LABOUR LAW study material

LABOUR LAW study material
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  LABOUR AND INDUSTRIAL LAW 1 PAPER CODE - K-402 PART I - EVOLUTION OF INDUSTRIAL LEGISLATION IN INDIA QUEST:- DESCRIBE THE EVOLUTION OF INDUSTRIAL LEGISLATION IN INDIA? ANS:- EVOLUTION OF INDUSTRIAL LEGISLATION IN INDIA  The law relating to labour and employment is also known as Industrial law in India. The history of labour legislation in India is interwoven with the history of British colonialism. The industrial/labour legislations enacted by the British were primarily intended to protect the interests of the British employers. Considerations of British political economy were naturally  paramount in shaping some of these early laws. Thus came the Factories Act. It is well known that Indian textile goods offered stiff competition to British textiles in the export market and hence in order to make India labour costlier the Factories Act was first introduced in 1883 because of the pressure brought on the British  parliament by the textile magnates of Manchester and Lancashire. Thus India received the first stipulation of eight hours of work, the abolition of child labor, and the restriction of women in night employment, and the introduction of overtime wages for work beyond eight hours. While the impact of this measure was clearly welfares the real motivation was undoubtedly  protectionist. The earliest Indian statute to regulate the relationship between employer and his workmen was the Trade Dispute Act, 1929 (Act 7 of 1929). Provisions were made in this Act for restraining the rights of strike and lock out but no machinery was provided to take care of disputes. The srcinal colonial legislation underwent substantial modifications in the post-colonial era  because independent India called for a clear partnership between labor and capital. The content of this partnership was unanimously approved in a tripartite conference in December 1947 in which it was agreed that labor would be given a fair wage and fair working conditions and in return capital would receive the fullest co-operation of labor for uninterrupted production and higher productivity as part of the strategy for nation al economic development and that all concerned would observe a truce period of three years free from strikes and lockouts. Ultimately the Industrial Disputes Act (the Act) brought into force on 01.04.1947 repealing the Trade Disputes Act 1929. Constitutional provisions with regard to labor laws The relevance of the dignity of human labor and the need for protecting and safeguarding the interest of labor as human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24)  LABOUR AND INDUSTRIAL LAW 2 and Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental Rights and Directive Principles of State Policy. The legislations can be categorized as follows: 1) Labour laws enacted by the Central Government, where the Central Government has the sole responsibility for enforcement. 2) Labour laws enacted by Central Government and enforced both by Central and State Governments. 3) Labour laws enacted by Central Government and enforced by the State Governments. 4) Labour laws enacted and enforced by the various State Governments which apply to respective States. The Constitution of India provides detailed provisions for the rights of the citizens and also lays down the Directive Principles of State Policy which set an aim to which the activities of the state are to be guided. These Directive Principles provide: a. for securing the health and strength of employees, men and women;  b. that the tender age of children are not abused; c. that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; d. just and humane conditions of work and maternity relief are provided; and e. that the Government shall take steps, by suitable legislation or in any other way, to secure the  participation of employee in the management of undertakings, establishments or other organisations engaged in any industry.  NOTES --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------  LABOUR AND INDUSTRIAL LAW 3 PART II - INDUSTRIAL DISPUTE ACT, 1947 QUEST: WHAT IS THE SCOPE, FEATURES AND OBJECTS OF INDUSTRIAL DESPUTE ACT, 1947? ANS:- SCOPE OF THE ACT The scope of the Industrial Disputes Act, 1947 is to make provision for the investigation and settlement of Industrial Disputes and certain other purposes. The words ―for certain purposes‖ essentially refer and include prevention of Industrial Disputes also as is clear from the Statement Objects and Reasons. Thus two institutions prescribed for the prevention and settlement of Industrial Disputes, provided for in the Bill are the Works Committees consisting of representative of employers and workmen and Industrial Tribunals. In the Industrial Disputes Act, 1947, the preliminary chapter defines various terms used in the Act. There was a controversy in