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.
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
(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.
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.
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.
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.
(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.
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