Course: PGDLL-05

Vardhaman Mahaveer Open University,

Kota

Industrial Jurisprudence
And
International Labour Organization

1
 Course Development Committee
Prof. (Dr.) Leela Ram Gurjar
Director (Academic) Chairman
Vardhaman Mahaveer Open University, Kota
Convener and Members
Dr. Yogesh Sharma Prof.( Dr.) H.B. Nanadwana.
Convener, Department of Law Director, SOCE
Vardhaman Mahaveer Open University, Kota Vardhaman Mahaveer Open University, Kota

1. Prof. B.L. Verma 2. Prof. Krishan Bahadur

University of Studies in Law Deptt. Of Law
University of Rajasthan, Jaipur Banaras Hindu University, Varanasi
3. Prof. N.V. Paranjpe 4. Prof. I.P. Massey
Dean, Law Faculty Chairman, Law Faculty
Barkattulla University, Bhopal Himachal Prades University, Shimla
5. Mr. Sudhir Kher (Retd.) Revision Dr. Yogesh Sharma, VMOU, Kota
Department of Law, VMOU, Kota Prof. V.K. Sharma, JNVU, Jodhpur
Prof. C. M. Chaudhary, (Retd) Jaipur

Editing and Course Writing

Editors Prof. Krishna Bahadur

Dr. Yogesh Sharma, Convener- Law BHU, Varanasi
Vardhaman Mahaveer Open University,

Course Writing
1. Prof. Krishna Bahadur, BHU, Varanasi 6. Mrs. Raj Bhanti, Udaipur
2. Dr. R.L. Bhatt, Su. Uni. Udaipur 7. Mr. M.M. Jain, Kota
3. Mr. R.N. Prasad, JNV Uni. Jodhpur 8. Dr. Pahwa, Uni. of Raj. Jaipur
4. Mr. A.K. Mishra, Gorakhpur 9. Dr. L.C. Dhingra, MDSU, Rohtak
5. Mr. K.D. Sharma, Kota 10. R.K. Sharma, Advocate, Jaipur
Academic and Administrative Management

Prof. Vinay Kumar Pathak Prof. (Dr. Leela Ram Gurjar Prof. (Dr.) Karan Singh
Vice Chancellor Director (Academic) Director (Material Prodection)
Vardhaman Mahaveer Open Vardhaman Mahaveer Open Vardhaman Mahaveer Open
University, Kota University, Kota University, Kota

ISBN : 13/978-81-8496-414-1
All Rights reserved. No part of this book may be reproduced in any form by mimeograph or any other means without the
Permission in writing from the V.M. Open University, Kota
Printed and published on behalf of the Registrar, V.M. Open University, Kota
Printed by :

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 Vardhaman Mahaveer Open University, Kota
Industrial Jurisprudence and
International Labour Organization

Unit No. Unit Name Page No.

Unit-1 Conceptual Aspects of Labour Jurisprudence 6

Unit-2 Social Justice 20

Unit-3 Natural Justice 43

Unit-4 Constitution and Labour 63

Unit-5 Public Interest Litigation 80

Unit-6 I.L.O. (Genesis, Aims and Objectives) 92

Unit-7 I.L.O.(Structure and Officers) 107

Unit-8 I.L.O. (International Labour Code) 123

Unit-9 I.L.O. (Standard Setting) 130

Unit-10 I.L.O. (Regional Conferences) 145

Unit-11 I.L.O. (I.L.O. and India) 162

Unit-12 I.L.O. (I.L.O. and Human Rights) 181

Unit-13 I.L.O. (Achievements, Problems and Prospects 205

Unit-14 Tripartism (Part-i) 218

Unit-15 Tripartism (Part-ii) 236

Unit-16 Case Laws 257-280

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 LL-5 Course Introduction
This course is conceived and produced for the students of PGDLL who need
to study different aspects of industries and Labour .It will provide understanding,
skill and elementary knowledge of Labour and Industrial Laws along with
Personnel Management .It will train learner for career as labour, industrial and
personnel professionals .It will also inculcate the understanding of national and
International dimensions of these fields.

This Block contains Sixteen Units. First Unit will introduce you with
conceptual aspect of labour jurisprudence, its evolution and its importance .In
second unit you will be able to appreciate the concepts of social justice and its
underlying principles. Similarly unit three is related to Natural Justice .You should
be able to appreciate the underlying concepts of it, apply the process of natural
justice and involve policies and actions in the context of industries.

Unit four will introduce with underlying objects of Constitution of India for
labour and industries. You will also appreciate constitutional remedies available in
case of violation of constitutional provisions related with labour. Unit fifth will
introduce you with Public Interest Litigations. It is a method used to redress public
grievances.

Unit sixth will make you understand the objectives and underlying conceptual
analysis of ILO. It will help you evaluating the functions performed by ILO and its
Member States through its agencies. Unit seventh will introduce you with
characteristics, powers, functions and objectives of the International Labour
Conference, Governing Body and International Labour Office. Unit eighth will
introduce you with the concepts of I.L. Code, its meaning, nature, scope and
importance in development of labour and industries. It will also introduce you
about the applicability of various conventions and recommendations adopted and
applied in India. Unit ninth will help you in identifying the ILO Standard Settings
which are designed as conventions and recommendations and its minimum
standard shall be observed in all the domains.

4
 Unit tenth discusses the nexus and objectives between International Labour
Organization and the Regional Conferences. Unit eleven will help you in
appreciating the underlying concept of ILO and process of technical cooperation. It
will help you in knowing India’s role and impact of policies of ILO on India. Unit
twelfth will introduce you with concept of Human Rights and Universal
Declaration of Human Rights and ILO and Human Rights as put forth by ILO. Unit
Thirteen will introduce you with achievement, problems and prospects faced by
ILO.

Unit fourteen and fifteenth will introduce you will origin, concepts and forms
of Tripartism in industrial relations. You will also appreciate the role of tripartite
machinery in India. It will also introduce you with voluntary arbitration and code
of discipline in the industries. The last unit sixteenth is case laws to appreciate
judicial analysis with special reference to Industrial Relations and Labour
Jurisprudence.

5
 UNIT-1
Conceptual Aspects of
Labour Jurisprudence
Objectives :-
After going through this unit you should be able to:
 Appreciate the conceptual aspect of labour jurisprudence.
 Its meaning, evolution and its importance.
 Labour Jurisprudence and Indian legislations.

Structure :
1.1 Introduction
1.2 Conceptual Aspects of Labour Jurisprudence.
1.3 Meaning
1.4 Importance of labour jurisprudence.
1.5 Summary Meaning and Evolution
1.6 Self Assessment Test.
1.7 Key words
1.8 Suggested Readings.

