CHANAKYA NATIONAL LAW UNIVERSITY

Final draft for the fulfillment of ―LABOUR LAW-I‖ course

On
ILO AND ITS ROLE IN THE INDUSTRIAL RELATIONS

Submitted To:-
Mr. V.K. Vimal
Faculty of Labour Law-I

Submitted by:-
Dilip Kumar
Roll no. - 1526
2nd year B.A.,LL.B.(Hons)

Date of submission:-13th April,2018

1|Page ILOANDITSROLEININDUSTRIALRELATIONS
 DECLARATION PAGE

I Dilip Kumar, student of B.A., LL.B. (Second year) in Chanakya National Law
University declare that the research project entitled ―ILO AND ITS ROLE IN THE
INDUSTRIAL RELATIONS‖ submitted by me for the fulfillment of ―LABOUR LAW-
I‖ course is my own work. This project has not been submitted for any other Degree /
Certificate / Course in any Institution / University.

2|Page ILOANDITSROLEININDUSTRIALRELATIONS
 ACKNOWLEDGEMENT

I am highly elated to have worked on my research topic ―ILO AND ITS ROLE IN THE
INDUSTRIAL RELATIONS‖ under the guidelines of Mr. V.K. Vimal (Faculty of Labour Law-I). I
am very grateful to him for the proper guidance.

I would like to take this opportunity to express my profound gratitude and deep regard to him for his
exemplary guidance, valuable feedback and constant encouragement throughout the duration of the
project.

His valuable suggestions were of immense help throughout my project work.

His perceptive criticism kept me working to make this project in a much better way. Working under
him was an extremely knowledgeable experience for me.

I would also like to thank all my friends and my seniors. Apart from all these I would like to give
special regard to the librarian and other staffs of the library of my university who made a relevant
effort regarding to provide the materials to my topic and also assisting me.

Finally, I would also like to extend my gratitude to my parents and all those unseen hands that helped
me out at every stage of my project.

THANK YOU,

Dilip Kumar
Roll no. - 1526
2nd year B.A.,LL.B.(Hons)

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 PAGE OF CONTENT

SL.NO. NAME OF THE CHAPTER PAGE NO.

1. Declaration .......................................................................................... 2

2. Acknowledgement ................................................................................ 3

3. Introduction ........................................................................................... 5

3.1 Aims and objective of the project ........................................................... 7

3.2 Hypothesis… ........................................................................................ 7

3.3 Research Question ............................................................................... 7

4. Research methodology ......................................................................... 7

5. Review of existing literature .................................................................... 7

6. History… ................................................................................................. 8

7. Features and role of ILO ........................................................................ 12

8. Relationship between India and ILO ..................................................... 17

9. Conclusion and Suggestions… ................................................................20

Bibliography… ..................................................................................................................... 21

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(3).INTRODUCTION

The International Labour Organization (ILO) is a United Nations agency dealing with labour
problems, particularly international labour standards, social protection, and work opportunities for all
The ILO has 187 member states: 186 of the 193 UN member states plus the Cook Islands are
members of the ILO.

In 1969, the organisation received the Nobel Peace Prize for improving peace among classes,
pursuing decent work and justice for workers, and providing technical assistance to other developing
nations.The ILO registers complaints against entities that are violating international rules; however,
it does not impose sanctions on governments.

International Labour Organisation (ILO) is the most important organisation in the world level and it
has been working for the benefit of the workers throughout the world. It was established in the year
1919. It is a tripartiate body consisting of representatives of the Government, Employer, workers. It
functions in a democratic way by taking interest for the protection of working class throughout the
world.

It is also working at the international level as a ‗saviour of workers‘ ‗protector of poor‘ and it is a
beacon light for the change of social justice and social security. The I.L.O examines each and every
problem of the workers pertaining to each member country and discusses thoroughly in the tripartiate
body of all the countries. The I.L.O passes many Conventions and Recommendations on different
subjects like Social Security, Basic Human Rights, Welfare Measures and Collective Bargaining. On
the basis of Conventions and Recommendations of I.L.O. every country incorporates its
recommendations and suggestions in its respective laws.1

The idea of protecting the interest of the labour against the exploitation of capitalists owes its origin
to the philanthropic ideology of early thinkers and philosophers, and famous among them is ―Robert
Owen‖ who being himself an employer took interest in regulating hazardous working conditions of
the workers and also in human conditions under which the workers were being crushed underneath
the giant wheels of production.2

