Imperial Journal of Interdisciplinary Research (IJIR)
Vol-3, Issue-3, 2017
ISSN: 2454-1362, http://www.onlinejournal.in
Concept of Social Security and Labour
Welfare in India: An analytical study*
Raman Sharma
Ph.D. Research Scholar Department of Laws, Panjab University, Chandigarh
Abstract: The concept of social security is needed
to establish peace, stability and protection in the
society. Now social security has become a fact of
life for millions of people, throughout the world.
Social security is a major aspect of public policy
and the extent of its prevalence is a measure of the
progress made by a country towards the ideal of a
welfare state. The main strength of the social
security system is that it acts as a facilitator – it
helps people to plan their own future through
insurance and assistance. Social security for
workers is a concept which over a time has gained
importance in the industrialized countries. Broadly,
it can be defined as measures providing protection
to working class against contingencies like-
retirement, resignation, retrenchment, maternity,
old age, unemployment, death, disablement and
other similar conditions.
1- Introduction
“No lasting peace without social justice no
social justice without social security”
Leo Killbmann
Social Security and labour welfare is a basic need
of all people regardless of the sector of
employment in which they work. Social Security is
one of the most powerful institutional expressions
of social solidarity and an important means by
which an adequate standard of living for the people
is ensured. Social security and labour welfare is
being increasingly recognized as a dynamic
concept which has widely influenced the social and
economic policies of all the developed and
developing countries. It is one of the pillars on
which the structure of welfare State is rests. The
concept of social security and labour welfare in
modern welfare State is much too broad enough
providing comprehensive social security from
‘womb to tomb’.i
2- Meaning of social security and labour welfare
Social security is as old as society itself, but its
form has evolved according to its needs and the
level of social consciousness of the people. Social
security is important for reducing social and
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economic inequalities and for making direct
contributions to the well being of all. The gist of
social security is that the State shall make itself
responsible for ensuring a minimum standard of
material welfare to all its citizens on a basis wide
enough to cover all the main contingences of life. It
aims to help individuals in their times of
dependency. The main risk of insecurity to which
human life is exposed and in relation to which
organised society can afford relief to the helpless
individuals are incidents of life occurring right
from childhood upto old age & death and include
mainly sickness, maternity, invalidity, accident and
industrial disease, unemployment, old age, death of
the bread-winner and other such emergency.ii
2.1- Definitions
I.L.O. defines social security as- The security that
the society furnishes through appropriate
organization against certain risks to which its
members are exposed. These risks are essentially
contingencies against which the individual of small
means cannot effectively provide by his own ability
or foresight alone or even in private combination
with fellows.iii
In India, The National Commission on Labour
has endorsed the I.L.O. definition of social security
and observes- Social security envisages that the
members of a community shall be protected by
collective action against social risks causing undue
hardship and privation to individuals whose prime
recourses can seldom be adequate to meet them. iv
Social security, according to New Zealand Royal
Commission should ensure that- everyone is able
to enjoy a standard of living much like that of the
rest of the community, and thus is able to feel a
sense of participation in & belonging to the
community.v
Labour Welfare is an extension of the term welfare
and its application to the labour. It is true that
labour occupies an important position in every
society, but its import has not always received the
requisite accreditation. In India, labour welfare
started in its broader meaning, but has gradually
become narrower in its outlook. The necessity of
welfare work is beyond the stage of debate and is
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Vol-3, Issue-3, 2017
ISSN: 2454-1362, http://www.onlinejournal.in
recognized as an integral part of industrial
management in all countries. The need for
improving the material conditions of workers, both
from the social view point and from the effect on
productive efficiency, is being increasingly
appreciated throughout the civilized world. Labour
welfare work postulates a real change of hearts and
change of outlook on the part of both the employers
and the workers as parts of an integral whole.
