex. This specific mandate given to the State has resulted in quantity of protecting,
useful and fitness provisions made in various enactments for the advantage of woman.

Recently in the case of Anshu Rani vs State of UP1in this case it was held that the
Allahabad High Court held that a woman employee is entitled to maternity leave for a full
period of six months.

Associate Banks Officers Association v. State Bank of India. 2in this case supreme court
held that the principle “equal pay for equal work” meaning by no discrimination should
be there between male and female worker with respect to the wages of their equal work in
the same organisation. In India, the equal remuneration to male and female workers and is
meant to prevent discrimination on the ground of sex, against female workers in the
matter of employment.

In labour law there are number of provisions which are enacted and incorporated for the
benefit of female workers, such as:

a. Equal Remuneration for Men and Female workers

b. Maternity Benefit

c. Employees’ State Insurance

d. Factory Employment

e. Mines Employment

f. Sexual Harassment of Female workers at Workplace.

5. ANALYSIS:
a) EQUAL REMUNERATION FOR MEN AND FEMALE WORKERS

The Equal Remuneration Act, 1976: The Constitution of India in its Article 39 of
directive ideas of country policy explicitly directs the States to make provisions to make

1
WRIT - A No. - 3486 of 19, April of 2019.

2
(1997), S.C.C with Writ Petitions {Civil} Nos. 763/89 and 819/90.

4
 certain same pay for equal payment for each male and female worker. For the stated
motive, Equal Remuneration Act, 1976 has been enacted.

The ILO Constitution of 1919, and the ILO Convention on Equal Remuneration 1951,
both understand the precept of “equal pay for work of equal value.” This is likewise
enshrined within the Constitution of India below Articles 14 and 15, in addition to the
Equal Remuneration Act of 1976. Despite such reputation regularly the issue of equal
pay for female workers is going un-championed, even by way of trade unions, as they
frequently do not view this to be a hassle that influences the workers as an entire.3

Equal Work: To determine the idea of equal work there are quantity of things like
capabilities, nature and situation of work. These elements must be taken care of before
rationally dispensing the obligation and to avoid discrimination. 4 In doing so the
responsibilities certainly and usually completed by men and woman worker and no longer
theoretically viable, must be looked at.

In case Air- India v. Nergesh Meerz5 There was the query of unequal put up-retirement
benefits between the air hostesses and assistant flight members though their work is
greater or comparable. The Supreme Court held that:

“If at the threshold the basic requirements of two classes are absolutely different and
poles apart even though both the classes may during the flight work as cabin crew, they
would not become one class of service.” The ground of difference was based upon the
requirement and conditions of service not upon or based on the sex. So this was not the
case of discrimination.

Penalties: The punishment underneath this provision for committing any act through
corporation which is listed underneath is minimum 10000 rupees first-rate which may
additionally increase to 20 thousand or imprisonment of 3 months to or both for first
offence. For the second one or subsequent offence the employer can be imprisoned up to
two years.

The acts that are in contravention of this Act:

(a) Making any recruitment.

3
https://blog.ipleaders.in/womens-rights-labour-law-statutes-india/
4
R. Hunter, “Representing Gender in Legal Analysis: A Case/Book Study” (1991) 18 Melbourne University
Law Review 305, 305.
5
1981 AIR 1829, 1982 SCR (1) 438

5
 (b) Making any unequal price of remuneration for comparable nature work to male and
woman employees.

(c) Making any discrimination between men and lady workers. Or

(d) Under s.6 of the Act, if enterprise is omitting or failing to perform any directions
made by way of the Appropriate Government.

b) MATERNITY BENEFIT

The Maternity Benefit Act, 1961 and The Maternity Benefit (Amendment) Act,
2017: The parliament has handed the Maternity Benefit Act in the 12 months 1961 in
pursuance of the constitutional provision under Article 42 which courses the State to
inculcate the norms for making sure fair and humanitarian environment of labour and for
maternity aid/alleviation/benefit.

i. Object: Female are biologically exceptional from male because they're blessed with
their baby beginning capability. During this period, they need special care but with no
economic loss that’s why the parliament enacted this Act to offer maternity and different
advantages all through positive duration (Before and after baby birth).

ii. Maternity Benefit: It denotes the economic advantages which may be calculated as
the common of her every day wage in the course of the time of real absence what she is
entitled to say for as in line with the provisions of the Act. The most duration for
maternity advantage is 26 weeks of which most eight weeks shall be afore the date of her
anticipated delivery.6 Municipal Corporation of Delhi  v/s  Female Workers (Muster
Roll) & Anr.7In this landmark judgement the supreme court held that that the provisions
of the Maternity Benefit Act, 1961 entitled Maternity Leave even to the women engaged
on casual basis or muster roll basis and not only those on regular employment to the
maternity assistance under the Maternity Benefit Act, 1961 and Amendment Act of 2017.

iii. Other Benefits: Leave for clinical termination of pregnancy or miscarriage, fee of
clinical bonus, go away with wages for tubectomy operation, go away for infection
because of pregnancy, transport and so on., nursing breaks and no discrimination at some
point of absence of pregnancy.

