LABOUR LEGISLATION IN INDIA UNIT -I

INTRODUCTION:Labour Legislation refers to all laws of the Government which have been enacted to provide social and economic security to the labour or workers. The evils of industrial revolution have led to the labour legislation. Now the state has a direct interest in the industrial peace and prosperity. These acts are aimed at reduction of production losses due to industrial disputes and to ensure timely payment of wages and other minimum amenties of the workers.

NEED FOR A LABOUR LEGISLATION :

The basic principle of industrial legislation is to ensure social justice to the workers . The object of legislation is the equitable distribution of profits and benefits accruing from industry between industrialists and workers and affording protection to the workers against harmful affects to their health safety and morality.In a developing country like India, Labour legislation becomes especially important because of the following reasons : 1. Labour organizations are relatively weak and in most of the cases, they depend merely on the mercy of the employers. Individual worker is economically very weak and is unable to bargain his terms with the employers. Now the prior payment of wages lay off, dismissal, retrenchments etc , are all governed by legislation. The economic insecurity of the workers is removed to a great extent. 2. In many organizations, workers may feel occupational insecurity. The workers may not be given by amount in case of accidents, death, occupational Act, Employees State Insurance Ac, certain benefits have been statutarily given to workers which the employees otherwise may not get from their employers. 3. In any factories, there important working conditions on account of which the employees health and safety is always in danger. The factories Act contains a number of provisions relating to health safety and welfare of workers. Special provisions have been made for the women. 4. Labour legislation is also necessary from the view point of law and order situation and national security of the country. State plays a vital role I the continuing production. It helps in

the economic development of the country. The idea of Welfare State is embodied in the Directive Principles of the constitution and for reason, various labour laws have been enacted to protect the sections of the society. 5. Labour Legislation is one of the most progressive and dynamic instruments for achieving socio-economic progress : 6. OBJECTIVES OF LABOUR LEGISLATION:The main objectives for various labour laws are as follows : To protect the workers from profit seeking exploiters. To promote cordial industrial relations between employers and employees. To preserve the health safety and welfare of workers. To product the interests of women and children working in the factories.

PRINCIPLES OF LABOUR LEGISLATION:

There are four principles on which the labour legislation is based viz, 1. Social Justice 2. Social and Economic Justice 3. National economy 4. International conventions Social Justice: The concept of social justice refers to providing justice to everyone in the society so that the poor are not exploited by the rich. It is an in the interest of both employers and employees that they should consider themselves as two wheels of a cart and firmly believe that one cannot exist without the other. National Economy : Labour legislation ensures industrial peace and helps in the industrialization of the country. The Directive principles of the constitution contain the idea of welfare state. It is a fundamental of a welfare state to look after the interest of workers who are the weakest section of the society and satisfy their physical needs with the increase in productivity the benefits are shared with the workers, resulting ih their prosperity. Thus for the growth of economy and development of the country, labour legislation acts as guiding principle. International Conventions :International labour originations aims at securing the minimum standard of living for the workers throughout the world. If any convention is passed by govt, it becomes binding if it is ratified by any country. Thus, labour legislation is guided by these conventions.

DIRECTIVE PRINCIPLES OF STATE POLICY IN INDIA

An important feature of the constitution is the Directive Principles of State Policy. Although the Directive Principles are asserted to be "fundamental in the governance of the country," they are not legally enforceable. Instead, they are guidelines for creating a social order characterized by social, economic, and political justice, liberty, equality, and fraternity as enunciated in the constitution's preamble. The Forty-second Amendment, which came into force in January 1977, attempted to raise the status of the Directive Principles by stating that no law implementing any of the Directive Principles could be declared unconstitutional on the grounds that it violated any of the Fundamental Rights. The amendment simultaneously stated that laws prohibiting "antinational activities" or the formation of "antinational associations" could not be invalidated because they infringed on any of the Fundamental Rights. It added a new section to the constitution on "Fundamental Duties" that enjoined citizens "to promote harmony and the spirit of common brotherhood among all the people of India, transcending religious, linguistic and regional or sectional diversities." However, the amendment reflected a new emphasis in governing circles on order and discipline to counteract what some leaders had come to perceive as the excessively freewheeling style of Indian democracy. After the March 1977 general election ended the control of the Congress (Congress (R) from 1969) over the executive and legislature for the first time since independence in 1947, the new Janatadominated Parliament passed the Forty-third Amendment (1977) and Forty-fourth Amendment (1978). These amendments revoked the Forty-second Amendment's provision that Directive Principles take precedence over Fundamental Rights and also curbed Parliament's power to legislate against "antinational activities. The Directive Principles of State DPSP are Policy (contained in part IV, articles 36 to 50,) of the Indian Constitution. Many of the provisions correspond to the provisions of the ICESCR. For instance, article 43 provides that the state shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities, and in particular the state shall endeavor to promote cottage industries on an individual or cooperative basis in rural areas. This corresponds more or less to articles 11 and 15 of the ICESCR. However, some of the ICESCR rights, for instance, the right to health (art. 12), have been interpreted by

