Project Report

On
Constitutional and Legal Provisions of Just and
Humane Conditions of Workers

Submitted To:
Dr. Kusum

Submitted By:
Sargam Jain
B.A.LLB (Hns.)
10th semester
Section- C
98/09

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 ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Dr. Kusum

who gave me the golden opportunity to do this wonderful project on the topic
Constitutional and legal provisions of just and humane conditions of workers,
which also helped me in doing a lot of research and I came to know about so
many new things. I am really thankful to them.

Secondly I would also like to thank my parents and friends who helped me a lot
in finalizing this project within the limited time frame.

___________

(Sargam Jain)

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 Index

Topics Page No.

Acknowledgement 2

Introduction 4

Constitutional provisions 5-8

Classification of labour laws in India 9

Factories Act, 1948 10-12

Industrial Employment (Standing Orders) Act, 1946 13-15

Conclusion 16

Bibliography and Webeography 17

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 Introduction
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. Generally, labour law covers:

 Industrial relations – certification of unions, labour-management

relations, collective bargaining and unfair labour practices;
 Workplace health and safety;
 Employment standards, including general holidays, annual leave,
working hours, unfair dismissals, minimum wage, layoff procedures and
severance pay.

The law relating to labour and employment is also known as Industrial 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.
Considerations of British political economy were naturally paramount in
shaping some of these early laws. Thus came the Factories Act. It is well known
that Indian textile goods offered stiff competition to British textiles in the export
market and hence in order to make India labour costlier 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. Thus India
received the first stipulation of eight hours of work, the abolition of child
labour, and the restriction of women in night employment, and the introduction
of overtime wages for work beyond eight hours. While the impact of this
measure was clearly welfarist the real motivation was undoubtedly protectionist.
The original colonial legislation underwent substantial modifications in the
post-colonial era because independent India called for a clear partnership
between labour and capital. The content of this partnership was unanimously
approved in a tripartite conference in December 1947 in which it was agreed
that labour would be given a fair wage and fair working conditions and in return
capital would receive the fullest co-operation of labour for uninterrupted
production and higher productivity as part of the strategy for national economic
development.1

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dgfasli.nic.in/npolicy/OSH-Policy.pdf/24-03-2014/23:22p.m.

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 Constitutional provisions with regard to labour law

The relevance of the dignity of human labour and the need for protecting and
safeguarding the interest of labour as human beings has been enshrined in
Chapter-III (Articles 16, 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. Labour is a concurrent subject in the
Constitution of India implying that both the Union and the State governments
are competent to legislate on labour matters and administer the same.
The salient features of the national policy on occupational safety and health are
derived from the Constitution of India. Article 24 of the Constitution prohibits
employment of child below 14 years for work in any factory or mine or in any
hazardous employment. The Directive Principles of State Policy which are in
the nature of guidance for legislative and executive action provide safeguards to
workers. Article 39 requires the State to direct its policy to ensure that the
health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength. Article 42 directs the State to make
provision for securing just and humane conditions of work and maternity relief.
Thus under the Constitution, it is imperative that measures should be taken to
ensure that all the workers irrespective of their place of employment are assured
of Occupational Safety and Health.

Article 14

Article 14 of the Indian Constitution explains the concept of Equality before

law. The concept of equality does not mean absolute equality among human
beings which is physically not possible to achieve. It is a concept implying
absence of any special privilege by reason of birth, creed or the like in favour of
any individual, and also the equal subject of all individuals and classes to the
ordinary law of the land.
Thus, the rule is that the like should be treated alike and not that unlike should
be treated alike. In Randhir Singh v. Union of India2, 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. This
right can, therefore, be enforced in cases of unequal scales of pay based on
irrational classification. This decision has been followed in a number of cases
by the Supreme Court.

