Labour laws in India-history,scope ,objectives and applications(part -2)

Labour laws in India-history,scope ,objectives and applications.(part -1)

(6) INDUSTRIAL  DISPUTES LEGISLATION

between 1919 to 1947 :-

The trade dispute Act was enacted in 1929, which was the first important act to resolve industrial dispute.

(7)SOCIAL SECURITY LEGISLATION

between 1919 to 1947 :-

workmen's compensation act 1923 and provident fund act 1925 were enacted.

After that Maternity Benefit Act 1981 came into the action.this act had been made in the interest of women.
This act includes number of benefits :-

(1) Women working in the mines may not be employed within a period of four week after delivery.
(2) it was made mandatory to give Maternity Benefit at the prescribed rate within 4 weeks before and within 4 weeks of delivery.

(3) They were also mandated to arrange for authorized absence or leave one month before Maternity.
(4) To take advantage of this, women workers are required to work for a period of 6 months before the day of delivery.

After 1947 :-

the "workmen's compensation act 1923" remained in force even after independence. "employee's State Insurance act 1948" and "Coal Mines Provident Fund and miscellaneous provisions act 1948" and "1952" came into the action.

Assam tea plantation provident fund scheme act 1955,seamen's provident fund act 1966, Maternity Benefit Act 1961, Payment of Gratuity Act 1972 etc were made after independence.

(8) LABOUR WELFARE FUND LEGISLATION

between 1919 to 1947 :-

"coal mines labour welfare fund Ordinance 1944" and "mica mines labour welfare fund act 1946" came into the action.

A Provision was made to collect funds
For mica mine labour welfare fund by imposing a taxes on mica exported from India.

After :- 1947

After independence, the labour welfare fund was created to provide residential,     recreational medical,educational and other type of welfare facilities to certain industries for workers.
After independence, many states are also enacted labour welfare fund acts.

(9) OTHER LABOUR LEGISLATIONS AFTER INDEPENDENCE

(1) employment exchange compulsory notification of vacancies act 1959.

(2) apprentices Act 1961

(3) beedi & cigar workers (conditions of employment) act 1966
(4) child labour prohibition and Regulation Act 1986.


Major recommendations of the National Commission on labour 2002 relating to labour legislation :-



1991 new economic and industrial policies were announced in the country. LPG that is liberalisation, privatisation ,globalisation was emphasised in these policies.
Keeping these policies in mind, special steps were taken to bring the changes in the economic and industrial sectors in the country. In the changed prospective ,the need for amendment and change in the existing labour laws was was felt. it is in this environment that a second National Labour Commission should be set up in 1999.

Some rights workers gained :-

√ Prohibition of child labour
√ right against the difference
√ right to work voluntarily
√ provision of proper and human direction of  ‌   works.
√ Right to social security
√ right to safety of labourers
√ right to redress
√ right to participation in management
√ Maternity benefits and child care
√ workmen's compensation, medical benefit                         ‌   and social security.

(1) Tribunal for settlement of industrial disputes.
(2) Formation of national labour relations Commission at the Central level .
(3) Labour Commission constituted in the state      ‌
(4) Determination of the national minimum wage in the countries is necessary.
(5) All India level Administrative Services should also be constituted for proper implementation of labour laws.
(6) The formation of an all India labour ‌ judicial services is necessary for the execution of judicial functions related to labour laws.

Labour laws in India-history,scope ,objectives and applications (part -1)

Introduction :- 

labour laws were made since the British rule. but most of these were made keeping in mind the interest of British planners.

example :- Bengal Regulation Act 1918-Neglecting of Duty by workers is a punishable offense

before 1990 constitution activities in India went through number of acts:- that was

regulating act 1773, Pitt's India Act 1784, charter act,Government of India Act 1858 and Indian Council act.

By that time there was a lack of clear policy regarding the constitutional system of labour rules,But Government of India Act 1919 the constitutional system related to labour laws was clearly mentioned.

under this act the central government was empowered to legislate on almost all important matters related to labour.
Provinces could make labour laws only on reserved subjects.

the Government of India Act 1935 placed in labour related subjects in three categories:-

(1) Federal list
(2) concurrent list
(3) provincial list

Royal Commission on labour 1929, Bombay textile labour enquiry committee 1937, Kanpur Labour enquiry committee 1937, Bihar labour enquiry committee 1938,
Adakar committee 1943, labour investigation committee 1844 and bhore Committee.
Suggestion of all  these committee had a direct impact on the labour laws.

In 1944, "the labour investigation committee" was appointed under the chairmanship of Rage, based on the Recommendation of the "labour conference 1943".

