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INTRODUCTION
Law is an instrument to control, restrain, and guide
the behavior and courses of action of individuals
and their groups living in a society.
‡Law is a dynamic concept.
concept. It changes with the
growing needs of the society.
‡Development in the field of technology, economic
and other spheres of society influence it.
‡`  
.
 
. The sun caters to the
physical needs but law caters to social and
economic needs.
‡ The law creates rights and privileges. It
also imposes duties, obligations and
restrictions.
‡ Laws are simple tools which have to be
used by the Authorities (courts) and
society to achieve a just society.
‡ Movements and changes in society create
social gaps. Justice seeks to bridge.
‡ Judicial creativity and its expanding
horizon have to be kept in mind while
studying labour laws .
INDUSTRIAL REVOLUTION AND
EMERGENCR OF LAWS
‡ Industrial revolution completely changed
the lifestyle of the society from agricultural
and pastoral to Industrial one.
‡ Industrial society brought about excessive
exploitation of the working classes.
‡ The Golden rule of capitalism that µRisk
and Right¶ encouraged them to apply the
prerogatives of µHire and Fire¶
‡ The general law of contract used to govern
the relation between worker and employer.
‡ The terms of contract were usually verbal
and mostly used against the workers.
‡ Longer hours of work, abysmally low
wages, no safety and welfare provisions,
and no insurance- the exploitation at large.
‡ State was adopting the policy of ï 
 (let not interfere) and employers
abused the workers.
FACTORS INFLUENCING LABOUR
LEGISLATIONS
‡ ‰ 
 
   
 along with
Industrial Revolution, revolutionary thinking of
Rousseau, J.S. Mill, the French Revolution,
Hegel. Marx & Engels and Russian Revolution
greatly influenced the thought process and
hastened the pace of labour jurisprudence.
‡ The  ï  made it possible for the labours
to realize their importance.
‡ Revolution in   
  ï   

ï  
 also helped in bringing the
world closer.
].GROWTH OF TRADE UNIONISM
‡ Trade Union movement, emerging from
Industrial Revolution has been another factor
which has quickened the growth of labour
legislations.
‡ Their demands for protection of interests of
working class led to the legislations in the field of
wages, hours of work, workmen's compensation,
social security and other areas.
‡ Their growth also necessitated legislation for
regulation of Industrial Disputes and T.U. rights
and privileges
6.POLITICAL FREEDOM,END OF
COLONIAL RULES AND EXTENSION OF
ADULT FRANCHISE
‡ §  
 

 
  ; Marx showed
that the exploitation of labour was inherent
in the capitalist economic system.
‡ He therefore advocated to overthrow
capitalist system.
§GROWTH OF HUMANTARIAN IDEAS AND THE
CONCEPT OF SOCIAL WELFARE AND SOCIAL
JUSTICE

‡ Humanitarians, philanthropic and social


reformers influenced the shape of labour
legislation.
‡ Early Factories Acts were made possible
because of the efforts of the humantarians
like Hume, Place, Shaftesbury and others
Ú.ESTABLISHMENT OF I.L.O.

‡ I.L.O. through conventions and


recommendations has formulated international
minimum standard of labour which is known as
International Labour Code.
‡ This code contains wide range of subjects
including wages, hours of work, annual holidays
with pay, minimum age of employment, medical
examination, maternity protection, industrial
health, safety and welfare, social security,
freedom of association, right to organize and
bargain collectively etc.
‡ I.L.O. standards have influenced Indian
Labour Legislation to a great extend after
19§ when Indian National Government
assured.
‡ Articles 69,§1,§],§6,and §6-A of our
constitution, lays down National Labour
Policy objectives at par with I.L.O.
Conventions.
‡ Thus I.L.O. has had a great influence on
Indian Labour Scene and Labour
Legislation.
.INFLUENCE OF COLONIAL RULES.