The concept of Socialism as a potential and political force emerged in consequence to increasing
development of capitalism, as an answer and defence to it. In the beginning, these social thoughts

1
International Labour Organisation, The ILO in a Channing World, 1958, p.6.
2
Dr. N.Swamy Maheshwara, Impact of ILO standards on Indian Labour Law, (Hyderabad: Asia Law
Book House, 2007), p. 480.
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were considered Utopian and they came to be regarded as Utopian Socialism expanded mainly in
England, France and the United States and the expression comprises in its ambit the revolutionary
thoughts of political thinker like Robert Owen, Saint- Simon, Fourier and many others. There was an
industrial revolution by which many industries were established consequently social and economic
evils have spread and so socialism has become very essential.3

In the United Kingdom, as a consequence because of industrialization many problems arised and
labour exploitation emerged. The United Kingdom was the first country to be industrialized and
subsequently other countries followed to industrializing their places. With a view to have protection
from the exploitation of the employers the employees tried to organize and unionise their
associations, but the industrial countries such as the United Kingdom followed by the United States
of America and other industrial countries made attempts to restrict the Trade Union Movement by
passing anti combination laws. The United Kingdom passed Anti-Combination Act of 1899, 1900
and the USA enacted Sherman and Clayton Acts which were vigoursly enforced against the workers
to discourage formation of trade unions. All these exploitations by the employers compelled the
sufferers to take refuse in the utopian doctrines. Robert Owen being an employer took interest on the
welfare of the workmen. Even during the period of shutdown of his mill he paid full wages to the
workers. It is very interesting to mention here that Robert Owen was the first employer to reduce the
working hours and to abolish the system of imposing penalties on the defaulting workers. He desired
for the follow up of his ideas and thoughts by the other employers also. He published essays in the
year 1813 under the new name of ―A New View Society‖. The Encyclopedia Britannica referring to
the origin of I.L.O wrote thus ―The name of Robert Owen is often quoted as pioneer of International
Labour Organisation on account of the two memoranda which are submitted to the Congress Aachen
in the year 1818.

3
Wilfred C Jenks, Human Rights and International Labour Standards, London, 1960, pp 4-5.
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(3.1).AIMS AND OBJECTIVE OF THE PROJECT

(i) The Researcher‘s aim in making this project is to study about ILO.

(ii) To study about its affect on Industrial relations.

(3.2).HYPOTHESIS

The researcher has assumed that,

(i) ILO‘s principle aim is welfare of labours around the world.

(ii) ILO has been successful in achieving its objective.

(3.3).RESEARCH QUESTION

(i) What is ILO?

(ii) What are the objectives of ILO?

(4).RESEARCH METHODOLOGY

(i) Sources of data

Primary sources – act,statutes etc.

Secondary sources– books , websites, journals, articles, magazines etc.

(5).REVIEW OF LITERATURE

For the purpose of research the researcher has visited CNLU library and review various sources
available both of primary and secondary nature.

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(6) HISTORY

While the ILO was established as an agency of the League of Nations following World War I, its
founders had made great strides in social thought and action before 1919. The core members all
knew one another from earlier private professional and ideological networks, in which they
exchanged knowledge, experiences, and ideas on social policy. Prewar "epistemic communities",
such as the International Association for Labour Legislation (IALL), founded in 1900, and political
networks, such as the socialist Second International, were a decisive factor in the institutionalization
of international labour politics.4
In the post–World War I euphoria, the idea of a "makeable society" was an important catalyst behind
the social engineering of the ILO architects. As a new discipline, international labour law became a
useful instrument for putting social reforms into practice. The utopian ideals of the founding
members—social justice and the right to decent work—were changed by diplomatic and political
compromises made at the Paris Peace Conference of 1919, showing the ILO's balance between
idealism and pragmatism.
Over the course of the First World War, the international labour movement proposed a
comprehensive programme of protection for the working classes, conceived as compensation for
labour's support during the war. Post-war reconstruction and the protection of labour unions
occupied the attention of many nations during and immediately after World War I. In Great Britain,
the Whitley Commission, a subcommittee of the Reconstruction Commission, recommended in its
July 1918 Final Report that "industrial councils" be established throughout the world. The British
Labour Party had issued its own reconstruction programme in the document titled Labour and the
New Social Order. In February 1918, the third Inter-Allied Labour and Socialist Conference
(representing delegates from Great Britain, France, Belgium and Italy) issued its report, advocating
an international labour rights body, an end to secret diplomacy, and other goals. And in December
1918, the American Federation of Labor (AFL) issued its own distinctively apolitical report, which
called for the achievement of numerous incremental improvements via the collective bargaining
process.5
As the war drew to a close, two competing visions for the post-war world emerged. The first was
offered by the International Federation of Trade Unions (IFTU), which called for a meeting in Bern,
Switzerland, in July 1919. The Bern meeting would consider both the future of the IFTU and the
various proposals which had been made in the previous few years. The IFTU also proposed including
delegates from the Central Powers as equals. Samuel Gompers, president of the AFL, boycotted the