1.1 INTRODUCTION
This unit has been prepared to acquaint you with the conceptual aspects of
labour jurisprudence its meaning, evolution and importance.
Labour jurisprudence is one of the importance aspects of the province of
jurisprudence. The term “jurisprudence” denotes knowledge of law. The subject-
matter of law is human behavior. Towards the end of nineteenth century,
changing human have brought many changes in the human perceptions. As a
result, jurisprudence today is envisaged in an immeasurably broader and more
6
sweeping sense than that in which Austin understood it. At present jurisprudence
may tentatively be described as any thought or writing about the law and its
relation to other discipline, such as philosophy, psychology, economics,
anthropology etc. To some jurist, jurisprudence is the examination of law in light
of other discipline. Accounting to Prof. Julius Stone, jurisprudence then in the
present hypothesis is the lawyers’ extra version. It is lawyers’ examination of the
precepts, ideals and teaching of law in light of the knowledge derived from
present knowledge in discipline other than law. To be master of any branch, you
must master those which lie next (see Julius Stone: Province of
Jurisprudence).Thus the study of law also requires the study of other branches of
knowledge which had bearing on the knowledge of law. Various branches of
Jurisprudence have therefore, developed in the halls of jurisprudence, such as
medical jurisprudence, dental jurisprudence, equity jurisprudence and sociological
jurisprudence and labour jurisprudence etc. Here our discussion is only confined
to the labour jurisprudence, its meaning and evolution etc.

1.2 CONCEPTUAL ASPECTS OF LABOUR

JURISPRUDENCE

The industrial revolution in England and elsewhere opened new vistas of

knowledge in the wake of scientific and technological development. Within the
nations, new forces reared their heads to claim their rights and powers. The
exploitation of labour arose out of industrialization. The Industrialization created
the capitalist employer and factory workers on one side a class of men acquiring
wealth, power and privileges through organizing and hiring of labour and on the
other side, a body of the wage-earners, giving their labour on hire forced into a
practical economic dependence by necessity of subsistence and lack of capital
ambitions, enterprises or organizing skill on third account. Thus, the exploitation
of labour was expressed in several ways and there was a demand for amelioration
of working conditions of labour. This impulse had been expressed I three ways,
i.e. rise of trade unions, the emergence of humanitarian or reformist class and the
rise of socialist thinking. From the beginning of the nineteenth century, until (and
including) 1st World War, a line of thinking developed which was favorable to the

7
international legislation of labour of labour- and to a permanent international
organization specifically devoted to legislation arose as early as in the 19th century
as a result of ethical and economic reflection on the human cost of industrial
revolution. Such legislation was supported by a number of outstanding industrial
chiefs such as Robert Owen and Daniel Le Grand, by the politician Charles
Hindley, the doctor of Hygiene, Louis Rene Villerme and the economist J.A.
Blanqui Sr. and Daniel Mareska. There were three arguments in favor of such
legislation. First argument pointed out that the necessity of improving the harsh
lot of the working class who suffered both materially and morally. The second
argument more political emphasized the importance of consolidating social peace
in industrial countries. Third argument was economic and sought to make it clear
that an international regulation of labour would prevent countries which had
protective legislations in labour matters from paying doubly for their social
policies in the form of economic disadvantage in international trade. In other
word, international regulation would allow equalizing of conditions for
international trade.

During the First World War, several international meetings of trade unions
took place and the participants at those meeting argued for the creation of an
international institution specialized in the domain of working conditions.

All these argument resulted in the creation of an International Labour

Organization (ILO) at the Peace Conference of 1919 at Paris (i.e. after 1st World
War). The constitution of ILO contained the spirit of these arguments and those
were further clarified in the Declaration of Philadelphia. These fundamental
principles are

(a) labour is not a commodity ;

(b) freedom of expression and of association are essential to sustain

progress;

(c) poverty anywhere constitutes a danger to prosperity-everywhere;

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 (d) the war against want requires to be carried on with unrelenting vigor
within each nation, and by continuous and concerted international efforts in which
the representatives of workers and employers, enjoying equal status with those of
governments, join with them in free discussion and democratic decision with a
view to promote the common welfare.

These fundamental principles still provide ideological basis for the ILO. The
constitutive act for the ILO was elaborated and Commission of International
labour organization set-up the Peace Conference in Paris in 1989. It immediately
constituted Part XIII of the Treaty of Versailles. Created as an independent body
under the aegis of the League of Nations (and after its dissolution, working as an
agency of U.N.), the ILO has worked with dynamism and become a source of
inspiration and energy to its member-states. The ‘Universal Peace’ and ‘Social
Justice’ are the main objective of the ILO. It was in fact, the culmination of
efforts made for over a century starting from Robert Owen in the early years of
19th century when he visualized the international cooperation in safeguarding
conditions of life and labour. There were forty-two original members of the ILO,
including India along with Iran (Persia), Japan and Thailand (Saim) from Asia.
The current membership of the ILO comprises one hundred and seventy of the
world.

Its Tripartite Structure –States, Employers and workers representation-has

enabled it to frame international labour standards in the Conventions and
Recommendations to regulate various aspects of conditions of life and labour and
the mutual relationship between labour and management. During the period
between1919 to 1994, the ILO adopted 175 Conventions and 182 recommendations
on various aspects of labour management relations and other allied subjects. The
aim of these texts has been to promote the material and moral interest of workers.
The major Conventions of the ILO relate to freedom of Association, Abolition of
forced labour, non-discrimination, equal remuneration, employment policy, social
security, migrant workers, labour inspection, tripartite consultation, prevention of
major industrial accidents etc.

9
6. Under Article 19 of the ILO’s Constitution, each of its member-states is
under obligation to ratify these conventions within the stipulated period of time and
to inform the Director General of the ILO office of the measures taken in light of
these Conventions.

These Conventions and Recommendations have been codified under the title
“International Labour Code” with a view to serving as model code for its member-
States. These standards have now been ‘one of the main formative influences on
the development of social legislations in many (member) courtiers for decades’. A
new Edition of this Code is available in the name of International Labour
Conventions and Recommendations’ 1919-1991 which has been published by the
ILO office Geneva in year 1992.

INDIA AND LABOUR LEGISLATION

The imprints of the Preamble of the Constitution of the ILO can be traced in
the Preamble of the Constitution of India. For instance, the Preamble of the ILO
emphasis “Whereas reversal and lasting peace can be established only if it is based
upon the social justice. Whereas the preamble of the constitution of India assures
the citizens of India with justice-social, economic and political, the similarity of the
approach is the common feature between the Constitution of India and that of the
approach is the common feature between the Constitution of India and that of the
ILO including its Philadelphia Declaration of 1944. The part III and part IV of the
Constitution of India provide for the welfare of the working class. The goals set out
in the Constitution of India are mainly (i) to direct the ‘State’ to promote the
welfare of the people by securing and protecting as effectively as it may a social
order in which justice, social, economic and political shall inform all the
institutions of national life and to minimize the inequality in status, facilities and
opportunities of national life and to minimize the inequality in status, facilities and
opportunities etc. (ii) to endeavor to secure by suitable legislation or any other way
to all industrial workers conditions of work ensuring a decent standard of life and
full enjoyment of leisure; (iii) to direct states policy, securing inter alia, the health
and the strength of workers; (iv) to direct the state to provide a living wage to the

10
industrial workers and (v) to secure the participated of workers in the management
of industries or under takings or other organizations engaged in any industry (See
Articles 38, 39,40,41,42,43 & 43-A of the Part IV of the Constitution).