The Oxford Dictionary defines Labour Welfare as
efforts to make life worth living for workmen.vi
The Encyclopaedia of Social Sciences defines
labour welfare as the voluntary efforts of the
employers to establish, within the existing
industrial system, working and sometimes living
and cultural conditions of the employees beyond
what is required by law, the custom of industry and
the conditions of the market.vii The Committee on
Labour Welfare, set up by the Government of
India in 1969, in its report defined labour welfare to
include such services, facilities and amenities as a
adequate canteens, rest and recreation facilities,
sanitary and medical facilities, arrangements for
travel to and from work and for the accommodation
of workers employed at a distance from their
homes and such other services, amnesties and
facilities including social security measures as
contribute to improve the conditions under workers
are employed. The International Labour
Organisation also observed that the term is one
which lends itself to various interpretations...... it
may include not only the minimum standard of
hygiene and safety laid down in general labour
legislation, but also aspects of working life as
social insurance schemes, measures for protection
of women and young workers, limitation of hours
of works, paid vacations etc.viii
3- Social Security- its provisions in India
The concept of social security, according to the
National Commission on Labour is based on ideals
of human dignity and social justice. The underlying
idea behind social security measures is that a
citizen who has contributed or is likely to
contribute to his country’s welfare should be given
protection against certain hazards of life to which
he is exposed either in his working life or as a
consequences of it. In other words, social security
insures a person against economic distress resulting
from various contingences and assures him a
minimum level of living consistent with the
nation’s capacity to pay.ix
India, being a welfare State, has taken upon itself
the responsibilities of extending various benefits of
social security and social assistance to its citizens.
The social security legislations in India derive their
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strength and spirit from the Directive Principles of
the State Policy as contained in the Constitution.
Although the Constitution of India is yet to
recognize social security as a fundamental right it
does require that the State should strive to promote
the welfare of the people by securing and
protecting, as effectively as it may, a social order in
which justice social, economic and political shall
inform all the institutions of national life. The state
here discharges duty as an agent of the society in
order to help those who are in adverse
contingencies. Social security and labour welfare
falls under the concurrent list; it means both union
and state government can make laws regarding
social security issues. Art 41, 42, 43 of the
Constitution do talk about the same also, the
concurrent list in (Seventh Schedule) of the
Constitution of India mention like;
1. Social security and insurance, employment
and unemployment.
2. Welfare of labour including conditions of
work, provident funds, employer’s
liability, workmen’s compensation,
invalidity and old age pension and
maternity benefits.
3.1- Frameworks of social security relating to
Organised sector
The Constitution of India ensures that the State
shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a
social order in which justice, social, economic and
political shall inform all the institutions of the
national life set standards for achievements before
the Legislature and Executive, local and other
authorities, to achieve social & economical welfare
of the people.xThe main statutory provisions that
have been provided so for in the country in the
direction of social security are as follows:
3.1.1- The Employee’s Compensation Act, 1923
The object of the Act is to impose an obligation
upon employer to pay compensation to workers for
accidents arising out of and in the course of
employment. The scheme of this enactment is not
to compensate the workmen in lieu of wages but to
pay compensation for the injury caused. The
Employee’s Compensation Act extends to the
whole of India. The Central and State Governments
are empowered to extend the scope of the Act to
any class whose occupations considered hazardous
after giving three months notice in the official
gazette. The Act is administered by the State
Governments, who are required to appoint
Commissioners of Employee’s Compensation Act.
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3.1.2- The Employee State Insurance Act, 1948
The object of the Act is to provide for certain
benefits to employees in case of sickness, maternity
and employment injury & to make provisions for
certain other related matters. The Act extends to the
whole of India and applies to all the factories, other
than seasonal factories, run with power and
employing 20 or more persons. The Act has also
been extended to new classes of establishments,
power using factories employing 10 or more
workers, shops, theatres, cinemas, hotels, restraints,
motor transport undertakings and newspapers
establishments employing 20 or more persons in
number of states. It covers persons employed
directly and indirectly as also the clerical staff, but
does to apply to members of armed forces or to
persons whose remuneration in aggregate exceeds
Rs 7,500 per month.xi
3.1.2- The Employee Provident Fund and
Miscellaneous Provisions Act, 1952
The purpose of the Act is to provide for the
institution of provident fund, pension fund and
deposit linked insurance fund for employees in
factories and other establishments. This Act
extends to whole of India except the State of J&K.
It applies to factories specified in schedule I and in
which 20 0r more persons are employed. The Act
also applies to any other establishments employing
20 or more persons or class if such establishment
that the Central Government may by notification in
the official gazette in this regard.