4
G. Ramanujam, Indian Labour Movement, (New Delhi: Sterling Publishers Private Limited, 1990), p. 10.
5
Mamoria, Mamoria, Gankar, Dynamics of Industrial Relations, (Mumbai: Himalaya Publishing House Private Ltd.,
2008), p. 755.
8|Page ILOANDITSROLEININDUSTRIALRELATIONS
meeting, wanting the Central Powers delegates in a subservient role as an admission of guilt for their
countries' role in the bringing about war. Instead, Gompers favoured a meeting in Paris which would
only consider President Woodrow Wilson's Fourteen Points as a platform. Despite the American
boycott, the Bern meeting went ahead as scheduled. In its final report, the Bern Conference
demanded an end to wage labour and the establishment of socialism. If these ends could not be
immediately achieved, then an international body attached to the League of Nations should enact and
enforce legislation to protect workers and trade unions.6
Meanwhile, the Paris Peace Conference sought to dampen public support for communism.
Subsequently, the Allied Powers agreed that clauses should be inserted into the emerging peace
treaty protecting labour unions and workers' rights, and that an international labour body be
established to help guide international labour relations in the future. The advisory Commission on
International Labour Legislation was established by the Peace Conference to draft these proposals.
The Commission met for the first time on 1 February 1919, and Gompers was elected chairman.
Two competing proposals for an international body emerged during the Commission's meetings. 7
The British proposed establishing an international parliament to enact labour laws which each
member of the League would be required to implement. Each nation would have two delegates to the
parliament, one each from labour and management. An international labour office would collect
statistics on labour issues and enforce the new international laws. Philosophically opposed to the
concept of an international parliament and convinced that international standards would lower the
few protections achieved in the United States, Gompers proposed that the international labour body
be authorized only to make recommendations, and that enforcement be left up to the League of
Nations. Despite vigorous opposition from the British, the American proposal was adopted.
Gompers also set the agenda for the draft charter protecting workers' rights. The Americans made 10
proposals. Three were adopted without change: That labour should not be treated as a commodity;
that all workers had the right to a wage sufficient to live on; and that women should receive equal
pay for equal work. A proposal protecting the freedom of speech, press, assembly, and association
was amended to include only freedom of association. A proposed ban on the international shipment
of goods made by children under the age of 16 was amended to ban goods made by children under
the age of 14.8 A proposal to require an eight-hour work day was amended to require the eight-hour
work day or the 40-hour work week (an exception was made for countries where productivity was
low). Four other American proposals were rejected. Meanwhile, international delegates proposed

6
Ibid.
7
S.R.Samant, Industrial jurisprudence-A Treatise on the Theory and Practice of Industrial Law with Special Reference to
India, (Bombay: N M Tripathi Private Ltd., 1961), p. 48.
8
Sankaran Kamala, Freedom of Association in India and Labour Standards, (Nagpur: Lexis Nexis Butterworths
Wadhwa,, 2009), p.l.
9|Page ILOANDITSROLEININDUSTRIALRELATIONS
three additional clauses, which were adopted: One or more days for weekly rest; equality of laws for
foreign workers; and regular and frequent inspection of factory conditions.
The Commission issued its final report on 4 March 1919, and the Peace Conference adopted it
without amendment on 11 April. The report became Part XIII of the Treaty of Versailles.