In the words of Justice V.R. Krishna Iyer, these Directive principles play
the tune in favor of the workers and they speak of living wage, decent standard and
workers’ participation in management. The industrial Jurisprudence is the value
vision of all this…… 1

In his Bank Award, Justice Gajendra gadker stressed the role of law for
removing socio-economic inequalities in the country and observed:

“The Genesis and the Justification of all industrial legislations in a modern

democratic state lies in the anxiety of the state to establish a social equality
amongst all citizens. It may but that when a modern democratic state enacts laws
for the purpose of establishing a socialistic pattern of society, some of its
legislations may appear to bridge freedom of contract, of even private right to own
property .But if the economic inequalities have to be removed, it would be
necessary to realize that old notions of absolute freedom of contract and absolute
right of own property must yield to what Justice Holmes described as the felt
necessities of the time, that is why it seems to me that the trade and business must
adjust themselves to the requirements of a welfare state and must be prepared to
cooperate with regulatory laws in regard to industrial disputes without any mental
reservation’ (See Report of Bank Award Commission, pp,24-25 (1995)), Thus with
the expansion of Socio- economic jurisprudence, as stated above, a new industrial
or labour jurisprudence emerged in the country especially after 1950. In this
context, Justice Gajendra gadkar has rightly observed: “The growth of Industrial in
India since 190 bears a close resemblance to the growth of Constitutional law in
relations to fundamental Rights to Citizens,” (See National Commission on Labour
Report, (1969) at Chapter 23).

1
(See Gujarat Steel Co. v. Gujarat Steel Tube Co. Majdoor Sabha, 1980 I LLJ 137 (SC).)

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 After we attained freedom from British Rule, the Government of India
adopted a labour policy which was designed to promote welfare of the labour.
According a host of labour legislations were enacted by the Indian Parliament such
as industrial Despites Act, 1947; Minimum Wages Act,1948; Factories Act,1948;
Equal Remuneration Act,1976 Bonded Labour Abolition Act, 1976; Inter-state
Migration Act, E.S.I. Act,1948; Payment of Gratuity Act,1972; P.F. Act,192;
Maternity Benefits Act,1961 etc. The existing laws such as Trade Union Act, 1926,
Payment of Wages Act, 1936; Workmen’s Compensation Act, 1923 etc. are there
to guide. Since the subject of labour is in Concurrent List of the Seventh Schedule
appended to the Constitution, The State Government has also enacted several
labour legislations to promote the welfare of labour.

The Supreme Court of India has also expounded the labour law and has
developed various jurial postulates of industrial jurisprudence, while interpreting
the laws in relations to labour and management disputes. In many cases, where
there has been inactivity on the part of Legislature, the judiciary has stepped into
fill up the gap. For example, while expounding the meaning of the term “industry”
as containing in the Industrial Disputes Act,1947 Justice Krishna Iyer observed:

“The Fundamental focus of this industrial legislation and the social

perspective of part IV of the Paramount law derive us to hold that the dual goals of
the Act are contentment of the workers and peace in the industry. Judicial
interpretation should be geared to their fulfillment, not their frustration. A workers
– oriented statute must receive a construction where conceptually the key- note
thought must be the worker and community as the Constitution has shown concern
for them, inter alia in Articles 38,39 and 43 (43-A also).”According he enlarged the
scope of Industry, and covered every type of organized effort or activity in which
labour and capital cooperate to produce material goods or render material services
to the community at large. Through this process, the ambit of industrial or labour
jurisprudence has been expanded to include educational and organizations,
hospitals, and other organized activity2. The provocation for the judgment was the
inactivity of the Legislature. There are several other instances also.

2
(See Bangalore Water Supply and Sewerage Board V.A. Rajappa, AIR 1978 SC 548)

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 Thus, the law in relation to labour has developed in this country in a two-
fold manner i.e. through statutory law and the judicial law- making.

1.3 MEANING AND EVOLUTION OF LABOUR

JURISPRUDENCE

The term ‘Labour or industrial Jurisprudence’ primarily denotes a bass of

literature regarding Knowledge of law in relation to labour and industry, derived
from labour legislations, constitutional frame-work and the judicial law-making in
a given country.

Legislations and courts in India have both moved towards the common goal
of securing social justice, economic justice to labour and to other weaker sections
of the society. The Industrial Disputers Act, 1947 is a social legislation to resolve
the labour-management disputers in the industrial sector. The adjudicators under
the Act are required to settle the disputes in light of the statutory provisions and the
constitutional philosophy contained in the Constitution of India. Though the awards
of the adjudications are final, yet the aggrieved party is free to approach the high
Court under Article 226 and the Supreme Court under Article 136 of the
Constitution, as a matter of constitutional remedies. The two important decisions3
are of outstanding significance. The decision in Bharat Bank case (Supra) enabled
the Supreme Court to discuss the important questions involved in the industrial
adjudication and thus called upon “to guide the development of the industrial law
in the country.” With the result, the growth of industrial jurisprudence in India
since 1950 has been spontaneous. Explaining the nature of industrial jurisprudence,
justice Krishna Iyer has emotively stated. “Industrial jurisprudence is not static,
rigid and textually cold but dynamic bargaining and warm with life. It answers in
emphatic negative the biblical interrogation. What men is there of you if his son
asks bread will give him a stone ? the industrial Tribunals of India in areas

3
viz, western India Automobile Association v. Industrial Tribunal (1949 FCR 321) and Bharat Bank v. workmen of
Bharat Bank (1950 SCR 459)

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unoccupied by precise block letter law, go by the Constitutional mandate of social
justice in the claims f little people.”4

The province of industrial jurisprudence is very wide, its sweep is

Comprehensive. It covers a wide range of subjects relating to labour and
management relations. The Supreme Court and industrial adjudication has evolved
several jural postulates which now form the part of Industrial Jurisprudence in the
country such as

1. The old doctrine of freedom of contract and the “hire and fire” rule have
been replaced by the doctrine of social welfare, public policy and social
good.

2. That the labour should not be treated as a commodity but it should be

treated as real partners in the Industrial management5

3. That the Directive principles of State Policy should be the basis of the new
labour or industrial jurisprudence in the country. As a matter of fact, the
preamble, fundamental Rights and Directive Principles constitute the trinity
of the constitution, the social-economic justice, equality of status and of
opportunity with dignity of the person to all citizens.

4. That the state has intervened with the freedom of contract and interposed by
making statutory laws like……… social welfare and industrial laws and
statutory rules prescribing conditions of service and a host of other laws.

5. That in the matters of wage fixation, the old principles of freedom of

contract and the doctrine of laissez faire have yielded place to new
principles of social welfare and common good. There are three types or
categories of wages described as living wage, fair wage and minimum
wage. There is also one principle which admits of no exception. No industry

4
viz, western India Automobile Association v. Industrial Tribunal (1949 FCR 321) and Bharat Bank v. workmen of
Bharat Bank (1950 SCR 459)
5
(See Justice Krishna Iyer’s observation in Gujrat Steel Tube case-Supra).

