03 - Chapter 1

CHAPTER – 1
INTRODUCTION
1.1. Introduction
The progress and prosperity of a country depends on industrialization. India has been
experiencing fast industrial growth and is able to compete in the international market
in all fields. Harmonious relations in every sphere of human activity are essential for
the socio, economic, and political progress. But increasing complexity of the modern
industrial system has tended constantly to widen the gap between those who own and
manage the industry and those who work for it. This gap gives rise to conflict in
Labour-Management Relations, resulting in the fall in production and hardship to the
community1.
The conflict between the employers and the employees is inherent in the industrial
society. Worker’s efforts to achieve higher wages and other economic benefits,
security of employment, greater freedom and dignity at the workplace have always
been viewed with suspicious attitude by the employers and have been resisted by
them as encroachments upon their profitability, their freedom to ‘hire and fire’ and
control the operation of their enterprises. That is what the labour is always about and
that is what a great deal of politics is always about 2. To enhance and improve the
conditions of labour, an International Organisation came into existence in the year
1919 i.e. called International Labour Organisation.
1.2 International Labour Organisation (ILO)
International Labour Organisation (ILO) is the only tripartite United Nations Agency
since 1919 that brings together Governments, Employers and Workers to set Labour
Standards, develop policies and devise programmes promoting decent work for all
women and men 3 . The ILO celebrates its 100th anniversary in 2019 and the
Organization has played a role at key historical junctures – the Great Depression,
1
P.K. Padhi, Labour and Industrial Laws xxix (Prentice Hall of India Private Limited, New Delhi, 2nd
edn., 2011)
2
Ibid.
3
International Labour Organization, available at: https://www.ilo.org/global/about-the-ilo/lang--
en/index.htm (last visited on January 1, 2019)
1
decolonization, today in the building of an ethical and productive framework for a
Fair Globalization4.
The unique tripartite structure of the ILO gives an equal voice to Workers, Employers
and Governments to ensure that the views of the social partners are closely reflected
in labour standards and in shaping policies and programmes and the main aims of the
ILO are to promote rights at work, encourage decent employment opportunities,
enhance social protection and strengthen dialogue on work-related issues5.
1.2.1 International Labour Standards (ILS)
The International Labour Standards (ILS) are in the form of conventions and
protocols set by ILO aimed at promoting opportunities both for men & women to
achieve productive & decent work, with freedom, security, equality and dignity. The
International Labour Standards policy formulated to strengthen the supervisory
system, develop greater visibility of Labour Standards, use of capacity building
techniques for better performance 6.
The International Labour Organisation has set International Labour Standards for the
purpose of promoting opportunities both for men & women to achieve productive &
decent work, with freedom, security, equality and dignity 7.
There are International Labour Standards in the form of Conventions which are
directly and indirectly related to Construction Industry. Some of these conventions are
ratified by India and others are not. The conventions mentioned below are instruments
for decent and productive work in every employment sector.
1.2.2 Conventions Directly Related to Construction Industry are:
Safety and Health in Construction Convention, 1988 (No. 167) is directly related
to Construction Industry.
4
International Labour Organization, available at: www.ilo.org/global/about-the-ilo/history/lang--
en/index.htm (last visited on January 1, 2019)
5
International Labour Organization, available at: www.ilo.org/global/about-the-ilo/lang--en/index.htm
(last visited on January 1, 2019)
6
International Labour Organization, available at: https://www.ilo.org/global/standards/introduction-to-
international-labour-standards/lang--en/index.htm (last visited on January 1, 2019)
7
Ibid.
2
A. Safety and Health in Construction Convention, 1988 (No. 167)
The Convention concerning Safety and Health in Construction came into force on 11th
January 1991. The General Conference of the ILO organized by the Governing Body
of the International Labour Office at Geneva decided for adopting proposals relevant
specially with safety and health in construction convention. The proposals shall take
the form of an International Convention8. The convention is related to ensuring safety
and health in construction sector. The convention applies to all construction activities,
namely building, civil engineering, and erection and dismantling work, including any
process, operation or transport on a construction site, from the preparation of the site
to the completion of the project 9. This convention is not ratified by India.
1.2.3 Conventions Indirectly Related to Construction Industry are mentioned

below:
A. Hours of Work (Industry) Convention, 1919 (No. 1)

B. Minimum Wage – Fixing Machinery Convention, 1928 (No. 26)
C. Protection of Wages Convention, 1949 (No. 95)
D. Equal Remuneration Convention, 1951 (No. 100)
E. Social Security (Minimum Standards) Convention, 1952 (No. 102)
F. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
G. Minimum Wage Fixing Convention, 1970 (No. 131)
H. Minimum Age Convention, 1973 (No. 138)
I. Human Resources Development Convention, 1975 (No. 142)
J. Occupational Safety and Health Convention, 1981 (No. 155)
K. Termination of Employment Convention, 1982 (No. 158)
L. Occupational Health Services Convention, 1985 (No. 161)
M. Night Work Convention, 1990 (No. 171)
N. Maternity Protection Convention, 2000 (No. 183)
O. Promotional Framework for Occupational Safety and Health Convention, 2006
(No. 187)
The above mentioned conventions are discussed in brief:

8
Safety and Health in Construction Convention, 1988, Preamble
9
International Labour Organization, available at: www.ilo.org/global/standards/subjects-covered-by-
international-labour-standards/occupational-safety-and-health/lang--en/index.htm (last visited on
February 2, 2019)
3
The Hours of Work (Industry) Convention, 191910 came into force on 13th June 1921.
This convention was ratified by India on 14th July 192111. The General Conference of
the ILO convened at Washington by the Government of the United States of America
on the 29th day of October 1919 and decided for adoption of proposal with regard to
the “application of the principle of the 8 hours day or of the 48-hours week”12.
B. Minimum Wages Fixing Machinery Convention, 1928 (No. 26)
The Minimum Wages Fixing Machinery Convention, 1928 came into force on 14th
June 1930. The same was ratified by India on 10th January 1955 13 . The General
Conference of the ILO convened at Geneva by the Governing Body of the
International Labour Office and decided for adoption of certain proposals with regard
to minimum wage fixing machinery. The proposal should take the form of an
international convention 14 . Each member of the ILO ratifying this convention
undertakes to create or maintain machinery whereby minimum rate of wages can be
fixed for workers employed in certain of the trades or parts of trades in which no
arrangements exists for the effective regulation of wages by collective agreement or
otherwise and wages are exceptionally low 15.
The Protection of Wages Convention, 1949 came into force on 24 th September 1952.
The General Conference of the ILO convened at Geneva by the Governing Body of
the International Labour Office decided for adoption of certain proposal concerned
with protection of wages. The proposal shall take the form of an International
Convention 16 . The term wages simply refers to earnings or say remuneration i.e.
expressed in monetary terms payable to an employed individual by an employer for
10
Hours of Work (Industry) Convention , 1919, Convention No. 1
11
Ministry of Labour & Employment, Government of India, available at:
https://labour.gov.in/lcandilasdivision/india-ilo (last visited on February 2, 2019)
12
Hours of Work (Industry) Convention, 1919, Preamble
13
14
Minimum Wage – Fixing Machinery Convention, 1928, Preamble
15
Minimum Wage – Fixing Machinery Convention, 1928, art. 1(1)
16
Protection of Wages Convention, 1949, Preamble
4
the work performed17. Wages shall be paid in legal tender at regular intervals; in cases
where partial payment of wages is in kind, the value of such allowances should be fair
and reasonable18.
The Equal Remuneration Convention, 195119 came into force on 23rd May 1953. The
General Conference convened at Geneva by the Governing Body had decided for
adoption of proposals with respect to the principle of equal remuneration for men and
women for equal value work20. It is determined that proposals adopted shall take the
form of an International Convention. The said convention was adopted at Geneva on
34th ILC session on 29th June 1951. The Indian Government had ratified this
convention on 25th September 195821. The term i.e. “equal remuneration for men and
women workers” for work of equal value denotes the rates/amount of remuneration to
be paid without any kind of discrimination on sex basis 22. Each member country shall
promote and ensure that workers will be paid equal remuneration to men and women
workers for doing same work23.
The convention concerning Minimum Standards of Social Security came into force on
27th April 1955. The General Conference of the ILO organized by the Governing
Body of the International Labour Office at Geneva decided for adopting proposals
relevant with minimum standards concerned with social security. The proposal shall
take the form of an International Convention24. This Convention sets out minimum
standard for the level of social security benefits and the conditions under which they
are granted. It covers the nine principal branches of social security, namely medical
care, sickness, unemployment, old age, employment injury, family, maternity,
17
Protection of Wages Convention, 1949, art. 1
18
International Labour Organization, available at: http://www.ilo.org/global/standards/subjects-
covered-by-international-labour-standards/wages/lang--en/index.htm (last visited on February 2, 2019)
19
International Labour Organization, available at:
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_CODE:C1
00:NO (last visited on February 2, 2019)
20
Equal Remuneration Convention, 1951, Preamble
21
22
Equal Remuneration Convention, 1951, art. 1
23
Equal Remuneration Convention, 1951, art. 2(1)
24
Social Security (Minimum Standards) Convention, 1952, Preamble
5
invalidity and survivor benefits. To ensure that it could be applied in all national
circumstances, the convention offers states the possibility of ratification by accepting
at least three of its nine branches and of subsequently accepting obligations under
other branches, thereby allowing them to progressively attain all the objectives set out
in the convention. The level of minimum benefits can be determined with reference to
the level of wages in the country concerned. Temporary exceptions may also be
envisaged for countries whose economy and medical facilities are insufficiently
developed, thereby enabling them to restrict the scope of the convention and the
coverage of the benefits provided 25.
F. Discrimination (Employment and Occupation) Convention, 1958