The first annual conference, referred to as the International Labour Conference (ILC), began on 29
October 1919 at the Pan American Union Building in Washington, D.C. and adopted the first six
International Labour Conventions, which dealt with hours of work in industry, unemployment,
maternity protection, night work for women, minimum age, and night work for young persons in
industry.The prominent French socialist Albert Thomas became its first director-general.9
Despite open disappointment and sharp critique, the revived International Federation of Trade
Unions (IFTU) quickly adapted itself to this mechanism. The IFTU increasingly oriented its
international activities around the lobby work of the ILO.
At the time of establishment, the U.S. government was not a member of ILO, as the US Senate
rejected the covenant of the League of Nations, and the United States could not join any of its
agencies. Following the election of Franklin Delano Roosevelt to the U.S. presidency, the new
administration made renewed efforts to join the ILO without league membership. On 19 June, 1934,
the U.S. Congress passed a joint resolution authorizing the president to join ILO without joining the
League of Nations as a whole. On 22 June, 1934, the ILO adopted a resolution inviting the U.S.
government to join the organization. On 20 August, 1934, the U.S. government responded positively
and took its seat at the ILO.10
During the Second World War, when Switzerland was surrounded by German troops, ILO director
John G. Winant made the decision to leave Geneva. In August 1940, the government of Canada
officially invited the ILO to be housed at McGill University in Montreal. Forty staff members were
transferred to the temporary offices and continued to work from McGill until 1948.
The ILO became the first specialized agency of the United Nations system after the demise of the
league in 1946. Its constitution, as amended, includes the Declaration of Philadelphia (1944) on the
aims and purposes of the organization.11
In July, 1970, the United States withdrew 50% of its financial support to the ILO following the
appointment of an assistant director-general from the Soviet Union. This appointment (by the ILO's
British director-general, C. Wilfred Jenks) drew particular criticism from AFL–CIO president
George Meany and from Congressman John E. Rooney. However, the funds were eventually paid.
On 12 June, 1975, the ILO voted to grant the Palestinian Liberation Organization observer status at
its meetings. Representatives of the United States and Israel walked out of the meeting. The U.S.
9
Preetha Joshi, International Labour Organisation and its Impact on India, (Delhi: B R Publishing Corporation,1985), p.9.
10
Ibid.
11
Johnston G. A., The International Labour Organisation, (London: Europe Publications,1970), p.5.
10 | P a g e ILOANDITSROLEININDUSTRIALRELATIONS
House of Representatives subsequently decided to withhold funds. The United States gave notice of
full withdrawal on 6 November, 1975, stating that the organization had become politicized. The
United States also suggested that representation from communist countries was not truly
"tripartite"—including government, workers, and employers—because of the structure of these
economies. The withdrawal became effective on 1 November, 1977.12

The United States returned to the organization in 1980 after extracting some concessions from the
organization. It was partly responsible for the ILO's shift away from a human rights approach and
towards support for the Washington Consensus. Economist Guy Standing wrote "the ILO quietly
ceased to be an international body attempting to redress structural inequality and became one
promoting employment equity".13

12
S.N.Dhyani, International Labour Organisation and India, (New Delhi: National Publishing House, 1977), p. 5.
13
Khan Ahmedullha, Commentary on the International Labour Organisation and the Indian Response, (Hyderabad: Asia
Law House, 2005), p. 4.
11 | P a g e ILOANDITSROLEININDUSTRIALRELATIONS
(7.) FEATURES AND ROLE OF ILO

Unlike other United Nations specialised agencies, the International Labour Organisation has a
tripartite governing structure – representing governments, employers, and workers (usually with a
ratio of 2:1:1).The rationale behind the tripartite structure is the creation of free and open debate
among governments and social partners.

Governing Body
The governing body decides the agenda of the International Labour Conference, adopts the draft
programme and budget of the organization for submission to the conference, elects the director-
general, requests information from member states concerning labour matters, appoints commissions
of inquiry and supervises the work of the International Labour Office.14
Juan Somavía was the ILO's director-general from 1999 until October 2012, when Guy Ryder was
elected as his replacement.
This governing body is composed of 48 government representatives, 14 workers' representatives, and
14 employers' representatives.
Ten of the government seats are held by member states that are nations of "chief industrial
importance", as first considered by an "impartial committee". The nations are Brazil, China, France,
Germany, India, Italy, Japan, the Russian Federation, the United Kingdom and the United States.[5]
The terms of office are three years.15

