Constitutional Provisions Related To Industrial and Labor Law

Constitutional Provisions
related to
Industrial and Labor Law
Contents
1.Introduction
2.Constitutional Framework
3.Social Law
4.Role of Law in Industrial Relations
Introduction
 The sweeping character of the transition from a simple agricultural
set-up to a complex urban industrial society has resulted in the
emergence of Labor problems in India.
 Since the workmen were not organized, they had no bargaining
power and had to work long hours at low wages under unhygienic
work conditions.
 The Government of India, therefore, enacted a series of legislation
to protect the working class from exploitation and to bring about
improvements in their living and working conditions.
 Industrial Disputes Act, ESI Act, Factories Act, Minimum Wages
Act were enacted. The goals set in our Constitution have a bearing
on Industrial legislation and adjudication.
Constitutional Framework
 Indian Constitution guarantees fundamental rights to its
citizens and has laid down certain directive principles of state
policy for the achievement of social order based on Justice.
 Equality of opportunity to all citizens in matters of
employment is guaranteed. Traffic in human beings, forced
labor, employment of child labor in factories, mines or at other
hazardous location is prohibited.
 These are directive principles, hence not enforceable by any
court. It shall be the duty of the state to apply these principles
in making laws.
 Labor is on the Concurrent List on which the Central as well as
State governments have power to make 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 enshrined in Chapter-III (Articles 16, 19, 23 &
24)
 Article 16 prohibits discrimination in matters of employment.

Article 16 (4) provides for reservation of appointment or posts
in favor of any backward class of citizens which in the opinion
of the State may not be adequately represented in the services
of the State.
 Article 19 speaks about the Fundamental right of citizen to

form an associations and unions, right to protest and freedom
to practice any business, trade or occupation.
 Article 23 of the Constitution prohibits traffic in human being
and beggar and other similar forms of forced labour. The
second part of this Article declares that any contravention of
this provision shall be an offence punishable in accordance
with law.
 Article 24 prohibits employment of children below the age of

fourteen in factories .
 Article39, 41, 42 and 43 have a special relevance in the field of
industrial legislation and adjudication.
 Article 39 accentuates the basic philosophy of idealistic

socialism and provides a motivation force to the Directive
principles by laying down that the state shall direct its policy
towards equal pay for men and women.
 Article41 lays down that the State shall, within limits of its
economic capacity and development , provide for right to work,
to education, and public assistance in case of unemployment, old
age, sickness, disability and other cases of undeserved want.
 Article 42 enjoins the state to make provision for securing just
& humane conditions of work & for maternity relief. The
Factories Act, 1948 provides for health, safety, welfare,
employment of young persons and women, hours of work for
adults, holidays and leave with wages.
 Article 43 enjoins the state to assure a living, wage, conditions
of work ensuring a decent standard of life and full enjoyment
leisure, and social and cultural opportunities. Minimum Wages
Act, 1948 provides for fixation of minimum wages by
government for workers.
Social Justice
 Social security under these articles was provided by enacting
Employees’ State Insurance Act in 1948 which include benefits
like sickness and extended sickness, maternity, disability,
dependents’, funeral and medical benefits.
 Apprenticeship Act supplemented institutional training on-the-
job training and regulated the training arrangement in industry.
 In industrial adjudication, the concept of social justice has been
given wide acceptance. But the term social justice is not
precisely defined.
 In one of its verdicts the court assigned broader and positive role
to in these words ‘ The concept of social justice is not narrow or
one sided, nor is it pedantic nor limited to industrial adjudication
alone.
 The philosophy of justice has now become an integral part of
industrial jurisprudence.
Role of law in Industrial Relations
 In India while there is an agreement on the need for reforms, area
for reform and the nature of required reforms, major
disagreements exists as to the part that the law should play in any
scheme of reforms.
 There is one school which believes that the reforms should not
include new legislation, while the introductions of some new
legislation is mandated. Any legislative reform by definition
involves the law.
 Some believe that the Law should fulfill an abstentionist role. All
sustentative matters of industrial relations should be regulated by
parties themselves free from legal constraint or obligation.
 Others want the law to be the main instrument of directing and
controlling the system. This view implies an extensive system of
regulatory legislation directing the parties in their activities and
forcing changes whenever necessary.
Summary
It is gratifying to note that apart from the fundamental rights,
India’s Constitution embodies within itself, in Part IV,
Directive Principles of State Policy. The functions and duties
of State as contained in Directive Principles have given rise to
concept of social justice.
The old idea of laissez faire has given place to a new idea of
welfare state. The philosophy of social, economic and political
justice has been given a place of pride in the Constitution.
The development and growth of industrial law presents a close
analogy to the development and growth of Constitutional Law.
A series of Labor Laws covering Labor welfare and social
security were enacted for protecting and promoting the overall
welfare of different categories of working class.
Thank You
Presented by
Aditya Yash Vyas, Roll No. 49
Vedant Bhatia, Roll No. 2

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Constitutional Provisions

 Article 16 prohibits discrimination in matters of employment.

 Article 19 speaks about the Fundamental right of citizen to

 Article 24 prohibits employment of children below the age of

 Article 39 accentuates the basic philosophy of idealistic

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