THE CONCEPT OF LABOUR LEGISLATIONS

General Introduction

Law comes into existence to cater to the growing needs of society, which may be caused by

technological, economic, political, social changes. Law is a dynamic concept. Law is like a

citadel which requires regular repairs, revamping and replacement. "Life and Laws have moved

together in history and it must do in future". It is in this perspective that the Labour Legislations

have to be studied.

Industrial Revolution and the need for Labour Legislations

Society evolves institutions to abhor vacuum created by changes. Industrial Revolution is a

epoch-making event, which completely changes the lifestyles of society from agricultural and

pastoral to industrial and materialistic one. The industrial society brought about, in its wake,

excessive exploitation of the working classes by the employer who took advantage of the

individual dispensability of the worker and wanted maximum profit on his investment. The

golden rule of capitalism that "Risk and Right" go together provided them with prerogatives to

"hire and fire". The other legal concepts which were then available were those of Master and

Servant and carrot and stick etc. The principle of common law was in operation. The law of

contract used to govern the relation between worker and the employer in which individual

contact was struck, the terns of contract were usually verbal and mostly used in cases of

breaches, leading to prosecution and imprisonment of workers. Labour and Migration Act was

another legislation which gave rise to the "Indentured labour system". Anti-Combination

legislations were in vague treating 'combination' of workers as act of criminal conspiracy.

Longer hours of work, abysmally low wages, no safety and welfare provisions, and no insurance

- the exploitation at large. State was adopting the policy of Laissez-faire (let not interfere) and
employers abused workers, taking advantage of the situation. 22 Every society on its onwards

march revises, reviews, refurbishes and reinvents its legal concept and civilised ways of living.

The changes brought about by the industrial revolution created some gaps and it became the

responsibility of the society to fill-up those gaps. Society went for certain social devices to take

care of the gaps, which are known as labour legislation. The labour legislations are the products

of Industrial Revolution and they have come into being to take care of the aberrations created by

it. They are different from common legislations, because they come to alleviate special disorders

created by specific circumstances. Therefore, they are specific and not general in orientation,

philosophy and concept.

Factors Influencing Labour Legislations in India

The factors discussed above are the general factors influencing the shape of labour legislation.

There are specific factors, peculiar to India which have influenced labour legislations.

a) Influence of colonial rule

Most of the early labour legislation came into being because of the pressure from the

manufacturers of Lancashire and Birmingham; because labour employed in factories and mills in

India were proving very cheap in comparison to their British counterpart. No doubt, these

legislations were beneficial to Indian labour but this benefit was incidental to the main purpose

i.e. the protection of the interests of British Capitalists. The British Civil Servants carried with

them the British tradition of democracy and pragmatism. The Workman Compensation Act,

1923, the Indian Trade Unions Act, 1926, the Payment of Wages Act, 1936 etc. followed British

pattern

b)The struggle for national emancipation and adoption of Indian Constitution

The Industrial Workers got support from the freedom struggle and nationalist leaders who made

tireless efforts to get protective labour legislations enacted. The Indian Trade Unions Act, the
appointment of Royal Commission on Labour etc. were because of pressure from freedom

struggle. The leaders of the national movement had promised the establishment of a better and

just social order after independence; which was ultimately embodied in the Preamble,

Fundamental Rights and Directive Principles of State Policy of the Indian Constitution.

OBJECTIVES OF THE LABOUR LEGISLATIONS

1 Different Objectives
Labour legislation in India has sought to achieve the following objectives:

(1) Establishment of justice- Social, Political and Economic

(2) Provision of opportunities to all workers, irrespective of caste, creed, religion,beliefs, for the

development of their personality.

(3) Protection of weaker section in the community.

(4) Maintenance of Industrial Peace.

(5) Creation of conditons for economic growth.

(6) Protection and improvement of labour standards.

(7) Protect workers from exploitation:

(8) Guarantee right of workmen to combine and form association or unions.

(9) Ensure right of workmen to bargain collectively for the betterment of their service conditons.

(10) Make state interfere as protector of social well being than to remain an onlooker.

(11) Ensure human rights and human dignity

Principles of Labour Legislation

There are various principles of labour legislations such as:

• Principle of Protection
• Principle of Social Justice
• Principle of Regulation
 • Principle of Welfare
• Principle of Social Security
• Principle of Economic Development
• Principle of International Obligation

There are two main principles, i.e. social justice and social equity. There are other principles too.

Principle of Social justice

The principle of social justice essentially states that all social groups must be treated the same,
no matter what. It aims to remove social inequality, as it can be clearly seen that certain groups
have been subject to social disability in terms of employment or labour. It aims to provide equal
employment opportunity to all regardless of social status of a person.