14
 has a right to exist unless it is able to pay its workmen at least a bare
minimum wages.6

6. That the principle of region-cum-industry the doctrine that the minimum

wage is to be assured to labour, irrespective of the capacity of the employer
to bear the expenditure in this regard, the concept that the fair wage is
linked with the capacity of the industry, the rule of relevancy of comparable
concerns, the recognition of the totality of the basic wage and dearness
allowance that should be borne in mind in fixation of wage structure are all
well settled.7

7. That the aforesaid principles applies to private and public sector industries
and ventures having foreign collaborations.8 That the concept of bonus of
has acquired a special meaning and significance in the Indian Industrial
Jurisprudence. The Industrial adjudication has provided it contents and
meaning.9
In Associated Cement Co. v. their workmen, case10 the Supreme Court made
a Suggestion that the full bench formula evolve, should be given a legislative
shape. Consequently a Bonus Commission was constituted by the Central
Government and on its recommendation, the Payment of Bonus Act, 1965 was
enacted by the Indian Parliament. That Act Provides for statutory minimum Bonus
to the industrial workers. The Supreme Court has upheld the validity of the Act.
That in the matters of Gratuity also, the industrial adjudication has evolved
jural postulates for the benefit of industrial works.11 The broad approach of the
industrial tribunal vis-à-vis Gratuity is colored by social justice and informed by
educe gathered from the Supreme Court dicta or judgments.
10. That in the matters of service jurisprudence relating to termination of
service, the courts have controlled the management’s right to dismiss or discharge
or terminate the workmen and imposed restrictions based on the principles of social

6
(See Justice Gajendragadkar’s ruling in Crown Aluminum Works V. Their Workmen, 1967 II LLJ 53 (SC)).
7
(See Hindustan Antibiotics v. Their Workmen, AIR, 1967 SC 945 for further details).
8
(See Hindustan Antibiotic case (Supra) and Unichem Laboratories v. Their workmen- 1972 I LLJ 576).
9
(See Minakshi Mills v. their Workmen 1958 SCR 579); Lipton Ltd. V. Their Employees, AIR 1959 SC 576.) See also
Mill Owner’s Association, Bombay v. Rashtriya Mill Mazdoor Union, 1950 II LLJ 1247 for further elaboration in this regard.)
10
AIR 1959 SC 967,
11
See Indian Express News-papers (Bom.) v. Indian Express News-papers Employees’ Union Pvt. Ltd. 1978 II LLJ).

15
justice and fair –play. Now the reinstatement of the workmen is the normal rule in
case of wrongful dismissal or discharge , through in certain cases, adequate and
reasonable cash compensation may be paid to the workmen concerned in lieu of
reinstatement.12 That the industrial adjudication has also contained the freedom of
employer to impose any service condition as he likes. The service conditions of the
employees must be reasonable unless the employer justify any extra –ordinary
conditions.13 In This case, the Supreme, Court held that the Rule 8 (2) of the Indian
Foreign Service (Conduct and Discipline) Rules 1961 is in defiance of Article 16 of
the Constitution.14 wherein the Supreme Court held that the regulation regarding
pregnancy is invalid).

That the service regulation regarding termination of service by giving three

months’ notice and without assigning reason thereof is unreasonable and violative
of Article 14 of the Constitution. In Central Inland Water Transport Corporation v.
B.N. Ganguly,15 case the Supreme Court held that Rule of 9(1) of the Central
Inland Transport Corporation Service Rules, 1979,which inter alia laid down for
termination of service of an employee by giving 3 months’ notice as
unconstitutional . The Supreme Court also held that “ Having regard to the unequal
position of the employer and the employees, and unconscionable term in the
appointment letter constituting contract of employment is void under Section 23 of
the contract Act and violative of Article 14 even through the employee accepted
such a term . Again in D.T.C. v. D.T.C. Mazdoor Congress,16 Justice Ramaswamy
observed that the law of contact like the legal system itself involves a balance
between competing sets of values. The Supreme Court in this case also struck
down the similar rule 9 (b) of Service Rules of D.T.C. which provided for
termination of service without assigning reason and with three months notice. The
Rule of Audi Alterm Partum was not excluded by the Service Regulation No.9 (b)
of Service Rules. There was no guideline in that rule as and when and in which
case the power of termination can be exercised. Considering form all aspects,

12
(See Western India Automobile Case (Supra) 1949 FCC 321 . Premier Automobile Ltd.v. K.S. Wadke 1975 II LLJ
445 and O.P. Bhandari v. Indian Tourism Corporations Ltd. (1986) 4SCC 337.)
13
(See1996 I LLJ 917 at p.419); See also C.B. Mathiamma v. Union of India, AIR 1979 SC 1868).
14
See also AIR India v. Nargesa Mirza, 1981 II LLJ314
15
AIR 1986 SC 5171,
16
1991 I LLJ 395,

16
regulation 9 (b) of the service rules is illegal and void it was arbitrary,
discriminatory and without any guideline for the exercise of the power.”

13. That the Contact of employment in public employment must be examined in

the light of the change occurred due to social awakening and the new
dimensions given to it.

14. That ‘Equal pay for Equal Work’ is constitutional mandate. In Randhir
Singh v. Union of India, AIR1982 SC 879, the Supreme Court was called
upon to examine the question of parity in pay scales of drives working in
Delhi Police force Delhi Administration under a public Interest Litigation
(PIL) and the Supreme court held that “ equal pay for equal work is not a
mere demagogies slogan . It is a constitutional goal, capable of attainment
through constitutional remedies by the enforcement of constitutional
rights.” Therefore, the Court enforced that the principle of equal work and
directed the respondent to fix the scale of pay of the Driver constable
including the petitioner of Delhi Police at par with that of Drivers of the
Railways Protection Force, both doing identical work under same employer.

Again in Daily Casual Labourers v. Union of India,17 case the Supreme held
that the right to work , the right to free choice of employment , the right to just and
favorably conditions of work, the right of everyone who works for just and
favorably remuneration ensuring a decent living for himself and his family, the
right of every one without discrimination of any kind, to equal pay for equal work,
the right to rest or leisure , reasonable limitation of working hours and periodic
holidays with pay, the right to form trade unions of one’s choice and the rights
which have to be ensured by appropriate legislative and measures. The Supreme
Court, therefore, directed the respondent to prepare a scheme on a rational basis for
absorbing as for as possible the casual labourers who have been continuously
working for more than one year in the Post and Telegraph Department.

17
1988 I SCC 122; 1988 I LLJ 370,

17
1.4 IMPORTANCE OF LABOUR OR INDUSTRIAL
JURISPRUDENCE

The importance of labour jurisprudence is very significant from the point of

view of the labour. It has given the several socio-economic rights to the working
class as stated above. It has served the cause of social justice and has solved
various problems of labour –management relationship. The judgments of Justice
like Gajendragadkar, Krishna Iyer, D.A. Desai, R.N. Bhagwati, Chinnappa Reddy,
Ranga Nath Mishra etc. given the last three or four decades are of immense value.
They also show that our Court is alive to cause of labour. The norms set out by the
Supreme Court have enriched the vision of labour or industrial jurisprudence in the
country.

