Constitutional Perspective

Labour Laws
• Need of Labour Laws
• Social Scenario
• Constitutional Position
• Law making power
• Reforms
• Labour Codes
• Adjudicatory Bodies
 Labour Law
Constitutional Position
Preamble
Part III and Part IV
Progressive realisation
Egalitarian society
 Labour Law
• Law making power
– Concurrent List
Entry 22 – Trade Union and Labour Disputes
Entry 23 – Social security, Insurance, Employment
and Unemployment.
Entry 24 – Welfare of labour including conditions
of work, provident funds, employer’s liability,
workmen’s compensation, old age pension and
maternity benefits.
 National Labour Commission - 1969
• State obligation under the Indian Constitution
• Categorization of industries as essential and non essential for
the purpose of strikes and lockouts.
• Constitution of Industrial Relations Commission on
permanent basis both at the state level and the centre for
adjudication in industrial disputes, conciliation, and
certification of unions.
• It laid down the procedure for the settlement of disputes.
• Recognition of trade unions.
• The strengthening of trade unions, the strengthening of
collective bargaining.
 National Labour Commission - 2002

• Impact of Economic Policy 1991

• Flexibility and rationalisation of existing laws
• Regulation for unorganised sector
• Trade Union for unorganised sector
• No exemption in Zones or SEZ
• Fixation of Minimum wage
• Regulation of illegal strikes and lock out
 Labour Law
• Labour Codes (44 Legislations)
– Labour Code on Social Security 2018
– Labour Code on Industrial Relations 2015
– Labour Code on Wages 2017
– Labour Code on Occupational safety and working
conditions 2018
 New Labour Codes
• The Industrial Relations Code 2020
• The Occupational Safety, Health and Working
Conditions Code, 2020
• The Code on Social Security, 2020
• The Code on Wages, 2019
 Fundamental Rights
• Article 14
– Reasonable classification
– Equal Pay for equal work
Randhir Singh v. UOI 1982 (Equal Pay).
Dhirendra Chamoli v. State of UP 1986 (Casual
workers employed on daily wage basis).
Daily Rated Casual Labour v. UOI 1988 (Daily rated
casual labourers must get minimum wage).
 Contd…
• F.A.I.C & CES v. UOI 1988 ( Different pay
scale may be fixed on the basis of
difference in degrees of responsibilities,
reliability and confidentiality).
• Gopika Ranjan Chaudhary v. UOI 1990 SC
1212 (Different pay scales for employees
attached to the headquarters and units –
discriminatory).
 Contd..
• State of Orissa v. Balram Sahu 2003 SC 33
(Casual and regular employees cannot claim
same salary).
• Mewa Ram v. AII Medical Science 1989 SC
1256 (Duties and functions are similar but if
the educational qualification prescribed for the
two posts are different and difference in
measure of responsibilities – different pay may
be given.
 Art.19

• Damayanti v. UOI 1971 SC 966

– Right to association & continue in the association is a
right. Law takes away the membership of those who
have voluntarily joined it. Such laws are valid.

– P. Balakotiah v. UOI 1958 SC 232

• Membership in Communist party – Railway servant –
Termination order is not in contravention of Art. 19 (1) (c).
 Labour Law
• Art. 15 & 16
• Art. 21
– Maneka Gandhi v UOI 1978 SC 597
– Francis Coralie v. Union Territory of Delhi 1981 SC
746.(Not mere animal existence).
– Olga Tellis v. Bombay Municipal Corp. 1986 SC 180
• Right to livelihood
 Labour Law
• Delhi Development Horticulture Employee’s
Union v. Delhi Administration 1992 SC 789
– Jawahar Rozgar Yojana – regularisation – no right
of regularisation – U/A 41.
D.K Yadav v. J.M.A. Industries 1993
Due process – on termination of employment.
 Labour Law
• Article 23
– Slavery , trafficking, forced labour
– Not only against the State but also against the
private entities.
 Directive Principles
• Art. 38 – Promote welfare of people
• Art. 39 – Social security measures
• Art. 41 – provision for employment
• Art. 42 – Just and humane conditions of work
and maternity relief.
• Art. 43 – Living wage
• Art. 43 A – Secure participation in
management of undertaking.
 Women Employees
• Art. 15(3)
• Muthamma v. Union of India 1979
• Air India v. Narghesh Mirza 1981
• Vishaka v. State of Rajasthan 1997
 Adjudicating Bodies
• Disciplinary Action (Administrative)
• Authorities
– Executive
– Quasi – Judicial
– Judicial