3.1.3- The Maternity Benefit Act, 1961
The aim of this Act is to regulate the employment
of women in certain establishments for certain
period before and after childbirth and to provide for
maternity benefits and certain others benefits. Act
extends to whole of India. The Act applies to every
establishment being a factory, plantation or mines
including any such establishments where persons
are employed or were employed of equestrian,
acrobatic and other performances.
3.1.4- The Payment of Gratuity Act, 1972
The Act provides for a scheme of compulsory
payment of gratuity to employees engaged in
factories, mines, oil fields, plantation, ports railway
companies, motor transport undertaking, shops or
other establishment, to other employing 10 or more
employees on any day of the preceding 12 months.
Act extends to whole of India except of State of
J&K.
3.1.5- The Employees Pension Scheme, 1995
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This scheme is compulsory for all the persons, who
were members of the Family Pension Schemes,
1971. Minimum 10 years contribution service is
required for entitlement to pension.xii
3.2- Frameworks relating to social security in
unorganised sector
The majority of workforce in the unorganised
sector is in a dire need of comprehensive social
security protection. There are number of
legislations which are wholly or partly applicable
to the workers in unorganised sector, some of them
are as follows:
3.2.1- The Factories Act, 1948
The Factories Act, 1948 is designed to protect
workers in the factories. The main object of the Act
is to ensure adequate safety measures and to
promote the health and safety of the workers
employed in the factories. The provisions relating
to the health and safety of the workers relates to
cleanliness, disposal of wastes and affluent,
ventilation, overcrowding, lighting, drinking water
facilities, latrines, urinals and spittoons, fencing of
machinery, easing of new machinery, testing and
examination of appliances and plants such as
hoists, lifts, cranks, supply of safety appliances to
workers, precautions against dangerous fumes
etc.xiiiThe implementation of the Act is under the
jurisdiction of the State government.
3.2.2- Contract Labour (Regulation and
Abolition) Act, 1970
This Act regulates the employment of contract
labour in certain establishments and provides for its
abolition in certain circumstances. The Act is
applicable if the principal employer engages twenty
or more contract workers in an establishment. The
contractor who employee 20 or more workers in his
contract work will be covered under this Act. The
Act provides for the registration of all
establishments of principal employers and licensing
of all contractors. Under this Act penalties have
been prescribed for those who violate the law.
3.2.3- Beedi and Cigar workers (Conditions of
Employment) Act, 1966
This Act provides for the welfare of the workers in
beedi and cigar establishment and regulates the
conditions of their works. The Act provides for
licensing of all industrial premises where beedi or
cigar or both are made. The employees who are
given raw material by an employer or a contractor
for making beedi and cigars at home are covered
under the Act. The welfare measures that it
provides include drinking water facilities, latrines,
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urinals and spittoons, ventilation, washing
facilities, crèches, first aid and canteens, working
conditions, working hours, wages for over time,
interval for rest and annual leave and wages.
3.2.4- Plantation Labour Act, 1951
This Act regulates the condition of work of
plantation workers and provides for their welfare.
Though in the first instance, it applies only to tea,
coffee, rubber and cinnamon plantations, and the
state governments have been empowered to extend
the provisions of the Act to other plantations with
the approval of central government. It fixes 54
hours of work of a week for adults and 40 hours of
work a week for adolescent and children, it
prohibits the employment of children under 12year
of age and work for women and children.xiv It
makes provisions for health and welfare of the
plantation workers.
3.2.5- Building and Other Construction
Workers’ (Regulation of Employment and
Conditions of Service) Act, 1996
It is an Act to regulate the employment and
conditions of service of building and other
construction workers and to provide for their
safety, health and welfare and other incidental
matters. The Act applies to every building or other
construction work establishment, which employs or
had employed ten or more workers. It covers all
central and state government establishments. The
special feature of the Act is that it covers all private
residential buildings if the cost of construction is
more than rupees ten lakh. Benefits include
assistance in cases of accident, payment of pension,
house building loans, assistance for group
insurance schemes, education of children,
maternity benefits and working hours etc.
3.2.6- Do c k Workers’ (Regulation of
Employment) Act, 1948
This is a social legislation enacted for the welfare
of dock workers. The Act inter alia, empowers the
central government in case of major ports, and the
state governments in the case of other ports, to
frame regulations for the registration of dock
workers in order to ensure greater regularity of
employment.