‡ Most of the early labour legislations came into


being because of the pressure from British
manufacturers of Lancashire and Birmingham.
‡ Main purpose of these laws was to protect the
interest of the British capitalists.
‡ Workmen¶s compensation Act 19]6, Indian
Trade Union Act 19] , payment of wages Act
196 , Mines Act 19]6, Employment of children
Act196 etc. were passed during this period.
Œ.STRUGGLE FOR FREEDOM AND
ADOPTION OF INDIAN CONSTITUTION.
‡ Nationalist leaders and freedom fighters made
tireless efforts to get protective labour
legislations enacted to support the industrial
workers.
‡ Enactment of Indian Trade union Act 19] and
appointment of Royal commission on labour etc.
was possible as a result their pressure.
‡ Repressive labour laws were replaced by
progressive labour laws.
‡ Socialistic pattern of society, embodied in
preamble, fundamental rights, D.P.of state policy
of Indian Constitution.
-APPROACH TO LABOUR LAWS

‡ Impact of World War-II has brought about


a remarkable change in the approach to
labour laws and industrial relations.
‡ I.L.O. Philadelfia charter adopted in 19§§
prvided that ³Labour is not a commodity´
and that ³poverty any where is a danger to
prosperiry every where´

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‡ Protect workers from exploitation.


‡ Guarantee right of workmen to combine
and form association or unions.
‡ Ensure right of workmen to bargain
collectively for the betterment of their
service conditions.
‡ Make state interfere as protector of social
well being than to remain as onlooker.
‡ Ensure human rights and human dignity
    
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‡ On the basis of specific objectives, labour
legislations can be classified into following
categories;
1.Regulative
].Protective
6.Wage- related
§.Social Security
Ú.Welfare both inside and outside the
workplace.
‰ ï
   ï
 
‡ Trade Union Act,19]
‡ Industrial Disputes Act, 19§Œ
‡ Industrial Employment (Standing Orders)
Act, 19§
 

   ï
 ;
‡ Factories Act, 19§
‡ Mines Act,19Ú]
‡ Plantation Labour Act,19Ú1
‡ Motor Transport Workers Act,19 1
‡ Shops and establishments Act
‡ Beedi and Cigar Workers Act, 19
6  ï
   ï
 
‡ Payment of Wages Act, 196
‡ Minimum Wages Act, 19§
‡ Payment of Bonus Act, 19 Ú
‡ Equal remuneration Act, 19Œ
§.  ï 
   ï
 
‡ Workmen¶s Compensation Act, 19]6
‡ Employees¶ State Insurance Act, 19§
‡ Coal Mines PF Act,19§
‡ Employees PF and Miscellaneous Provisions
Act,19Ú]
‡ Maternity Benefit Act,19 1
‡ Payment of Gratuity Act,19Œ]
Ú ï    ï
 
‡ Limestone and Dolomite Mines Labour
Welfare Fund Act, 19Œ]
‡ Mica mines Welfare Fund Act,19§
‡ Iron Ore Mines, Manganese Ore Mines
and Chrome Ore Mines Labour Welfare
Fund Act,19Œ
‡ Cine Workers Welfare Fund Act,191
‡ Beedi Workers Welfare Fund Act, 19Œ
i 
  
 

  ï  ï     
  

 
. Some of these
are:
‡ Contract Labour (Regulation and Abolition)
Act, 19Œ
‡ Child Labour ( Prohibition and
Regulation)Act, 19
‡ Building and Other Construction Workers
(Regulation of Employment and
Conditions of Service) Act, 199
‡ Apprentices Act, 19 1
‡ Emigration Act, 196
‡ Employment Exchange (compulsory Notification
of Vacancies) Act, 19Ú9
‡ Interstate Migrant Workmen (Regulation of
Employment and Condition of Service) Act, 19Œ9
‡ Sales promotion Employees (Condition of
service) Act, 19Œ
‡ Working Journalists and other Newspapers
Employees (Condition of Service and
Miscellaneous Provision)Act,19ÚÚ

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