2
AIR 1982 SC 879
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In Daily Rated Casual Labour v. Union of India3, it has been held that the
daily rated casual labourers in P & T Department who were doing similar work
as done by the regular workers of the department were entitled to minimum pay
in the pay scale of the regular workers plus D.A. but without increments.
Classification of employees into regular employees and casual employees for
the purpose of payment of less than minimum pay is violative of Articles 14 and
16 of the Constitution. It is also opposed to the spirit of Article 7 of the
International Covenant of Economic, Social and Cultural Rights 1966. Although
the directive principle contained in Articles 38 and 39 (d) is not enforceable by
virtue of Article 37, but they may be relied upon by the petitioners to show that
in the instant case they have been subjected to hostile discrimination:

Article19 (1) (c)

This Article speaks about the Fundamental right of citizen to form an

associations and unions.. Under clause (4) of Article 19, however, the State may
by law impose reasonable restrictions on this right in the interest of public order
or morality or the sovereignty and integrity of India. The right of association
pre-supposes organization. It as an organization or permanent relationship
between its members in matters of common concern. It thus includes the right to
form companies, societies, partnership, trade union, and political parties. The
right guaranteed is not merely the right to form association but also to continue
with the association as such. The freedom to form association implies also the
freedom to form or not to form, to join or not to join, an association or union.
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 have also the right to continue to be associated with
only those whom they voluntarily admit in the association. Any law by which
members are introduced in the voluntary association without any option being
given to the members to keep them out, or any law which takes away the
membership of those who have voluntarily joined it, will be a law violating the
right to form an association".

Article 21

The sweep of the right to life, conferred by Article 21 is wide and far reaching.
'Life' means something more than mere animal existence. It does not mean
merely that life cannot be extinguished or taken away as, for example, by the
imposition and execution of the death sentence, except according to procedure
established by law. That is but one aspect of the right to life. An equally

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((1988) 1 SCC 122)
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important facet of that right is the right to livelihood because, no person can live
without the means of living, that is, the means of livelihood.

D.K. Yadav v. J.M.A. Industries, The Supreme Court has held that the right to
life enshrined under Article 21 includes the right to livelihood and therefore
termination of the service of a worker without giving him reasonable
opportunity of hearing in unjust, arbitrary and illegal. The procedure prescribed
for depriving a person of livelihood must meet the challenge of Article 14 and
so it must be right, just and fair and not arbitrary, fanciful or oppressive. In the
instant case, the appellant was removed from service by the management of the
M/s. J.M.A. Industries Ltd.

AIR India v. Nargesh Mirza4, the discriminatory regulations of Air India were
challenged. The regulations did not allow the Air Hostesses to marry before
completing four years of service. If anyone of them got married within that
period that she had to resign and if she got married after four years but became
pregnant after that she still had to resign. If she neither got married before the
four year period was over or married only after the four year period and did not
become pregnant she could only continue in service till she attained the age of
35. These provisions were challenged in this case, while the Supreme Court did
not accept all the contentions. It, in fact, said that Air Hostesses were a separate
category and therefore those regulations could not be termed discriminatory. It
was a reasonable classification as in their situation both in spirit and purport the
classes were essentially different. It, however, regarded the provision relating to
pregnancy as being manifestly unreasonable and arbitrary and therefore
violative of Article 14.

The Supreme Court of India in a landmark judgment, namely, Vishaka v. State

of Rajasthan, (the “Vishaka Judgment”), has laid down certain guidelines and
norms which are required to be observed at all workplaces to help prevent
sexual harassment of women at the workplace as well as punishment in case of
any such occurrence. The Supreme Court had declared that pending enactment
of suitable legislation, the directions in the Vishaka Judgment would be binding
and enforceable in law.
Pursuant to the Vishaka Judgment, the Model Standing Orders framed under
the IESO Act, have been amended to include „Sexual Harassment‟ as an act of
misconduct. However, since the Standing Orders are applicable only to
workmen, and are only required to be adopted by “industrial establishments”
employing more than 100 (one hundred) workmen, the Vishaka Judgment
continues to be applicable to all workplaces, irrespective of the number of

4
(1981) 4 SCC 335
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employees as well as the nature of the employer’s establishment.5

Labour is a concurrent subject in the Constitution of India implying that both

the Union and the state governments are competent to legislate on labour
matters and administer the same. The bulk of important legislative acts have
been enacted by the Parliament.

5
https://www.jetro.go.jp/jfile/report/07000147/Report%20on%20Labour%20Laws%20in%20India%20.pdf/30-
03-2014/1:17pm

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 Classification of labour laws in India
Labour Laws may be classified under the following heads:

I. Laws related to Industrial Relations such as:

Trade Unions Act, 1926
Industrial Employment Standing Order Act, 1946.
Industrial Disputes Act, 1947.