3.2.7- Minimum Wages Act, 1948
It is an important piece of legislation enacted for
the benefit of unorganised sector. It was enacted for
fixing, reviewing and revising the minimum rates
of wages in the scheduled employments where
workers are engaged in the unorganised sector. The
appropriate government has been empowered to fix
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the minimum rates of wages payable to employees
employed in the scheduled employments. The aim
of the Act is meant to ensure that the market forces
and the laws of demand and supply are not allowed
to determine the wages of workmen in industries
where workers are poor, vulnerable, unorganised
and without bargaining power.
3.2.8- Payment of Wages Act, 1936
It regulates the payment of wages to certain classes
of employed persons. The main target of the Act is
to ensure regular and prompt payment of wages and
to prevent the exploitation of wage earners by
prohibiting arbitrary fines and deduction from
wages. The Act is not applicable to self employed/
home based workers as they are not persons
employed in the category of establishments
mentioned in the Act.
3.2.9- The Mines Act, 1952
The Mines Act, 1952 was enacted to amend and
consolidate the law relating to the regulation of
labour and safety in mines. It extend to whole of
India and aims at providing for safe as well as
proper working conditions in mines and certain
amenities to workers employed therein. In every
mine where more than 150 persons are employed, a
first aid room under the charge of medical and
nursing staff is to be provided and maintained.
3.2.10- Employee’s Compensation Act, 1923
It provides for the payment of compensation to
workers for injuries sustained in course of
employment.xv
3.2.11- Inter-State Migrant Workmen
(Regulation of Employment and Conditions of
Service) Act, 1979
This is an Act to provide for to regulate the
employment/ service conditions of inter-state
migrant workers. The benefits includes non-
discrimination in wage rates, holidays, hours of
works and other conditions of work, equal pay for
equal work, suitable conditions for work, suitable
residential accommodation, adequate medical
facilities and adequate protective clothing and
equipment.xvi
3.2.12- Maintenance and Welfare of Parents and
Senior Citizens Act, 2007
The Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 is a legislation enacted in
2007, initiated by Ministry of Social Justice and
Empowerment, to provide more effective provision
for maintenance and welfare of parents and senior
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citizens.xvii This Act makes it a legal obligation for
children and heirs to provide maintenance to senior
citizens and parents, by monthly allowance. This
Act also provides simple, speedy and inexpensive
mechanism for the protection of life and property
of the elder persons.xviiiThis Act also provides
setting up of old age home for providing
maintenance to the indigent senior citizens and
parents.xix Section 5 of the Act provides that if the
children or relative is not maintaining his parents or
senior citizen respectively then the parents can seek
the assistance of Tribunal constituted under this
Act, to enforce the remedy of maintenance. Such
parents / senior citizens can file an application
before the tribunal.xx
3.2.13- The Unorganized Sector Workers’ Social
Security Act, 2008
The Act so far has been not notified. This
study will be incomplete, if the analysis of the Act
is omitted. The Unorganized Sector Workers Social
Security Act primarily aims at providing social
security and welfare of unorganized sector workers.
Chief Justice K.G. Balakrishnan aptly highlighted
the objectives of the Act in the following words:
“Needless to say, the million of unorganized
workers are in dire need of stable and reliable
social security regime. The Unorganized Workers’
Social Security Act contemplates the delivery of
benefits to unorganized workers in instance of
sickness, disablement maternity, unemployment,
old age and death of the family’s bread winner.
