Labour and the Constitution

Dr.S.Jailap Deen, MSW.,M.Phil,.Ph.D

 -series of labour laws in order to protect
and promote the interests of labour
-The constitutional framework &
fundamental rights guaranteed under the
constitution.
-The philosophy of Social Justice
-The aims and objectives of
International labour organisation (ILO) and
its role in pursuit of social justice
- The role of law in industrial relation
Contents

1. Introduction

2. Constitutional Framework

3. Social Justice

4.ILO – in of
Pursuit Justice Social

5.Role of Law Industrial

in Relations
Introduction
The sweeping character of the transition
from a simple agricultural set-up to a
complex urban industrial society has
in the emergence of labour
resulted in India.
problems

Since the workmen were not organized, they

had no bargaining power and had to work
long hours at low wages under unhygienic
work conditions.
contd...
The Government of India, therefore, enacted
a series of legislation to protect the working
class from exploitation & to bring about
improvements in their living & working
conditions.

Industrial Disputes Act, ESI Act, Factories

Act, Minimum Wages Act were enacted. The
goals set in our Constitution have a bearing
on industrial legislation and adjudication.
Constitutional Framework
Indian Constitution guarantees
fundamental rights to its citizens and has laid
down certain directive principles of
state policy for the achievement
of social order based on Justice

Equality of opportunity to all citizens in

matters of employment is guaranteed. Traffic
in human beings, forced labour, employment
of child labour in factories , mines or at other
hazardous location is prohibited
contd...
These are directive principles, and hence not
enforceable by any court. It shall be the duty of
the State to apply these principles in making
laws.

Labour is on the Concurrent List on which the

Central as well as State governments have
power to make laws.

Article 39, 41, 42 and 43 have a special

relevance in the field of industrial legislation &
adjudication.
contd...
Article 39 accentuates the basic philosophy of
idealistic socialism & provides
a motivation force to the Directive
principles by laying down that the State
shall direct its policy towards equal pay
for men &
women.
Article 41 lays down that the State shall, within
limits of its economic capacity & development,
provide for right to work, to education, & pubic
assistance in case of unemployment, old age,
sickness, disablement and other cases of
undeserved want.
contd...
Article 42 enjoins the State
government to make provision
for securing just & humane &
conditions of work for
maternity relief. The Factories Act,
1948 for
provides health, of young
safety, welfare, employment
persons and women, hours of work for
adults, holidays and leave with wages.
contd...
Contract Labour [Regulation and Abolition] Act
was passed to protect contract labour from
exploitation.

Article 43 enjoins the State to assure a living

wage, conditions of work ensuring a decent
standard of life and full enjoyment leisure, &
social and cultural opportunities.
Minimum Act, 1948 provides for
wages fixation
minimum wages of
by governments for workers.
contd...
Social security under these articles was provided by
enacting ESI act in 1948 which included benefits like
sickness & extended sickness, maternity, disablement,
dependents' funeral and medical benefits

Employees' PF act and Maternity benefits acts are

also social security measures

Apprenticeship Act supplemented institutional

training on-the-job training and regulated the
training arrangement in industry.
Social Justice
In industrial adjudication, the concept of social
justice has been given wide acceptance. But the
term social justice is not precisely defined.
In one of its verdicts the court assigned broader
& positive role to in these words 'The concept
of social justice is not narrow or one sided, nor
is it pedantic nor limited to industrial
adjudication alone.
It is founded on the basic ideal of socio economic
equality and its aim is to remove socio economic
disparities. It adopts a realistic and pragmatic
approach
contd...
In a democratic society, administration of
justice is based on the rule of law, which is
dynamic and includes within its imports
social justice. It has been given a place of
pride in our Constitution.
The philosophy of justice has now become
an integral part of industrial jurisprudence.
In a welfare state it is necessary to apply the
general principles of social & economic
justice to remove imbalances in political,
economic and social life of the people.
ILO – in Pursuit of Social
Justice
The ILO affirms that universal & lasting
peace can be established only if it is based
upon social justice, draws attention to the
existence of conditions of labour involving
injustice, hardship and privation of a large
number of people, and declares that
improvement of these conditions is urgently
required through such means as:
Regulation of hours of work,
Prevention of unemployment,
contd...
Provision of living wage,
Protection of workers against
sickness, disease, injury arising out
of employment,
Protection of children
persons young and
women .
Protection of the interests of migrant
workers , recognition of the
of freedom of association, and principle
Organization of vocational &
technical education.
ILO further declares

1. that labour is not a commodity;

2.that freedom of expression and
association is essential for sustained
progress;
3.that poverty anywhere constitutes a
danger to prosperity everywhere
and...
contd...

and that the war against want requires to

be carried on with unrelenting vigour by
each nation by continuous &
and
concerted efforts by workers and
employers enjoying status with
government equal joining
and dmocraticindecision
free for the discussion
promotion
of common welfare
Three main functions of ILO:
i. To establish international labour standards
ii. To collect & disseminate information on
labour & industrial conditions
iii. To provide technical assistance for carrying
out programmes of social & economic
development.

From the very beginning , the ILO has been

confronted with the tremendous task of promoting
social justice by improving the working & living
conditions of labour in all parts of the world.
contd...
 In order to achieve
objectives
its , the ILO has relied
on its standard setting
function. The international labour
standards take the form of Conventions &
recommendation.
 A Convention is a treaty which when
ratified creates binding international
obligation on the country concerned.
 On the other hand, a recommendation
creates no such obligation but is
essentially a guide to national action.
contd...
India has been one of the
founder members of the ILO. Out of 173
conventions adopted by the ILO, India has
ratified 36 conventions & these have been
incorporated in existing legislation.
Conventions not ratified have indirectly
guided and shaped the Indian labour
legislation in a far reaching manner.
The ILO standards have a decisive
impact on the factory, mines, social security
and wage legislations in India.
Role of Law in Industrial Relations
In India while there is
an agreement on the need for reforms, areas
for reform and the nature of required
reforms, major dis-agreements exist as to
the part that the law should play in any
scheme of reforms.
There is one school which believes that the
reforms should not include new legislation,
while the other thinks introduction of some
new legislation is mandated. Any legislative
reform by definition involves the law.
 contd...
Some believe that the law should fulfill an abstentionist
role. All substantive matters industrial
of should be regulated relations themselves
by parties legal constraint or free from
obligation.
Others want the law to be the main instrument of
directing & controlling the system. This view implies
an extensive system of regulatory legislation directing
the parties in their activities & forcing changes
whenever necessary.
Summary
It is gratifying to note that apart
from the fundamental rights, India's constitution
embodies within itself, in Part IV, Directive Principles of State
Policy.

The functions and duties of States as contained in Directive

Principles have given rise to concept of social justice.

The old idea of laissez faire has given place to a new idea of
welfare state. The philosophy of social, economic and political
justice has been given a place of pride in the Constitution, as
well as in the aims & objectives of ILO
contd...

The development and growth of industrial

law a closeanalogyto the
presents and growth of
development constitutional
law.
A series of labour laws covering labour
welfare and social security were enacted for
protecting and promoting the overall welfare
of different categories of working class.
Thank you