Social equity

This principle is essentially based on maintenance of legislations which is based on social equity
of labour. Laws are to be updated from time to time, circumstances are not permanent, they keep
on changing from time to time, hence there is a necessity to bring changes in the law
accordingly. This intervention by the government for making modifications or amendments, to
suit the changed situations are based upon the principle of social equity. In a nutshell, Social
equity is setting up of equitable standards for all by means of legislative provisions and
obligations to do so.

International uniformity

For this principle, the role of ILO (International Labour Organization) is noteworthy. It has
produced a good number of International Conventions and Recommendations which covers the
aspects like unemployment, general conditions of employment, wages, hours of work, young
people, women, industrial health, etc.

National Economy

This principle states that, while enacting a labour legislation, the general economic situation of
the country must be taken into consideration. Because in any country the state of national
economy is a key factor in influencing labour legislation.
Social Security

From the point of view of, “Principles of Labour Legislation and Industrial Jurisprudence, Dr.
Soumitra Kumar Chatterjee” is the concept of social security is an important part of social
justice. It is based on ideas of human dignity and social justice. It essentially means that state
must protect every citizen which in any way contributes to the promotion of the country’s
welfare.

Its measures are significant from two viewpoints:

First, they constitute an important step towards the goal of a welfare state;

Second, they enable workers to become more efficient and hence increases the industrial power
and potential.

Adoption of Social Security measures in India has been done through the implementation of Acts
like:

• The Workmen’s Compensation Act, 1923.

• The Trade Union Act, 1926.
• The Industrial Employment (Standing Orders) Act, 1946.
• The Industrial Disputes Act, 1947.
• The Minimum Wages Act, 1948.
• The Employees State Insurance Act, 1948.
• The Factories Act, 1948.
• Maternity Benefits Act, 1961.

Growth of Labour Legislation in India

In the eighteenth-century, India was not just a great agricultural country but also a great
manufacturing country. Both the European and Asian markets were mainly fed because of the
looms supplied by India. British government in India, as a matter of policy discouraged Indian
manufacturers, so that they could encourage new manufacturers of England. Their policy
essentially was to make Indian people grow only the raw materials. The British oppression in
India continued for some time, which led to the growth of Indian nationalism.
In the twentieth century, the national movement took a new turn and hence there was a demand
for Indian goods. A non-cooperation movement, which is known as Swadeshi movement, was
started, which urged the people to use the goods which were made in India and to boycott the
goods which were foreign- made.

In India, the plantation industry in Assam was the first one to attract the legislation. Several new
acts were passed from 1863 onwards for the regulation of recruitments. These legislations had
more focus on the protection of interests of the employers rather than safeguarding the interest of
the workers. Although, The Factories Act was passed in 1881 and the Mines Act was passed in
1901. But the most important Act which was passed to protect the interests of the workers was
The Workmen’s Compensation Act, 1923. Some of the other important social security
legislations are: The Employees State Insurance Act, 1948, The employees Provident Funds Act,
1952 etc.

Laws were also made to regulate the labour management relations. Some of them are: The
Industrial Disputes Act, 1947. The Trade Unions Act, 1926, and The Industrial Employment
(Standing Orders) Act, 1946. Labour legislations ensuring labour welfare and minimum
standards were also enacted. Some of them are: The Factories Act, 1948. The Minimum Wages
Act, 1948. The Payment of Wages Act, 1936, and The Payment of Bonus Act, 1965.

Further, by the setting up of International Labour Organisation (ILO), India saw many
revolutionary changes like the amendment in The Factories Act, 1881. All these amended and
enacted legislations make provisions for both, general welfare and protection of interest of the
labours in India. The positive influence of ILO was seen in the form of recognition of many new
kinds of rights that were not available to the labour class but were made available post creation
of ILO. It is important to note that until 1919, there were no important labour legislations in
India, but with the establishment of ILO, there have been many changes in the labour legislation
of our country.

REFERRED BOOKS AND WEBSITES:

1. Garg, K.C., Sareen, V.K., Sharma, Mukesh, Chawla, R.C., ―Industrial Law‖, Kalyani
Publishers
2. Sharma, A.M., ―Aspects of Labour Welfare & Social Security‖ , Himalaya Publishing House
3. Srivastava, S.C., ― Industrial Relations & Labour Laws‖, Vikash Publishing House
4. Kapoor, N. D., ―Handbook of Industrial Law‖, Sultan Chand & Sons
4. http://www.egyankosh.ac.in/bitstream/123456789/6911/1/Unit-3.pdf