Social Justice Regarding Labour

Law and the Constitutional

Perspective of Labour Law
By Kunal, Tushar, Suhani, Adarsh, Raj, Ifra
 1. Social Justice and its Relation to
Labour Law
2. Constitutional Provisions

Labour Law
supporting Labour Law
3. Landmark Cases regarding Social
Justice and Labour Law
4. Recent Developments with
Regards to Labour Law
Introduction
The term “social justice” in itself is rather wide and vague. It refers to equality and
justice in terms of distribution of wealth, opportunities, and privileges within a society.
India's industrial revolution, like others, led to exploitation. Long working hours,
unsafe conditions, child labor, and low wages became rampant. Workers had little legal
recourse against these abuses. Workers had little legal recourse against these abuses.
Social Justice, in relation to Labour Law, consists of but is
not limited to:
Non-Discrimination :

Social justice mandates that all workers are treated equally, without discrimination based on
gender, race, caste, religion, or other characteristics. Labour laws ensure that discriminatory
practices are prohibited, fostering an inclusive workplace where diversity is respected.

Fair Wages:

It ensures that workers receive fair compensation for their labour. Laws like the Act, 1948, are
designed to prevent exploitation by guaranteeing a minimum wage.

Equal Opportunities:

Social justice promotes equal opportunities for all workers in terms of hiring, promotions, and
access to training and development. This helps in reducing inequalities and promoting
meritocracy.
Gender Equality:
It addresses issues like the gender pay gap and ensures that women have the same
opportunities and protections as men in the workplace.

Right to Safe Working Conditions:

Social justice ensures that workers have the right to a safe and healthy working environment.
Laws like the Occupational Safety, Health and Working Conditions Code, 2020, are aimed at
protecting workers from hazardous conditions.

Right to Social Security:

It includes provisions for social security benefits such as pensions, health insurance, and
unemployment benefits, ensuring that workers are protected in times of need.

Collective Bargaining:
Social justice supports the right of workers to form unions and engage in collective
bargaining.This empowers workers to negotiate better terms of employment and working
conditions.

Legal Protection:
It provides legal frameworks that protect workers from unfair dismissal, harassment, and other
forms of exploitation.
 CONSTITUTIONAL PROVISIONS SUPPORTING LABOUR LAWS
India’s Constitution provides a robust framework for labour laws, ensuring the
protection and welfare of workers. Key provisions include:

Right to Equality (Article Right Against Exploitation Right to Work (Article 41): Directive Principles of State
14): (Articles 23 and 24): Policy (Articles 38, 39, 42,
43, 43A):

Ensures equality before the
law and equal protection of
the laws within the
territory of India.
Prohibits human Directs the state to make
trafficking, forced labour, effective provisions for
and child labour. securing the right to work,
education, and public
assistance in cases of
unemployment, old age,
sickness, and disablement.
These articles guide the
state in formulating
policies to ensure social and
economic justice, including
fair wages, humane
working conditions, and
participation of workers in
management.
Key Labour Legislation in India
1. The Industrial Disputes Act, 1947:

This act provides for the investigation and settlement of industrial disputes, ensuring industrial peace and
harmony by addressing issues like strikes, lockouts, layoffs, and retrenchments.

2. The Minimum Wages Act, 1948:

Establishes minimum wage rates for different types of employment, ensuring that workers receive fair
compensation for their labour.

3. The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952:

Provides for the institution of provident funds, pension funds, and deposit-linked insurance funds for employees
in factories and other establishments.
4. The Payment of Gratuity Act, 1972:

Ensures that employees receive a gratuity payment upon retirement, resignation, or death, provided they have
completed at least five years continuous service.

5. The Code on Wages, 2019:

Consolidates and simplifies the provisions of four labour laws related to wages, including the Minimum Wages
Act, Payment of Wages Act, Payment Of Bonus Act, and Equal Remuneration Act.

6. The Occupational Safety, Health and Working Conditions Code, 2020:

Aims to regulate the health, safety, and working conditions of workers in various establishments, ensuring a safe
and healthy working environment.