Conventions
Through July 2011, the ILO had adopted 189 conventions. If these conventions are ratified
by enough governments, they become in force. However, ILO conventions are considered
international labour standards regardless of ratification. When a convention comes into force,
it creates a legal obligation for ratifying nations to apply its provisions.16
Every year the International Labour Conference's Committee on the Application of Standards
examines a number of alleged breaches of international labour standards. Governments are
required to submit reports detailing their compliance with the obligations of the conventions
they have ratified. Conventions that have not been ratified by member states have the same
legal force as recommendations. The ILO asserts that its members have an obligation to work
14
India and International Labour Organisation - Fifty Years in Retrospect (Government of India, Department of Labour
and Employment, 1969) p. 68
15
Ibid.
16
A.M.Srma, Industrial Jurisprudence and Labour Legislation, (Bombay: Himalaya Publishing House, 1996), p.45.
12 | P a g e ILOANDITSROLEININDUSTRIALRELATIONS
towards fully respecting these principles, embodied in relevant ILO conventions. The ILO
conventions which embody the fundamental principles have now been ratified by most
member states.

Membership
ILO member states
As of April 2016, the ILO has 187 state members. 186 of the 193 member states of the
United Nations plus the Cook Islands are members of the ILO. The UN member states which
are not members of the ILO are Andorra, Bhutan, Liechtenstein, Micronesia, Monaco, Nauru,
and North Korea.
The ILO constitution permits any member of the UN to become a member of the ILO. To
gain membership, a nation must inform the director-general that it accepts all the obligations
of the ILO constitution. Other states can be admitted by a two-thirds vote of all delegates,
including a two-thirds vote of government delegates, at any ILO General Conference. The
Cook Islands, a non-UN state, joined in June 2015.17
Members of the ILO under the League of Nations automatically became members when the
organisation's new constitution came into effect after World War II.

Aims Of International Labour Organisation

The principle aim of the I.L.O is the welfare of labour as reaffirmed by the
PhiladelphiaConference of 1944 under the Philadelphia Declaration, on which the I.L.O. is
based.18

(a) Labour is not a commodity;

(b) Freedom of expression and of association are essential to sustained progress;
(c) Poverty anywhere constitutes danger to prosperity everywhere; and
(d) The war against want requires to be carried on with unrelenting vigour within each
nation, and by continuous and concerted international effort in which the representatives of
workers and employers, employing equal status with those of governments, join with them in
free discussion and democratic decision with a view to the promotion of the common
welfare.

17
G.M.Kothari, A Study of Industrial Law, (Nagpur: Wadhwa and Company, 2000), p. 6.
18
Ibid.
13 | P a g e ILOANDITSROLEININDUSTRIALRELATIONS
The Objectives of ILO
The objectives of the I.L.O are enunciated in the preamble to its Constitution, supplemented
by Article 427 of the Peace Treaty of Versailles, 1919; as well as by the Philadelphia
Declaration of 1944.19
The Declaration of Philadelphia set for 10 objectives, which the International Labour
Organisation was to further promote among the Nations of the world. The theme underlying
these objectives is social justice. The objectives are as follows :
(a) Full employment and the revising of standards of living,
(b) The employment of workers in the occupation in which they can have the satisfaction of
giving the fullest measure of their skill and make their contribution to the common well
being,
(c) The provision, as means to the attainment of this end, and under adequate guarantees for
all concerned, of facilities for training and the transfer of labour, including migration for
employment and settlement.
(d) Policies in regard to wages and earning forms and other conditions of work. Calculate to
ensure a just share of the fruits of progress to all, and a minimum living wage to all employed
and in need of protection.
(e) The effective recognition of the right of collective bargaining, the co-operation of
management and labour in the continuous improvement of productive efficiency and the
collaboration of workers and employers in social and economic measures,
(f) The extension of social security measures to provide a basic income to all in need of such
protection and comprehensive medical care,
(g) Adequate protection for the life and health of workers in all occupations,
(h) Provision for child welfare and maternity protection.

