2. LAW & JUSTICE
Law is the content and justice is the enforcement
Justice is the end Law is the instrument
Law comprises rules decrees and enactments
Justice is of three kinds
i) Natural or moral justice: justice in deed and in
truth
ii) Legal justice : realisation and expression of
natural justice
iii) Administrative justice: functional dispensation of
justice by courts of Law
3. SOURCES OF LAW
Constitution: Supreme Law of the land; every
legislative act should be in harmony with
and intended to achieve constitutional goals
Statutes: enacted by Parliament , state
legislatures, UT legislatures.
Customary Law: local customs and
conventions not against statute, morality etc.
Recognised to the extent courts find them
feasible to take into account.
Case Law: judicial decisions of the superior
courts binding on the lower courts
4. INDUSTRIAL JURISPRUDENCE
It is the science of industrial law
dealing with its:
- Definition
- Meaning
- Scope
- Interpretation
- Origin
- classification
5. PRINCIPLES OF INDUSTRIAL
JURISPRUDENCE
Social justice : larger public interest, protect a social order
Natural Justice: institution of the unbiased judge
Equity: based on concepts of justice, decisions that became
precedence
National economy: industrial growth, industrial efficiency,
industrial productivity and prosperity
Equal pay for equal work: applicable on equals
Dynamism: law is not static
Constitutional norms:
Welfare: protective to ameliorative
Res Judicata: “thing", "already decided”( identical issue, same
parties)
Laches: limitations to delay in asserting right to relief
Vicarious liability: of persons who do not actually commit an
illegal Act
6. LABOUR LAW
Labour law also known as employment
law is the body of laws, administrative
rulings, and precedents which address the
legal rights of, and restrictions on, working
people and their organizations.
As such, it mediates in and regulates many
aspects of the relationship between trade
unions, employers and employees.
In other words, Labour law defines the
rights and obligations workers, union
members and employers in the workplace.
7. COVERAGE
Industrial relations – registration and
recognition of unions, labour-
management relations, collective
bargaining and unfair labour practices;
Workplace health, welfare and safety;
Employment standards, including
general holidays, annual leave,
working hours, unfair dismissals,
minimum wage, layoff procedures and
severance pay.
Social Security
8. CATEGORIES
There are two broad categories of
labour law.
First, collective labour law relates
to the tripartite relationship
between employee, employer and
union.
Second, individual labour law
concerns employees' rights at work
and through the contract for work.
9. HISTORY OF LABOUR LAWS
Labour law arose due to the demands of workers
for better conditions, the right to organize, and
the simultaneous demands of employers to
restrict the powers of workers in many
organizations and to keep labour costs low.
International Labour Organisation (ILO) was one
of the first organisations to deal with labour issue.
The ILO was established as an agency of the
League of Nations following the Treaty of
Versailles, which ended World War I. Post-war
reconstruction and the protection of labour unions
occupied the attention of many nations during
and immediately after World War I.
10. CONTD...
The first annual conference (referred to as
the International Labour Conference, or ILC)
began on 29th October 1919 in Washington
DC and adopted the first six International
Labour Conventions, which dealt with
hours of work in industry,
unemployment,
maternity protection,
night work for women,
minimum age and
night work for young persons in industry.
The prominent French socialist Albert
Thomas became its first Director General.
The ILO became an integral part of the
United Nations system
11. PURPOSE OF LAB. LEG.
fulfils three crucial roles:
it establishes a legal system that facilitates productive
individual and collective employment relationships,
and therefore a productive economy;
by providing a framework within which employers,
workers and their representatives can interact with
regard to work-related issues, it serves as an
important vehicle for achieving harmonious industrial
relations based on workplace democracy;
it provides guarantee of fundamental principles and
rights at work and establishes the processes through
which these principles and rights can be implemented
and enforced.
12. FORCES INFLUENCING MODERN
LAB. LEG. IN INDIA
Excesses of early industrialism
Rise of trade unionism
Struggle for national emancipation
Adoption of Indian constitution
Growth of political freedom and democracy
Rise of socialist and revolutionary ideas
Growth of the concept of Welfare State
Establishment of the ILO
Old and archaic basis of Indian social system
Liberalisation and the need for reforms
13. EXCESSES OF EARLY
INDUSTRIALISM
The origin of labour legislation is the history of continuous
and relentless struggle for emancipation of working class
from the clutches of aggressive capitalism.