Hence, the legislation intents to expand the social
safety net as widely as possible.xxi
3.2.14- Public Liability Insurance Act, 1991
The Public Liability Insurance Act, 1991 provides
through insurance, immediate relief, by owners
who control or handle hazardous substances, to
persons affected by the accident due to handling of
such hazardous substances on “No Fault Liability”
basis.xxiiAs per the Act, anyone who does own,
control or handle hazardous substances as should
purchase public liability insurance.xxiii
3.2.15- Mahatma Gandhi National R ur a l
Employment Guarantee Act, 2005
The employment guarantee is basically a form of
social security to the working poor by enabling
them to access additional income via employment
to meet their conditions of ‘deficiency’ with regard
to employment/income. In that sense, this could be
viewed as promotional social security to the
working poor. In September, 2005, the Indian
Parliament passed a Bill called National Rural
Employment Guarantee that marked a significant
milestone from the perspective of right to
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development. This Act created, albeit in modest
terms, legal entitlements to adult citizens in rural
areas to seek work up to 100 days per household
per year. In realistic terms, the Act is meant for the
working poor in villages to take care of the
problem of underemployment and thus to enhance
their income that would make them less poor or
cross the officially determined poverty line. The
work guarantee is in the nature of unskilled manual
work in the local area organised and implemented
by elected local governments in coordination with
the rural development department. Mahatma
Gandhi National Rural Employment Guarantee Act
implemented by the Ministry of Rural
Development is the flagship programme of the
government that directly touches lives of the poor
and promotes inclusive growth. The Act aims at
enhancing livelihood security of households in
rural areas of the country by providing at least one
hundred days of guaranteed wage employment in a
financial year to every household whose adult
members volunteer to do unskilled manual work.xxiv
3.2.16- Domestic Workers Welfare and Social
Security Act 2010
Domestic workers in India have always been
categorized under the umbrella of “Unorganized
Labour” and have been excluded from the welfare
laws. With the maximum number of domestic
workers being women and children, there have
been many cases and reports of exploitations. So in
the year of 2010 there was a law developed for the
rights and welfare of domestic workers known as
Domestic Worker Welfare and Social Security Act,
2010.xxv This Act is applicable to whole of India
except of Jammu and Kashmir.xxvi It does not apply
to such domestic workers who have immigrated
from employment to any other country and
employment of child is prohibited under this
Act.xxvii
3.2.17- National Food Security Act, 2013
The government has enacted the National Food
Security Act 2013 with an objective to provide for
food and nutritional security in human, by ensuring
access to adequate quantity of quality food at
affordable prices to people to live a life with
dignity and matters connected therewith or
incidental thereto.xxviii This Act guarantees
subsidized food to 50% of the urban population and
75% of the rural population. The proposed
legislation would provide rice, wheat etc. at very
low prices to propriety household similar to below
poverty line families. Distribution will be through
the current public distribution system by
government run ration and fair price ships.xxix
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3.2.18- Motor Vehicle Act, 1988
With the development of civilization, act of
negligence have become actionable wrong.xxx In
order to give effective right to the person injured or
expired in an accident, the Fatal Accident Act,
1855 was enacted in India. This enactment has
worked in India for a comfortable long period.
Now the Motor Vehicle Act 1988 is in existence.
The Act provides for enhanced compensation for
hit and run cases as well as for “no fault liability”
cases. It also provides payment of compensation on
proof of fault basis to the extent of actual liability
incurred which ultimately means on unlimited
liability in accident cases.xxxi
3.3-Social security Schemes to the workers in
unorganised sector
There are number of schemes that have been
evolved in India through legislations and policies to
provide social security to the workers in the
unorganised sector. Some of the important schemes
are- Indira Gandhi National Old Age Pension
Scheme, Janani Suraksha Yojana, Indira Awaas
Yojana, Jawahar Rozgar Yojana, Mid Day Meal
Scheme, Aam Aadmi Bima Yojana, Pradhan Mantri
Jan Dhan Yojana, Pradhan Mantri Surakasha
Bima Yojana, Atal Pension Yojana, Pradhan
Mantri Jivan Jyoti Bima Yojana, Integrated Rural
Development Programme, Group Life Insurance
Scheme, National Agricultural Insurance Scheme,
Krishi Shramik Samajik Suraksha Yojana, Shiksha
Sahayog Yojana, Jawahar Gram Samriddi Yojana,
Swarnjayanti Gram Swarozgar Yojana,
Employment Assurance Scheme, Sampoorna
Grameen Rojgar Yojana, Pradhan Mantri
Gramodaya Yojana, Pradhan Mantra Gram Sadak
Yojana, Rajiv Gandhi Shramik Kalayan Yojana,