Labour Statistics
The ILO is a major provider of labour statistics. Labour statistics are an important tool for its
member states to monitor their progress toward improving labour standards. As part of their
statistical work, ILO maintains several databases. This database covers 11 major data series

19
International Labour Organisation, Rules of the Game: A Brief Introduction to International Labour Standards, 2009, p.
14.
14 | P a g e ILOANDITSROLEININDUSTRIALRELATIONS
for over 200 countries. In addition, ILO publishes a number of compilations of labour
statistics, such as the Key Indicators of Labour Markets (KILM). KILM covers 20 main
indicators on labour participation rates, employment, unemployment, educational attainment,
labour cost, and economic performance. Many of these indicators have been prepared by
other organizations. For example, the Division of International Labour Comparisons of the
U.S. Bureau of Labor Statistics prepares the hourly compensation in manufacturing indicator.
The U.S. Department of Labor also publishes a yearly report containing a List of Goods
Produced by Child Labor or Forced Labor issued by the Bureau of International Labor
Affairs. The December 2014 updated edition of the report listed a total of 74 countries and
136 goods.20

Child Labour
The term child labour is often defined as work that deprives children of their childhood,
potential, dignity, and is harmful to their physical and mental development.
Child labour refers to work that is mentally, physically, socially or morally dangerous and
harmful to children. Further, it can involve interfering with their schooling by depriving them
of the opportunity to attend school, obliging them to leave school prematurely, or requiring
them to attempt to combine school attendance with excessively long and heavy work21.
In its most extreme forms, child labour involves children being enslaved, separated from
their families, exposed to serious hazards and illnesses and left to fend for themselves on the
streets of large cities – often at a very early age. Whether or not particular forms of "work"
can be called child labour depends on the child's age, the type and hours of work performed,
the conditions under which it is performed and the objectives pursued by individual
countries. The answer varies from country to country, as well as among sectors within
countries.22

Forced Labour
The ILO has considered the fight against forced labour to be one of its main priorities.
During the interwar years, the issue was mainly considered a colonial phenomenon, and the
ILO's concern was to establish minimum standards protecting the inhabitants of colonies

20
S.N.Dhyani, International Labour Organisation and India, (New Delhi: National Publishing House, 1977), p. 166.
21
Ibid.
22
Rules of the Game- A Brief Introduction to International Labour Standards, (Geneva: International Labour
Organization 2009), p. 50.
15 | P a g e ILOANDITSROLEININDUSTRIALRELATIONS
from the worst abuses committed by economic interests. After 1945, the goal became to set a
uniform and universal standard, determined by the higher awareness gained during World
War II of politically and economically motivated systems of forced labour, but debates were
hampered by the Cold War and by exemptions claimed by colonial powers. Since the 1960s,
declarations of labour standards as a component of human rights have been weakened by
government of postcolonial countries claiming a need to exercise extraordinary powers over
labour in their role as emergency regimes promoting rapid economic development.23
In June 1998 the International Labour Conference adopted a Declaration on Fundamental
Principles and Rights at Work and its follow-up that obligates member states to respect,
promote and realize freedom of association and the right to collective bargaining, the
elimination of all forms of forced or compulsory labour, the effective abolition of child
labour, and the elimination of discrimination in respect of employment and occupation.

With the adoption of the declaration, the ILO created the InFocus Programme on Promoting
the Declaration which is responsible for the reporting processes and technical cooperation
activities associated with the declaration; and it carries out awareness raising, advocacy and
knowledge functions.
In November 2001, following the publication of the InFocus Programme's first global report
on forced labour, the ILO's governing body created a special action programme to combat
forced labour (SAP-FL), as part of broader efforts to promote the 1998 Declaration on
Fundamental Principles and Rights at Work and its follow-up.24
Since its inception, the SAP-FL has focused on raising global awareness of forced labour in
its different forms, and mobilizing action against its manifestation. Several thematic and
country-specific studies and surveys have since been undertaken, on such diverse aspects of
forced labour as bonded labour, human trafficking, forced domestic work, rural servitude,
and forced prison labour.

