CONTINUOUS INTERNAL ASSESSMENT 1

(CIA – 1)
SUBJECT – LABOUR AND INDUSTRIAL LAWS
SUBJECT CODE – BAL 565
FACULTY – DR. KAJORI BHATNAGAR
DATE OF SUBMISSION – 19TH OF AUGUST, 2021

SUBMITTED BY – V. NITYANAND
CLASS – 5 BA LLB ‘A’
ROLL NUMBER - 1950137
5 MARKERS

QUESTION 1 - The creation and expansion of labour laws and labour regulations in the
interest of employees is emphasised by ‘industrial jurisprudence.' Discuss.
ANSWER 2 –

Industrial Jurisprudence has witnessed a surge in the early part of the 20 th Century due to the
enactment of labour legislation in the pre- and post-independence eras and labour law cases
being taken up by domestic courts.

Since Contractual based employment and servant master relationships have only increased
the number of disputes in the employment setting, Industrialization as a national phenomenon
came into being.

The individual contract system with employers was replaced with the standard form of
statutory contracts that were amenable to judicial interpretation. The traditional idea of
employers hiring and firing employees at their will was subjected to restrains. The industrials
tribunals now started interpreting labour contracts and made obligations which made binding
on the employers even though it wasn’t a part of the initial contract formed This shows the
growth of industrial jurisprudence as the idea of some novel authority making contracts for
workmen and employers became popular.

Traditionally speaking, masters were the ones who undertook expenditures while the workers
as the name suggests used to work. At present, these terms were replaced by employee and
employer, with the former’s rights being protected by Indian legislations.

With that being said, industrialization has also given rise to social issues like child labour and
sanitary concerns. Article 24 of the Indian Constitution states that a child who has not
attained the age of 14 years old must not be employed in hazardous environments.

The rise of Industrialization and Capitalism is characterized by the following features.

 Right of the working class to form associations and unions

 Their right to bargain for collective service
 Shift from lassis faire of the welfare state
 State is no longer a neutral entity but should endure the welfare of workers
 Tripartite consultations are taken before implementing any policies ex: If a factory wants
to change their work timings they can do so after consulting the laborers
 Minimum standard must be guaranteed through legislations

QUESTION 3 - Briefly examine the topic of collective bargaining.

ANSWER 3 –
Collective Bargaining is a mechanism established to resolve disputes pertaining to
employment in a cordial and efficient manner. The mechanism is voluntary in nature and
requires cooperation from various labour unions and managements.
 To understand the concept of collective bargaining, we have to acquaint ourselves with
various labour legislations in the Indian legal landscape.
 The Factories Act of 1948 – This act is aimed at safeguarding the health and social welfare of
workers employed in factories. However, this act is not applicable to all factories at all times.
The provision for availing restroom facilities is restricted to employment setting with more
than 150 labours, while the provision for availing canteen facilities is restricted to
employment settings with more than 250 labours and medical benefits require more than 500
labours.
 The Employees Provident and Miscellaneous Provisions Act, Maternity Benefit Act and
Payment of Gratuity Act are only applicable to institutions with more than 10 employed
labours.
 The Employees State Insurance Act is applicable to institutions with more than 20 employed
labours
 The Minimum Wages Act applies to all kinds of employment settings regardless of the
worker count
 The Payment of Wages Act is applicable to institutions with more than 10 employed labours.
Furthermore, labours earning more than Rs. 1600/- a month cannot avail the benefits
From this, it can be inferred that a very minute proportion of the workforce is being
benefitted by labour legislations. The institution of Collective Bargaining is not ratified by
the International Labour Organisation Convention – 87 and 98
The ambit of collective bargaining is very limited under the Trade Union Act, Industrial
Dispute Act and so on. Dispute the steady increase in labour related disputes in India, the
Right to Strike is not recognised as a Fundamental Right under the Indian Constitution. It is
only deemed to be a legal right under the Industrial Disputes Act.
While collective bargaining continues to be largely decentralised, recent trends have made it
clear that certain sectors exist where Industry Level bargaining is dominant as opposes to unit
level or company level. But these trends also face opposition from corporate forces which
seek to privatise sectors which were once public.

QUESTION 4 Explain in brief the constitutional provisions that uphold the labour rights
in India.
ANSWER 4 –
Part 3 of the Indian Constitution of India laws down the provisions for labour laws in India.
Article 12 to 35 of the Indian Constitution includes equality before the law regardless of a
person’s sex, caste, creed, etc.
 Article 14 of the Indian Constitution stipulates the individuals should receive equal pay for
equal work. This stance is substantiated by the case of Randhir Singh vs the Union of India
 Article 19 of the Indian Constitutions bestows the right to form trade unions and fight
exploitation of workers
 Article 23 of the Indian Constitutions bestows the right against forced labour. It exists in
close association with the Bonded Labour Abolition Act of 1976
 Article 24 of the Indian Constitution is vehemently against child labour. A child who hasn’t
attained the age of 14 cannot be employed in hazardous industries.
 Article 39 A encourages states to provide means to citizens for having adequate livelihood.
 Article 39 D encourages states to ensure gender equality and equal pay in the field of
employment
 Article 41 of the Indian Constitution, ensures citizens the Right to Work.
 Article 42 encourages states to provide suitable work conditions
 Article 43 encourages to states to provided the bare necessities of life.
It was also held in Balakotaiah v. UOI based on this we see many labour unions in the
country ex: Bharatiya Mazdoor Sangh, and All India Trade Union congress
Article 21 desks with righto life and Supreme Court has opined that righto life includes right
to livelihood. In DK Yadav v. MA Industries, it was held that terminations a person
employment without being provided a chance to be heard violates article 21 of the
constitution
Art 23 prohibits forced labour and trafficking. This will ensure there is no bonded labour or
beggar
Art 24 prohibits child labour. In Mc Mehta v. state of TN, the court has laid out guidelines
that state governments must follow to prohibit child labour

FILL IN THE BLANKS

Organisation was one of the first organisations to deal with labour issues. (Mention the
Organisation)

ANSWER 1 - International Labour Organization (ILO), Constitution of The International

Labour Organisation (ILO), 1919

Public Utility Services are listed under which schedule of Industrial Disputes Act, 1947?

ANSWER 2 - Schedule I of Industrial Disputes Act 1947

The two tests elaborated by Bangalore water supply case were: 

ANSWER 3 - The Bangalore Water Supply versus R. Rajappa - AIR 1978 SC 548

TRIPLE TEST - To examine the ambit of the term ‘Industry’

DOMINANT NATURE TEST - Nature of industrial activities are taken into consideration.

The ILO was established as an agency of the League of Nations following the Treaty which
ended World War I. (Mention the treaty name)

ANSWER 4 - TREATY OF VERSAILLES, 1919

REFERENCES -
1. The Factories Act, 1948
2. Trade Dispute Act, 1929
3. International Labour Organization (ILO), Constitution of The International Labour
Organisation (ILO), 1919
4. Protection Of Wages Convention,1949
5. Minimum Wages Act,1948
6. Shops And Establishments Acts
7. The Trade Unions Act, 1926
8. The Industrial Disputes Act,1947
9. The Constitution of India, 1950