CONSTITUTIONAL BASIS OF MODERN LABOUR LAW

LEGISLATIONS
We are living in a dynamic world. The world has been regulated under various laws and these
laws are necessary for the proper functioning of the country. Every place needs laws to regulate
and there might be needs to also change these laws accordingly. Constitutional law is a code of
law which lays down the powers, role, and structure of the various institutions of the State and
the basic Fundamental rights of the citizens. The institutions are Legislation, Executive and
Judiciary. The Constitution of India is the base for any laws that has been passed in the country.
Labour legislations are formed for the working class people to provide and secure their legal
rights. It provides equality among people, ensures equal opportunities regardless of their race,
caste, or gender. These laws are fair and impartial to all the people. Objectives of labour
legislations can be providing justice, equal opportunities, protection of the weaker sections of the
society, maintaining industrial peace, prompt payment of wages, improving the standard of
living of the labourers, protection against exploitation, and ensures human rights and dignity.

CONCEPT OF LABOUR WELFARE

Labour welfare is the taking care of the welfare of the employee’s by employers, trade unions,
government and other agencies. The Committee on Labour Welfare, 1969 noted that, “labour
welfare includes such services, as facilities and amenities as adequate canteen, rest and
recreational facilities, sanitary and medical facilities, arrangement to travel to and from work,
and for accommodation of workers employed at a distance from their home and such other
amenities and facilities contribute to improve the condition under which workers are employed.”
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Some of the labour law legislations in India include the following:

1. The Employee’s Compensation Act, 1923

2. The Trade Unions Act, 1926
3. The Payment of Wages Act, 1936
4. The Industrial Disputes Act, 1947
5. The Minimum Wages Act, 1948
6. The Factories Act, 1948
7. The Maternity Benefit Act, 1961
8. The Employee’s State Insurance Act, 1948
9. The Payment of Bonus Act, 1965
10. The Equal Remuneration Act, 1976
11. The Bonded Labour System (Abolition) Act, 1976
12. The Inter-State Migrant Workmen (Regulation of Employment and Condition of Service)
Act, 1979

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Report of the Study Team Appointed by the Government of India, 1969
CONSTITUTIONAL PROVISIONS WITH REGARD TO LABOUR
LEGISLATIONS
The Constitution of India safeguards the rights of labourers. These are in the form of
Fundamental rights and Directive Principles of State Policy. The main Articles of the
Constitution of India that supports, protects and act as a guideline for various labour legislations
for their effective working have been discussed. Article 14, 19(1) (c), 21, 23, and 24 are
fundamental rights and Article 39-A, 41, 42, 43, 43-A, 45, 46, and 47.

 PREAMBLE

The Preamble seeks to provide Justice (social, economical and political), Liberty of thought,
expression, belief and worship, Equality of status and opportunity and Fraternity assuring dignity
of all individual and to maintain unity and integrity. These are the objectives mentioned under
the Preamble of Indian Constitution. It protects people from being discriminated on the basis of
race, caste, religion, sex, etc. and also on the basis of wealth and economic status.

 FUNDAMENTAL RIGHTS

Articles under the fundamental rights which safeguards employee’s rights are mentioned below:

Article 14 - It talks about equality before law. The State should treat and laws should be
applicable equally for each individual in every situation. Equality before law as interpreted in
labour law is “equal pay for equal work”. This says that all people working should be treated
equally and should be paid equally, and there should not be any kind of discrimination.

In Randhir Singh v. Union of India2 case, the Supreme Court held that although the principle of
“equal pay for equal work” is not a part of fundamental right but it is a constitutional goal and it
can be enforced through constitutional remedies.

Article 19(1) (c) – This article provides people to for unions and associations. The Trade Unions
Act of 1926 works through this Article. Employees can and has the right to voice against about
the problems that they are facing. Union creates a sense of strength in labourers.

Article 21 – This article read as “no person shall be deprived of his life and or personal liberty
except according to procedure of law.” Every person has right to life and personal liberty.

Article 23 – This article any kinds of forced labour. Workers are not slaves; they should also be
treated with respect. This is called bonded labour. The State has the right to prohibit any kind of
forced labour. In Peoples Union for Democratic Rights v. UOI case, the Supreme Court held that
traffic in human and beggar are other forms of forcer labour. The Bonded Labour (Abolition) Act
prohibits any kind of forced labour.

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Randhir Singh v. UOI & Ors, 1982, AIR 879, SCR (3) 298
Article 24 – This article prohibits employment of children below 14 years in hazardous
environment. Child labour is an offence under the law, but still happens in some places.

 DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

Part IV of the Constitution of India is the DPSP, this works for the welfare of the citizens. This
also guides the law makers in making the labour law.

Article 39 A – This article says that both men and women should be treated equally, should get
equal opportunities and should have a means to earn for livelihood and free legal aid.

Article 41 – This article provides every person the right to work. It is the duty of the State to
ensure that every person is getting the right to work an education.

Article 42 – The State shall make sure the secure just and humane conditions for work and
provide maternity relief for pregnant women.

Article 43 – The State shall secure wage, provide a decent working condition, equal
opportunities, and improve standard of living for labourers.

Article 45 – This article directs the State to compulsorily provide free education to children until
the age of 14.

Article 46 - The State shall provide a special care for the weaker section of the society,
especially SC/ST classes and protect them from any kind of exploitation.

Article 47 – This article directs the State increase the level of nutrition and standard of living,
and improve public health.

CONCLUSION
Constitution of India is the base for every law in the country. The introduction of labour law is
the outcome of the struggle done by the workers; they fought for their security and for a better
life. Fundamental rights and DPSP plays a major role in making labour laws. These laws are
necessary for the providing support the weaker section of the society.