(No. 111)
The Discrimination (Employment and Occupation) Convention, 1958 26 came into

force w.e.f. 15th June 1960. It was adopted at Geneva (Headquarter of ILO) in 42 nd
ILC session on 25th June 1958. The General Conference convened at Geneva by the
Governing Body of the International Labour Office on 4th June 1958 and decided to
adopt proposals related to discrimination in the field of employment and occupation
and the proposal shall take the form of an international Convention 27 . India had
ratified this convention on dated 3rd June 196028.
The Declaration of Philadelphia asserts that all human beings have right to pursue for
their material well being and development in conditions of freedom & dignity of
economic security with equal opportunity without any discrimination of race, sex,
creed. The discrimination in any kind also leads to violation of rights enshrined in
UDHR29 i.e. Universal Declaration of Human Rights30.
25
covered-by-international-labour-standards/social-security/lang--en/index.htm (last visited on February
2, 2019)
26
International Labour Organization, available at:
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:::NO:12100:P12100_ILO_CODE:C1
11:NO (last visited on February 2, 2019)
27
Discrimination (Employment and Occupation) Convention, 1958, Preamble
28
https://labour.gov.in/lcandilasdivision/india-ilo (last visited on February, 2019)
29
Universal Declaration of Human Rights
Preamble provides that recognition of the inherent dignity and of the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice and peace in the world. It
is essential to promote the development of friendly relations between nations,
 All human beings are born free and equal in dignity and rights.
6
The Minimum Wage Fixing Convention, 1970 came into force on 29 th April 1972.
The General Conference of the ILO organized by the Governing Body of the
International Labour Office at Geneva decided for adopting proposals and considered
that time has come for adopting instrument complementing these Conventions and
providing protection to wage earners against unduly low wages & decided for
adoption of certain proposals with regard to minimum wage rate fixing machinery &
relevant issues & problems. The proposal shall take the form of an International
Convention 31 . Convention requires ratifying states to establish a minimum wage
fixing machinery capable of determining and periodically reviewing and adjusting
minimum wage rates having the force of law 32.
The Minimum Age Convention, 1973 came into force on 19 th June 1976. This
convention ratified by Indian Government on 13th June 2017 33 . The General
Conference of the ILO convened at Geneva decided to adopt certain proposal with
regard to minimum age for admission to employment. The aim of the Convention is
total abolition of child labour34.
 No distinction of any kind shall be made, such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status.
 Every human being has the right to life, liberty and security.
 No person shall be subjected to torture, cruelty or inhuman treatment.
 Every member of society has the right to social security benefits.
 Everyone has the right to work and to protection against unemployment.
 Everyone without any discrimination has the right to equal pay for equal work.
 Every individual person has the right to form and to join Trade Unions
 Everyone has the right to a standard of living adequate for the health and well-being of himself and
of his family.
 Every person has right to food, clothing, housing and medical care & facilities.
 Motherhood and childhood are entitled to special care and assistance.
 Everyone has the right to education.
30
Discrimination (Employment and Occupation) Convention, 1958, Preamble
31
Minimum Wage Fixing Convention, 1970, Preamble
32
international-labour-standards/wages/lang--en/index.htm (last visited on February 2, 2019)
33
34
Minimum Age Convention, 1973, Preamble
7
The Human Resources Development Convention, 1975 came into force on 19th July
1977. The General Conference of the ILO convened at Geneva by the Governing
Body decided for adoption of certain proposals with regard to human resources
development; vocational guidance and vocational training. The proposal shall take the
form of an international convention35. The convention was ratified by India on dated
25th March 200936. The convention requires member countries to adopt and develop
comprehensive and co-ordinated policies and programmes of vocational guidance and
vocational training, closely linked with employment, in particular through public
employment services37.
The Occupational Safety and Health Convention, 1981 came into force on 11 th August
1983. The General Conference of the ILO organized by the Governing Body of the
International Labour Office at Geneva decided for adopting proposals relevant with
safety, health besides working environment. The proposal ultimately shall take the
form of an International Convention 38 . The Convention applies to all branches of
economic activity 39 . The Convention applies to all workers in the branches of
economic activity covered40. The convention provides for the adoption of a coherent
national occupational safety and health policy, as well as action to be taken by
governments and within enterprises to promote occupational safety and health and to
improve working conditions. This policy shall be developed by taking into
consideration national conditions and practice. The Protocol calls for the
establishment and the periodic review of requirements and procedures for the
recording and notification of occupational accidents and diseases, and for the
publication of related annual statistics 41.
35
Human Resources Development Convention, 1975, Preamble
36
https://labour.gov.in/lcandilasdivision/india-ilo (visited on February 2, 2019)
37
Human Resources Development Convention, 1975, art. 1(1)
38
Occupational Safety and Health Convention, 1981, Preamble
39
Occupational Safety and Health Convention, 1981, art. 1
40
Occupational Safety and Health Convention, 1981, art. 2
41
international-labour-standards/occupational-safety-and-health/lang--en/index.htm (last visited on
February 2, 2019)
8
The Termination of Employment Convention, 1982 came into force on 23 rd
November 1985. The General Conference of the ILO organized by the Governing
Body of the International Labour Office at Geneva decided for adopting proposals
with regard to termination of services & employment at the initiative of the
employer 42. The Convention is applicable to all branches of economic activity and to
all employed persons 43 . The proposal shall take the form of an International
Convention. The instrument sets forth the principle that the employment of a worker
should not be terminated unless there is a valid reason for such termination connected
with the worker's capacity or conduct or based on the operational requirements of the
undertaking, establishment or service. Reasons for dismissal which shall be not be
considered valid include those based on union membership or participation in union
activities, filing of a complaint against an employer, race, colour, sex, marital status,
family responsibilities, pregnancy, religion, political opinion, national extraction or
social origin, temporary absence due to illness, or absence from work during
maternity leave. If an individual worker is dismissed, he or she shall have the right to
defend him or herself against any allegations. In cases of collective dismissals,
governments should aim at encouraging employers to consult workers' representatives
and to develop alternatives to mass lay-offs (such a hiring freezes or working time
reductions). The convention also covers matters related to severance pay, period of
notice, appeal procedures against dismissal, and unemployment insurance, and
advance warning to be given to authorities in cases of mass dismissals 44.
The Occupational Health Services Convention, 1985 came into force on 17 th February
1988. The General Conference of the ILO organized by the Governing Body of the
International Labour Office at Geneva and noted that protection of the worker against
sickness, injuries, diseases arising out his employment is one of the prime important
task under the Constitution of ILO and decided for the adoption of certain proposal
with regard to occupational health services. The proposal ultimately shall take the
42
Termination of Employment Convention, 1982, Preamble
43
Termination of Employment Convention, 1982, art. 2(1)
44
International Labour Organization, available at: https://www.ilo.org/global/standards/subjects-
covered-by-international-labour-standards/employment-security/lang--en/index.htm (last visited on
February 2, 2019)
9
45
form of an International Convention . This convention provides for the
establishment of enterprise-level occupational health services which are entrusted
with essentially preventive functions and which are responsible for advising the
employer, the workers and their representatives in the enterprise on maintaining a safe
and healthy working environment 46.
The Nigh Work Convention, 1990 came into force on 4 th January 1995. The General
Conference of the ILO organized by the Governing Body of the International Labour
Office at Geneva decided for adopting proposals with special regard to night work.
The proposal ultimately shall the form of an International Convention 47 . The
convention applies to all employed persons except employed in agriculture, fishing
and maritime transport48.
This instrument requires states to take measures required by the nature of night work
for the protection of night workers. Night work is defined as work performed during a
period of not less than seven consecutive hours, including the interval from midnight
to 05:00 A.M. Also requires alternatives to night work to be offered to women for
specified periods during and after pregnancy49.
The Maternity Protection Convention, 2000 came into force on 7 th February 2002.
The General Conference of the ILO organized by the Governing Body of the
International Labour Office at Geneva decided for adopting proposals with special
regard to Maternity Protections. The proposals accordingly shall take the form of an
International Conventions 50. The convention is applicable to all employed women,
including those in atypical forms of dependent work51. This convention is the most
45
Occupational Health Services Convention, 1985, Preamble
46
International Labour Organization, available at: www.ilo.org/global/standards/subjects-covered-
by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm (last visited on
February 2, 2019)
47
Night Work Convention, 1990, Preamble
48
Night Work Convention, 1990, art. 2
49
International Labour Organization, available at: https://www.ilo.org/global/standards/subjects-
covered-by-international-labour-standards/working-time/lang--en/index.htm (last visited on February 2,
2019)
50
Maternity Protection Convention, 2000, Preamble
51
Maternity Protection Convention, 2000, art. 2
10
up-to-date international labour standard on maternity protection, although the earlier
relevant instruments - the Maternity Protection Convention, 1919 (No. 3) , and
the Maternity Protection Convention (Revised), 1952 (No. 103) - are still in force for
countries in certain countries52.
Convention No. 183 provides for 14 weeks of maternity benefit to women to whom
the instrument applies. Women who are absent from work on maternity leave shall be
entitled to a cash benefit which ensures that they can maintain themselves and their
child in proper conditions of health and with a suitable standard of living and which
shall be no less than two-thirds of her previous earnings or a comparable amount. The
convention also requires ratifying states to take measures to ensure that a pregnant
woman or nursing mother is not obliged to perform work which has been determined
to be harmful to her health or that of her child, and provides for protection from
discrimination based on maternity. The standard also prohibits employers from
terminating woman’s employment during the pregnancy period or absence due to
maternity leave, or during a period following her return to work, except on grounds
unrelated to pregnancy, childbirth and its consequences, or nursing. Women returning
to work must be returned to the same position or an equivalent position paid at the
same rate. Also provides a woman having right for one or more than one daily breaks
period or a daily working hours reduction for the purpose of breastfeeding her child53.
O. Promotional Framework for Occupational Safety and Health Convention,

2006 (No. 187)
The Promotional Framework for Occupational Safety and Health Convention, 2006
came into force on 20th February 2009. The General Conference of the ILO organized
by the Governing Body of the International Labour Office at Geneva stressing the
importance regarding continuous promotion of a national preventive safety & health
culture decided for the adopting proposals with special regard to occupational safety
and occupational health. The proposals undoubtedly shall take the form of an
52
covered-by-international-labour-standards/maternity-protection/lang--en/index.htm (last visited on
February 2, 2019)
53
International Labour Organisation, available at: http://www.ilo.org/global/standards/subjects-
covered-by-international-labour-standards/maternity-protection/lang--en/index.htm (last visited on
February 2, 2019)
11
International Convention54. As an instrument setting out a promotional framework,
this Convention is designed to provide for coherent and systematic treatment of
occupational safety and health issues and to promote recognition of existing
Conventions on occupational safety and health. The Convention is aimed at
establishing and implementing coherent national policies on occupational safety and
health through dialogue between government, worker’s and employer’s organizations
and to promote a national preventive safety and health culture 55.
1.2.4 Conventions Ratified by India are Listed Below:

