Evolution and Development of Labor and Employment Law in India
Category: Labour Law
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ABSTRACT
Labor laws are also called as employment laws. It is important to note that India ranks second when it comes to the highest number of labor population all around the world. And it is one of the most important sectors of the nation when it comes to growth and development. Including both Government sector and Private sector more than 500 million workers/ employees are covered under this, and more than 40% of India’s GDP are generated through this labor and employment sector. It is right to point that Indian Economy is totally dependent on labor laws.
And to manage and govern such a huge sector which is touching almost half of the population of the country it is very important that Government should draft and introduce robust and strong laws, rules, and regulations through various legislative pieces by the Parliament and the State Legislatives, which are enforceable by the court of land. And a well drafted laws for the workers be it employee or employer is required in providing free and fair working environment and to promote smooth functioning of the labor industry. At present there are about 50 various existing enacted laws that provides social and economic security including various rights to the workers/employees. And all these Acts are facilitating the growth and development with respect the labor industry and the management of labor.
KEYWORDS
Wages, Social Security, Industrial relations, Occupational safety, Welfare, Healthy working conditions, labor codes, Labor Management, employees and employer, Social Justice, Social Equality, Child labor. Industrial Dispute, Equal pay for Equal work.
INTRODUCTION
Labor and Employment laws are very vital part of Indian laws as they deal with an essential component of Indian Economy and also the legal justice system and all the laws which are enacted in the country. Labor and Employment laws in India are mainly governed by the provisions of the Indian Constitution, special laws related to labor and employment passed by the parliament and state legislature and Indian Contract Act. National Commission on Labor also recommends various reforms related to wages, social security, industrial relations, occupational safety, welfare, health and working conditions. And Ministry of Law and Justice and labor and Employment are key players when it comes to introducing bills and making labor laws and various important labor code along with rules and regulation.
EVOLUTION AND DEVELPOMENT
The laws regarding labor and employment laws go back to mid 19TH century that is with the enactment of the Apprentice Act, 1850.2 this act permitted the orphaned children to seek employment when they reach 18 years of age, and then Factories Act of 1881, The Bombay Trade Dispute Act of 1934,Industrial Employment Act 1947, and them after the independence various acts passed by the republic of India through Parliament. And then it also got evolved and developed by the Principles of Social Justice, Social Equality, Social Security, National Economy.
National Commissions of Labor, Ministry of Labor and Employment
Supreme Court of India, Database of Acts,
REFORMS, CHALLENGES, AND IMPLEMENTATION
Emergence of Social warriors and socialist revolutionary ideas, economist, sociologist, political scientist, and social leader ideas and works helped and aided the labor and employment laws all across the world, slogans by various pressure groups, labor associations, labor unions, made it strong. During the colonial rules it was tough to implement and follow but after the independence laws related to labor and employment is growing.
With the growing economy, especially after the Industrial Revolution and Industrialization and various development made by the efforts of Government to promote free and fair Labor laws we saw and witness many laws related to Labor and Employment and some of the most important Acts are The Bonded Labor System Abolition Act, 1975, Factories Act 1948, Industrial Dispute Act 1947, Trade Union Act 1926, Minimum Wages Act 1948, and Maternity Benefit Acts, all these laws helped in reformation when it comes to the relationship between employees and employer and their work culture.
CONSTITUTION AND LABOUR LAWS
Indian Constitution protects the life and liberty of every individual. Supreme Court on various occasions uplifted the right of livelihood and considered it as an integral part of Right to Life which is safeguarded in Article 21 of the Constitution.
Article 14 that is right to equality
Article 16 that is equality of opportunities in matters of public employment.
Article 19 that is right to form associations and unions.
Article 21 that is right to livelihood under right to life.
Article 23 that prohibits traffic in human beings and forced labor.
Article 24 that prohibits child labor below the age of 14.
Article 39(d) which ensures equal pay for equal work for both men and women.
All these are important articles which talks and promote the labor and employment laws in India and it is important to note that all these are part of Fundamental Rights which are enforceable by the court. And there are various landmark judgments given by the Judiciary related to these Articles.
VITAL CASE LAWS
Randhir Singh v Union of India - In this the Apex Court mentioned about the Equal Pay for Equal work.
Amita v Union of India- In this case Supreme Court talked about the terms and conditions of the employment.
Badrinath v Government of Tamil Nadu- In this the court delivered about the Departmental Promotion and principles of jurisprudence for promotion.
LISTS OF ACTS GOVERNING VARIOUS ASPECTS OF
LABOUR AND EMPLOYMENT LAWS IN INDIA.
The Factories Act, 1948
The Plantations Labour Act, 1951
The Mines Act, 1952
The Indian Railways Act 1890
The Dock Workers' (Regulation of Employment) Act, 1948
The Merchant Shipping Act, 1958
The Motor Transport Workers' Act, 1961
The Shops & Commercial Establishments Act (Central & State Acts)
The Limestone and Dolomite Mines Labour Welfare Fund Act, 1972
The Mica Mines Labour Welfare Fund Act, 1976
The Iron Ore Mines, manganese Ore Mines and Chrome Ore Mines Labour
The Bidi Workers Welfare Fund Act, 1976
The Bidi Workers Welfare Cess Act, 1976
The Dock Workers' (Safety, Health & Welfare) Act, 1986
The Labour Welfare Fund Laws (Amendment) Act, 1987
The Payment of Wages Act, 1936
The Minimum Wages Act, 1948
The Payment of Bonus Act, 1965
The Workmen's Compensation Act, 1923
The Employees' State Insurance Act, 1948
The Employees' Provident Funds & Miscellaneous Provisions Act, 1952
The Maternity Benefit Act, 1961
The Employees' Family Pension Scheme, 1971
The Trade Unions Act, 1926
The Industrial Employment (Standing Orders) Act, 1946
The Industrial Disputes Act, 1947
The Children's (Pledging of Labour) Act, 1933
The Collection of Statistics Act, 1953
The Employment Exchanges (Compulsory Notification of Vacancies) Act, 195
The Apprentices Act, 1961
The Bidi and Cigar Workers (Conditions of Employment) Act, 1966
The Contract Labour (Regulation and Abolition) Act, 1970
The Equal Remuneration Act, 1976
The Bonded Labour System Abolition Act, 1976
The Sales Promotion Employees' (Conditions of Services) Act, 1976
The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979
The Emigration Act, 1983
The Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Act, 1996 and The Building and Other Construction Workers Cess Act 1996.
CONCLUSION
Labour and Employment laws in India are the backbone of the Social Justice and they strongly promote and uplift the right working conditions for all the workers who are working all across the India be it organised sector or unorganised sector, be it public sector or private sector, Government of India and various state governments are introducing and developing various kinds of Acts and rules for the labor sector which are helping and safeguarding the rights of the individual and they are also seconding the ideas and thoughts of the social reformers and free and fair opportunity and conditions for work, they are very vital for the overall growth of the country and Judiciary is also playing its part by taking labor and employment matters with seriousness and they are asking the legislatures to prepare and draft laws protecting the interest of labor and employees.