1.5 SUMMARY

In this unit we have discussed the conceptual aspect of labour or industrial

jurisprudence, its meaning and growth and importance. The growth of labour
jurisprudence since 1950 has been spontaneous. It is a dynamic concept and the
directive principle contained in Article 38 to 743-A are the value vision of Indian
labour jurisprudence. The Legislature and the Supreme Court have done yeoman
service to the cause of social to the poor and working class in the country. The
industrial or labour jurisprudence, thus developed has set the pace of the future
course of the industrial relations in the country. It is an evolutionary process.

1.6 SELF ASSESSMENT TEST

1. What do you understand by the term ‘labour Jurisprudence?

2. What are the basis Jural postulates for the industrial or Labour
jurisprudence?
3. What is the importance of labour or industrial jurisprudence?

1.7 KEY WORDS

18
 Labour or Industrial Jurisprudence: It is a mass literature relating to
knowledge of law derived from the labour legislation and the judgment of Courts in
relation to labour and management relationship.
Nature : It is not static but dynamic;
Contribution: It has served the caused the cause of social justice.
Social Justice: It is the corner –stone of industrial jurisprudence.

1.8 SUGGESTED READING

Shri Gulab Gupta : Our industrial Jurisprudence (1987, The Central Indian
Law, Institute, Jabalpur).
Sri Mahesh Chandra : Industrial Jurisprudence
S.M. Johri : Industrial Jurisprudence, Labour Law Journals and AIRS.

19
 UNIT- 2
Social Justice
Objectives :-
After going through this unit, you should be able to appreciate
 the concept and meaning of social justice.
 its underlying principles in general, also in the context of labour and
management relations.
 the polices and programmers in your factory, industrial plant,
organization and establishment which may create industrial peace so
that an era of prosperity for the country and for both-labour force and
capital investing public may usher in.`

Structure :

2.1 Introduction
2.2 Meaning of Social Justice
2.3 Role of Social Justice in labour Legislation
2.4 Judicial Analysis
2.5 Summary
2.6 Self –Assessment Tests
2.7 Suggested Readings

2.1 INTRODUCTION

This unit has been prepared with a view to acquaint you with the concept of
social justice. The concept denotes a philosophy of life and envisages social order
of such a nature in which every individual without any distinction of caste, creed,
sex and religion gets an opportunity to develop his personality. Historically, the

20
great revolutions of England, America, France, Russia, India, and China are
responsible for the evaluation of the concept of social justice. Briefly, it is an
outcome of a war between ‘haves’ and have not’s.

The concept of social justice embraces a politico-socio-economic justice in

such a social order where equality of opportunity to progress is proffered to every
citizen by the society or the State. The social structure strives for a welfare state for
promoting an egalitarian society. It is possible only when there is a political justice
which stands for a right to rule and to be ruled. Under the system of political
justice, there is a rule of law and not man-or men. The sovereignty vests in the
general will of the people; where every individual has an equal right and
opportunity to share directly or indirectly in the administration of each body
institution or establishment serving his needs.

This is the general import of social justice, and it equally applies to

industrial section where the interests of both –labour –force and the capital –
investing –public have to be fulfilled in order to bring about an industrial peace
serving the interests of labour, capital investor and the public at large.

2.2 MEANING OF SOCIAL JUSITCE

Concept of justice

The concept of social justice is best understood as forming one part of the
broader concept of justice in general. Before we understand social justice, let us
understand justice, and then attempt to comprehend that the part of justice which
we can call social justice. The terms ‘just’ and justice’ have a very broad and wide
use. To the Greeks, according to Aristotle, justice was equivalent to virtue in
general. But we use the concept in many different contexts to make a verification
of moral and political points. The terms ‘just’ and justice’ are most confusing and
ambiguous because an act may be just to one person and unjust to another. So
,when we talk of just men, just society ,just actions and just states of affairs, the
word just is always used and understood as against unjust, and independently it can

21
never convey the sense in which it is being widely used. Thus, the terms ‘justice’
and ‘injustice’ are relative terms and describe the pleasure and pains suffered by a
group of individual while not by another in similar circumstances.

To the theorists, the just state of affairs is that in which each individual has
exactly those benefit and burdens are due to him by virtue of personal
characteristics and circumstances. It implies that where two men are equal in the
relevant respects, they should be treated in the same way. The principle to ‘treat
equals equally’ or ‘treat men equally except there are relevant differences between
them’ has often said as a general characteristic of justice .this presents the principle
of equality of opportunity which is one of the modes of delivery of justice. Under
this principle every individual of a republication society should get his due both
pleasure and pain.

Broadly justice may be divided into legal and social justice .Legal justice
concerns the punishment of wrongdoing and compensation of injuring through the
creation and enforcement of the public laws and rules. It deals with two types of
issues. First of all , it stipulates the condition under which punishment may be
inflicted , adjust the scale of punishment to fit the nature of different crimes and
also make a provision for giving reparation to the victims of crimes in certain
circumstances only. We call this as criminal justice .The other part of the legal
justice is civil justice .It regulates the amount of restitution which must be made for
injuries. Under both –criminal and civil justice the principle of a fair trial, rights of
appeal, etc. form part of the legal justice.

Social justice, on the other hand, concerns the distribution of benefit and
burdens throughout a society .It deals with such matters as the protection of
persons’ regulation of wages, housing, medicine, social security and many other
social welfare benefit .Since benefits given to individual largely depends upon the
shape of the power structure a society has; therefore, the distribution of power is
relevant to social justice.

A complete concert of an individual with his society is the hall-mark of a

just social order .A just social order is based on a harmony of the individual with
22
his society; and it is through the nexus of his station in life this harmony can be
attempted and achieved .Lawlessness or disorder, immorality or injustice result by
throwing out of gear the relation between the individual and the society. It is either
when the individual ego emulates itself as against the social ego, or when social
over-reaches itself to the annihilation of the individual ego. Justice aspires for a
concord of the individual with society so that there is chance neither for individual
excesses nor for extreme social hegemony.

Social justice is the position of the station in life and status in society, the
curious name of social justice is given to a creed committed to reduce reciprocity
between an individual’ duties and rights, between his liabilities and liberties.
Society is constituted into a state only to enforce this reciprocity by authority. In
the modern technique of social welfare this obligation is discharged through the
agency of law enacted and enforced by the State.

Social welfare and Social Justice

The doctrine of laissez –faire which dominated the whole of the eighteenth
and a part of the nineteenth centuries in through and practice allowed each of us the
fullest opportunity to accumulate the means of production and control of
distribution was at one time believed to be the greatest number. But it was soon
relished that if the means of production and distribution were left in the control of
each one as he pleased, the process would soon result into concentration of wealth
in a limited few hands to the material and economic detriments of others. Without a
regulated social control over the means of production and distribution, it is difficult
to achieve the common good or the welfare of the people in general. In recent years
the idea of social welfare replaced the doctrine of laissez faire for achieving the
common good of the people in general by planning’s and programmers of the State.

