ByDr.

Deepak Sharma
M.HRD,D.Phil.,LL.B.

LABOUR LEGISLATION:
INTRODUCTION

OBJECTIVES OF LABOUR LEGISLATION

Social,political and economic justice

Right of workmen to form unions and
bargain collectively
Making State a partner in ensuring
social justice
Protection of weaker sections
Improvement of labour standards
Maintenance of industrial peace

PRINCIPLES OF LABOUR LEGISLATION

Labour legislation to be based on

principles of social justice, social
equity, international uniformity and
national economy.
Workmens Compensation Act Minimum
Wages Act, Factories Act and Payment
of Wages Act were passed to ensure
social justice

PRINCIPLES OF LABOUR LEGISLATION

British rule enacted labour laws such as Tea

District Emigrant Labour Act, 1832 and
Workmens Breach of Contract Act,1859 to
serve interests of employers and were
repressive in character;
Assam Labour Emigration Acts 1863-1901
declared desertion of tea gardens in Assam
without staying for prescribed period and
without permission a punishable offence;

LABOUR POLICY IN INDIA

V.V.Giri being Labour Minister emphasis

was on labour becoming self-reliant;
Tripartism became central theme in
Gulzari Lal Nanda Period that began in
1957; during this period govt. paid
reliance on three party approach,
namely trade unions representing the
workers, employers and the govt.

LABOUR POLICY IN INDIA

At sixteenth conference held in 1958 a

momentous advancement was made
by adopting a code of discipline in
industry.
Code pledged parties to avoid strikes
and lock-outs without notice, to rely on
settlement of disputes by arbitration, it
also pledged parties to avoid coercion
and victimization and to follow
grievance procedure.

LABOUR POLICY IN INDIA

Labour policy in India has focused on

recognition of State as custodian of interests
of community as the catalyst of change,
encouragement to mutual settlement and
collective bargaining, intervention of state in
favour of weaker party, evolving partnerships
between employer and employee, ensuring
fair wage standards and provisions of social
security, enhancing status of worker in
industry and Tripartite consultation.

MINISTRY OF LABOUR AND

EMPLOYMENT

Ministry of Labour and Employmentis

responsible to protect and safeguard the
interest of workers in general and the poor,
deprived and disadvantaged sections of
the society.
The Ministry aims to create a healthy work
environment for higher production and
productivity and to develop and coordinate
vocational skill training and employment.

MINISTRY OF LABOUR AND

EMPLOYMENT
Thrust areas of the ministry are:
Labour Policy and legislation;
Safety, health and welfare of labour;
Social security of labour;
Policy relating to special target groups such as women
and child labour;
Industrial relations and enforcement of labour laws in
the Central sphere;
Adjudication of industrial disputes through Central
Government Industrial Tribunals cum Labour Courts and
National Industrial Tribunals;
Workers' Education;
Labour and Employment Statistics;

CLASSIFICATION OF LABOUR LEGISLATIONS

On the basis of different objectives,

which it has sought to achieve, the
labour legislations can be classified into
following categories:
Regulative, Protective, Wage-Related,
Social Security, Welfare

REGULATIVE LABOUR LEGISLATION

Regulation
of
relationship
between
employees and employers and provides
ways of settling disputes; also regulation
of relationship between workers and their
trade unions, rights and obligations of
organizations of employers and workers;
includes Trade Unions Act,1926, Industrial
Disputes
Act,1947
and
Industrial
Employment (Standing Orders)Act,1946

PROTECTIVE LABOUR LEGISLATIONS

Objective is improvement of working

conditions and protection of labour
standards; includes Factories Act,1948,
Mines Act,1952, Plantations Labour
Act,1951,Motor
Transport
Workers
Act,1961, Shops and Establishments
Acts,Beedi and Cigar Workers Act,1966.

WAGE RELATED LABOUR LEGISLATIONS

These legislations lay down manner of

wage payment and prescribe the
minimum wages;included Acts are
Payment of Wages Act,1936, Minimum
Wages Act,1948,Payment of Bonus
Act,1965 and Equal Remuneration
Act,1976.