In keeping with the Recommendation of this committee, the Government of India enacted several important labour acts after Independent and amended the old laws.

After independence, the most important step was to include its important policies related to labour in the Indian constitution and to clarify the rights and obligations of the central and state governments regarding labour.

Some important development influencing labour legislation after independence :-

(1) International Labour Organisation, social security, relationship between labour Union and political parties.

(2) Indian constitution(Fundamental rights and DPSP),division of Legislative powers (Union list ,concurrent list, state list)

(3) recommendations of commissions and committees.

(4) five year plans.

labour laws :- pre Independence and after independence of India.

(1) PLANTATION LEGISLATION LAW

Before 1919 :-

Provisions relating to registration of licence migrants, minimum wage for recruiters of plantation workers, determination of a crime punishable by workers violating rules.

Between 1919-1947 :-

The royal Commission on labour made important suggestions to improve the conditions of the immigrants of the tea garden. Penalty rules abolished, provincial government was impowered to declare certain plantation areas as restricted recruitment areas, right to return home after 3 year of work.

After 1947 :-

the plantation worker Act was enacted in 1951.the provisions of health welfare working hours, rest intervals etc were implemented in the interest of plantation workers.

(2) FACTORY LEGISLATION LAW

Before 1919 :-

this act was made to determination of -working hard in Indian cotton textile factories, prohibition of employment of children, lack of law regarding safety health etc,availability of workers at a cheaper rate

in 1857 "factory commission" and in 1911 "new factory act" were made :-
these were made to determine working hours, medical checkup, restriction on employment of boys and women on dangerous work.

Between 1919-1947 :-

factory management Act 1922 was made and this includes all installations run by mechanical strength that employee 20 or more workers.
also provisions were made for the working conditions

Adult workers :- 11 hr/ day and 60 hr/week+  break after each 6 hours + weekly off

Boy workers ( age of 12 yr) :- cannot work for more than 6 hrs

Overtime wages :- 5/4 of wage

ristriction on employment of boys and women on dangerous working conditions.

In 1934 "new factory act" had been made.

After 1947 :-

"factory act" 1934 replaced by "factory act 1948". This Factories Act is still in force in the country with some amendments. it works for establish minimum standard regarding working condition in factories.

This Factories Act is a central act but its Administration and promulgation is done by the state governments.

(3) MINING LEGISLATION LAW

Before 1919 :-

On the Recommendation of the mining committee, the first mine legislation was enacted in 1901.

If in the opinion of the chief Inspector, the condition of a mine is detrimental to the health and safety of childrens and women, then it can prohibit the employment of women and children below 12 year in the mines.

Between 1919-1947 :-

In india  mines act 1923 was made and later on, important amendments were made in 1935 based on the Recommendation of the royal commission on labour.

Working conditions:-

(1) maximum working hours
Above-ground 54 hours per week or 10 days.
Belowground 54 hours week or nine days.

(2) half -hour rest interval after 6 hour of accounting is workers.

(3) restriction on employment of children below 15 year in the mines.

(4) safety measures

(5) keeping and register later to accidents

(6) baby home and bathroom.

After 1947 :-

in 1952 the Indian mines Act 1923 was replaced and a new mines Act was made.

working conditions:-
(1) Hours of works  :- above ground 9 hour per day and 48 Hour per week
(2) belowground :-  8 hour per day and 48 hours per week
(3) half hour rest interval after 5 hour of continuous work.
(4) one day weekly off
(5) after working for one year, one day leave for 15 days work for workers working under- ground and one day for 20 days work for above-ground workers.

(4) WAGES LEGISLATION LAW

Between 1919-1947 :-

The period between 1919 and Independents, no Central legislation was enacted for labour. but the first wage payment act related to the payment of wages was made in 1936. accordingly, no period of wage payment can be more than one month. cash payment of wages made compulsory. it was first enacted on the Recommendation of" the wage payment act" 1936 Royal Commission on labour.

After 1947 :-

the wage payment act 1936 remained in force. even after independence, the minimum wage act 1948 was enacted in 1948 with the aim of fixing the minimum rates of wages in many bodies.

(5) INDUSTRIAL RELATIONS LEGISLATION

Between 1919-1947 :-

Indian Trade Union act 1926 :- the Act Lays down the registration of trade union and the
rights and obligations of registered labour Union.

After1947 :-

"trade unions act 1926", "industrial employment (standing order) act 1946" and "industrial dispute act 1947" was enacted .the essential services maintenance Act was enacted for the purpose of prohibiting the detention of additional essential services placed after independence.