The principle of social justice attempts to create and establish a welfare

state for securing and promoting a just social order in the society .For securing
social justice, it is the form and structure of the government which alone matters .In
this context let us try to understand as to the form of social structure suited to social

23
welfare of its people .The end of democracy is liberty but the end of republic is
equality .the democracy creates conditions for the liberty of the individuals.
Republic enforces conditions for equality both of status and opportunity in the
socio-economic field. A compound of both democratic and republic represent and
stands for liberty and equality both and , is known as republic or democratic
republic .Since a democratic fulfils the needs of society by regulating socio-
economic activities by legislative process, it become a welfare state. Welfare state
is a state that strives to secure the welfare of the people by establishing the
condition of good living.

A welfare state endeavors to secure by suitable legislations , economics,

economic planning and programme and otherwise to all workers agriculture ,
industrial or otherwise work ,a living wage, good conditions of work ensuring a
decent standard of life with social security measures and full enjoyment of leisure
and social cultural opportunities. The acts of such state are not confined to one
particular class of the poor or rich, of owners or workers but spread to the society
as a whole especially to the segment of the deprived weaker, socially and
educationally backwards physically and handicapped people of the society.

A welfare state undertakes to establish harmonious relations between

‘haves’ and ‘have not’s without any favor and prejudice to the either of them. The
state extends its activities to sub serve the general cause and basic needs of its
citizens relating to food , health , shelter, work, leisure and the like , It is
immaterial if the State’s activities of this nature tends to affect the profit motive of
private individuals. The distinction of public and private ownership does not stand
in the way of the positive role the State has to play. The State owns almost all
public utility services and concerns. The State can own or acquire such industries
which are mismanaged in the public interest. In the interest of general public even
state monopoly in certain trades to the total or partial exclusion persons is desirable
if unregulated capitalism creates an overgrowing concentration of wealth which
generates class confects posting a threat to public peace.

A welfare State has to protect the general social interests of its citizens. The
legislative policies of the state are directed towards this objective. An elaborate
24
emphasis is given to the immediate social problems and on each social issue, and
according to its merits a Solution is found out and that brings about justice. Thus,
social welfare and social justice are not equivalent or synonymous expression.
Social welfare is a measure while social justice is an achievement. In other words
welfare is the means is the social justice is the ends.
Democracy is a government of the people by the people and for the people;
but the representatives of the people who form the government may not be of one
ideology for the entire one to come. Therefore, most of the countries have their
written Constitutions envisaging the concept of social justice character in the
governance of their countries. India is one of such countries which have its written
Constitution. It is through this constitutional charter that the government of men
turns into a laws. Let us, now, examine our constitution and various other laws and
their functioning in the light of social justice.

Social justice under and Indian Constitution

Social justice has been a long cherished desire of our people; and so, the
founding fathers of our Constitution aspiring for a welfare state made several
provisions for the delivery of social justice under part iii and iv of the Constitution
respectively including its preamble.

The objective sought to be achieved by the Indian constitution have been

explicitly couched in its Preamble which declares that ‘we, the people of India
having solemnly resolved to constitute India into a sovereign socialist democratic
republic and to secure to all its citizens justice –social , economic and political ;
liberty of thought, expression , belief , faith and worship equality of status and of
opportunity and to promote among them all fraternity assuming the dignity of the
individual and the unity Nation , ‘The basic objective of the Constitution as
expressed in its preamble seeks to secure social among justice to all citizens.

Article 38 require that the State shall strive to promote the welfare of the
people by securing and protecting as effectively as it may a social order in which
justice, social economic , and political shall inform all the institution of national

25
life. Article 43 enunciates another directive principle by providing that the State
shall Endeavour to secure by suitable legislation or economic organization or in
any other way, to all workers –agricultural, industrial or otherwise work, a living
wage, conditions of work ensuring a decent standard of life and full enjoyment of
leisure and social and culture opportunities. The concept of social and economic
justice aims at to bring about the ideals of welfare State.

Article 39 of the Constitution enunciates certain broad principle which the

State shall follow in order to direct its policy towards State.
(a) That the citizens, men and women equally, have the right to an adequate
means of livelihood.;
(b) That the ownership and control of material resources of the community are so
distributed as best to sub serve the common good;
(c) That the operation of economic system does not result in concentration of
wealth and means of production to the detriment ;
(d) That the health and strength of workers , men and women , and the tender age
of children are not abused and that citizens are not forced by economic
necessity to enter avocation unsuited to their age or strength;
(e) That childhood and youth are protected against exploitation and against moral
and martial abandonment.

The forgone discussions make it clear that it has not been convenient to
formulate a precise and clear –cut definition of the expression social justice. It has
always been treated as a concept and has been described in so many words. The
concept denotes a philosophy of life and sets a way in which all social life should
behave. The concept of social justice is an outcome of historical revolutions
between ‘haves’ and ‘have not’ giving rise to the present day political philosophy
of a welfare state.

Historical, the following revolutions have been responsible for the emergence
of social justice in a welfare state. The Glorious revolution of 1688 in England with
its achievement in the bill Right in 1689 , the American war of independence with
its fruition in 1776, the French revolution culminating into declaration of Right of
26
Man in 1789, the Russian Revolution of 1917, the Indian independence Movement
which achieve its success in 1947 and the Chinese Revolution of 1949 were
political in their apparent outlook ; but the fact is that all were motivated by social
caused and in their background it was the social philosophy which assumed
political shape. It was so, because in the vision of the father of such revolution, the
then exiting political set-up was the only barrier in establishing harmonious relation
of the individual with his society. Gradually no country in the world remained
unaffected form the impact of these great revolutions and brought about a total
change in its political set- up by providing social justice to its people. The area of
social justice is not static but expansive and includes civil, political social ,
economic and religious , and in course of time the social and economic rights of the
individual have become a State liability. This is being recognized in one form or
the other in the Constitutions of all the countries.