6
https://www.lawyersclubindia.com/articles/Protection-of-women-under-the-labour-laws-6511.asp
7
2000 SCC (L&S) 331

6
 iv. Penalties: If any organisation/ organisation fails to pay any amount (legally received
by her) of maternity advantage to a female beneath this Act, the punishment for the act is
minimum 3 months to most 300 hundred rupees fine and 65 days of imprisonment and
exceptional also. If an organization obstructs the Inspector or every other authority
appointed by using the authorities under this Act from imposing the provision of this Act,
the same is an offence and is punishable. Thus, this Act creates unique offences in so far
as non-implementation of the availability of this Act is concerned.

In Dr Pooja Jignesh Doshi v. The State of Maharashtra and Another 8 the division
bench of High Court of Bombay (Court) reiterated that even in case of birth of a child by
surrogacy, the parents who have lent the ova and sperm, would be entitled to maternity
leave and paternity leave.

C. EMPLOYEES’ STATE INSURANCE

The Employees’ State Insurance Act, 1948: In case of contamination, maternity, physical
disablement whether or not transient or permanent; the workers are involved about their
supply of income, the Employees’ State Insurance Act, 1948 affords them a protection of
profits in case of any contingency by means of shielding their hobbies. The Act also
ensures reasonably correct medical care to employees and their immediate dependents.
Following the promulgation of the Employees’ State Insurance Act the Central Govt. Set
up the Employees’ State Insurance Corporation to manage the Scheme. On February
twenty fourth 1952 this scheme become applied at Delhi and Kanpur. The benefit
supplied to the personnel beneath the Act are also in conformity with International
Labour Organization conventions.

D. FACTORY EMPLOYMENT

The Factories Act, 1948: S. 27 of the Act, “no female or infant will be employed for
pressing cotton in any a part of a manufacturing unit wherein a cotton opener is at
paintings.” The motive for this type of provision seems to be safeguard the life and limbs
of the girl and child employed. S.48 of the Factories Act states that during each
manufacturing facility where exceeding the number of thirty girl people are usually
employed, for their kids’ children who are under six years of the age, secure rooms/ space
needs to receive to everyday care of these children. The appointment of a properly-

8
Writ Petition No. 1665 of 2015, decided on 3 July 2019.

7
 educated lady is the responsibility of employer to attend to the toddlers and kids of those
working girls in that manufacturing unit. To hold the hygiene, is the prima facie
responsibility of the organization. Thus S. 48 imposes a statutory compulsion at the
employers to come up with the money for the crèche facility for the children of lady
people. U/s 19(1) there's a provision of offering to people in entire manufacturing facility
running hours “prescribed kind sufficient latrine and urinal accommodation.

E. MINES EMPLOYMENT

The Mines Act, 1952: Female workers aren't allowed to do work beyond the duration ie.
Between 6 am and 7 pm in a mine which is below the ground. Again, the phase says that
if a lady is employed above the ground in a mine despite the fact that there may be restrict
on her working hours e.g. There have to be an interval of 11 hours among the termination
of one-day employment and beginning of second day employment. This is to enabling the
female employee to avail enough relaxation among successive working days.

F. SEXUAL HARASSMENT OF FEMALE EMPLOYEES AT WORKPLACE

The Sexual Harassment of Female people at Workplace (Prevention, Prohibition and

Redressal) Act, 2013: Equality includes the identical paintings environment safe for male
and lady employees both. Any type of harassment is strictly prohibited whether mental or
physical or sexual. To protect the interest of woman employees at work location
parliament has enacted this Act. Article 14,15 and 21 of The Indian Constitution gives us
the right to fine and proper to life and personal liberty as essential rights, sexual
harassment at place of work violates these rights. It creates insecure and dangerous work
surroundings for female employees with loads of stress, uncertainty and depression which
is affecting the health of female employee and adversely influences her usual growth. As
in step with the Vishaka judgment. 9 ‘Sexual Harassment’ is a considerable terminology
which includes nearly every form of unwelcomed act such as physical touch, any call for
for sexual favour, sexually oriented feedback, demonstration of any porn video or clip or
audio or another unwelcomed direct or implied conduct.

Punishment: If a worker is indulging in any aforesaid act which comes below the
definition of sexual harassment, he shall be punished with the punishment cited in the
Act. Section thirteen of the Act lists diverse provisions which can be as follows:

9
"Supreme Court Cases (Labour & Services)". SCC(L&S). Lucknow: EBC, 2015. (Monthly).