C. Equal Remuneration Convention, 1951 (No. 100)
D. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
E. Minimum Age Convention, 1973 (No. 138)
F. Human Resources Development Convention, 1975 (No. 142)
1.3 Construction Industry in India
The construction industry in India is the second largest industry after agriculture. It
accounts for about 11% of India as GDP. It makes significant contribution to the
national economy and provides employment to large number of people. The segments
in the construction industry are like real estate construction, which includes residential
and commercial building construction; infrastructure building, which includes roads,
railways, power, dams, bridges etc; and industrial construction that consists of oil and
gas refineries, pipelines, textiles etc.56
Construction industry, with its backward and forward linkages with various other
industries like cement, steel, iron, sand, bricks etc. catalyses employment generation
in the country. Infrastructure segments involve construction projects in different
sectors like roads, railways, ports, irrigation, power etc. Real estate construction can
be sub-divided into residential, commercial, malls / multiplexes etc. Construction
54
Promotional Framework for Occupational Safety and Health Convention, 2006, Preamble
55
International Labour Organisation, available at: http://www.ilo.org/global/standards/subjects-
covered-by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm (last
visited on February 2, 2019)
56
Indian Construction Industry, available at: www.indianconstructionindustry.com/overview.html (last
visited on March 7, 2019)
12
activity being labour intensive has generated employment for large group of people in
the country. There are number of unorganised players in the industry which work on
the sub-contracting basis. Complex technology savvy projects can fetch higher profit
margins for construction companies as compared to low technology projects like road
construction. Various projects in Construction industry are working capital
intensive57.
The Government’s ‘Housing for All’ initiative aims to build 20 million affordable
homes for the urban poor by 2022. According to Global Data, the Indian construction
industry regained its growth momentum in 2018, helped by positive developments in
economic conditions, improvement in investor confidence, and investments in
transport infrastructure, energy, and housing projects. The country’s output value has
increased from US$464.9 billion in 2017, to US$505.7 billion in 2018. Global Data’s
‘Construction in India – Key Trends and Opportunities to 2023 report reveals that
India’s construction industry is expected to grow at a compounded annual average of
6.44% to US$690.9 billion in 2023. This is further to a registered output growth of
8.8% in 2017, up from 1.9%58.
This will provide a significant boost to residential construction (the market’s largest
category), which will account for a third of the industry’s total value by 2023. In its
2018-19 budget, the Government increased its expenditure towards infrastructure
development by 20.9% from Rs 4.9 trillion (US$75.9 billion) in the financial year
2017-2018, to Rs 6 trillion (US$89.2 billion). Expected to account for 30.1% of the
industry’s total value in 2023, it is thought that residential construction will remain
the largest market over the forecast period. It is also predicted that greater demand for
residential construction will be created over the forecast period, due to the country’s
rising population, urbanisation, and positive developments in regional economic
conditions59.
57
Ibid.
58
Construction Week, available at: https://www.constructionweekonline.in/business/9399-indias-
construction-industry-regains-growth-momentum (last visited on March 7, 2019)
59
Ibid.
13
An article60 revealed that construction industry is the most dangerous land based work
sector. The major safety hazards on site are falls from height, highway traffic, motor
vehicle crashes, excavation accidents, electrocution, machines, and being struck by
falling objects. Some of the main health hazards on site are asbestos, solvents, noise,
and manual handling activities. Falls from heights is the leading cause of injury in the
construction industry. Fall protection can be provided by guardrail systems, safety net
systems, personal fall arrest systems, positioning device systems, and warning line
systems. All employees should be trained to understand the proper way to use these
systems and to identify hazards. Motor Vehicle Crashes are another major safety
hazard on construction sites. It is important to be safety cautious while operation
motor vehicles or Equipment on the site.
Construction sites are increasing in each part of country, with the department of
factories, boilers, industrial safety and health recording one death a month at these
places. Workers face various hazards at workplaces. In the recent times, there is a lot
of construction activity, including Metro rail, flyovers and multi storeyed buildings.
Workers employed are from rural areas and have no access to information on their
rights and privileges61.
Some causes for health related problems in construction industry are like Work-
related back pain, Work-related upper limb disorders, Noise-induced hearing loss,
Hand - arm vibration syndrome (e.g. vibration white finger) Work-related dermatitis,
Respiratory sensitizers, Asbestos-related diseases, Silica-related diseases, Radiation
diseases (ionizing radiation), Heat stress and strain, Ultraviolet radiation, Hyperbaric
conditions-decompression illness, Leptospirosis (Weil's disease), Problems caused by
materials hazardous to health, Lifestyle, alcohol and drugs62.
1.4 Constitution of India vis-à-vis Labour legislation
1.4.1 The Constitution of India
60
Asma Kausar, “Occupational Deaths at Construction Sites in Bangalore” 02(12) International
Journal of Biomedical and Advance Research 494-97 (2011)
61
Ibid.
62
Ice Virtual Library, available at: www.icevirtuallibrary.com/doi/full/10.1680/egtmhic.27626.0003
(last visited on March 7, 2019)
14
Matters related to labour laws are covered in List III (Concurrent List) of the Seventh
Schedule to the Constitution of India. Entries relevant to labour laws in this list are as
follows63:
 Entry No. 22 – Trade Unions, Labour & Industrial disputes

 Entry No. 23 – Social Security, social insurance
 Entry No. 24 – Welfare of labour comprising working conditions, provident fund,
liability of employer, compensation to workmen, invalidity, maternity benefits and
old age pensions
Thus the Central Government as well as the State Government can pass laws in
respect of labour matters. Most of labour laws have been passed by the Parliament
and are uniform all over India like The Employees Provident Funds & Miscellaneous
Provisions Act, 1952 The Payment of Gratuity Act, 1972 and The Employees State
Insurance Act, 194864.
A. Preamble
The term ‘socialist’ used in the preamble of the Constitution of India literally means a
political system, which advocates State’s ownership of the means of production,
distribution and exchange65. It is defined that the word “socialist” was used simply to
indicate that the goal of the State in India was to secure “a better life for the people’ or
‘equality of opportunity’.
The Supreme Court in Excel Wear v. Union of India66 observed that the addition of
the word “socialist” in the preamble of Constitution of India might enable the Courts
to lean more in favour of nationalization and State ownership of the industry.
The Court in D.S. Nakara v. Union of India67, observed that “the basic framework of
socialism is to provide a descent standard of life to the working people and especially
provide security from cradle to grave”. The principal aim of a socialist state, the
Supreme Court held, was to eliminate inequality in income and status and standards of
life.
63
P.K. Padhi, Labour and Industrial Laws 1 (Prentice Hall of India Private Limited, New Delhi, 2nd
edn., 2011)
64
Ibid.
65
New Gem Dictionary, Collins, London, 1965, 491
66
AIR 1979 SC 25
67
AIR 1983 SC 130
15
B. Fundamental Rights and Labour Laws
The fundamental rights (Part III) of the Constitution of India represents the basic
values cherished by the people of this country and are calculated to protect the dignity
of the individual and create conditions in which every human being can develop his
personality to the fullest extent68.
It shall not be denied to any person equality before the law or the equal protection of
the laws within the territory of India 69. No person shall never be deprived of personal
liberty or his life except following the procedure as set by law70.
Article 21 is one of the most important Article in our Constitution because, in the
course of time, its application has been widened beyond what was originally thought
of. It includes many aspects of human rights, such as right to live with human dignity,
right to livelihood, right to privacy, right to shelter, right to health and medical
assistance, right to die, right to get pollution free water and air, right to education,
right to free legal aid, right to speedy trial, prevention of sexual harassment of
working women, etc. This article can be used by everyone as its boundary seems to be
unlimited. That is why Article 21is known as lawyer’s paradise. Most of the time,
labour law also rotates within Article 21 of the Constitution 71.
In Maneka Gandhi v. Union of India72, the Supreme Court gave a new dimension to
Article 21. The Court held that the right to ‘live’ is not merely confined to physical
existence but it includes within its ambit the right to live with human dignity.
Protection of Women from Sexual Harassment
A popular case is here to discuss sexual harassment of working women 73. In Vishakha
v. State of Rajasthan74, the Supreme Court has laid down guidelines to prevent sexual
harassment of working women in places of their work until Legislation to this effect is
68
edn., 2011)
69
The Constitution of India, art. 14.
70
71
edn., 2011)
72
AIR 1978 SC 597
73
edn., 2011)
74
AIR 1997 SC 3011
16
enacted. A public interest litigation (PIL) was filed by a social worker under Articles
14, 19 and 21 of the Constitution to enforce gender equality. Gender equality includes
protection from sexual harassment and right to work with dignity, which is
universally recognized as basic human rights. Some guidelines are given below:
 Duty of the employer to prevent sexual harassment at workplace
 Preventive steps includes provision for penalties against the offender
 Initiate disciplinary / criminal proceedings against the offender.
 Creation of complaint mechanism for redressal of complaint made by victim.
 Complaint Committee headed by woman and members women to prevent any

undue pressure from senior levels including a member from third party.
 Awareness of rights of female employees in this regard is to be created.
C. Directive Principles of State Policy
i. Equal Pay for Equal Work
The concept of equal pay for equal work is important to discuss 75 . The principle
‘equal pay for equal work’ is not expressly declared by our constitution as
fundamental right. Article 39(d) of Constitution proclaims ‘equal pay for equal work’
for both men and women as a directive principle of state policy. The Supreme Court
in Randhir Singh v. Union of India76, while construing Articles 14 and 16 in the light
of the Preamble and Article 39(d), held that the principle equal pay for equal work is
deducible from those Articles and may be properly applied to cases of unequal scales
of pay based on no classification or irrational classification, though those drawing the
different scales of pay do identical work under the same employer.
In People’s Union for Democratic Rights v. Union of India77 (Popularly known as