Ever since the formation of the United Nations, several declarations ,

conventions and commissions on human rights have been made at international
levels but it has not been easy for them to define the pleasing but perplexing of
social justice. However , Patanjali Sastri J., of the Supreme Court in A.K. Gopalan
v. State of Madras ( A.I.R.1950 S.C. 27 at p.72) has expressed that it is an “ideals
which assures to the citizens the dignity of the individual and other cherished
human values as a means to the full evolution and expressed of his personality”
Gajendra gadkar , J., (as he then was) in State of Mysore v. Workers of Gold Mines
(A.I.R. 1958 S.C. 923) has said that it is a concept which gives sustenance to the
rule of law meaning and signifying to the ideal of a welfare State. Hidaytullah, J.,
(as he then was ) Golak Nath v. State of Punjab (A.I.R. 1967 S.C. 1643 at p. 1693)
has Stated that the concept is a device by which “the relationship of society to the
individual and of Government both , and the right of the minorities and the
backward classes are clearly laid down”. Subba Rao, C.J., in the Golak Nath case
has said that it is precept directing “to work for an egalitarian society, where there
is no concentration of wealth, where there is plenty, where there is equal
opportunity for all, to education, and to work for livelihood. The above expression
reveal that the concept of social justice is replace with multifarious connotations . It
is equated with a welfare State .It is considered to be analogous to an egalitarian
society. It is treated to be an incident of the rule of law. It is coextensive with
27
social welfare. It vouch safes the rights and amenities of the minorities and those of
socially, educationally and economically , backward classes, undertakes to create
an affluent society . But in all these expressions , there has been no attempt to
define exactly what it is. These and many other such expressions are only
indicative of what it might mean and include, It is , therefore , still a vague and
fluid concept abounding in social philosophy ,though its social content has
throughout received a political sanction, In all these fluid and vague terms a
solemn duty is cast upon the State to promote a general welfare of the people.
Even Article 38 of the Indian constitution which is the central theme of our
Constitution states that the State shall strive to promote the welfare of the people
by securing protecting as effectively as it my social order in which justice –social,
economic and political shall inform all the institutions of national life. By making a
separate reference to social , economic and political justice , Article 38 has made an
attempt to consider the implications of justice in its social, economic and political
aspects.

It appears as if economic and political justice are entities distinct form social
justice. Because social justice prescribe for the abolition of all sorts of inequalities
of wealth and opportunity of Further, it attempts to do away with the man made
distinction between caste , creed , sex, religion , race, faith etc. It means all means
all men are equal and must get equal treatment from the State without any
difference based one caste, reed , sex, race, religion, faith, and place of birth,
Economic justice pleads for equal remuneration for equal work. Article 39 of our
Constitution directs the State fir securing to its citizens economic justice : that the
men and women equally have the right to an adequate means of livelihood ; that the
ownership and control of the material resources of the community are so
distributed as to best subscribe the common good; that the operation of the
economic system does not result in the concentration of wealth and means of
production to the common detriment that there is equal pay for equal work for both
men and women ; that the health and strength of workers and the tender age of
children are not abused and the citizens are not forced by economic necessity to
enter avocations unsuited to their age or strength ; and that the childhood and
youth are ported against exploitations and moral and material abandonment . The
aforesaid represents a comprehensive view of economic justice.
28
 Economic justice pertains to the material conditions of life, as much of social
inequality arises form of difference in the material conditions of life. Economic
justice is not a program me of the prosperity of an individual or some individual
in particular but aims at the improvement of the down –trodden sections of the
society. Thus, the Social welfare theory of the State takes a comprehensive view of
the State which both social and economic justice.

Social justice must conform to justice in all its social aspects. Without
political justice economic justice is not possible and the vice-versa Political justice
stands for an equal share in ruling and being ruled. Under political justice,
Governments derive their powers form their people, i.e., sovereignty vests in the
general will of the people or in other words the sovereign power resides with the
people. It is the State or society which formulates its policies and program me ;
and the Government works out the details of the policies formulated by the State,
All the social institutions , enterprises, and public utility concerns serving vital
needs of the people are being gradually controlled by the State. Thus, now political
justice consists in the ability and liberty of the individual to share directly or
indirectly in the administration of each body, institution or established serving his
needs. Now, it in evidently clear that political justice sub serves the needs and is a
part of social justice.

Origin and Growth of Trade Unionism

In a welfare State, the government cannot ignore social interests of workers.
Industrial revolution during the last quarter of the 19th century and the pitiable
conditions of workmen working in the industries those days are responsible for the
emergency of the principle of collective bargaining and trade unionism on the
British Island. The mushroom growth of cotton and wool industrial in Manchester,
Lancashire etc. and exploitation of coal and iron are required a huge employment
of men –power. The owner of these industries exploited man-power without the
least caring for the welfare activities of their employees; so much so that a
workman was required to put 16 hours of work daily without any weekly off.
29
Several men and women workers were living in one room in most in congenial
atmosphere, this led to strikes and lock –outs by employees as well as employers.
This gave a rise to the concept of social securing based on ideals of human dignity
and social justice in the industrial sector. The underlying principle behind social
welfare measures is that a citizen who contributed his might to the country’s
welfare should get his due and be protected against certain hazard (report of the
National Commission on Labour, Para 13.1 , 164, (1964).)

The terms ‘Social justice’ , ‘public justice’, ‘social welfare’, ‘social

security’ , ‘labour welfare’, and ‘labour justice’, are multi-dimensional in their
contents and forms they include social , economic and political overtones in
addition to legal; and these terms are interchangeable with each other . The
concept of social justice has been termed as ‘social security ‘. ‘Social measures’,
‘labour welfare’ measures ‘or schemes’ or ‘social, services’, ‘social insurance’,
‘public welfare measures or scheme s’. ‘Labour justice measures ‘etc., but they all
mean one and the same thing in the industrial fields. The forgone discussions
make it clear that it has not been convenient to formulas a precise and clear –cut
definition of the expression social justice. It has always been treated as a concept
and has been describe in so many words. The concept denotes a philosophy of life
and sets a way in which all social life should behave. The concept of social justice
is an outcome of historical revolutions between ‘haves’ and’ have not’ giving rise
to the present day political philosophy of a welfare state.

Historically, the following revolutions have been responsible for the

emergence of social justice in a welfare state. The Glorious Revolutions of 1688 in
England with its achievement in the bill Rights in 1689 , The American war of
Independence with its fruition in 1776 , the French Revolution culminating into the
declaration of Rights of Man in 1789, the Russian Revolution of 1917 , the Indian
Independence Movement which achieve its success in 1947 and the Chinese
Revolution of 1949 were political in their apparent outlook ; but the fact is this that
all were motivated by social causes and in their background it was the social
philosophy which assumed political shape. It was so, because in the vision of
thyme father of such revolutions, the exiting political set-up was the only barrier in
establishing harmonious relation of the individual with his society .Gradually no
30
country in the World remained unaffected form the impact of these great
revolutions and brought about a total change in its political set-up by providing
social justice to its people. The area of social justice is not static but expansive
and include civil, political social, economic and religious, and in course of time
the social and economic rights of the individual have become a state liability. This
is being recognized in one form or the other in the Constitutions of all the
countries.

Ever since the formation of the United Nations , several declarations ,

conventions and commissions on human rights have been made at international
levels but it has not been easy for them to define pleasing but perplexing concept of
social justice. However, Patanjali Sastri J., of the Supreme Court in A.K. Gopalan
v.State of Madras (A.I.R. 1950 S.C. 27 at p.72) has expressed that it is an “ideal
which assures to the citizen the dignity of the individual and other cherished human
values as a means to the full evolution and expression of his personality”.
Gajendragadakar, J., (as he them was) in State of Mysore v. Workers of Gold
Mines ( A.I.R. 1958 S.C. 923) has said that it is a concept which gives sustenance
to the rule of law meaning and signifying to the ideal of a welfare state.
Hidaytullah, J., (as he then was) in Golak Nath V. state of Punjab (A.I.R. 1967S.C.
1643 at p. 1693) has stated that the concept is a device by which “the relationship
of society to the individual and of Government both, and the right of the minorities
and the backward classes are clearly laid down”. Subba Rao, C.J., in the Golak
Nath case has said that it is aprecept directing “to work for an egalitarian society,
where there is no concentration of wealth, where there is plenty, where there is
equal opportunity for all, to education, and to work for livelihood.”

