MODULE 1

Labour Legislations
1.1 Labour legislations and constitution of India
1.2 ILO and labour legislations in India
1.3 Foundation of Industrial and Labour Laws in India
1.4 Industrial Labour Laws and social justice
1.5 Central and state laws
1.6 Landmark judgments

Labour Legislations and Constitution of India

The Constitution of India protects the life and liberty of an individual. In the Olga Tellis case,
the SC held that Right to Livelihood is an integral part of Right to life and hence will be
protected under Article 21. Apart from this, the Constitution enlists several provisions which
guarantee protection of the interests of employees and safeguards them against any kinds of
discrimination in matters of public employment.

Essential provisions in the Constitution are:

 Article 14: Right to Equality
 Article 16: Equality of opportunity in matters of public employment
 Article 19: the right to form associations and unions
 Article 21: Right to livelihood under Right to Life
 Article 23: Prohibits traffic in human beings and forced labour
 Article 24: prohibits child labour below the age of 14 years
 Article 39(d): ensures equal pay for equal work for both men and women.

Case Laws
Randhir Singh v. Union of India:
 The court made an important observation regarding the principle of "equal pay for
equal work."
 The court referred to Articles 14, 16, 19, and 30 of the Constitution while discussing
this principle.
 The court emphasized that "equal pay for equal work" is not just an abstract concept
but a substantial doctrine with practical implications.
 The court stated that when interpreting Article 14 and 16, it is essential to consider the
Preamble and Article 39(d) of the Constitution.
 According to the court, the principle of "equal pay for equal work" can be derived
from these Articles and should be properly applied in cases where there are unequal
scales of pay without any valid or reasonable classification.

Amita v. Union of India:

 the Supreme Court made an important interpretation of Article 16(1) of the
Constitution.
 The court held that the phrase "matters relating to employment or appointment"
mentioned in Article 16(1) includes not only matters directly related to the
employment or appointment but also those that are incidental to the employment and
form part of the terms and conditions of such employment.
 This means that any issues or aspects related to employment, both before and after the
actual employment takes place, are covered under Article 16(1).
  The court's interpretation broadens the scope of Article 16(1) and recognizes that
matters beyond the initial appointment, such as terms and conditions of employment,
are integral to the employment relationship.

ILO and labour legislations in India

The ILO has played a key role in promoting international labour standards. It was set up in
1919 under the Treaty of Versailles. India is a founder member of ILO.
There are certain fundamental principles of the ILO that were laid down at the time of its
inception. These principles are known as the Charter of Freedom of Labour. The main
principles of ILO are as follows:
 Labour is not a commodity
 Freedom of expression and of association are essential to sustained progress.
 Poverty anywhere constitutes danger to prosperity everywhere.
 The war against want requires to be carried on with unrelenting vigour within each
nation and by continuance and concerted international effort in which the
representatives of workers and employers, enjoying equal status with those of the
governments, join them in free discussion and democratic decision making with a
view to promotion of common welfare.
The ILO has greatly influenced labour legislation in India. So much that most labour
legislations have been enacted in conformity with the ILO conventions.

Structure and Activities of ILO

ILO is a tripartite organization consisting of representatives of govts, employers and workers
of the member-countries. The structure of the organization has helped in welding together
employers and workers in various countries (including India) into independent organizations.
The ILO operates through its:
 Governing Body
 International Labour Office
 International Labour Conference which meets once a year to review the international
labour scene.