Asiad Case), the Supreme Court, while dealing the issues like child labour, contract
labour and bonded labour, held that the violations of labour laws should not be
viewed with great indifference and unconcern as if they are trifling offences
undeserving of judicial severity. Labour Laws are enacted for improving the
75
Legal Service India - Lawyers, available at: https://www.legalserviceindia.com/legal/article-2767-
equal-pay-for-equal-work.html (last visited on March 7, 2019)
76
AIR 1982 SC 879
77
AIR 1982 SC 1473
17
conditions of workers and the employers cannot be allowed to buy off immunity
against violations of labour laws by paying a paltry fine which they would not mind
paying, because by violating the labour laws they would be making profit which
would far exceed the amount of fine. If violations of labour laws are going to be
punished only be meager fines, it would be impossible to ensure observance of labour
laws and the labour laws would be reduced to nullity. They would remain merely
paper tigers without any teeth or claws. Violations of labour laws must be viewed
with strictness and whenever any violations of labour laws are established, the errant
employers should be punished by imposing adequate punishment.
The directive principles in Part IV of the Indian Constitution, provides that the state
shall direct its policy towards securing equal pay for equal work for both men and
women78. It is also laid down in directive principle that strength and health of workers
(both men & women) and tender age of children are never abused79. It is also duty of
the state to secure to its citizens that children are provided with opportunities &
facilities so that they could develop in a good & healthy manner and in environment
of freedom with dignity and childhood & youth are properly protected from
exploitation and material & moral abandonment 80 . The Constitution of India in its
directive principles provides provision for just and humane conditions of work and
maternity relief81. The directive principles also ensures that the state shall endeavour
to secure by suitable legislation to all workers a living wage, conditions of work
ensuring a decent standard of life and full enjoyment of leisure and social and cultural
opportunities82.
1.5 Labour Laws in India
Parliament has enacted labour legislation for construction industry in India. Labour
legislations 83 are beneficial for construction workers. These enacted laws are
ensuring Health, Safety and Welfare of workers. But, still it has been observed that
condition of workers in construction industry is worse. Construction Companies,
78
The Constitution of India, art. 39(d).
79
The Constitution of India, art. 39(e).
80
The Constitution of India, art. 39(f).
81
82
83
https://labour.gov.in/sites/default/files/Central%20Labour%20Acts_0.pdf (last visited on September
16, 2020)
18
Builders and Contractors works for the profit and their motive is money making. They
do not show any concern about the health, safety and welfare of workers. Even basic
personal protective equipments like safety belts for heights, masks for safety from
dust & fumes, helmet for head safety, equipment for protection from excessive noise
and vibration, protection from electrical hazards, hand gloves, ear plugs for
controlling noise, safety shoes etc., are not provided. Consequently, accidents at sites,
fatal injuries resulting in partial / permanent disablement, health problems like eyes
weakness, deafness, backaches etc., tends to increase. Moreover, the industrial
manufacturing units offer many facilities to women workers viz., maternity benefits
(in the form of maternity leave), payment of medical bonus, leave for miscarriage,
nursing breaks, crèche facilities, rest rooms, washing facilities, facility for drying and
storing clothes etc. But in construction industry, women workers are not getting the
similar facilities as compared to manufacturing industries. So despite legislative
provisions, the same are not benefiting the women workers and their children due to
the reasons like, non-intervention of controlling authorities appointed under the Acts,
no inspection by Labour Inspectors, no supervision by Labour Commission office at
construction sites, no control by authorities / Inspectors appointed under the Maternity
Benefit Act etc.
The Labour Laws prevalent in India prior to the introduction of four new labour codes
are discussed below in brief. The four new labour codes are also discussed below:
1.5.1 Labour Laws in India before Introduction of Four New Labour Codes
A. Labour Laws Directly Related to Construction Industry are:
i. The Building and Other Construction Workers (Regulation of Employment

and Conditions of Services) Act, 1996 (Act No. 27 of 1996) 84
ii. The Building and Other Construction Workers Welfare Cess Act, 1996
(Act No. 28 of 1996)85
84
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996) has been repealed by the Occupational Safety, Health and
Working Conditions Code, 2020 (No. 37 of 2020) vide Sec. 143.The notification for the date of
enforcement of the Occupational Safety, Health and Working Conditions Code, 2020 (No. 37 of 2020)
has not come till date.
85
The Building and Other Construction Workers Welfare Cess Act, 1996 (Act 28 of 1996) has been
repealed by the Code on Social Security, 2020 (No. 36 of 2020) vide Sec. 164. The notification for the
date of enforcement of the Code on Social Security, 2020 (No. 36 of 2020) has not come till date.
19
B. Labour Laws Indirectly related to Construction Industry are:
i. The Employees Compensation Act, 1923 (Act No. 8 of 1923) 86

ii. The Trade Unions Act, 1926 (Act No. 16 of 1926) 87
iii. The Payment of Wages Act, 1936 (Act No. 4 of 1936) 88
iv. The Industrial Disputes Act, 1947 (Act No. 14 of 1947) 89
v. The Minimum Wages Act, 1948 (Act No. 11 of 1948) 90
vi. The Employees State Insurance Act, 1948 (Act No. 34 of 1948) 91
vii. The Employees Provident Funds and Miscellaneous Provisions Act, 1952
(Act No. 19 of 1952)92
viii. The Maternity Benefit, 1961 (Act No. 53 of 1961) 93
ix. The Payment of Bonus Act, 1965 (Act No. 21 of 1965) 94
x. The Contract Labour (Regulation and Abolition) Act, 1970 (Act No. 37 of
1970)95
xi. The Payment of Gratuity Act, 1972 (Act No. 39 of 1972)96
86
The Employees Compensation Act, 1923 (Act 8 of 1923) has been repealed by the Code on Social
Security, 2020 (No. 36 of 2020) vide Sec. 164. The notification for the date of enforcement of the Code
on Social Security, 2020 (No. 36 of 2020) has not come till date.
87
The Trade Union Act, 1926 (Act 16 of 1926) has been repealed by the Industrial Relations Code,
2020 (No. 35 of 2020) vide Sec. 104. The notification for the date of enforcement of the Industrial
Relations Code, 2020 (No. 35 of 2020) has not come till date.
88
The Payment of Wages Act, 1936 (Act 4 of 1936) has been repealed by the Code on Wages, 2019
(No. 29 of 2019) vide Sec. 69. The notification for the date of enforcement of the Code on Wages,
2019 (No. 29 of 2019) has not come till date.
89
The Industrial Disputes Act, 1947 (Act 14 of 1947) has been repealed by the Industrial Relations
Code, 2020 No. 35 of 2020) vide Sec. 104. The notification for the date of enforcement of the
Industrial Relations Code, 2020 (No. 35 of 2020) has not come till date.
90
The Minimum Wages Act, 1948 (Act 11 of 1948) has been repealed by the Code on Wages, 2019
91
The Employees State Insurance Act, 1948 (Act 34 of 1948) has been repealed by the Code on Social
92
The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Act 19 of 1952) has been
93
The Maternity Benefit Act, 1961 (Act 53 of 1961) has been repealed by the Code on Social Security,
2020 (No. 36 of 2020) vide Sec. 164. The notification for the date of enforcement of the Code on
Social Security, 2020 (No. 36 of 2020) has not come till date.
94
The Payment of Bonus Act, 1965 (Act 21 of 1965) has been repealed by the Code on Wages, 2019
(No. 29 of 2019) vide Sec. 69. The notification for the enforcement of date of the Code on Wages,
95
The Contract Labour (Regulation and Abolition) Act, 1970 (Act 37 of 1970) has been repealed by
the Occupational Safety, Health and Working Conditions Code, 2020 (No. 37 of 2020) vide Sec.
143.The notification for the date of enforcement of the Occupational Safety, Health and Working
Conditions Code, 2020 (No. 37 of 2020) has not come till date.
20
xii. The Equal Remuneration Act, 1976 (Act No. 25 of 1976)97
xiii. The Sexual Harassment of Women at Workplace (Prevention, Prohibition
and Redressal) Act, 2013 (Act No. 14 of 2013)
C. Four New Labour Codes
i. The Code on Wages, 2019 (No. 29 of 2019)

ii. The Industrial Relations Code, 2020 (No. 35 of 2020)
iii. The Code on Social Security, 2020 (No. 36 of 2020)
iv. The Occupational Safety, Health and Working Conditions Code, 2020
(No. 37 of 2020)
A. Labour Laws which are directly related to Construction Industry are:
i. The Building and Other Constructions Workers (Regulation of