SOCIAL SECURITY LABOUR LEGISLATIONS

Include legislations with social security

benefits; covered Acts are Employees
Compensation Act,1923, Employees
State Insurance Act,1948,Coal Mines PF
Act,1948,Employees
PF
and
Miscellaneous
Provisions
Act,1952,Maternity Benefit Act,1961
and Payment of Gratuity Act,1972.

WELFARE LABOUR LEGISLATIONS

These legislations aim at promoting

general welfare of the workers and
improving
their
living
conditions;
included Acts are Limestone and
Dolomite Mines Labour Welfare Fund
Act,1972, Mica Mines Welfare Fund
Act,1946, Iron Ore Mines, Manganese
Ore Mines and Chrome Ore Mines
Labour Welfare Fund Act,1976 etc.

MISCELLANEOUS

Contract Labour (Regulation and

Abolition)Act, 1970
Child Labour (Prohibition and
Regulation) Act, 1986
Apprentices Act, 1961

JUDICIAL APPROACH TO IR

SC in Hindustan Antibiotics Ltd. v

Workmen AIR 1967 SC 948 observed
industrial peace can be achieved by
social and economic upliftment of
labour.
SMNilajkar v Telecom Distt. Manager
2003 SCC(L&S) expressed that in in
case of doubt the benefit must go to
the labour;

JUDICIAL APPROACH TO IR

In Workmen of Bhurkunda Colliery of

Central Coalfield Ltd. v Bhurkunda
Colliery of Central Coalfields Ltd 2006
SCC (L&S) 530 SC observed that main
object of enacting labour and industrial
laws is to ensure peace and harmony
between the employers and employees
in larger interest of society;

JUDICIAL APPROACH TO IR

In State of Haryana v. Piara Singh 1992 SCC

(L&S) 825 held that if a casual labourer is
continued for fairly long spell say two or three
yearsa presumption may arise that there is
regular need for his services;
in such a situation it becomes obligatory for
authority concerned to examine the feasibility
of his regularisation; by doing so authorities
ought to adopt a positive approach coupled
with an empathy for the person.

SCS NO TO INDISCIPLINE

In Hombe Gowda Educational Trust v

State of Karnataka 2006 SCC (L&S) 133
where principal was assaulted with a
chappal teacher was dismissed as SC
observed that assaulting a superior at a
workplace
amounts
to
gross
indiscipline;

SCS NO TO INDISCIPLINE

In Krishnakali Tea Estate v Akhil

Bhartiya Chah Mazdoor Sangh 2004
SCC (L&S) 412 workmen entered Estate
armed with deadly weapons with a
view to gherao manager and others
and damaged property and wrongfully
confined the manager and others; SC
observed charges grave enough for
dismissal;

JUDICIAL APPROACH TO IR

Muriadih Colliery v Bihar Colliery

Kamgar Union 2005 SCC (L&S) 412 SC
held that Tribunal to interfere with
punishment keeping in mind principle
of proportionality between gravity of
offence and stringency of punishment;

RECENT JUDICIAL TREND

Recent Judicial Trend is against principles laid

down in Bangalore Water Supply and Sewarage
Board v A Rajappa AIR 1978 SC 548 which
extended the scope of industry to a maximum
extent as contained in S.2(j) of Industrial Disputes
Act,1947;
Application of IDAct to organizations where it was
not intended to be so covered might be doing
more damage than good and matter regarding reexamination of extended scope of industry is
pending before SC for appropriate decision;

WORKMAN

In a bid to prevent frequent strikes by airline pilots

and engineers that severely inconvenience flyers,
the aviation ministry has asked the labour ministry
not to consider these categories as 'workmen'.
Once out of this category, pilots and engineers will
not be able to form unions and go on strikes;
Aviation secretary V Somasundaran has written to
the labour ministry in this regard.
The Industrial Dispute Act, 1947, defines a nonworkman as an employee who is mainly in
managerial or administrative capacity and whose
monthly wage is more than Rs 10,000.

WORKMAN

The aviation ministry has contended

that since aircraft engineers certify an
aircraft, which is a supervisory role, and
pilots' jobs are highly-paid ones, they
should be removed from the workmen
category
Armed forces and police personnel
have also been kept out of the
workmen
category
as
they
are
governed by different laws.