Industrial

Jurisprudence
Development, Significance and Types of Labour Law

-Monica Rani
Visiting Faculty
Inequality
Initially, in mid 19th century the employers used to
exploit the employees for profiteering. The working
class were facing underpayment, over-work, child
labour, women workers’ exploitation, lack of basic
facilities and hygiene, etc.
 Employer (Holds capital and therefore is loaded with
money-power) v Employee (Has labour, without
money he/she cannot even be alive.)
 Employer is mostly resourceful wherein Employee is
resource-less.
Industrial peace

Industrial peace was needed as there was need of balance

between:

 Interest of workers/employees and interest of

society.

 Interest of workers/employees and interest of

employer.
Concern of workers
 To deal with the imbalance the workers were
required to be provided with certain powers; like:
 Freedom of association (to unite and have collective
bargaining)
 Freedom of assembly (to demonstrate)
 Freedom of expression
 Job security and safety, and
 Access to social securities.
 Most important concern was to go for strike (for
raising their valid concern and demands).
Trade Unionism in India:

 In 1851 first factory was established.

 In 1875 first factory commission was established.
 In 1881 Factories Act was passed. (it did not provide for
prohibition of child labour or regulation of women
labour)
 In 1884 second factory commission was established
which took note of representation of workers.
 In 1890 first labour association Bombay Millhand
Association was established.
 Strikes were illegal during that era. Still, the workers went
for it and it helped in improving their working conditions.
 In 1921 Buckingham and Carnatic Mills the labour
association of workers went for strike and when the
complaint was made and case was heard, the High Court of
Madras decided that the strike was illegal and the workers
were even punished for their crime of conspiracy.
 Afterwards, the movement for labour rights and trade
unionism went strong.
Phases of labour struggle in
India
Thus, the struggle of the workers could be divided into
three phases:
 First phase (1875-1919) saw slow growth of Trade Union
movement under the guidance of social reformers and
philanthropist.
 Second phase (1919-1947) was the era of militant trade
unionism.
 Third phase (1947-1970) saw greater participation of
workers. It was for planned economic development,
sharing power and responsibility.
 Post 1990s after liberalization elitist growth and
marginalization of poor workers has been trend due to
liberalization.
Employment laws v Labour
Laws
 Employment Laws cover broader area than labour laws in
the sense that employment laws cover all the areas of
employer/employee relationship except the negotiation
process covered by labour law and collective bargaining.
 Labour Laws harmonize many angles of the relationship
between trade unions, employers and employees.
Types of Labour Law

Eight categories:
1. Laws related to Industrial Relations
2. Laws related to Wages
3. Laws related to Specific Industries
4. Laws related to Equality and Empowerment of
Women
5. Laws related to Deprived and Disadvantaged Sections of
the Society
6. Laws related to Social Security
7. Laws related to Employment and Training
8. Others
Laws related to Industrial
Relations:
 The Trade Unions Act, 1926
 The Industrial Employment (Standing Orders) Act, 1946
 The Industrial Employment (Standing Orders) Rules,
1946
 The Industrial Disputes Act, 1947
Laws related to Wages:

 The Payment of Wages Act, 1936 & The Payment of Wages

Rules, 1937.
 The Minimum Wages Act, 1948 & Minimum Wages (Central)
Rules, 1950
 The Payment of Bonus Act, 1965
 The Payment of Bonus Rules, 1975
 The Working Journalist (Fixation of Rates of Wages) Act,
1958 and Working Journalist (Conditions of service) and
Miscellaneous Provisions Rules, 1957
Laws related to Specific
Industries; like:
 The Factories Act, 1948
 The Dock Workers (Regulation of Employment) Act, 1948
 The Plantation Labour Act, 1951
 The Mines Act, 1952
Laws related to Equality and
Empowerment of Women
 The Maternity Benefit Act, 1961
 The Equal Remuneration Act, 1976
Laws related to Deprived and
Disadvantaged Sections of the
Society

 The Bonded Labour System (Abolition) Act, 1976

 The Child Labour (Prohibition & Regulation) Act, 1986
Laws related to Social
Security
 The Workmen’s Compensation Act, 1923
 The Employees’ State Insurance Act, 1948
 The Employees’ Provident Fund & Miscellaneous
Provisions Act, 1952
 The Payment of Gratuity Act, 1972
Laws related to Employment
& Training
 The Employment Exchanges (Compulsory Notification of
Vacancies) Act, 1959
 The Employment Exchanges (Compulsory Notification of
Vacancies) Rules, 1959
 The Apprentices Act, 1961
Others Labour Welfare
Legislations:
 The Fatal Accidents Act, 1855
 The Public Liability Insurance Act, 1991
 The Weekly Holiday Act, 1942
 The National and Festival Holidays Act
 The Personal Injuries (Emergency) Provisions Act, 1962
 The Personal Injuries (Compensation Insurance) Act,
1963
 The Labour Laws (Exemption from Furnishing Returns
and Maintaining Register by Certain Establishments) Act,
1988