Employment and Conditions of Service) Act, 1996 (Act No. 27 of 1996)
There are more than 28 million skilled and unskilled workers engaged in the
construction sector in India. The sector is labour intensive and most of the labourers
are unskilled, unorganized and hence tend to work under inhuman and pitiful
conditions98. To address such inhuman working conditions and poor health and safety
standards in the real estate industry, the Government of India enacted the Building
and Other Constructions Workers (Regulation of Employment and Conditions of
Service) Act, 199699 (short name "BOCW Act"). The BOCW Act is a social welfare
legislation that aims to benefit workers engaged in building and construction activities
across the country. The preamble of the BOCW Act says that Act is enacted with
96
The Payment of Gratuity Act, 1972 (Act 39 of 1972) has been repealed by the Code on Social
97
The Equal Remuneration Act, 1976 (Act 25 of 1976) has been repealed by the Code on Wages, 2019
98
Mondaq, Connecting knowledge & people, available at:
http://www.mondaq.com/india/x/599764/Building+Construction/Applicability+Of+The+BOCW+Act+
1996+On+Factories (last visited on October 1, 2019)
99
The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996 (Act 27 of 1996) has been repealed by the Occupational Safety, Health and
Working Conditions Code, 2020 (No. 37 of 2020) vide Sec. 143. The notification for the date of
enforcement of the Occupational Safety, Health and Working Conditions Code, 2020 (No. 37 of 2020)
has not come till date.
21
intent to regulate the employment & service conditions specially of building and other
construction workers with providing safety, health and welfare measures for them100.
ii. The Building and Other Construction Workers’ Welfare Cess Act, 1996
(Act No. 28 of 1996)
The Building and Other Construction Worker’s Welfare Cess Act, 1996 101 aims to
provide for the levy and collection of a cess on the cost of construction incurred by
employers with a view to supplement the resources connected with building and other
construction worker’s welfare boards as established & constituted under the Building
and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act, 1996102. The Act is very important as the cess collected is used for the
purpose of providing various welfare measures to building workers.
B. Labour Laws Indirectly related to Construction Industry
i. The Employees Compensation Act, 1923 (Act No. 8 of 1923)
The Employees Compensation Act, 1923 103 is an Act to grant payment by certain
classes of employers in favour of their employees the compensation for injury
occurred due to employment & occupational accident104. It also covers occupational
diseases suffered by employees arising out of & in the course of employment and
ultimately to provide payment of compensation amount in those cases105.
ii. The Trade Unions Act, 1926 (Act No. 16 of 1926)
100
Mondaq, Connecting knowledge & people, available at:
http://www.mondaq.com/india/x/599764/Building+Construction/Applicability+Of+The+BOCW+Act+
1996+On+Factories (last visited on October 1, 2019)
101
The Building and Other Construction Worker’s Welfare Cess Act, 1996 (Act 28 of 1996) has been
102
Ministry of Law and Justice, Government of India, available at:
http://legislative.gov.in/sites/default/files/A1996-28_0.pdf (last visited on June 15, 2019)
103
The Employees Compensation Act, 1923 (Act 8 of 1923) has been repealed by the Code on Social
on Social Security, 2020 (No. 36 of 2020) has not come till date
104
edn., 2011)
105
P.K. Padhi, Labour and Industrial Laws 586-587 (Prentice Hall of India Private Limited, New
Delhi, 2nd edn., 2011)
22
The Indian Trade Unions Act, 1926106 made it legal for any seven workers to combine
in a Trade Union. The Act provides for the registration of Trade Unions and in
certain respects to define the law and legal provisions relating to registered Trade
Unions107. It is provided in the Act that any seven or more than seven Trade Union
members may by subscribing their names to Trade Union rules and by complying
with the provisions as contained in the Act with special regard to registration, apply
for getting their Trade Union registered under this Act108.
iii. The Payment of Wages Act, 1936 (Act No. 4 of 1936)
The Payment of Wages Act, 1936109 is an Act to regulate the payment of wages of
certain classes of employed persons. The Act is a central legislation, applies to the
persons employed in the factories or other establishments. It means the Act applies to
make payment of wages to employed persons in establishments engaging in
maintenance or development of buildings, roads, construction activities, canals,
bridges or other relevant operations having connection with irrigation, navigation or
supplying water or relevant with the generation, transmission & further distribution of
electricity or any similar form of power is carried on110. The Act sets time of payment
of wages viz., the industry in which less than 1000 (one thousand) workers are
engaged shall be paid wages before the seventh day of the calendar month expires and
workers in other establishments shall be paid before tenth day of upcoming calendar
month expires111. It also requires payment of wages in current coin or currency notes
and laid down provisions for deductions from wages 112.
iv. The Industrial Disputes Act, 1947 (Act No. 14 of 1947)
106
The Indian Trade Unions Act, 1926 (Act 16 of 1926) has been repealed by the Industrial Relations
Code, 2020 (No. 35 of 2020) vide Sec. 104. The notification for the date of enforcement of the
107
edn., 2011)
108
The Trade Unions Act, 1926 (Act 16 of 1926), s. 4
109
The Payment of Wages Act, 1936 (Act 4 of 1936) has been repealed by the Code on Wages, 2019
110
The Payment of Wages Act, 1936 (Act 4 of 1936), s. 2(ii)(g)
111
The Payment of Wages Act, 1936 (Act 4 of 1936), s. 5(1)
112
India Filings, available at: https://www.indiafilings.com/learn/payment-of-wages/ (last visited on
October 1, 2019)
23
The Industrial Disputes Act, 1947113 aims at settlement of industrial issues & disputes
arising among the employer & labour, management & workmen by peaceful
techniques & methods and through the machinery of arbitration, conciliation and, if
seems urgent, by approaching the process of adjudication 114 . Some aims are as
under115:
 Securing & preserving as far as possible good & harmonious relations among
workmen & employer.
 To investigate and settling Industrial issues & disputes between employers &
workmen, employers & employers or between workmen & workmen.
 Preventing as far as possible illegal strikes and illegal lock-outs.
 Relief to workmen in lay-off & retrenchment cases.
v. The Minimum Wages Act, 1948 (Act No. 11 of 1948)
The object of the Minimum Wages Act, 1948 116 is to prevent exploitation of the
workers, and for that purpose it aims at fixation of minimum wages which the
employers must pay. The legislature intended to apply the Act to those industries or
localities in which by reason of causes such as unrecognised labour or absence of
machinery for regulation of wages, the wages paid to workers were, in the light of the
general level of wages and subsistence level, inadequate117. The Act simply provides
for fixing minimum rate of wages in certain employments.
vi. The Employees’ State Insurance Act, 1948 (Act No. 34 of 1948)
The ESI Act, 1948 118 was enacted with prime object of introduction of a health
insurance scheme for workers in industrial units & establishments. An Act to provide
for particular benefits favouring employees during period of sickness, employment
113
The Industrial Disputes Act, 1947 (Act 14 of 1947) has been repealed by the Industrial Relations
Code, 2020 (No. 35 of 2020) vide Sec. 104. The notification for the date of enforcement of the
114
edn., 2011)
115
Ibid.
116
The Minimum Wages Act, 1948 (Act 11 of 1948) has been repealed by the Code on Wages, 2019
117
edn., 2011)
118
The Employees State Insurance Act, 1948 (Act 34 of 1948) has been repealed by the Code on Social
24
injuries besides maternity and other relevant matters 119 . In chapter V of the Act,
provisions of benefits are given viz., Sickness Benefit, Maternity Benefit,
Disablement Benefit, Dependants Benefit, Medical Benefit and Funeral Expenses
etc120.
vii. The Employees Provident Funds and Miscellaneous Provisions Act,

1952 (Act No. 19 of 1952)
The Constitution of India in Part IV under the Chapter Directive Principles of State
Policy, inter-alia enjoins upon the State to strive for promoting the people’s welfare.
The Government of India, has, through various enactments, endeavoured to give
effect to the ideas and objectives enshrined in the Constitution in the field of social
security. The Employees Provident Funds and Miscellaneous Provisions Act, 1952121
was enacted with the intent of introducing provision to save the industrial worker’s
future after his retirement or in favour of his dependants in cases of early death122.
Three schemes are there under the Act viz., firstly, the Employee’s Provident Funds
(EPF) Scheme, 1952, secondly, the Employee’s Deposit Linked Insurance (EDLI)
Scheme, 1976 and thirdly Employer’s Pension Scheme (EPS) 1995123.
viii. The Maternity Benefit, 1961 (Act No. 53 of 1961)
The Maternity Benefit Act, 1961124 was enacted with intent for regulating women’s
employment in establishments during particular period before & after birth of a child
and to extent maternity & other related benefits125. The Act is intended for achieving
aim of extending social justice for women workers126.
119
edn., 2011)
120
P.K. Padhi, Labour and Industrial Laws 674-676 (Prentice Hall of India Private Limited, New
Delhi, 2nd edn., 2011)
121
The Employees Provident Funds and Miscellaneous Provisions Act, 1952 (Act 19 of 1952) has been
enforcement of the Code on Social Security, 2020 (No. 36 of 2020) has not come till date.
122
edn., 2011)
123
Ibid.
124
The Maternity Benefit Act, 1961 (Act 53 of 1961) has been repealed by the Code on Social
Security, 2020 (No. 36 of 2020) vide Sec. 164. The notification for the enforcement of the Code on
Social Security, 2020 (No. 36 of 2020) has not come till date.
125
Preamble to the Maternity Benefit Act, 1961 (Act 53 of 1961)
126
S.N. Misra, Labour and Industrial Laws 1002 (Central Law Publications, Allahabad, 26th edn.,
2011)
25
ix. The Payment of Bonus Act, 1965 (Act No. 21 of 1965)
Bonus is something given in addition to what is ordinarily received by or strictly due

to the recipient. The Payment of Bonus Act, 1965127 is enacted to provide for paying
bonus to employed persons in certain establishments on the basis of profits or on the
basis of production or productivity and for matters connected therewith 128 . Every
employee is eligible to receive from his employer payment of Bonus if he has worked
a minimum of thirty days in the year 129.
x. The Contract Labour (Regulation and Abolition) Act, 1970 (Act No. 37 of
1970)
The object of the Contract Labour (Regulation and Abolition) Act, 1970 130 is to
prevent exploitation of contract labour and also to introduce better conditions of work.
They are different from direct labour / workman in terms of employment relationship
with the establishment and method of wage payment 131 . The construction industry
most runs its business by employing Contract Labour. Consequently, the Contract
Labour (Regulation and Abolition) Act, 1970 came into existence. A workman shall
be counted in category of contract labour when he is hired for completing work of an
establishment through a contractor132. The CLRA Act, 1970 is an Act for regulating
the contract labour employment in establishments and contains provisions for
abolition of contract labour in certain situations & circumstances and for other
connected & related matters133.
The Supreme Court has rightly observed in Deena Nath v. National Fertilizer Ltd.134,
that the Act, as can be seen from the scheme of the CLRA Act, 1970 is just to regulate
127
The Payment of Bonus Act, 1965 (Act 21 of 1965) has been repealed by the Code on Wages, 2019
(No. 29 of 2019) vide Sec. 69. The notification for the enforcement of the Code on Wages, 2019 (No.
29 of 2019) has not come till date.
128
The Payment of Bonus Act, 1965 (Act 21 of 1965), Preamble
129
The Payment of Bonus Act, 1965 (Act 21 of 1965), s. 8
130
The Contract Labour (Regulation and Abolition) Act, 1970 (Act 37 of 1970) has been repealed by
the Occupational Safety, Health and Working Conditions Code, 2020 (No. 37 of 2020) vide Sec. 143.
The notification for the enforcement of the Occupational Safety, Health and Working Conditions Code,
131
edn.,2011)
132
Ibid.
133
The Contract Labour (Regulation and Abolition) Act, 1970 (Act 37 of 1970), Preamble
134
AIR 1992 SC 457
26
the contract labour’s employment in establishments and its abolition in certain
situations & circumstances.
xi. The Payment of Gratuity Act, 1972 (Act No. 39 of 1972)
Gratuity is a lump sum payment as a retiral benefit after superannuation or on

termination of service for recognised reasons. The Payment of Gratuity Act, 1972135
gives a statutory right of gratuity to all the employees who have rendered five year’s
continuous service and whose services stand terminated after coming into force of the
Act on account of superannuation, or retirement, or resignation, or death, or
disablement136. The Payment of Gratuity Act, 1972 is an Act to provide for a scheme
for the payment of Gratuity to employees engaged in factories, mines, oilfields,
plantations, ports, railway companies, shops or other establishments and for matters
connected therewith or incidental thereto137.
xii. The Equal Remuneration Act, 1976 (Act No. 25 of 1976)
The Equal Remuneration Act, 1976138 provides that it is the duty of an employer to
make payment of equal remuneration in favour of men & women workers for similar
& identical work. Secondly, no discrimination is to be made on the grounds of sex
against women in the matter of employment and related matters139. Act provides that
employer shall not discriminate while recruiting women & men workers140.
xiii. The Sexual Harassment of Women at Workplace (Prevention, Prohibition