II. Laws related to Wages such as:

Payment of Wages Act, 1936
Minimum Wages Act, 1948
Payment of Bonus Act, 1965.

III. Laws related to Working Hours, Conditions of Service and

Employment such as:
Factories Act, 1948.
Plantation Labour Act, 1951.
Industrial Employment (Standing Orders) Act, 1946

IV. Laws related to Equality and Empowerment of Women such as:

Maternity Benefit Act, 1961
Equal Remuneration Act, 1976.

V. Laws related to Deprived and Disadvantaged Sections of the Society

such as:
Bonded Labour System (Abolition) Act, 1976
Child Labour (Prohibition & Regulation) Act, 1986

VI. Laws related to Social Security such as:

Workmen’s Compensation Act, 1923.
Employees’ State Insurance Act, 1948.
Payment of Gratuity Act, 1972.
Employers’ Liability Act, 1938

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 THE FACTORIES ACT, 19486

Applicability of the Act

Any premises whereon 10 or more persons with the aid of power or 20 or more
workers are/were without aid of power working on any day preceding 12
months, wherein Manufacturing process is being carried on. (Sec. 2(ll))

Employer to ensure health of workers pertaining to:

• Cleanliness
• Disposal of wastes and effluents
• Overcrowding
• Artificial humidification
• Lighting
• Drinking water
• Spittoons (Secs. 11 to 20)

Registration & Renewal of Factories

To be granted by Chief Inspector of Factories on submission of prescribed
form, fee and plan. (Sec. 6)

Safety Measures
• Fencing of machinery
• Work on or near machinery in motion.
•Employment prohibition of young persons on dangerous machines,
•Striking gear and devices for cutting off power.
•Se if-acting machines,
•Casing of new machinery.
•Prohibition of employment of women and children near cotton-openers.
• Hoists and lifts.
(Secs. 21 to 28)

6
http://www.jmehta.in/factories_act_1948.html/25-03-2014/12:31a.m.

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Welfare Measures
• Washing facilities

• Facilities for storing and drying clothing.

• First-aid appliances-one first aid box (not less than one) for every 150
workers

• Canteens when there are 250 or more workers.

• Shelters, rest rooms and lunch rooms when there are 150 or more workers.

• Creches when there are 30 or more women workers.

• Welfare office when there are 500 or more workers.

(Secs. 42 to 49)

Working Hours, Spread Over and Overtime of Adults

• Weekly hours, not more than 48.
• Daily hours not more than 9 hours.
• Intervals for rest at least 1/2 hour on working for 5 hours.
• Spread over not more than 101/2 hours.
• Overlapping shifts prohibited.
• Extra Wages for overtime double than normal rate of wages.
• Restrictions on employment of women before 6 A.M. and beyond 7 P.M.
(Secs. 51,54 to 56,59 & 60)

Employment of Young Persons

• Prohibition of employment of young children e.g. 14 years.

• Non-adult workers to Carry tokens e.g. certificate of fitness.

• First-aid appliances-one first aid box (not less than one) for every 150 workers
(Secs. 67, 68 & 71)

Annual Leave with Wages

• A worker having worked for 240 days @ one day for every 20 days and for
a child one day for working of 15 days,
• Accumulation of leave for 30 days.

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 (Secs. 67, 68 & 71)

Offence Penalties
• For contravention of the provisions of • Imprisonment upto 2 year or fine
the Act or Rules. upto Rs. 1,00,000 or both.
• On continuation of contravention • Rs. 1000 per day.
• Not less than Rs. 25,000 in case of
• On contravention of Chapter IV
death.
pertaining to safety or dangerous
• Not less than Rs. 5,000 in case of
operations.
serious injuries.
• Imprisonment upto 3 years or fine not
• Subsequent contravention of some
less than Rs. 10,000 which may
provisions.
extend to Rs. 2,00,000.
• Imprisonment upto 6 months or fine
• Obstructing Inspectors
upto Rs. 10,000 or both.
• Wrongful disclosing result pertaining • Imprisonment upto 6 months or fine
to results of analysis. upto Rs. 10,000 or both.
• For contravention of the provisions of • Imprisonment upto 7 years with fine
Secs. 41B, 41C and 41H pertaining to upto Rs. 2,00,000 and on continuation
compulsory disclosure of information fine @ Rs. 5,000 per day.
by occupier, specific responsibility of • Imprisonment up to 10 years when
occupier or right of workers to work contravention continues for one year.
imminent danger. (Secs. 92 to 106A)