23
Lord Wdderbum, The Worker and the Law, (London: Sweet and Maxwell Publications, 1986), p.172.
24
Dr. N Maheshwar Swamy, Impact of ILO Standards on Indian Labour Law, (Hyderabad: Asia Law House Publications,
2007), p. 101.
16 | P a g e ILOANDITSROLEININDUSTRIALRELATIONS
8. Relationship between India and ILO.
India became the member of the I.L.O in the year 1919 which is from its inception. Though
India had was not won independence by that year i.e. 1919, it was admitted to the
membership of the I.L.O. However its membership, of the League of Nations and the I.L.O
had not gone unchallenged.
For it was argued that it wo25uld give an additional vote to the United Kingdom. The British
Government gave an assurance that British India was democratically administered and upon
this India along with China, Iran, Japan and Thailand were few Asian countries to be
admitted to the I.L.O membership of the 24 States. Out of 40 States represented, India was
one which sent a full delegation to the first session of the International Labour Conference
held in the year 1919 at Washington.
It is to be mentioned here that the Indian delegation comprised of Government
representatives, Sir Atul Chaterjee, and Sir Louis ker Sha. employers delegate Sir Alexander
Murry, and working delegate Sri.N.M.Joshi. Thus Indian Membership of the League of
Nations and the International Labour Organisation was indeed a first step in elevating the
status of assemblies in the states inspite of being a British Colony.
The I.L.O and India have common aims, goals and destiny, for, both of them are committed
to world peace freedom and social justice. Both are striving for the socio economic
betterment of the long suffering, long forgotten people, the people who are underprivileged
and under nourished with the fullest realization that any further delay would fatal for
themselves and the whole world.26

The I.L.O Conventions and Recommendations have been greatly honoured by the working
class all over the world for their beneficering humanitarian and missionary zeal. These I.L.O
standards are considered the embodiment of social justice by the underprivileged, a magna
carta of their liberty and proclamation of their freedom and dignity against tyranny,
whether social or economic or political.27
It can be mentioned here that the I.L.O standards have been ratified by all the countries
irrespective of their political complexions or economic development and also varying forms

25
N Vidyanathan, ILO Conventions and India, (Calcutta: Minerva Associates Publications,1975), pp.96-97
26
Ibid.
27
N.Vidyanathan, ILO Standards for Social Justice and Development of Labour, (New Delhi: Deep and Deep Publications,
1992), p.92.
17 | P a g e ILOANDITSROLEININDUSTRIALRELATIONS
and number depending upon many factors. India is also greatly benefited by the I.L.O
standards for the welfare of the workers.

There is a detailed procedure for ratification of the Conventions and Recommendations and
the Conventions analogues to International Treaties with required ratification by competent
authority within a period of 18 months at the latest from the closing session of the
conference. The time limit is intended to induce quicker action by the members‘ state. In
India the treaty making power is regarded as ‗Executive Act‘ with in the competency of the
Government of India.
However the power to exact implementation of legislation lies in hands of Parliament, in
contrast to the situation obtaining in the U.S.A., Canada and Australia.
Article 253 of the Indian Constitution expressly provides that ―notwithstanding anything in
the foregoing provisions of this chapter. Parliament has power to make any law for the whole
or any part of the territory of India for implementing any treaty, agreement or convention
with any other decisions made at any international conference association
or other body‖.28
According the scope of implementing legislation in India not limited to subjects with in the
legislative jurisdiction of the union parliament.
Therefore the making of the treaty in India is unlimited. As regards the subject matter
perhaps the only limitation is that legislation to give effect to treaties and agreements or
decision cannot be violate the fundamental rights mentioned in part III of the Constitution of
India.
Under Article 13 of the Constitution, any law which violates rights guaranteed under part-III
of the Constitution of India is void to the extent of repugnancy29.
In other words, there are no constitutional limitations upon the powers of the Union
Government to enter into treaties with other States or international organizations except those
provided in part III of the constitution.30
The treaty enables the parliament to override the federal distribution of the powers under the
Constitution of India. This concept has been borrowed from the American constitution. The
scope of the treaty power was considered by the Supreme Court of the United States.3

