Labour Law

 

Concept of Labour Welfare in the 'Constitution of India'

1. Concept of labour welfare

The concept of labour welfare is a broad concept. It connotes a condition of well-being,

happiness, satisfaction, conservation and development of human resources. Labour welfare

2. Preamble

The preamble of the Constitution, inter alia, seeks to provide:

• Justice, Social, Economic and Political

• Liberty of thought, expression, belief, faith and worship

• Equality of status and of opportunity

• Fraternity, assuring the dignity of the individual and unity and integrity of nation

3. Fundamental rights

The fundamental rights, which are contained in Part III of the Constitution, limit and control legislative competency. Any law including labour legislation contravening any fundamental right is void. Any citizen affected by such a law has a right

of access to the courts under articles 32 and 226; whereunder it is the duty of the Supreme Court, or a high court, respectively, to enforce fundamental rights by issuing writs or suitable orders or directions.

a. Article 14

Art 14 of the Indian Constitution explains the concept of Equality before law.  

In Randhir Singh v. Union of India the Supreme Court has held that although the principle of

'equal pay for equal work' is not expressly declared by our Constitution to be a fundamental

right, but it is certainly a constitutional goal under Articles 14, 16 and 39 (c) of the Constitution.

b. Article 19 (1) ©

Art 19 (1) ( c) speaks about the Fundamental right of a citizen to form associations and unions.

 In Damayanti v. Union of India The Supreme Court held that "The right to form an

association", the Court said, "necessarily 'implies that the person forming the association has also

the right to continue to be associated with only those whom they voluntarily admit in the

association.

c. Article 23

Article 23 of the Constitution prohibits traffic in human being and beggar and other similar

forms of forced labour. In Peoples Union for Democratic Rights v. Union of India, the Supreme Court considered the

The scope and ambit of Article 23 in detail. The Court held that the scope of Article 23 is wide and

unlimited and strikes at "traffic in human beings" and "beggar and other forms of forced labour"

wherever they are found. It is not merely "beggar" which is prohibited by Article 23 but also all

other forms of forced labour, "Beggar is a form of forced labour under which a person is

compelled to work without receiving any remuneration

d. Article 24

Article 24 of the Constitution prohibits the employment of children below 14 years of age in

factories and hazardous employment. 

In People's Union for Democratic Rights v. Union of India, it was contended that the

Employment of Children Act, 1938 was not applicable in case of employment of children in the

construction work of Asiad Projects in Delhi since the construction industry was not a process

specified in the schedule to the Children Act. 

4. Directive principles of state policy

Part IV of the Constitution contains the Directive Principles of State Policy. 

a. Article 39

 specifically requires the State to direct its policy towards securing the following

(a) Equal right of men and women to adequate means of livelihood.

(b) Distribution of ownership and control of the material resources of the community to the

common good,

(c) To ensure that the economic system should not result in the concentration of wealth and

means of production to the common detriment.

(d) Equal pay for equal work for both men and women.

(e) To protect the health and strength of workers and the tender age of children and to ensure that

they are not forced by economic necessity to enter avocations unsuited to their age or strength.

(f) That children are given opportunities and facilities to develop in a healthy manner and in

conditions of freedom and dignity and that childhood and youth are protected against

exploitation and against moral and material abandonment.

Clause (f) was modified by the Constitution (42nd Amendment) Act, 1976 with a view to

emphasize the constructive role of the State with regard to children. In M. C. Mehta v. State of

Tamil Nadu has been held that in view of Art. 39 the employment of children within the match

factories directly connected with the manufacturing process of matches" and fireworks cannot be

allowed as it is hazardous. 

In another landmark judgment in M. C. Mehta v. State of T. N. known as (Child Labour

Abolition case) a three Judges Bench of the Supreme Court held that children below the age of

14 years cannot be employed in any hazardous industry, or mines or other work. 

Randhir .Singh v. Union of lndia, the Supreme Court has held that the principle of

"Equal pay for equal work though not a fundamental right"

 In-State of A.P. v. V. G. Sreenivasa Rao, it has been held that giving higher pay to a junior in the same cadre is not illegal and violative of Articles 14, 16 and 39 (d) if there is a rational basis for it.

b. Article 39 A

Pursuant to Article 39 (d), Parliament has enacted the Equal Remuneration Act, 1976. The

directive contained in Article 39 (d) and the Act passed thereto can be judicially enforceable by

the court.Randhir .Singh v. Union of lndia, the Supreme Court has held that the principle of

"Equal pay for equal work though not a fundamental right" 

 A.P. v. V. G. Sreenivasa Rao, it has been held that giving higher pay to a junior in the same cadre is not illegal and violative of Articles 14, 16 and 39 (d) if there is a rational basis for it.

c. Article 41 

Article 41 provides that within the limits of its economic capacity the State shall secure for the

Right to work and education.

d. Article 42

Article 42 instructs the State to make provisions for securing just and humane conditions of

work and for maternity relief.

e. Article 43

Article 43 refers to a "living wage" and not "minimum wage". The concept of living wage

includes in addition to the bare necessities of life, such as food, shelter and clothing, provisions

for the education of children and insurance etc.

f. Article 45

Article 45 required the State to make provision within 10 years for free and compulsory

education for all children until they complete the age of 14 years. The object was to abolish

illiteracy from the country. In a landmark judgment inUnni Krishnan v. State of A.P.the

Supreme Court has held that the "Right to education" upto the age of 14 years is a fundamental

right within the meaning of Article 21 of the Constitution, but thereafter the obligation of the

State to provide education is subject to the limits of its economic capacity. "The right to

education flows directly from right to life", the Court declared.

g. Article 46

Article 46 enjoins the States to promote with special care the education and economic interest of

the weaker sections of the people, and in particular of the Scheduled Castes and Scheduled

Tribes, and to protect them from social injustice and of all forms of exploitation.

h. Article 47

Article 47 imposes a duty upon the State to raise the level of nutrition and the standard of living

of its people and the improvement of public health. In particular, the State should bring about

prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs

which are injurious to health.

This article was added to the Constitution pursuant to the new policy of the Government to give legal aid to economically backward classes of people.