Labor Law and its implication to protect

labor in Indian society

What is Labour law ??

• Labour law is the area of law that signifies the relationship

between workers, trade unions, and the government at large
• It plays an important role in protecting the rights of labour, their
union, and their wages, and moreover building a link between
government and workers.
• It’s a protective code for labours workers and employees to make
them aware of their rights and also to establish a standard law
regarding labour work practice
Constitutional provisions with regard to labour laws

• The relevance of the dignity of human labour and the need for
protecting and safeguarding the interest of labour as human beings
has been protected in Chapter-III (Articles 16, 19, 23 & 24) and 7
Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution
of India keeping in line with Fundamental Rights and Directive
Principles of State Policy
Directive principles of state policy

• Article 38 of the Indian Constitution

• The concept of social justice is outlined in Article 38 of the Constitution, which states that
“the State shall strive to promote the welfare of the people by securing and protecting, as
effectively as it can, social order where justice, social, economic, and political shall
inform all institutions of national life.” This directive reaffirms what is stated in the
Preamble to the Constitution, namely, that the function of the Republic is to ensure social,
economic, and political justice. Furthermore, Article 39 mandates that the state must
incorporate specific social justice principles into its legislative process.

• In the case of State of Mysore v. Workers of Gold Mines, 1958, Justice Gajendragadkar
stated that “the idea of social and economic justice is a living idea of revolutionary import
that upholds the rule of law and gives the welfare state ideal meaning and significance.”
• In accordance with Article 39(d) of the Constitution, Parliament passed
the Equal Remuneration Act, 1976 and the Act is judicially enforceable.
The Act forbids gender discrimination and requires equal pay for men and
women performing the same or similar work. The Supreme Court has
drawn the general principle of equal pay for equal work from the reading
of Articles 14, 16, and 39(d).

• The Supreme Court in Randhir Singh v. Union of India, 1982 identified that
even though the idea of ‘equal pay for equal work’ is not a fundamental
right, it is unquestionably a constitutional objective that can be upheld
through constitutional remedies under Article 32 of the Constitution.
• Articles 42 and 43 of the Indian Constitution
• Article 42 requires the State to provide for maternity leave and fair and humane
working conditions. Article 42 serves as the foundation for India’s extensive body of
labour law. All industries must provide a ‘living wage’ and comfortable working
conditions in accordance with Article 43. This clause expresses the ground-breaking
concept that certain reliefs are owed to employees as a matter of right.

• The Supreme Court has emphasized that the Constitution expresses strong concern
for the welfare of workers with regard to Articles 42 and 43. The Supreme Court has
given Article 21 a broad interpretation, including the right to live with human
dignity, by combining it with several Directive principles, including Article 42.
• Articles 23 and 24
• Human trafficking and forced labour are prohibited under Article
23. It states that trafficking in human beings and begar, as well as
other similar forms of forced labour, is prohibited, and any
violation of this provision is punishable by law. The Supreme Court
has interpreted life in Article 21 to include livelihood, and the
Court has held in several cases that any employment below
minimum wage levels is illegal because it accounts for slavery.
Article 24 prohibits the employment of children under the age of
14 in any factory, mine, or other hazardous occupation.
Preamble of the Indian Constitution

• Another significant source of authority for the legislature in enacting labour laws is the
Preamble to the Constitution. ‘Social, economic, and political justice; liberty of
thought, expression, belief, faith, and worship; equality of status and opportunity’ are
among its promises. The Preamble is developed and expanded upon in Part IV of the
Constitution, which addresses the Directive Principle of State Policy. The State is
responsible for ensuring and defending a social order in which justice, social equality,
and political stability underlie all facets of national institutions in order to advance
the welfare of the people.

• The promotion of people’s welfare is addressed by some of these directives, such as

minimising inequalities, directing the State’s policy toward securing the satisfaction of
certain minimum needs, the right to work, an education, and public assistance in some
circumstances, providing for just and humane working conditions and maternity leave,
a living wage, worker participation in industry management, providing free and
mandatory education for children, and enhancing public health.
Labour laws in India
Some of the labour laws in India are as follows:
• Laws related to Industrial Relations such as:
• Industrial Dispute Act, 1947
• Trade Union’s Act, 1926
• Industrial disputes are those that arise from a
• The main function of trade unions is to enable
workers to take collective action. When
disagreement in labour relations. The Industrial
negotiating with employers, people are in a Disputes Act, 1947, is a progressive piece of social
weak bargaining position because strikes are a legislation intended to improve the working
last resort for trade unions and should only be conditions for industrial workers. The primary
used when all other options have failed. objective of this Act is to reduce conflict between
labour and management while providing the
• The Act includes detailed provisions for highest level of assurance for economic and social
formation, procedure, and registration, as justice. The purpose of this Act was to address the
well as conditions of registration, benefits of investigation and settlement of labour disputes.
registration, and the immunities available to
union leaders when they participate in union
activities of a registered Trade Union from • The Act encourages harmonious relationships
both civil and criminal laws. The Act applies to between employers and employees and establishes
both employer associations and labour unions. procedures for peaceful conflict resolution.
Laws related to wages in
India

