Evolution of Labour Law & Industrial Legislation in India

Author - Associate Nupur Mehrotra

Discussion of Indian labour law and industrial relations is commonly divided into separate time periods, reflective vital stages within the evolution of the Indian state moreover as stages of economic development and policy

Labour laws are also called employment laws. It can be defined as a collection of laws which control the rights and restrictions of working people and their organizations, workplace health and safety, the standard of employment and industrial relations all are covered under labour laws.

In this article we are going to discuss about Evolution of labour legislation in India and Historical perspective of labour law in India

History Of Labour Law In India

Earlier labourers were deprived of their rights at their workplaces, they were paid less for their work and their health issues were not considered. The powers of the workers were restricted. After going through such conditions they raised their voice against it, they demanded more wages and consideration for their health issues, they formed various organizations for this but it failed. They then decided to go on with their strike with unions and raised the voice so that it could reach the government. Finally in 1950 in India labour laws were embedded in the constitution which protected the rights of labourers, looked after health issues and also assured that they are not humiliated at their workplaces.From the History of labour laws in India till date, many important changes and updates have been made in order to provide Rights to Industrial labours.

Constitution Rights

The articles which directly concern labour rights are: (14), (16), 19(1) (c), 23-24, 38 and 41-43(A). Article 14 concludes that everyone should be equal before the law, Article 15 states that states should not discriminate against citizens, Article 16 promises equality of opportunity. Article 19(c) gives the right to form unions or associations, Article 23 prohibits forced labour and Article 24 goes on to prohibit child labour which includes that child below the age of 14 years should not be included in hazardous jobs. Article 38(1) promotes the welfare of people and 38(2) minimizes or decreases the inequality of income. Article 43(A) inserted through the 42nd amendment secures the participation of workers in the management of undertakings.

Trade Unionism And Trade Union Act 1926

In the Year 1920, workers or labourers at different places like Buckingham, Madras went on strike. A suit was filed against the labourers at Madras high court, this issue day by day became so serious that it led to the formulation of an Act called as Trade Union Act 1936. This Act gave powers to the Union for certain writ and criminal activities and also provided democracy to them.

Wage Determination In The Organized Sector

Wages in these sectors were determined through the Minimum Wages Act 1948. Through this act, a minimum wage of labourers is fixed, though this Act provided no justice as the wages at that time was fixed too low for them.

Employment, Injury Health And Maternity Benefit

The Workmen Compensation Act, 1923 covered all the cases of accident recovery of the employers in the course of employment. The amount of recovery depends upon the amount of injury. In case of death, his wife/ dependent is liable for recovery. In the Employers Insurance Act the employers had to contribute a little sum of their wages to an insurance corporation which runs hospitals so that in future or at the time of emergency they could get free checkup and medicines, at the time of accidents.

Maternity Benefit Act, through this Act the female employee who is pregnant can get 90 days of paid leave which was not present earlier. Earlier women's salaries were cut for these leave or they were terminated from their job.

Women And Labour Laws

Women also benefited from these laws. Certain laws were passed which were for the welfare of women labourers. Equal pay for equal work was one of them. Women were paid less for the same work which men did. Through this Act, they demanded equal wages to be paid for equal work. They were also awakened against sexual harassment at workplace. They were also given lessons to protect themselves in these situations.

Retirement Benefit

This Retirement benefit was covered under the Payment of Gratuity Act and Provident Fund Act. In the first case, they can take up all at last and this can work as their retirement fund. In the second case, both the employers and the employee have to contribute a certain fund so that it could be used as a retirement fund for the employee. But the employee used to draw from these funds every year as a result at last or at the time of retirement they could earn a very less amount which was not at all sufficient.

Conclusion

Due to the diverse nature of Labours in Indian workplace having skilled and unskilled labours,  the laws and regulations were not considered a compulsory task to implement. But changing time and needs demanded some important regulations at workplace according to the time. These important changes brought Evolution of Industrial regulation in India and also created Evolution of Labour laws in India. Workplace harassment,.Improper wages, Arbitrary demand of work, Irregular working hours ,all this led to the making of the labour laws in India. Every person working should have knowledge about their rights and responsibilities. It is only when the person is allowed to make the correct use of his/ his right the organization can grow.

‘ Law cannot organize labour and industry without organizing injustice.’