These constitutional provisions and key legislations collectively aim to protect workers’ rights, promote fair
treatment, and ensure safe and equitable working conditions in India.
 Now let’s look at a few case laws
and see what principles they helped
to establish
Bandhua Mukti Morcha vs. Union of India (1984):
In this landmark case, the Supreme Court of India addressed the issue of bonded
labour. The court recognized bonded labour as a form of modern slavery and a
violation of fundamental human rights. The judgement emphasized the right to live
with human dignity, which is enshrined in Article 21 of the Constitution. The court
mandated the government to identify, release, and rehabilitate bonded labourers,
ensuring their right to live with dignity and freedom.
Vishaka vs. State of Rajasthan (1997):
This case was pivotal in addressing sexual harassment at the workplace. The Supreme
Court laid down the Vishaka Guidelines, which provided a framework for preventing
and addressing sexual harassment. These guidelines mandated the establishment of a
complaints committee, headed by a woman, in every workplace. The guidelines were
later codified into law through the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013.
Olga Tellis vs. Bombay Municipal Corporation (1985):
In this case, the Supreme Court recognized the right to livelihood as an integral part of
the right to life under Article 21. The court ruled that the eviction of pavement
dwellers without providing them alternative accommodation violated their right to
livelihood. This judgment underscored importance of ensuring that any action by the
state that affects the livelihood of individuals must be just, fair, andreasonable.
Gujarat Steel Tubes Ltd vs Gujarat Steel Tubes Mazdoor Sabha
In this case, the Supreme Court tackled the issue of worker termination on illegal grounds in Gujarat
Steel Tubes Ltd. vs Gujarat Steel Tubes Mazdoor Sabha. The company dismissed employees who
participated in a strike, arguing it was illegal and constituted misconduct. However, the Mazdoor Sabha,
the workers' union, contested this, claiming the strike was a response to the company's unfair labour
practices.

Examining the case, the Supreme Court found the company's actions disproportionate and lacking
adherence to fair treatment principles. Recognizing the importance of a balanced approach in labour
relations, the court ruled for the workers' reinstatement. This decision emphasized the need for due
process in industrial disputes and highlighted the commitment to social justice within labour law. The
case serves as a reminder that workers have the right to protest unfair practices, but employers also have
a legitimate interest in maintaining order. This landmark case continues to shape labour relations in
India, promoting a just and equitable work environment.
 RECENT DEVELOPMENTS WITH
REGARDS TO LABOUR LAWS:

Labour Codes 2020:

The Indian government consolidated 29 labour

laws into four comprehensive labour codes to
simplify and modernize labour regulations:
 1. Code on Wages
Objective: To regulate wage and bonus payments across all sectors.
Key Provisions:
Minimum Wages: Establishes a universal minimum wage for all workers, ensuring fair
compensation.
Timely Payment: Mandates timely payment of wages, with specific deadlines for
different types of employment.
Equal Remuneration: Ensures equal pay for equal work, irrespective of gender.
Bonus Payments: Regulates the payment of bonuses to employees, including eligibility
criteria and calculation methods.
 2. Industrial Relations Code
Objective: To govern the relationship between employers and employees, focusing on
dispute resolution and collective bargaining.
Key Provisions:
Trade Unions: Simplifies the registration process for trade unions and strengthens their
role in collective bargaining.
Dispute Resolution: Establishes mechanisms for the resolution of industrial disputes,
including conciliation, arbitration, and adjudication.
Layoffs and Retrenchment: Sets out procedures for layoffs, retrenchment, and closure
of establishments, including compensation and notice requirements.
Standing Orders: Mandates the formulation of standing orders for industrial
establishments, detailing the terms and conditions of employment.
 3. Social Security Code
Objective: To extend social security benefits to all workers, including those in the
unorganized sector.
Key Provisions:
Universal Coverage: Expands social security coverage to include gig and platform
workers, as well as unorganized sector workers.
Social Security Schemes: Introduces various social security schemes, such as health
insurance, maternity benefits, and old-age protection.
Provident Fund and Gratuity: Regulates the Employees’ Provident Fund and gratuity
payments, ensuring financial security for workers.
National Social Security Board: Establishes a National Social Security Board to oversee
the implementation of social security schemes.
 4. Occupational Safety, Health and Working Conditions
Code
Objective: To ensure safe and healthy working conditions for workers across various
sectors.
Key Provisions:
Health and Safety Standards: Sets out comprehensive health and safety standards for
workplaces, including provisions for clean drinking water, sanitation, and ventilation.
Working Hours and Leave: Regulates working hours, overtime, and leave entitlements,
ensuring a balance between work and personal life.
Welfare Facilities: Mandates the provision of welfare facilities, such as canteens,
first-aid, and crèches, in establishments.
Inspection and Enforcement: Strengthens the inspection and enforcement mechanisms
to ensure compliance with safety and health standards.
Thank You