National Rural Health Mission, National Food For
Work Programme, National Family Benefit
Scheme, National Maternity Benefit Scheme, Indira
Gandhi National Widow Pension Scheme, Indira
Gandhi National Disability Pension Scheme,
Annapurna Scheme, Indira Awaas Yojana etc.xxxii
4- Commission’s Report on Social security:
The National Commission on Rural Labour (GOI,
1991) highlighted the need of social security for
unorganized rural workers and recommended
provisions for minimum social security benefits as
a matter of high priority comprising of (a) Old age
pension. (b) Maternity benefits, and (c) Minimum
health care and sickness benefit.xxxiii
The National Commission on Labour, 2000,
Ministry of Labour, GOI, accept the need to
consider social security as a fundamental right and
recommended the high powered national social
security authority will be mainly to formulate the
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national policy on social security and to co-ordinate
the central and state level programme.xxxiv
The Study Group on social security (GOI, 2002a)
reinforces the argument that right to social security
is one of the basic human rights; the Supreme
Court has ruled that the right to livelihood is
inherent in the right to life which is a fundamental
right. As the ultimate object of social security is to
assume that everyone must have the minimum
means of livelihood.xxxv
The Second National Commission on Labour (GOI,
2002b) made comprehensive recommendation for
providing basic social security to all workers
comprising of (a) insurance against health and
disability; (b) health insurance; (c) maternity
benefit; and (d) old age benefit. It had also
recommended various means to financing social
security and its administration through proper
delivery system.xxxvi
The National Commission for Enterprises in the
unorganized sector, in its report on social security
for unorganized workers (2006) observed that only
0.4 per cent of the informal workers are covered
under any social security scheme and nearly 77 per
cent of such workers are earning only 20 rupee per
day per person (NCEUS, 2006). After examining
major problems and issues of extending social
security to the unorganized worker, the commission
had recommended for the informal workers and
also indicated the process of financing and
administration of the scheme.xxxvii
Institute for Financial Management and Research
(2013), in its report on comprehensive social
security for the India’s unorganized sector, states
that social security is widely seen as a fundamental
building block of a just and equitable society.
While ideas of welfare, pension and charity have
been with us since the times of the earliest
civilizations, the modern concept of social security
can arguably trace its origins to the aftermath of the
industrial revolution. In this report, an attempt is
made to analyse and characterise the nature of the
challenges in the design and implementation of
social security schemes, and to draw out lessons on
design and implementation of a comprehensive
social security scheme for India.xxxviii
The National Commission on Labour, 1969 and
2002 has recommended need of comprehensive
Social Security plan in order to overcome
difficulties faced by the workers and for the
betterment of the social security schemes. The
Study Group (1957-58) appointed by the
Government of India had recommended for
integration of various social security measures with
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a unified scheme of administration and contribution
providing for medical care and coverage against
sickness, maternity, employment disablement, old
age and death.
5- Judicial Approach
In Crown Aluminium Works V. Their
Workmenxxxix
The Supreme Court observed that it is quite likely
that in underdeveloped countries, where
employment prevails on a large scale, unorganised
labour may be available on starvation wages, but
the employment of labour on starvation cannot be
encouraged or favoured in a modern democratic
welfare state. If an employer cannot maintain his
enterprise without cutting down the wages of his
employees below even a bare subsistence or a
minimum wage, he would have no right to conduct
his enterprise on such term.
Peoples Union for Democratic Rights V. Union
of Indiaxl
The Supreme Court has enlarged the ambit of
fundamental right to equality, life and liberty,
prohibition of traffic in human being and forced
labour provided in the Constitution. It was also
held that non payment of minimum wage to the
workers engaged in construction work would
amount to not only violation of Minimum Wages
Act, but also Article 23 of the Constitution, which
intends to prevent forced labour and beggar.
Air India v. Nargesh Meerza and Othersxli
The provisions on retiring age implied that the
normal age of retirement of an air hostess is 35
years, or on marriage, if it took place within four
years of service, or on first pregnancy whichever
occurred earlier. In this case Supreme Court
observed that this was a most unreasonable and
arbitrary provisions to terminate the services of Air
hostess on first pregnancy. It is unconstitutional,
void and is arbitrary to Article 14 of the
Constitution and will be therefore, stand deleted.