and Redressal) Act, 2013 (Act No. 14 of 2013)
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013 was enacted with an objective to provide protection against
sexual harassment of women at workplace and for the prevention and redressal of
135
The Payment of Gratuity Act, 1972 (Act 39 of 1972) has been repealed by the Code on Social
Security, 2020 (36 of 2020) vide Sec. 164. The notification for the date of enforcement of the Code on
Social Security, 2020 (36 of 2020) has not come till date.
136
edn., 2011)
137
The Payment of Gratuity Act, 1972 (Act 39 of 1972), Preamble
138
The Equal Remuneration Act, 1976 (Act 25 of 1976) has been repealed by the Code on Wages,
2019 (29 of 2019) vide Sec. 169. The notification for the date of enforcement of the Code on Wages,
2019 (29 of 2019) has not come till date.
139
The Equal Remuneration Act, 1976 (Act 25 of 1976), Preamble
140
The Equal Remuneration Act, 1976 (Act 25 of 1976), s. 5
27
complaints of sexual harassment and for matters connected therewith 141 . Sexual
harassment results in violation of the fundamental rights of a woman to equality under
articles 14 and 15 of the Constitution of India and her right to life and to live with
dignity under article 21 of the Constitution and right to practice any profession or to
carry on any occupation, trade or business which includes a right to a safe
142
environment free from sexual harassment . The Protection against sexual
harassment and the right to work with dignity are universally recognised human rights
by international conventions and instruments such a Convention on the elimination of
all Forms of Discrimination against Women, which has been ratified on the 25th June,
1993 by the Government of India 143.
C. Four New Labour Codes

iv. The Occupational Safety, Health and Working Conditions Code, 2020 (No. 37
of 2020)
The Code on Wages, 2019 144 aims to streamline labour laws and widens scope of
payment of minimum wages to entire workforce and provides for all necessary
elements relevant with equal remuneration, wages, its payments and payment of
bonus. This is an Act to consolidate with amending the legal provisions related with
wages and bonus and related matters145. It is extended to the whole of India146. It is
provided in the Act that no employer shall make payment in favour of any employee
wages lower than the rate of minimum wages as declared by the Appropriate
141
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
(Act 14 of 2013), Preamble
142
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
(Act 14 of 2013), Introduction
143
Ibid.
144
The Code on Wages, 2019 (No. 29 of 2019) published in the Gazette of India, Pt. II, Sec. 1, No. 48,
dated 8th August 2019. However, the notification for the date of enforcement of the Code on Wages,
145
The Code on Wages, 2019 (No. 29 of 2019), Preamble
146
The Code on Wages, 2019 (No. 29 of 2019), s. 1(2)
28
Government 147 . Central Government is empowered to fix floor wage taking into
account minimum living standards of a worker 148 . The Code on Wages, 2019
amalgamate and rationalises the four Central Labour Enactments i.e. (i) the Payment
of Wages Act, 1936 (ii) the Minimum Wages Act, 1948 (iii) the Payment of Bonus
Act, 1965 and (iv) the Equal Remuneration Act, 1976. Researcher has elaborated this
Act.
The Industrial Relations Code, 2020 is an Act to consolidate and accordingly amend
the laws connected with Trade Unions, Conditions of employment in industrial
establishments or undertaking, investigation and settlement of industrial disputes and
for matters connected therewith and amalgamate & rationalise the relevant provisions
of (i) the Trade Unions Act, 1926 (ii) the Industrial Employment (Standing Orders)
Act, 1946; and (c) the Industrial Disputes Act, 1947149. The Act is extended to the
whole of India 150. The relevant provisions are discussed in this research work.
The Code on Social Security, 2020 is an Act to amend and consolidate the laws
relating to social security with the goal to extend social security to all employees and
workers either in the organised or unorganised or any other sectors and for matters
connected therewith or incidental thereto 151 . The Act is extended to the whole of
India. In this research work, the same is elaborated in comprehensive manner.
The Code on Social Security, 2020 amalgamate, simplify & to rationalise the relevant
provisions of nine Central Labour enactments related to social security. The same are
listed below152:
 The Employees Compensation Act, 1923
 The Employees State Insurance Act, 1948
 The Employees Provident Funds and Miscellaneous Provisions Act, 1952
 The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959
147
The Code on Wages, 2019 (No. 29 of 2019), s. 4
148
The Code on Wages, 2019 (No. 29 of 2019), s. 9
149
The Industrial Relations Code, 2020 (No. 35 of 2020), Preamble
150
The Industrial Relations Code, 2020 (No. 35 of 2020), s. 1(2)
151
The Code on Social Security, 2020 (No. 36 of 2020), Preamble
152
The Code on Social Security, 2020 (No. 36 of 2020), Introduction
29
 The Maternity Benefit Act, 1961
 The Payment of Gratuity Act, 1972
 The Cine Workers Welfare Fund Act, 1981
 The Building and Other Construction Workers Welfare Cess Act, 1996; and
 The Unorganised Worker Social Security Act, 2008
iv. The Occupational Safety, Health and Working Conditions Code, 2020
(No. 37 of 2020)
The Occupational Safety, Health and Working Conditions Code, 2020 is an Act to
consolidate & accordingly amend the laws regulating the occupational safety, health
& working conditions of the employed persons in an establishment for connected
matters 153 . The Act amalgamated and rationalise the thirteen Central Labour
Enactments relating to occupation, safety, health and working conditions of workers.
The same are listed below 154:
 The Factories Act, 1948
 The Plantations Labour Act, 1951
 The Mines Act, 1952
 The Working Journalists and other Newspaper Employees (Conditions of Service
and Miscellaneous Provisions) Act, 1955
 The Working Journalist (Fixation of Rates of Wages) Act, 1958
 The Motor Transport Workers Act, 1961
 The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
 The Contract Labour (Regulation and Abolition) Act, 1970
 The Sales Promotion Employees (Conditions of Service) Act, 1976
 The Inter-State Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1979
 The Cine Workers and Cinema Theatre Workers Act, 981
 The Dock Workers (Safety, Health and Welfare) Act, 1986; and
 The Building and Other Construction Workers (Regulation of Employment
Conditions of Service) Act, 1996
153
The Occupational Safety, Health and Working Conditions Code, 2020 (No. 37 of 2020), Preamble
154
The Occupational Safety, Health and Working Conditions Code, 2020 (No. 37 of 2020), Introduction
30
1.6 Review of Literature
1.6.1 Books
In the instant study, the researcher has gone through numerous books, articles in
magazines, journals, newspapers and reports of various committees and organisations.
i. The first book reviewed by the researcher is “P.L. Malik’s Industrial Law titled
“an encyclopaedia of all labour laws and Industrial Laws in India” 155 that
discussed the labour legislations with rules, regulations and schemes applicable to
Construction Industry.
ii. The book titled “Constitution of India”156 authored by V.N. Shukla very nicely
elaborated the concept of right of life under article 21 of the Constitution of India.
Right to livelihood is involved in right to life and to live with human dignity and
to protection from noise, air & water pollution, sun radiations etc.
iii. H.L. Kumar’s book having title “Labour and Industrial Law” 157 throws light on
legislations with relevant cases & illustrations and social security legislations158.
iv. M.P. Jain in his book “Indian Constitutional Law” 159 commented upon the
directive principles available under the constitution of India. Directive principles;
Equal Pay for Equal Work, living wages, minimum wages and fair wages with
suitable case laws and judgments are expressed in simple language. Maternity
relief is right of every working women to be given by her employer.
v. The book “Labour & Industrial Laws”160 authored by P.K. Padhi explains with
great clarity and precision regarding the legal provisions related to Industrial
Disputes, the Contract Labour Act, trade unions etc. Formulas for the calculation
155
P.L. Malik, Industrial Law– an encyclopedia of all labour laws and Industrial Laws in India
(Eastern Book Company, Lucknow, 25th edn., 2017)
156
V.N. Shukla, Constitution of India (Eastern Book Company, Lucknow, 11th edn., 2008)
157
H.L. Kumar, Labour and Industrial Law (Universal Law Publishing, Uttar Pradesh, 9th edn., 2015)
158
The Employees Provident Funds & Miscellaneous Provisions Act, 1952 (Act 19 of 1952), The
Employees State Insurance Act, 1948 (Act 34 of 1948), The Payment of Gratuity Act, 1972 (Act 39 of
1972), The Payment of Bonus Act, 1965 (Act 21 of 1965)
159
M.P. Jain, Indian Constitutional Law (Lexis Nexis, Gurgaon, 6th edn., 2013)
160
P.K. Padhi, Labour and Industrial Laws (Prentice Hall of India Private Limited, Delhi, 2nd edn.,
2011)
31
of compensation for retrenchment, death, permanent disablement are also
provided, which are of a great help.
vi. S.N. Misra’s book titled “Labour & Industrial Laws” 161
has elaborately
commented on the provisions available for the payment of wages, health, safety
and welfare of contract labour, payment of bonus, schemes under the provident
funds, benefits under State Insurance schemes.
vii. “Practical Guide to Payment of Wages Act and Rules”162 authored by HL Kumar
is excellent work related to payment of wages laws in India. International labour
standards related to wages are set by ILO and the book narrates that payment of
wages act is enacted to regulate payment of wages to persons employed directly or
indirectly in industry.
viii. Dr. V.G. Goswami in his book titled “Labour and Industrial Laws – Volume 1 –
Social Security Legislation in India”163 explained the law of social security for
workers. The author in his book demonstrates how international labour standards
set by ILO related to social security 164 , which covers topic i.e. medical care,
sickness, old age, employment injury, maternity invalidity and rights and benefits
for migrant workers are adopted and assimilated in Indian legal system.
ix. Dr. V.G. Goswami’s book titled “Labour and Industrial Laws – Volume 2 Law of
Industrial Relations in India”165 is devoted to the law of Industrial Relations.
x. Dr. Meenu Paul in her book titled “Labour and Industrial Laws” 166 explains
fifteen such legislations that deal with industrial relations and labour welfare.
Labour welfare is the prime concern in labour and industrial law and the book
explains labour welfare concepts.
161
S.N. Misra, Labour& Industrial Laws (Central Law Publications, Allahabad, 28th edn., 2016,
reprinted 2017)
162
H.L. Kumar, Practical Guide to Payment of Wages Act and Rules, (Universal Law Publishing, Uttar
Pradesh, 5th edn., 2015)
163
Dr. V.G. Goswami, I Labour and Industrial Laws – Social Security Legislation in India (Central
Law Agency, Allahabad, 9th edn., 2011)
164
ILO’s International Labour Standards i.e. Social Security (Minimum Standards) Convention, 1952,
Maintenance of Social Security Rights Convention, 1982
165
Dr. V.G. Goswami, Labour and Industrial Laws, Volume 2 – Laws of Industrial Relations in India
(Central Law Agency, Allahabad, 9th edn., 2011)
166
Dr. Meenu Paul, Labour and industrial Laws (Allahabad Law Agency, Faridabad, Haryana, 10th
edn., 2017)
32
xi. N. Jinender Kumar and Ajay Bhola’s book titled “International Labour
Organisation (ILO)” 167 provides an insightful work, which deals with chapter-
wise information on International Labour Organisation, Constitution of ILO,
International Labour Standards, India and the ILO, ILO on Child Labour and
Labour Standards etc.
xii. HL Kumar’s “Practical Guide to Contract Labour (Regulation and Abolition) Act
& Rules”168 is important from the point of view of our research work. The book is
giving a practical approach for better understanding the ground level conditions,
which is required in our topic for the completion of research. So, the book is
extremely useful for having a practical view and will ultimately guide us.
1.6.2 Research Articles
i. Review Article on “Health and Safety knowledge and Compliance on