The struggle was between two unequals.
The contract between capital and labour could never be
struck on equitable terms.
The social scientists interpreted this struggle in different ways.
The point, however, was to change it.
The change contemplated was one of transforming a slave
into partner and thereby bridle the power of capital to
impose its own terms on the workmen.
Numerous forces, directly and indirectly, hastened the pace
facilitating the passing of labour friendly legislation.
14. CHARACTERISTICS OF THE
INDUSTRIAL SOCIETY
unbridled individualism,
Freedom of contract and the laissez-faire
excessive hours of work,
employment of young children under very
unhygienic and unhealthy conditions,
payment of low-wages and other
excesses. ,
15. CONTEMPORARY EVENTS
Along with Industrial Revolution, Revolutionary thinking of
Rousseau, J.S.Mill, the French Revolution, Hegel, Marx &
Engels and Russian Revolution greatly influenced the
thought processes and hastened the pace of labour
jurisprudence.
The world wars made it possible for the labourers to
realise their importance that unless they produce, it will be
difficult for warring nations to win. Therefore, they must
stake their claims for better quality of work life.
The revolution in science, technology, the communication
and telecommunication also helped in bringing the world,
closer. It became easier for the working classes of the
underdeveloped world to know the better conditions of
service of their counterparts in the developed world
16. THE GROWTH OF TRADE UNIONISM
On the one hand, their demands for protection
of the interests of the working class led to
legislations in the field of wages, hours of
work, workmen's compensation, social security
and other areas;
On the other hand, their growth necessitated
legislations for the regulation of industrial
disputes, their prevention and rights and
privileges of employers and employees.
Trade unions have been as much conditioned
by labour legislations as they have
conditioned them.
17. GROWTH OF POLITICAL FREEDOM
AND EXTENSION OF FRANCHISE
Gradual extension and adoption of
universal adult suffrage placed in the
hands of the working class, a powerful
instrument to influence the cause of state
policy.
Their representatives started espousing
the cause of labour and getting
progressive legislations passed. The
workers used their political powers for
betterment and amelioration of their
18. RISE OF SOCIALIST AND OTHER
REVOLUTIONARY IDEAS
Marx showed that the exploitation of labour was
inherent in the capitalist economic system. Therefore, he
advocated the overthrow of capitalist system
. The echo of the slogan, "the workers of the world unite,
you have nothing to lose but your chains", reverberating
throughout the capitalist world, sent a shudder among the
conservative and capitalist circles to which ameliorative
and protective labour legislations came as safe
alternatives. They readily grasped labour legislations as
antidote to the spread' of revolutionary ideas.
The Fabian Society of England (gradualist and reformist
approach), the establishment of socialist and communist
parties in many countries strengthened the trend of
progressive Labour Legislations
19. . EVOLUTION OF LABOUR LAW IN
INDIA
The law relating to labour and employment is
also known as Industrial and law in India.
The history of labour legislation in India is
interwoven with the history of British colonialism.
The industrial/labour legislations enacted by the
British were primarily intended to protect the
interests of the British employers. the Factories Act
was first introduced in 1883 because of the
pressure brought on the British parliament by the
textile magnates of Manchester and Lancashire.
20. CONTD..
The earliest Indian statute to regulate the
relationship between employer and his
workmen was the Trade Dispute Act, 1929
(Act 7 of 1929). Provisions were made in
this Act for restraining the rights of strike
and lock out but no machinery was
provided to take care of disputes.
The original colonial legislation underwent
substantial modifications in the post-
colonial era because independent India
called for a clear partnership between
labour and capital.
21. TRIPARTITE CONFERENCE IN
DECEMBER 1947
it was agreed that labour would be
given a fair wage and fair working
conditions
in return capital would receive the fullest
co-operation of labour for uninterrupted
production and higher productivity
all concerned would observe a truce
period of three years free from strikes
and lockouts.