Regional Director v. Shakeena bibi Pathan,xlii in
this case the ESI Corporation has challenged
judgment and order passed by ESI Court,
Ahmadabad whereby, ESI Court has awarded
dependence benefits in favour of respondent under
section 52 read with Schedule-1, because death of
her husband occurred due to murder in working
hour, which was considered to be employment
injury by ESI court. The contention raised by
respondents that murder cannot cover under
definition of accident or employment injury as per
ESI Act, therefore claimant is not entitled any
amount of dependence benefits from corporation.
He also submitted that death of deceased was not
occurred during the course of employment. The
court has considered that murder is also amount to
accidental death which occurred during course of
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employment then claimants are entitled to amount
of compensation.
Workmen v. Repta Kose Brett and Co. Ltd.,xliii
this is another landmark case decided by Apex
Court that the children’s education, medical
requirements, minimum recreation, provisions for
old age, marriage etc., should further constitute
25% of the minimum wages and used as a guide in
fixation of minimum wages.
AIR India Statutory Corporation v. United
Labour Union,xliv it was observed by Supreme
Court that the Directive Principles are substantially
human rights. Most of the rights of workers are
included in Part IV, but the judicial interpretation
gave them a better footing. The labour
jurisprudence in India evolved by the judiciary
after 1950’s has been a shield of protection to
workers from all sorts of exploitation.
M/s Diwan Chand Builders and Contractors v.
Union of India and others,xlv the Supreme Court
held that in relation to building or other
construction work carried on by or through a
contractor, or by the employment of building
workers supplied by a contractor. The extension of
the liability on the constructer is with a view to
ensure that, if for any reason it is not possible to
collect cess from the owner of the building at a
stage subsequent to the completion of the
construction, it can be recovered from the
constructor. In short, the burden of cess is passed
on from the owner to the contractor.
Himachal Road Transport Corporation v. Om
Prakash,xlvi the bomb planted in the bus exploded,
when the bus was parked and had just started. It
was held as under.- “...Where bodily injuries have
been caused and some of them were fatal on
account of explosion of bomb planted in the bus by
someone else after the bus was just started and
covered a short distance, to the passengers of bus.
The bodily injuries and death of passengers arose
out of use of vehicle and the M. A. C. T. could
exercise jurisdiction to entertain claims made by
the passengers and dependants of passengers who
died in explosion of bomb either immediately or
after some treatment in hospital. The Roadways
authority was responsible for and negligence in not
checking luggage and allowing bus to remain
unattended in disturbed times.”
Sanjit Roy v. State of Rajasthan,xlvii it has been
held that the payment of wages lower than the
minimum wages to the person employed in famine
relief work is violation of Article 23. Whenever
any labour or service is taken by the state from any
person who is affected by drought in scarcity
condition, the state cannot pay him less wages than
the minimum wages on the ground that it is given
them to help to meet famine situation. The state
cannot take advantage of their helplessness.
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5- Conclusion Saxena, R.C., “Labour Problems and Social

From the above discussion it is concluded Welfare”, Meerut: Educations Publishers,
that social security is a dynamic concept. In nut 1974.
shell social security refers to protection extended
by the state to its members to enable them to
overcome various contingencies of life. Social *Raman Sharma, Ph.D. Research Scholar Deptt. of Laws
security is a planned commitment of a society to Panjab University Chandigarh
ensure bright future for the new born generation, i
Meenakashi Gupta, “Labour welfare and social
active development of present generation and security in unorganised sector”, P.91, 2007
lastly, but not less importantly; to relieve the
ii
Dr. T. N. Bhagoliwal, “Economics of labour &
discomforts of the retired generation and help them industrial relations”, P.492, 1989
iii
to live in peace and harmony. Present social I.L.O., Approaches to Social Security, 1942, P.83
iv
Report of National Commission on Labour, 1969, P.