the Indian Supreme Court to form part of the right to life under article 21 of the Constitution, thus making it directly enforceable and justiciable. As a party to the ICESCR, the Indian legislature has enacted laws giving effect to some of its treaty obligations and these laws are in turn enforceable in and by the courts. Article 37 of the Constitution declares that the DPSP shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. It is not a mere coincidence that the apparent distinction that is drawn by scholars between the ICCPR rights and ESC rights holds good for the distinction that is drawn in the Indian context between fundamental rights and DPSP. Thus the bar to justiciability of the DPSP is spelled out in some sense in the Constitution itself. It was said by several members in the Constituent Assembly that the directive principles are superfluous or mere guidelines or pious principles or instructions. They have no binding force on the State. In his speech Dr. Ambedkar answered. The directive principles are like instruments of instructions which were issued to the Governor in General and Governors of colonies and to those of India by the British Government under the 1935 Act under the Draft Constitution. It is proposed to issue such instructions to the president and governors. The text of these instruments of the instructions shall be found in scheduled IV to the Constitution of India. What are called directive principles is that they are instructions to the Legislature and the Executive. Such a thing is, to my mind, to be welcomed. Wherever there is grant or power in general terms for peace, order and good government that it is necessary that it should be accompanied by the instructions regulating its exercise. It was never intended by Dr. Ambedkar that the Directive Principles had no legal force but had moral effect while educating members of the Government and the legislature, nor can it be said that the answer referred to necessarily implied with the Directive Principles had no legal force.

MEANING OF DIRECTIVE PRINCIPLES OF STATE POLICY

Directive Principles of State Policy are in the form of instructions/guidelines to the governments at the center as well as states. Though these principles are non-justiciable,

they are fundamental in the governance of the country. The idea of Directive Principles of State Policy has been taken from the Irish Republic. They were incorporated in our Constitution in order to provide economic justice and to avoid concentration of wealth in the hands of a few people. Therefore, no government can afford to ignore them. They are infact, the directives to the future governments to incorporate them in the decisions and policies to be formulated by them.

Classification Of The Directive Principles

Directive Principles of State Policy have been grouped into four categories. These are: (1)the economic and social principles, (2) the Gandhian principles, (3) Principles and Policies relating to international peace and security and (4) miscellaneous.

The economic and social Principles

The state shall endeavour to achieve Social and Economic welfare of the people by: (1) providing adequate means of livelihood for both men and women. (2) reorganizing the economic system in a way to avoid concentration of wealth in few hands. (3) securing equal pay for equal work for both men and women. (4) securing suitable employment and healthy working conditions for men, women and children. (5) guarding the children against exploitation and moral degradation. (6) making effective provisions for securing the right to work, education and public assistance in case of unemployment, old age, sickness and disablement. (7) making provisions for securing just and humane conditions of work and for maternity relief. (8) taking steps to secure the participation of workers in the management of undertakings etc. (9) promoting education and economic interests of working sections of the people especially the SCs and STs.

Directive Principles of State Policy and Fundamental Duties Aspects of theConstitution of India
(10) securing for all the workers reasonable leisure and cultural opportunities. (11) making efforts to raise the standard of living and public health.

(12) providing early childhood care and education to all children until they complete the age of 6 years.

The Gandhian Principles

There are certain principles, based on the ideals advocated by Mahatma Gandhi. These Principles are as follows : (1) To organize village Panchayats. (2) To promote cottage industries in rural areas. (3) To prohibit intoxicating drinks and drugs that are injurious to health. (4) To preserve and improve the breeds of the cattle and prohibit slaughter of cows, calves and other milch and drought animals.
DIRECTIVE PRINCIPLES OF STATE POLICY RELATING TO INTERNATIONAL PEACE AND SECURITY:

India should render active cooperation for world peace and security and for that the state shall endeavour to : (1) promote international peace and security. (2) maintain just and honourable relations between nations. (3) foster respect for international laws and treaty obligations. (4) encourage settlements of international disputes by mutual agreement.

Miscellaneous
The Directive Principles in this category call upon the state : (1) To secure for all Indians a uniform civil code. (2) To protect historical monuments. (3) To save environment from pollution and protect wild life. (4) To make arrangements for disbursement of free legal justice through suitable legislation.

Aspects of the Constitution of India

(iii) to provide living wages for working sections. (iv) to provide early childhood care and education for all children until they complete the age of 6 years. (v) to protect historical monuments. (vi) to bring about reforms to save environment from pollution and protect wild life.