Construction Site”169 authored by Labh Kumar Singh, Mukesh Pandey, Sohit
Agarwal is enhancing information on Health and safety issues. It is explored
that in Indian construction industry, worker don’t have enough knowledge in
health and safety on construction sites, they don’t know welfare facility,
health and safety plan and policy, health and safety management system and
there are no health and safety compliance on site, if it given on construction
site worker don’t use this facility. The article contains information related to
laws170 applicable to construction industry.
ii. Gourab Biswas, Arkajit Bhattacharya and Rina Bhattacharya publish their
research paper with the title “Occupational Health Status of Construction
Workers: A Review”171 with an aim to analyse the occupational health status
of construction workers. The article highlights that Musculoskeletal disorders
167
N. Jinender Kumar and Ajay Bhola, International Labour Organisation (ILO) (Regal Publications,
New Delhi, 2008)
168
H.L. Kumar, Practical Guide to Contract Labour (Regulation and Abolition) Act and Rules
(Universal Law Publishing, 10th edn., 2017)
169
Labh Kumar Singh, Mukesh Pandey, Sohit Agarwal, “Review Article on Health and Safety
knowledge and Compliance on Construction Site” 4 International Research Journal of Engineering
and Technology 3313-15 (2017)
170
Ministry of Labour & Employment, Government of India, available at: https://labour.gov.in/list-
enactments-ministry (last visited on September 16, 2020)
171
Gourab Biswas, Arkajit Bhattacharya, Rina Bhattacharya, “Occupational health status of
construction workers: A review” 6 International Journal of Medical Science and Public Health, 669-
74 (2017)
33
are very common among the construction workers. The article revealed the
fact that construction work is one of the most hazardous sectors where health
risks are significant due to dusts, noise, chemicals, manual handling,
vibrating tools, excessive loads, and lack of safety awareness and involved
higher rates of workplace injuries are reported among the illiterate and
inexperienced construction workers172.
iii. K. Ponnaian and Dr. T. Iyappan in their research article with the title
“Problems Of Building Construction Workers In Kanyakumari District Of
Tamil Nadu” discussed problems of building and construction workers like
casual nature of employment, absence of social security, uncertain working
hours, unsafe working conditions, injuries, working at heights, unavailability
of raw material. All these problems ultimately results in harsh industrial
relations that affects productivity in negative manner 173 . So this research
article has helped us in better way.
iv. Quemre Alam in his article title “Role of Indian Judiciary in Protection of
Rights of the Migrant Workers” discussed that every developed legal system
possesses a sound judicial system. The prime function of the judiciary is to
protect the rights and obligations of the citizens. In India, Judiciary
administers and promote justice according to law. Under the Indian
Constitution, the Supreme Court is the guardian of the fundamental rights of
the people. The Supreme Court plays the role of guardian for the social
revolution in India174. The article is helpful in our research work.
The Supreme Court and High Courts are playing an important role in
eliminating exploitation and discrimination against the worker class. Various
rights of workers have been recognized by Supreme Court as well as by the
High Courts in its various judicial decisions 175.
v. Dr. Dileep Kumar M in his published article “Inimitable Issues of

Construction Workers: Case Study” had discussed regarding various issues of
172
Ibid.
173
K. Ponnaian, Dr. T. Iyappan (Supervisor), “Problems of Building Construction Workers in
Kanyakumari District of Tamil Nadu” 2 International Journal of Management and Economics
Invention 1104-1106 (2016)
174
Quemre Alam, “Role of Indian Judiciary in Protection of Rights of the Migrant Workers” 24 IOSR
Journal of Humanities and Social Sciences 49-51 (2019)
175
Ibid.
34
construction workers and provides various suggestions to improve the
conditions. In this article Dr. Dileep asserts that male and female construction
workers face a lot of problems in their working environment. Even female
workers in construction industry have to use open bathrooms and washing
areas. Employer never shows attention to the privacy of female workers. No
canteen / lunch room facilities are provided by employer and workers have to
depend on outside hotels for their meals. Outside hotels are too costly for
workers. Medical Leave and Sick Leave are never granted to construction
workers. In this article, it is discussed that women workers are not paid
maternity benefits as guaranteed under the law. Many workers are working
even without life insurances. Personal Protective Equipments like Helmet,
Safety Belts, Gloves, Long Safety Shoes are never provided by the
employer 176. Dr. Dileep also suggested some measures which can improve
the situations and protect workers.
vi. Thayyil Jayakrishnan, Bina Thomas, Bhaskar Rao, Biju George in their
article “Occupational health problems of construction workers in India”
shared information related to understanding the occupational health problems
of construction workers. Construction workers suffer various diseases like
water borne diseases, respiratory and eye problems, skin problems and
injuries etc.177. The article is important to understand the issues daily faced by
the Construction Workers.
vii. Kalpana Devi, U.V. Kiran in article “Status of Female Workers in

Construction Industry in India: A Review” examined that construction
industry provides job opportunity to large people. Article reveals that women
workers face several difficulties in construction industry as compared to
males i.e. sexual harassment, gender biasness, wage discriminations etc.178,
Article is important for our research work as it shows the real difficulties
faced by females workers at construction sites.
176
Dr. Dileep Kumar M., “Inimitable Issues of Construction Workers: Case Study” 7(2) British
Journal of Economics, Finance and Management Sciences 42-53 (2013)
177
Thayyil Jayakrishnan, Bina Thomas, Bhaskar Rao, Biju George, “Occupational health problems of
construction workers in India” 3(4) International Journal of Medicine and Public Health 225-229
(2013)
178
Kalpana Devi & U.V. Kiran, “Status of Female Workers in Construction Industry in India: A
Review” 14 IOSR Journal of Humanities & Social Sciences 27-30 (2013)
35
viii. Miss. Smita A. Bhole in an article “Safety Problems and Injuries on
Construction Site: A Review” has shared the information related to safety
problems and injuries at construction sites. Causes of accidents are also
examined in this article. Major causes of accidents at construction sites are
lack of proper training, deficiency in enforcement of safety measures, unsafe
working, not using personal protective equipments and poor attitude towards
safety179. Preventive measures to escape from accidents are also shared. The
article is useful for our research work as we can analyse various causes of
accidents at construction sites.
ix. Karan Singh published an article titled “Safety in Indian Construction” in

which safety and health issues of construction workers are discussed. Karan
Singh explored safety principles various topics like safety rules and
regulations, construction accidents etc. 180 . The article is important in our
research.
x. T. Selvam in an article titled “Problems of Construction Workers at Tirutur”

revealed physical problems, psychological problems, economic and
educational difficulties and welfare issues of construction workers 181 . The
same can be explored in our thesis work.
xi. S. Tikoo and Meenu in their article entitled “Work Place Environment
Parameters and Occupational Health Problems in Women Construction
Workers in India” have explained various factors affecting workforce in
construction industry182. The same is helping us in our research work.
xii. Chioma S. Okoro, Innocent Musonda and Justus Agumba published an

article entitled “Identifying Determinants of Construction Worker
Performance on Construction Sites: A Literature Review”. The study
identified that wages, education and training on job, safety measures and
179
Miss. Smita A Bhole, “Safety Problems and Injuries on Construction Site: A Review” 2
International Journal of Engineering and Techniques 24-35 (2016)
180
Karan Singh, “Safety in Indian Construction” 3 International Journal of Engineering Research and
Technology 1564-1566 (2014)
181
T. Selvam, “Problems of Construction Workers at Tirupattur” 3 Scope International Journal of
Science, Humanities, Management and Technology 41-45 (2017)
182
S. Tikoo and Meenu, “Work Place Environmental Parameters and Occupational Health Problems in
Women Construction Workers in India” 3 Global Journal of Management and Business Studies 1119-
1128 (2013)
36
proper planning can improve worker’s productivity183. The article is useful in
our research work.
1.7 Research Problem
International labour standards have grown into a comprehensive system of

instruments on work and social policy, backed by a supervisory system designed to
address all sorts of problems in their application at the national level.
The important issues are discussed below:
(A) Minimum Wages Norms Not Sincerely Implemented
The International Labour Standards ensures Minimum wages for workers, social
security benefits namely; medical care, sickness, unemployment, old age,
employment injury, family, maternity, invalidity and survivors benefits, occupational
safety and health, night work convention, night work provisions. The same are not
sincerely adopted and assimilated in a proper manner in Indian environment.
Contractual Workers engaged in the construction work of residential buildings,
apartments and bridges are not even getting minimum rate of wages prescribed under
the Minimum Wages Act, 1948. They are also not getting their wages on time as
prescribed under the Payment of Wages Act, 1936. Night work allowances are also
missing for the construction workers.
(B) Inadequate Legal Provisions
At the national level, the construction industry requires attention for covering
loopholes in various labour legislative provisions. The women workers in
construction industry are not getting maternity benefits, medical bonus, benefits for
miscarriage. However, the law is there but not implemented in proper manner.
Construction industry workers are not getting facilities like canteen, rest room,
shelters, facilities for drying & storing clothes etc. The contract labour in construction
industry not getting bonus payments, no medical, insurance and social security
benefits. Contract labour is also deprived of long terms benefits like payment of
gratuity, medical facilities and ex-gratia etc.
183
Chioma S. Okoro, Innocent Musonda and Justus Agumba, “Identifying Determinants of
Construction Worker Performance on Construction Sites: A Literature Review” 8 International Journal
of Innovation, Management and Technology 60-63 (2017)
37
(C) Labour/Government Authorities Not Performing Their Duties &
Responsibilities in True Sense
Authorities are not performing their duties properly as assigned to them under the law.
The construction sites are not inspected by Labour Inspectors/Boards. Consequently,
workers are deprived of their rights. Authorities appointed under the Maternity
Benefit Act are not visiting construction sites and not enforcing legal provisions, due
to which the legal provisions remained in books only. Authorities under the CLRA
Act, 1970 are also not paying attention in protecting the rights of workers in the
Building and Construction Industry.
(D) Molestation of Female Workers