• The Payment of Wages Act, 1936 • Minimum Wages Act, 1948

• During the early stages of • The Minimum Wages Act was
industrialization, two common
employer malpractices were late passed in 1948 to safeguard
payment of wages and unauthorised workers’ rights by setting a
deductions from wages. The Payment of minimum wage in certain
Wages Act, 1936, was passed in
response to a recommendation made by
occupations.
the Royal Commission on Labour in 1931
to end such malpractices.
Laws relating to work hours, working
conditions and employment in India

The Factories Act, 1948 •

The Plantations Labour Act, of
The working conditions for plantation labourers are governed
1951
by the Plantation Labour Act, 1951. It applies to plantations
growing cinchona, rubber, tea, and coffee. Every plantation
• The Factories Act, 1948 was another must be registered with a registering officer. It focuses
primarily on welfare and health-related issues. Any
law enacted to promote social change. plantation to which this Act, wholly or in part, applies is
The primary objectives of the Act are referred to as a plantation, and this term includes buildings
used for offices, hospitals, dispensaries, schools, and any
to control the working conditions of the other purposes associated with such a plantation.
factory, to take appropriate measures
to ensure employee welfare, safety, • The Act specifies the working hours, a weekly holiday, and
paid time off. It also permits the employment of qualified
and health, to control working hours, inspecting, medical, or other personnel to ensure
and to provide efficient equipment for compliance with the various provisions of the Act.
Employers are required by the Act to provide housing, child
the administration of the Act. care, health care, welfare, and paid time off to their
employees. In order to carry out the requirements of the
• The Court ruled in Act, it provides the State Government with the power to
Ravi Shankar Sharma v. the State enact regulations and appoint a variety of officials, including
of Rajasthan, 1993 registering officers, Chief Inspectors, certifying surgeons,
and commissioners. Additionally, the Act prohibits the
, that the Factories Act is social employment of children on plantations.
legislation that addresses issues
relating to the welfare, safety, and
Laws relating to social security in India
The Workmen’s The Employees’
Compensation Act, State Insurance Act, The Maternity
1923 1948 Benefit Act, 1961
This Act was one of the first to be enacted to There are several laws relating to According to Article 42 of the Indian Constitution,
benefit workers. It was passed in 1923, but it the government must establish policies to guarantee
didn’t take effect until July 1st, 1924. The the social security of workers have
been passed by Parliament. The just and humane working conditions and maternity
Workmen’s Compensation Act was later
leave. This Act was passed to ensure social justice
renamed the Employees’ Compensation Act, Indian parliament enacted the for female workers. This social welfare law includes
1923. The Act applied to workers in the
sewage, firefighting, railway, tram, factory,
Employees’ State Insurance Act in a number of provisions for benefits for female wage
mine, sea, dock, and building industries. The 1948. It was the first significant earners. The Act was enacted to provide maternity
Act provides compensation for losses brought social security law passed in benefits and other benefits, as well as to regulate
on by accidents or occupational diseases independent India to provide such women’s employment in specific establishments for
occurring during the course of and arising a specified period before and after childbirth.
from employment, including death, benefits to workers in the
permanent total disability, permanent partial organised sector in situations of
disability, and temporary disability. It sickness, maternity, and workplace
established compensation based on the The Maternity Benefit Act, 1961, regulates the
seriousness of the injury suffered while injury. the main objective of the
employment of women in factories, mines, circuses,
performing duty. The Act mandates the Act is to provide certain benefits to plantations, and shops or establishments employing
payment of compensation to employees and employees in cases of illness,
their dependents in the event of death or 10 or more people, with the exception of workers
disablement caused by industrial accidents or pregnancy, and workplace injuries. who are covered by the Employees’ State Insurance
occupational diseases arising out of and in the (ESI) for specific periods before and after childbirth.
course of employment. It also provides maternity and other benefits
 Conclusion

Labour law was developed as a result of workers’ struggles for their justly deserved rights and lives
throughout the world. They engaged in disputes to defend themselves and improve their living conditions.
The field of labour law is dynamic and has a unique place in the legal profession. It has specific
components aimed at employees. In some ways, India’s labour laws resemble those of advanced industrial
societies. Many laws govern social security, workplace health and safety, and other issues such as
minimum employment standards. However, only a small portion of India’s workforce is formally covered
by the nation’s labour laws, and even among that group, the actual application of the law is very limited.