22. CONSTITUTIONAL PROVISIONS
WITH REGARD TO LABOUR LAWS
The Constitution of India provides detailed
provisions for the rights of the citizens and also
lays down the Directive Principles of State Policy
which set an aim to which the activities of the
state are to be guided.
need for protecting and safeguarding the interest
of labour as human beings has been enshrined in
Chapter-III (Articles 14, 19, 23 & 24) and Chapter IV
(Articles 39, 41, 42, 43, 43A & 54) of the Constitution of
India keeping in line with Fundamental Rights and
Directive Principles of State Policy.
23. COMMITTEES AND COMMISSIONS
Labour legislations have also been shaped and
influenced
by the recommendations of the various National
Committees and Commissions such as
First National Commission on Labour (1969) under the
Chairmanship of Justice Gajendragadkar,
National Commission on Rural Labour (1991),
Second National Commission on Labour (2002) under
the Chairmanship of Shri Ravindra Varma etc.
and judicial pronouncements on labour related
matters specifically pertaining to minimum wages,
bonded labour, child labour, contract labour etc.
24. CATEGORIES
1) Labour laws enacted by the Central
Government, where the Central Government
has the sole responsibility for enforcement.
2) Labour laws enacted by Central
Government and enforced both by Central and
State Governments.
3) Labour laws enacted by Central
Government and enforced by the State
Governments.
4) Labour laws enacted and enforced by the
various State Governments which apply to
respective States.
25. LABOUR POLICY OF INDIA
Labour policy in India has been
evolving in response to specific
needs of the situation to suit
requirements of planned economic
development and social justice and
has two fold objectives, namely
maintaining industrial peace and
promoting the welfare of labour.
26. LABOUR LAWS IN INDIA
The term ‘labour’ means productive work
especially physical work done for wages.
The labour laws of independent India derive their
origin, inspiration and strength from the :-
1. Views expressed by important nationalist leaders
during the days of national freedom struggle,
2. Debates of the Constituent Assembly and
3. The provisions of the Constitution and International
Conventions and Recommendations.
4. Recommendations of various national committees
and commissions
27. PRINCIPLES OF MODERN LAB. LEG.
Principle of protection
Principle of social justice
Principle of regulation
Principle of welfare
Principle of social security
Principle of economic development
Principle of international obligation
28. LAB. LEG V SOC. LEG
SOCIAL LEGISLATION LABOUR LEGISLATION
Considers individual
primarily as a citizen
Designed to redress social
evils
Protects the interests of the
underprivileged
Creates a set of rights and
privileges
Removes handicaps
blocking progress of certain
groups or sections
Regards individual as a
worker
Designed to improve the
conditions of workers
Protects the rights of lab.
unions, employers and
public from excesses of
organized labour
29. CLASSIFICATION OF LABOUR LAWS
Laws relating to Industrial Relations-
Laws relating to Wages
Laws relating to Social Security
Laws relating to Working Hours, Conditions
of Services and Employment
Laws relating to Equality and Empowerment
of Women
Prohibitive Labour Laws
Laws relating to Employment and Training
30. RECENT TRENDS AND REFORMS
Identification of paradigm shifts in IR due to contextual socio-
economic changes
The evolution of laws and their interpretation
The relevance of Labour Laws at all stages of evolution
- Industrial revolution Labour Laws &
- Liberalization Labour Reforms
- Globalization
- Law abhors vacuum
- Laws are interpreted contextually
31. ROLE AND IMPORTANCE OF REFORMS
In a dynamic economic context, laws need to be reviewed from
time to time for them to be in tune with the changing needs of
the economy, such as :
Higher levels of productivity
Competitiveness
Investment promotion
Employment generation
32. PRESENT PROPOSALS
1. Labour to be shifted to ‘State List’.
2. Multiplicity of Labour Laws to be reduced.
3. Simplification of archaic laws into more meaningful laws.
4. Uniform definitions of a single term which is presently
defined in many different ways.
5. Self-certification and a single consolidated return.
6. Reduction in the levels of dispute settlement.
7. Separate set of simple labour laws for MSMEs (less than 50
employees bracket).
8. Separate laws for unorganised sector (most recent being the
reforms related to laws regulating the conditions of domestic
workers).