the circles of labour management about the correct interpretation of some of those terms like ‗industry‘, ‗Industrial Dispute‘ and workmen because it is on the current interpretation of these terms that the applicability of the provisions depend as a matter of fact, some of the terms are so inter dependent that it could be difficult to interpret and applying any one in is olation. The reason is very simple. One cannot call a ‗Dispute‘, and ‗Industrial Dispute‘ unless the establishment or the undertaking in which that the dispute arisen is an ‗industry‘ and the employers of the establishment ‗workmen‘ within the meaning of t he Act. OBJECT OF THE ACT The objects of the Industrial Disputes Act, 1947 are given below:    To provide for prevention of industrial disputes through works committees;    To provide for investigating the industrial disputes through Court of Inquiry;    To provide for the settlement of industrial disputes through a three tier system of Labour Courts, Industrial Tribunals and National Tribunals;    To impose prohibition on commencement or continuation of strike and lock out during specified period;    To provide for payment of compensation in case of lay  –   off, Retrenchment and Closure;    To define and prohibit the unfair labour practices. MAIN FEATURES OF THE ACT The main features of the Act are as follows:    This act extends to the whole of India including the state of Jammu and Kashmir  LABOUR AND INDUSTRIAL LAW 4    It encourages arbitration over the disputes between employers and employees.    It provides for setting up of works committees as machinery for mutual consultation  between employers and employees to promote cordial relation.    This Act paved the way for setting up permanent conciliation machinery at various stages having definite time limits for conciliation and arbitration.    This Act emphasis on compulsory adjudication besides conciliation and voluntary arbitration of Industrial Disputes  NOTES --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------  LABOUR AND INDUSTRIAL LAW 5 QUEST:- DEFINE INDUSTRY ANS:- DEFINITION OF INDUSTRY Section 2(j) of the Industrial Disputes Act, 1947   defines the term ‗industry‘, as any  business, trade, undertaking, manufacture, calling of employers, and includes any calling, service, employment, handicraft, industrial occupation or avocation of workmen. It is to be mentioned here that according to the phraseology of this definition one can easily  brand any business activity or trade as an industry in order to attract the provisions of the Industrial Disputes Act, 1947.  Normally speaking by industry it is meant production of goods, and wealth and with the cooperation of labour and capital, but it is not so under this Act. The Courts have given different meaning to this concept at different times, and actually, the interpretation has always depended on predictions of individual Judges. For the first time such a situation arose in the case of Budge Municipality Vs P.R. Mukerjee  when Mr. Justice Chandra Shekara Iyer of the Supreme Court was asked to decide whether the Municipality is an industry within the meaning of the Industrial Disputes Act, 1947. The fact of this case was that two employees of the Municipality who were the members of Municipality Workers Union were suspended by the Chairman on the charges of the negligence, insubordination and indiscipline. The workers were dismissed from the service saying that their explanations were unsatisfactory. The union questioned the dismissal and the matter was referred by the Government of West Bengal to the Industrial Tribunal for adjudication. The Tribunal directed the workers reinstatement in their respective offices by making an award saying that suspension of two employees was of victimization. The Municipality under Article 226 of the Indian Constitution took the matter to the High Court. The petition was dismissed and leave was granted under Article 132(1) of the Indian Constitution to make an appeal to the Supreme Court. The definition of industry is in two parts. The first part says that ‗industry‘ means any business, trade, undertaking, manufacture or calling of employers and the second part of the definition of ‗industry‘ says that it includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen. In the case of Madras Gymkhana Club, Employees Union Vs Management of Madras Gymkhana Club , it was observed that ― if the activity can be described as an industry with reference to the occupation of the employers, the ambit of the industry, under the force of the second part takes in the different kinds of activity of employees mentioned in the second part. But the second standing alone cannot define industry. By the inclusive part of the definition the labour force employed in any industry is made an integral part of the industry for the purpose of
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