security scheme in India suffers from certain
162
drawbacks such as uneven scope, inadequacy of v
Adarkar B.P., Planning for Social security in India, P.3
benefits, duplication and overlapping provisions. vi
The Concise Oxford Dictionary
The social security system has to be redesigned by vii
Encyclopaedia of Social Sciences, Vol. xv, 1935, p.395
viii
giving wholesome approach with the main I.L.O. Report II- Provision of facilities for the
objective of fulfilling the basic needs of workers in promotion of workers welfare, Asian Regional
organized and unorganized sectors in India. Conferance-
Nuwara Eliya Ceylon,P.3
References
ix
Dr. Suresh C Srivastava, “Social Security and Labour
Laws”, P.9, 1985
Adarkar, B.P., “Report on Health Insurance for x
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Industrial Workers”, Shimla, Government xi
Jeet Singh Maan, “Comprehensive Social Security
of Scheme for workers”,121,126, 2010
xii
Id at. P.134,136,139,141
India Press, 1944. xiii
Section 21 to 41,The Factories Act, 1948
xiv
Sections 19, 25 of Plantation Act,1951
Agarwal, D.R., “Labour Problems, Social Welfare xv
Supra note 1, P.108-118
and Security”, New Delhi: Forward xvi
Sec. 16 of the Act,1979
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xvii
P.K. Das, “Hindu Succession”, 2011, p. 111
xviii
Lakshmi Kanth, “ Governance in India”, 2011, p. 10
Bhagoliwal, T.N., “Economics of Labour and
xix
Id. at 17.
xx
Industrial Relations”, Agra: Sahitya xxi
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Bhavan,
http://www.supremecourtofindia.nic.in/speeches_20
1989. 09_NALSASeminar.
xxii
Gyan Prakash Verma, “State Liability in India:
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India”, New Delhi: Deep and Deep xxiii
Arunajete Sen, “Risk Management and Insurance”,
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Publications,1984. xxiv
K.V.S. Prasad, “Performance of Mahatma Gandhi
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Overview,” International Journal of Management
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and Business Studies, Oct.-Dec. 2012, p. 99.
Gupta, Meenakshi, Labour Welfare and Social
xxv
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Security in Unorganized Sector, New on anvil”, The Telegraph, July 9, 2011
xxvi
Delhi: Section 1of Domestic Worker Welfare and Social
Security, 2010
xxvii
Deep & Deep Publications, 2007. Section 18 of the Act, 2010
xxviii
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Jain, M.P., “Indian Constitutional Law”, New Hindu, November 2013.
Delhi: Wadhwa & Co., 2011. xxix
Ibid., also see Parvathi Menon and Divya Dixit,
“Starving India: Food Security vis-à-vis Right to
Mann, Jeet Singh, “Comprehensive Social Security Food in Indian Context,” International Journal of
Scheme for Workers”, New Delhi: Deep Sustainable Development, Vol. VI, No. 9, 2013, pp.
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xxx
Garg, M.C.B., Pal, K.K. and Garg, Mahesh Chand,
Misra, S.N., “Labour and Industrial Laws”, Insurance Management: Principles and Practices,
Allahabad: Central Law Publication, 8th xxxi
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Edition, V.R. Manohar, and Chitaly, W.W., The Supreme
Court Millennium Digest, 2000, Vol. II, p. 344.
xxxii
2000. Supra note 1, P. 96-104

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Imperial Journal of Interdisciplinary Research (IJIR)
Vol-3, Issue-3, 2017
ISSN: 2454-1362, http://www.onlinejournal.in

xxxiii
Report of the National Commission on Rural
Labour,Ministey of Labour and Employment,New Delhi,
Govt.
of India/1991
xxxiv
Report National Commission on Labour,Ministry of
Labour and Employment,New Delhi, 2000, Ministry of
Labour, GOI,
xxxv
Report of The Study Group on social security,New
Delhi: National Commission on Labour. (GOI, 2002a)
xxxvi
Report of The Second National Commission on
Labour, Ministry of Labour and Employment (GOI,
2002b)
xxxvii
Report ofThe National Commission for Enterprises
in the unorganized sector Social Seccurity for
Unorganised Workers: (GOI.New Delhi),2006
xxxviii
Report of the Institute for Financial Management
and Research (2013)
xxxix
(1958) 2 L.L.J. 1
xl
(1982) 2 L.L.J.454
xli
AIR 1983 SC 130
xlii
2010 LLR 667 (GUJ).
xliii
AIR 1992 SC 504.
xliv
AIR 1997 SC 645.
xlv
(2012) 1 SCC 101.
xlvi
1992 ACJ 40 (HP).
xlvii
AIR 1983 SC 1155.

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