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The Industrial Employment (Standing Orders) Act,
1946

Applicability of the Act

• Every industrial establishment wherein 100 or more (in many States it is 50 or
more).
•Any industry covered by Bombay Industrial Relations Act, 1946.
•Industrial establishment covered by M.P. Industrial Employment (Standing
Orders) Act, 1961. (Sec 1)

Matters to be provided in Standing Orders

• Classification of workmen, e.g., whether permanent, temporary, apprentices,
probationers, or badlis.
• Manner of intimating to workmen periods and hours of work, holidays, pay-days
and wage rates
• Shift working
• Attendance and late coming.
• Attendance and late coming.
• Conditions of, procedure in applying for. and the authority which may grant,
leave and holidays.
• Requirement to enter premises by certain gates, and liability to search.
• Closing and re-opening of sections of the industrial establishments, and
temporary stoppages of work and the right and liabilities of the employer and
workmen arising there from.
• Termination of employment, and the notice thereof to be given by employer and
workmen.
• Suspension or dismissal for misconduct, and acts or omissions which constitute
misconduct.
• Means of redressal for workmen against unfair treatment or wrongful exactions
by the employer or his agents or servants.

Additional Matters
• Service Record - Matters relating to service card, token tickets, certification of
service, change of residential address of workers and record of age
• Confirmation
• Age of retirement
• Transfer
• Medical aid in case of Accident

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• Medical Examinations
• Secrecy
• Exclusive service. (Secs. 2(g), 3(2) and Rule 2A)

Conditions for Certification of Standing Orders

Every matter to be set out as per Schedule and Rule 2A
The standing orders to be in conformity with the provisions of the Act.

Procedure for Certification of Standing Orders

Certifying Officer to forward a copy of draft standing orders to the trade union
or in the absence of union, to the workmen of the industry. The trade union or
the other representatives, as the case may be, are to be heard. (Sec.5)

Date of Operation of Standing Orders

On the date of expiry of 30 days from certification or on the expiry of 7 days
from authentication of Standing Orders. (Sec. 7)
Posting of Standing Orders
The text of the standing orders as finally certified shall prominently be posted in
English or in the language understood by majority of workmen on special board
at or near the entrance for majority of workers. (Sec. 9)

Submissions of Draft Standing Orders

Within six months from the date when the Act becomes applicable to an
industrial establishment. Five copies of the draft Standing Orders are to be
submitted to the Certifying Officer under the Act. (Sec. 3)

Temporary application of Mode Standing Orders

Temporary application of mod standing orders shall be deemed to be adopted
till the standing orders as submitted are certified. (Sec.12-A)

Payment of Subsistence Allowance to the Suspended Workers

• At the rate of fifty per cent, of the wages which the workman was entitled to
immediately preceding the date of such suspension, for the first ninety days of
suspension.
• At the rate of seventy-five percent of such wages for the remaining period of
suspension if the delay in the completion of disciplinary proceedings against
such workman is not directly attributable to the conduct of such workman. (Sec.

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 10-A)

PENALTIES
• Failure of employer to submit draft Standing Orders fine of Rs.5000 and
Rs.200 for every day on continuation of offence.
• Fine of Rs.100 on contravention and on continuation of offence Rs.25 for
every day.
Sec. 12-A

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 Conclusion
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. Labour law reforms are an ongoing and
continuous process and the Government has been introducing new laws and
amending the existing ones in response to the emerging needs of the workers in
a constantly dynamic economic environment.

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 Bibliography

 Dr. V.G. Goswami, Labour and Industrial Laws, Central LawAgency,

Allahabad, 9th Edition, 2011

Webeography

 http://www.dgfasli.nic.in/npolicy/OSH-Policy.pdf/24-03-2014/23:22p.m.

 https://www.jetro.go.jp/jfile/report/07000147/Report%20on%20Labour%20Laws%20in%20
India%20.pdf/30-03-2014/1:17pm

 http://www.jmehta.in/factories_act_1948.html/25-03-2014/12:31a.m.

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