28
G.M.Kothari, A Study of Industrial Law, (Nagpur: Wadhwa and Company, 2000), p. 6.
29
Ibid.
30
A.M.Srma, Industrial Jurisprudence and Labour Legislation, (Bombay: Himalaya Publishing House, 1996), p.45.
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The United States and the United Kingdom entered into a treaty in 1916 for the protection of
migratory bird, which in their annual migrations traversed certain parts of the United States
and Canada. Pursuant to this treaty to give effect to its provisions the Migratory Birds Treaty
Act of 1918 was passed in the United States. It prohibited the killing, capturing or selling of
any migratory birds including in the terms of the treaty. Therefore such procedure will have
to be followed in the case of International Labour Standards for incorporation in the
respective legislations.31
The Director General of International Labour Office is obliged by Article 19 (4) of the I.L.O
constitution to send certified copy of the Convention or Recommendation to each of the
members. After the receipt of the certified copy the Central Government circulate the same to
all the State Governments, Concerned Ministries of the Government of India and also to the
employers‘ organizations and workers organizations inviting their observations, and
suggestions with regard to the desirability or other wise of giving effect to those Conventions
or Recommendations. After taking into consideration the views expressed, the central
government prepares a statement on action proposal which is placed before the parliament
where the statement will be discussed and considered.
The copies of the statements are thereafter forwarded to the I.L.O and to the state
governments, and employers and workers organizations. It is there mentioned that in the
process of any ratification or recommendation the tripartiate consultation is very essential.32

3131
India and International Labour Organisation - Fifty Years in Retrospect (Government of India, Department of Labour
and Employment, 1969) p. 68
32
Khan Ahmedullha, Commentary on the International Labour Organisation and the Indian Response, (Hyderabad: Asia
Law House, 2005), p. 4.
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9. CONCLUSION AND SUGGESTIONS

International Labour Organization (ILO), specialized agency of the United Nations (UN) dedicated
to improving labour conditions and living standards throughout the world. Established in 1919 by the
Treaty of Versailles as an affiliated agency of the League of Nations, the ILO became the first
affiliated specialized agency of the United Nations in 1946. In recognition of its activities, the ILO
was awarded the Nobel Prize for Peace in 1969.

The functions of the ILO include the development and promotion of standards for national legislation
to protect and improve working conditions and standards of living. The ILO also provides technical
assistance in social policy and administration and in workforce training; fosters cooperative
organizations and rural industries; compiles labour statistics and conducts research on the social
problems of international competition, unemployment and underemployment, labour and industrial
relations, and technological change (including automation); and helps to protect the rights of
international migrants and organized labour.

In its first decade the ILO was primarily concerned with legislative and research efforts, with
defining and promoting proper minimum standards of labour legislation for adoption by member
states, and with arranging for collaboration among workers, employers, government delegates, and
ILO professional staff. During the worldwide economic depression of the 1930s the ILO sought
ways to combat widespread unemployment. With the postwar breakup of the European colonial
empires and the expansion of ILO membership to include poorer and less developed countries, the
ILO addressed itself to new issues, including the social problems created by the liberalization of
international trade, the problem of child labour, and the relationship between working conditions and
the environment.

Among intergovernmental organizations the ILO is unique in that its approximately 175 member
states are represented not only by delegates of their governments but also by delegates of those
states‘ employers and workers, especially trade unions. National representatives meet annually at the
International Labour Conference. The ILO‘s executive authority is vested in a 56-member Governing
Body, which is elected by the Conference. The International Labour Office in Geneva, Switzerland,
composed of the permanent Secretariat and professional staff, handles day-to-day operations under
the supervision of an appointed director general. The ILO has international civil servants and
technical-assistance experts working in countries throughout the world. Among the ILO‘s many
publications are the International Labour Review and the Year Book of Labour Statistics.

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BIBLIOGRAPHY

BOOKS

(i) Dr. N.Swamy Maheshwara, Impact of ILO standards on Indian Labour Law, (Hyderabad: Asia
Law Book House, 2007).
(ii) Wilfred C Jenks, Human Rights and International Labour Standards, London, 1960.
(iii) G. Ramanujam, Indian Labour Movement, (New Delhi: Sterling Publishers Private Limited,
1990).
(iv) Mamoria, Mamoria, Gankar, Dynamics of Industrial Relations, (Mumbai: Himalaya Publishing
House Private Ltd., 2008).
(v) S.R.Samant, Industrial jurisprudence-A Treatise on the Theory and Practice of Industrial Law
with Special Reference to India, (Bombay: N M Tripathi Private Ltd., 1961).

WEBSITES

(i) https://www.britannica.com/topic/International-Labour-Organization

(ii) https://en.wikipedia.org/wiki/International_Labour_Organization

(iii) https://www.lawteacher.net/free-law-essays/employment-law/international-labour-
organisation.php

(iv) https://www.tandfonline.com/doi/abs/10.1080/07075332.2013.781381?journalCode=rinh20

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