8
i. Any punishment mentioned in the organizational service rules;
ii. If there are no service regulations then the company can take any disciplinary
movement in opposition to the worker along with: requesting written apology by
using giving him caution,
iii. Preventing the merchandising, if there are not any such provider rules then the
agency can ask for any disciplinary movement including written apology, caution,
reprimand, condemnation, withholding of any or each monetary benefit which
includes income hike or termination of his offerings. The corporation can also
suggest him for counselling sessions; and
iv. The enterprise can compensate the repayment given to the lady employee who is
aggrieved from his wages.
6. CONCULSION:

India being a founding member of the International Labour Organization has attempted
extraordinarily laborious to stick to the requirements provided with the aid of the
International Labour Organization : The unique rights furnished to girls in numerous
labour legal guidelines (i.e. The Factories Act, 1948, The Mines Act, 1952, The
Plantation Labour Act, 1951, The Building and Other Construction Workers’ (Regulation
of Employment and Conditions of Service) Act, 1996, The Beedi and Cigar Workers
(Conditions of Employment) Act, 1966, The Contract Labour (Regulation and Abolition)
Act, 1970, The Inter-State Migrant Workmen (Regulation of Employment and Conditions
of Service) Act, 1979, The Maternity Benefit Act, 1961, The Employees’ State Insurance
Act, 1948, The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952,
The Payment of Gratuity Act, 1972, and The Workmen’s Compensation Act, 1923,
Minimum Wages Act, 1948, Payment of Wages Act, 1936 and Equal Remuneration Act,
1976) are evidence of this.

Equality composes the fundamental structure of Indian Constitution. For the safety of
those the parliament and country legislatures are empowered to make laws and make sure
their enforcement. The legislature has enacted adequate of laws specifically below labour
laws to relaxed economic equality of guy and ladies by providing special benefits to the
female workers. Beside these benefits the female employees also enjoy common benefits
that are to be had to both the male as well as female employees operating in equal
industries. They encompass abolition of bonded labour gadget, prohibition of infant
labour, coverage of workers, provident fund, gratuity, weekly holidays, canteen facilities,

9
 relaxation rooms and scientific benefits and many others. This listing best illustrative in
nature and exhaustive. Their herbal negative aspects and precise functions of motherhood,
justifies the requirement of unique labour law provisions and the Indian Constitution
which provides in its Article 15 (3) that the State might also make special provisions for
the woman and youngsters. All the above provisions were made in pursuance of the
power conferred at the State by virtue of the above fundamental rights.

However, it's miles important to be aware that a number of these defensive law have
backfired and proved to be counterproductive in nature. The best way to solve such
troubles in socially as opposed to legally, i.e. By using making the work environment
safer through social intervention, felony regulations which might be paternalistic in nature
may be relaxed. The next degree of effort that India needs to make is to increase effective
implementation and redressal mechanisms. The quality manner to make sure powerful
implementation of these provisions and redressal of any court cases is to start
implementation at a grassroots stage, i.e. At the level of person businesses, and
employers. This will make certain that the moves are greater particular in nature and will
bring about extra concrete outcomes.

7. REFERENCES:
i. Cases
1. Anshu Rani v. State of UP (2019) WRIT - A No. - 3486 of 19, April of 2019.
2. Associate Banks Officers Association v. State Bank of India (1997), S.C.C with Writ
Petitions {Civil} Nos. 763/89 and 819/90.
3. Air- India v. Nergesh Meerz 1981 AIR 1829, 1982 SCR (1) 438
4. Dr Pooja Jignesh Doshi v. The State of Maharashtra and Another Writ Petition No.
1665 of 2015, decided on 3 July 2019.
5. Municipal Corporation of Delhi v/s Female Workers (Muster Roll) & Anr2000 SCC
(L&S) 331
ii. REFERENCES
1. https://blog.ipleaders.in/womens-rights-labour-law-statutes-india/
2. R. Hunter, “Representing Gender in Legal Analysis: A Case/Book Study” (1991) 18
Melbourne University Law Review 305, 305.
3. https://labour.gov.in/womenlabour/about-women-labour
4. https://blog.ipleaders.in/womens-rights-labour-law-statutes-india/

10
5. Reports: Government of India Planning Commission, Report of the Working Group on
Labour Laws and other Labour Regulations, 2007.
6. Journals: "Supreme Court Cases (Labour & Services)". SCC(L&S). Lucknow: EBC,
2015. (Monthly).
7. Supreme Court of India Digest containing Case Law - Labour & Services:
8. . Surendra Malik. Supreme Court Labour & Services Digest (Hardcover). India: EBC.