Construction industry is no doubt, a labour intensive industry. Workers from one state
migrate to other states for earning purpose. Generally, the entire family engaged in
work including female and children. So, the cases of female molestation are common
and needs to be controlled.
(E) Problem of Child Malnutrition
Construction industry is labour intensive. Workers along with their families move
from one state to another state in search of work. Sometimes, the entire family work
on site for their survival. Female workers became unable to take care of their children
due to missing of crèche and accommodation facilities on construction site.
(F) Equal Pay for Equal Work not Strictly Implemented
The principle of equal pay for equal work is contained in clause (d) of article 39 of the
Indian Constitution, which envisages that the State shall, in particular, direct its policy
towards securing that there is equal pay for equal work for both men and women. The
principle implies that where all things are equal, that is, where all relevant
considerations are the same, persons holding identical post may not be treated
differently in the matter of their pay merely because they belong to different
departments. In the case of “Randhir Singh v. Union of India184”, the Supreme Court
held that the principle of equal pay for equal work though not a fundamental right is
certainly a constitutional goal and therefore capable of enforcement through
constitutional remedies under Article 32 of the Constitution. Daily wagers are entitled
184
AIR 1982 SC 879
38
to the same wages as other permanent employees in the department employed to do
the identical work185. But the principle is still not implemented in appropriate manner.
1.8 Research Hypothesis
The implementation of labour laws in Construction Industry in India is inadequate.

The workers in the Indian Construction Industry are not much aware of their rights.
1.9 Research Methodology
The present research shall be conducted by both doctrinal as well as empirical

method. The primary and secondary data shall be used for the purpose of the study.
The primary data is collected from documentaries of United Nations, International
Labour Organisation. However, secondary data is collected from books, journals,
commentaries, case laws, articles, reports, internet websites and all other available
literature for arranging and systemizing the legal proposition.
For empirical study, a survey method is chosen. Data is collected through a

questionnaire, in which respondents are Building and Construction Workers. The
questionnaire is prepared for surveying implementation of labour laws in Indian
Construction Industry. Workers have been questioned in the language understood by
them. After the data collection, an excel sheet has been prepared and pie charts are
prepared accordingly.
The universe of the study is Office of Ministry of Labour & Employment,

Government of India, Labour Department Punjab and the Punjab Building and Other
Construction Workers Welfare Board.
1.10 Research Questions
(i) What are the International Labour Standards set by International Labour
Organisation related to Construction Industry?
(ii) How far these International Labour Standards relevant to Construction
Industry are adopted in the Indian Labour Legislation?
(iii) Whether Indian Labour Legislation actually protecting the rights of the
workers in the Construction Industry?
185
Surinder Singh v. Engineer – in – Chief, C.P.W.D. AIR 1986 SC 534
39
(iv) To what extent the workers and employees in the construction industry are
aware about the rights available in Labour Legislation in India?
(v) Whether Government Authorities are paying attention towards protection of
rights of workers in Indian Construction Industry?
(vi) Whether Labour Authorities in India are spreading awareness among Building
and Construction workers related to their rights?
(vii) How far the Judiciary system in India is successful in saving the rights of
workers in construction industry?
1.11 Objectives of Research
The objectives of the research are to:
 Study the International Labour Standards and Labour Legislation relating to

construction industry and their adoption and assimilation in India.
 Assess how far the labour authorities are performing their duties assigned by law
to protect and promote the rights of building workers?
 Examine the Health, Safety & Welfare provisions and Social Security Benefits &
Schemes for workers in the construction industry in India.
 Analyse how far the Labour Legislation is properly implemented in Indian
Construction Industry.
 Analyse the Judicial Pronouncements protecting rights of workers.
1.12 Plan of the Study
1. Introduction
In this research work, Chapter – 1 is related to Introduction. In introduction, Review

of Literature with Research Problem is discussed. Besides this, Research Hypothesis,
Research Mythodology and Research Questions are communicated. Objectives of
research are also included in this Chapter.
2. International Labour Organisation
In Chapter – 2, researcher has discussed International Labour Organisation.

Researcher has covered information on ILO, information related to member countries,
structure of ILO. Aims and Objectives including Labour Standards are also taken into
consideration in this Chapter.
40
3. International Labour Organisation’s Conventions related to Construction
Industry
Chapter – 3 is related to International Labour Conventions which are directly and

indirectly related to Construction Industry. Some Conventions are ratified by India
and others are not ratified. Both are discussed.
Safety and Health in Construction Convention, 1988 (No. 167) is directly related to
Construction Industry186.
Conventions which are indirectly related to Construction Industry are mentioned

below. These conventions are not ratified by India.
O. Promotional Framework for Occupational Safety and Health Convention, 2006
(No. 187).
The Conventions given below are indirectly related to Construction Industry. These
conventions are ratified by Indian Government.
186
International Labour Organization, available at: www.ilo.org/global/standards/subjects-covered-
by-international-labour-standards/occupational-safety-and-health/lang--en/index.htm (last visited on
February 2, 2019)
41
C. Minimum Age Convention, 1973 (No. 138)
D. Human Resources Development Convention, 1975 (No. 142)
E. Equal Remuneration Convention, 1951 (No. 100)
4. Labour Legislation for Construction Industry In India
Chapter – 4 is totally related to labour legislation available for construction industry

in India. It is discussed in this chapter that how far Constitution of India and Other
Labour Legislation are protecting the rights of workers in construction industry. The
four new labour codes are also elaborated comprehensively.
5. Health, Safety and Welfare of Workers in Construction Industry in India
Chapter – 5 is devoted towards provisions available for protecting health, safety and
welfare of workers in construction industry in India. Research has discussed the
available provisions in better way.
6. Role of Judiciary in Protecting Rights of Workers in the Construction

Industry
Role of Judiciary is important in protecting rights and imparting justice to the people
of the country. Chapter – 6 is drafted in this context. Information on various important
case laws and judgments for the protection of rights of workers is shared in this
chapter.
7. Labour Legislation Implementation in Construction Industry in District

Sahibzada Ajit Singh Nagar (Mohali), Punjab: An Empirical Study
Chapter – 7 is related to empirical study. Survey is conducted to analyse

implementation of Labour Legislation in Construction Industry in District Mohali.
Questionnaire is prepared in which respondents are building workers.
8. Conclusions & Suggestions
Research work is concluded and suggestions are shared for improving the conditions
of construction workers and Industrial Relations. Chapter – 8 is devoted to
conclusions and suggestions.
42

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CHAPTER – 1

1.2 International Labour Organisation (ILO)

1.2.1 International Labour Standards (ILS)

1.2.2 Conventions Directly Related to Construction Industry are:

1.2.3 Conventions Indirectly Related to Construction Industry are mentioned

A. Hours of Work (Industry) Convention, 1919 (No. 1)

The above mentioned conventions are discussed in brief:

B. Minimum Wages Fixing Machinery Convention, 1928 (No. 26)

C. Protection of Wages Convention, 1949 (No. 95)

D. Equal Remuneration Convention, 1951 (No. 100)

E. Social Security (Minimum Standards) Convention, 1952 (No. 102)

F. Discrimination (Employment and Occupation) Convention, 1958

The Discrimination (Employment and Occupation) Convention, 1958 26 came into

H. Minimum Age Convention, 1973 (No. 138)

I. Human Resources Development Convention, 1975 (No. 142)

J. Occupational Safety and Health Convention, 1981 (No. 155)

K. Termination of Employment Convention, 1982 (No. 158)

L. Occupational Health Services Convention, 1985 (No. 161)

M. Night Work Convention, 1990 (No. 171)

N. Maternity Protection Convention, 2000 (No. 183)

O. Promotional Framework for Occupational Safety and Health Convention,

1.2.4 Conventions Ratified by India are Listed Below:

A. Hours of Work (Industry) Convention, 1919 (No. 1)

1.3 Construction Industry in India

1.4 Constitution of India vis-à-vis Labour legislation

1.4.1 The Constitution of India

 Entry No. 22 – Trade Unions, Labour & Industrial disputes

Protection of Women from Sexual Harassment

 Duty of the employer to prevent sexual harassment at workplace

 Preventive steps includes provision for penalties against the offender

 Initiate disciplinary / criminal proceedings against the offender.

 Creation of complaint mechanism for redressal of complaint made by victim.

 Complaint Committee headed by woman and members women to prevent any

 Awareness of rights of female employees in this regard is to be created.

C. Directive Principles of State Policy

i. Equal Pay for Equal Work

In People’s Union for Democratic Rights v. Union of India77 (Popularly known as

1.5 Labour Laws in India

A. Labour Laws Directly Related to Construction Industry are:

i. The Building and Other Construction Workers (Regulation of Employment

i. The Employees Compensation Act, 1923 (Act No. 8 of 1923) 86

C. Four New Labour Codes

i. The Code on Wages, 2019 (No. 29 of 2019)

A. Labour Laws which are directly related to Construction Industry are:

i. The Building and Other Constructions Workers (Regulation of

B. Labour Laws Indirectly related to Construction Industry

i. The Employees Compensation Act, 1923 (Act No. 8 of 1923)

ii. The Trade Unions Act, 1926 (Act No. 16 of 1926)

iii. The Payment of Wages Act, 1936 (Act No. 4 of 1936)

iv. The Industrial Disputes Act, 1947 (Act No. 14 of 1947)

v. The Minimum Wages Act, 1948 (Act No. 11 of 1948)

vii. The Employees Provident Funds and Miscellaneous Provisions Act,

viii. The Maternity Benefit, 1961 (Act No. 53 of 1961)

Bonus is something given in addition to what is ordinarily received by or strictly due

xi. The Payment of Gratuity Act, 1972 (Act No. 39 of 1972)

Gratuity is a lump sum payment as a retiral benefit after superannuation or on

xii. The Equal Remuneration Act, 1976 (Act No. 25 of 1976)

xiii. The Sexual Harassment of Women at Workplace (Prevention, Prohibition

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and

C. Four New Labour Codes

i. The Code on Wages, 2019 (No. 29 of 2019)

i. The Code on Wages, 2019 (No. 29 of 2019)

ii. The Industrial Relations Code, 2020 (No. 35 of 2020)