PLAGIARISM SCAN REPORT

Words 1013Date October 31,2020

Characters 6339Exclude URL  

0% 100% Plagiarized 0
 

 
 

 
 

 
42
Plagiarism  

Unique    

Unique Sentences
 
 

   
 

 
Sentences  

   

             

Content Checked For Plagiarism

A CRITICAL ANALYSIS OF LABOUR LAW TO SFEGUARD THE
INTEREST OF FEMALE WORKERS BY PROVIDNG EQUALITY IN INDIA
10. 1. ABSTARCT:
11. The jurisprudence of monetary improvement has validated the vigorous function of
commercial laws as an instrument of societal and financial justice. Social justice
manner the attainment of socio-economic objectives laid down with the aid of the
legislature. Financial soundness is the base of precept of equality of woman workers.
For a long term, female employees had been discriminated in matters of employment
and it was felt that gender equality did no longer locate its fulfilment even on the
arms of judges. If, we actually need to upgrade the fame of female employees we
have to apportion foremost widespread roles to them. Female are biologically
distinctive from adult males so here equality denotes the equal role thinking about
this condition however difference in time period of wages is discrimination. The
hassle changed into looked after via enacting numerous seasoned girl worker
provisions just like the Maternity Benefit Act, 1961 with the Amendment Act of 2017
and the Equal Remuneration Act, 1976 and many others. The Constitution of India
additionally directed the State to make special provisions in favour of them. The
Supreme Court by deciphering of articles 14, 15,16 and 21 of the Indian Constitution
has intended considerably to make certain gender justice and no discrimination
policy in employment matters. This research paper deals with the provisions of
Labour Laws related to female workers and the way it's far making sure and

11
 sustaining the socio- economic justice and equality to maintain the dignity and raise
the standard of the society.

PLAGIARISM SCAN REPORT

Words 987 Date October 31,2020

Characters 6102 Exclude URL  

9%  

 
91%Plagiarized 4
 

 
 

 
39
Plagiarism  

Unique    

Unique Sentences
 
 

   
 

 
Sentences  

   

             

Content Checked For Plagiarism

MATERNITY BENEFIT
The Maternity Benefit Act, 1961 and The Maternity Benefit (Amendment) Act, 2017:
The parliament has handed the Maternity Benefit Act in the 12 months 1961 in
pursuance of the constitutional provision under Article 42 which courses the State to
inculcate the norms for making sure fair and humanitarian environment of labour and
for maternity aid/alleviation/benefit.
i. Object: Female are biologically exceptional from male because they're
blessed with their baby beginning capability. During this period, they need
special care but with no economic loss that’s why the parliament enacted
this Act to offer maternity and different advantages all through positive
duration (Before and after baby birth).
ii.Maternity Benefit: It denotes the economic advantages which may be calculated as the
common of her every day wage in the course of the time of real absence what she is entitled to
say for as in line with the provisions of the Act. The most duration for maternity advantage is 26
weeks of which most eight weeks shall be afore the date of her anticipated delivery. Municipal
Corporation of Delhi v/s Female Workers (Muster Roll) & Anr. In this landmark judgement the
supreme court held that that the provisions of the Maternity Benefit Act, 1961 entitled Maternity
Leave even to the women engaged on casual basis or muster roll basis and not only those on
regular employment to the maternity assistance under the Maternity Benefit Act, 1961 and
Amendment Act of 2017.
iii.Other Benefits: Leave for clinical termination of pregnancy or miscarriage, fee of
clinical bonus, go away with wages for tubectomy operation, go away for infection
because of pregnancy, transport and so on., nursing breaks and no discrimination at
some point of absence of pregnancy.
iv.Penalties: If any organisation/ organisation fails to pay any amount (legally
received by her) of maternity advantage to a female beneath this Act, the
punishment for the act is minimum 3 months to most 300 hundred rupees fine and
65 days of imprisonment and exceptional also. If an organization obstructs the

12
Inspector or every other authority appointed by using the authorities under this Act
from imposing the provision of this Act, the same is an offence and is punishable.
Thus, this Act creates unique offences in so far as non-implementation of the
availability of this Act is concerned.
In Dr Pooja Jignesh Doshi v. The State of Maharashtra and Another the
division bench of High Court of Bombay (Court) reiterated that even in case of
birth of a child by surrogacy, the parents who have lent the ova and sperm,
would be entitled to maternity leave and paternity leave.
C. EMPLOYEES’ STATE INSURANCE
The Employees’ State Insurance Act, 1948: In case of contamination, maternity, physical
disablement whether or not transient or permanent; the workers are involved about their supply
of income, the Employees’ State
Insurance Act, 1948 affords them a protection of profits in case of any contingency by means of
shielding their hobbies. The Act also ensures reasonably correct medical care to employees and their
immediate dependents. Following the promulgation of the Employees’ State Insurance Act the Central
Govt. Set up the Employees’ State Insurance Corporation to manage the Scheme. On February
twenty fourth 1952 this scheme become applied at

13