The above expressions reveal that the concept of social justice has replaced
with multifarious connotations. It is equated with a welfare State. It is considered to
be analogous to an egalitarian society. It is treated to be an incident of the rule of
law. It is coextensive with social welfare. It vouches safes the rights and amenities
of the minorities and those of socially, educationally and economically, backward
classes undertake s to create an affluent society. But in all these expressions, there
has been no attempt to define exactly what it is. These and many other such
expressions are only indicative of what it might mean and include. It is, therefore,
31
still a vague and fluid concept abounding in social philosophy, through its social
content has throughout received a political sanction. In all these fluid and vague
terms a solemn duty is cast upon the state to promote a general welfare of the
people, Even article 38 of the Indian Constitution which is the central theme of our
Constitution states that the State shall strive to promote the welfare of the people
by securing and protecting as effectively as it my a social order in which justice–
social, economic and political shall inform all the institution of national life. By
making a separate reference to social, economic and political justice, Article 38 has
made an attempt to consider the implications of justice in its social, economic and
political aspects.

It appears as if economic and political justice is entities distinct from social

justice. Because social justice prescribe for the abolition of all sorts of inequalities
of wealth and opportunity of Further , it attempts to do away with the man made
distinction between caste, creed , sex, religion, race, faith, etc. It means all men are
equal and must get equal treatment from the State without any difference based one
caste, reed, sex, race, religion, faith and place of birth. Economic justice pleads
for equal remuneration for equal work. Article 39 of our constitution directs the
State for securing to its citizens economic justice; that the men and women equally
have the right to an adequate means of livelihood ; that the ownership and control
of the material resources of the community are so distributed as to best subscribe
the common good; that the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment that
there is equal pay for equal work for both men and women ; that the health and
strength of workers and the tender age of children are not abused and the citizens
are not forced by economic necessity to enter avocations unsuited to their age or
strength; and that the childhood and youth are protected against exploitation and
moral and material abandonment. The aforesaid represents a comprehensive view
of economic justice.

Economic justice pertains to the material conditional of life, as much of

social inequality arise from a difference in the material conditional of life.
Economic justice is not a programme of the prosperity of an individuals or some
individual in particular but aims at the improvement of the down –trodden sections
32
of the society. Thus , the social welfare theory of the State takes a comprehensive
view of the State which includes both social and economic justice.

Social justice must conform to justice in all its social aspects . Without
political justice economic justice is not possible and the vice-versa. Political justice
. Stands for an equal share in ruling and being ruled. Under political justice,
Government derive their powers from their people, i.e., sovereignty vests in the
general will of the people or in other words the sovereign power resides with the
people. It is State or society which formulates its policies and programme; and the
Government works out the details of the policies formulated by the State. All the
social institutions , enterprises, and public utility concerns serving vital needs of
the people are being gradually controlled by the State. Thus, now political justice
consists in the ability and liberty of the individual to share directly or indirectly in
the administration of each body, institution or establishment serving his needs,
Now , it in evidently clear the political justice subscribe the social needs and is a
part of social justice.

2.3 ROLE OF JUSTICE IN LABOUR LEGISLATION

Origin and Growth of Trade Unionism

In a welfare State, the Government cannot ignore social interests of workers

. Industrial revolution during the last quarter of the 19th century and the pitiable
conditions of workmen working in the industries those days are responsible for the
emergency of the principle of collective bargaining and trade unionism on the
British Island. .The mushroom growth of cotton and wool industries in Manchester
, Lancashire etc. and owners of these industries and iron one required a huge
employment of man-power . The owners of these industries exploited man –power
without the least caring for the welfare activities of their employees; so much so
that a workman was required to put 16 hours of work daily without any weekly
off. Several men and women workers were living in one room in most in congenial
atmosphere. This led to strikes and lock –out by employees as well as employers.

33
This gave a rise to the concept of social securing based on ideals of human dignity
and social justice in the industrial sector. The underlying principle behind social
welfare measures is that a citizen who contributes his might to the country’s
welfare should get his due and be protected against certain hazard (Report of the
National Commission on Labour, para 13.1, 164, (1964).)

The terms ‘social justice’ , ‘police justice’ , ‘social welfare’, ‘social

security’, ‘labour welfare’ and ‘labour justice’ are multi-dimensional in their
contents and forms and they include social , economic and political overtones in
addition to legal ; and these terms are interchangeable with each other . The
concept of social justice has been termed as ‘social securing’. ‘social measures’.
‘labour welfare measures’ or schemes ‘. ‘social , services’. ‘social insurance’,
‘public welfare measures or scheme’, ‘labour justice measures’ etc. , but they all
mean one and the same thing in the industrial field.

Employees and employers have contradictory and conflicting claims interest

against each other. In such a state of affairs struggles and frictions were bound to
arise between ‘have and ‘have not’s. The ‘haves’ tried to have as much as was
possible at the cost of these who contributed to their wealth without the least caring
for even minimal necessary condition of life for the living of ‘have not’s. Rise of
capitalism and industrialism in the late eighteenth and nineteenth centuries
resulted in a greater hardship for individuals and their families . The industrialists
by their installed factory machines were so much concerned with their material
gains that they ignored the conditions of workers who provided their labour
without which machines could not have worked. All this resulted in mal-
adjustment of labour –capital-relations. Against these uneven socio-economic
conditions, the working class organized themselves to have a better working
conditions, living standard and status.

In this way the capitalist class and labour class, i.e., ‘haves’ and ‘have not’s
came into conflict with each other. The capitalist intended to achieve maximum
gains and benefits out of their invested capital in an industrial establishment at the
cost of labour class; and on the other hand, the lobour class got united for the
removal of socio-economic inequalities and for the protection of their interests .
34
They fought against exploitation .Thus trade unions emerged as reactions against
these beliefs and practices that within the four walls of the unions of the factory the
employer could exercise arbitrary control over workers against the philosophy of
hire and free.

The trade union movement did not remain confined to one factory , industry
or country but widened its premise and scope and in course of time assumed an
international status which came to be known as International Labour Organization
(ILO) for promoting labour welfare. Its Conventions and Recommendations
recognized freedom of association ; and in industrial relation included many
recommendations regarding freedom of employment , services , transfer, of labour ,
wage-policy, minimum wage fixing machinery , hours of work , rest period ,
holidays with pay , employment of women , children and young persons, industrial
health , safety, welfare, social securing and administration of labour legislations
which envisage consultations with the association of employers and workers
organization in various ways in the application of these instruments before any
action is taken. Co –operation of workers’ and employers’ organization in various
bodies administering social legislation or their representation on advisory
committees connected with such bodies are the result of social awakening of their
rights in the industrial filed.

A conspectus of Labour Welfare

The modern society being a welfare society has assumed the responsible of
providing social and labour welfare schemes against risks of aliment, age and
death. These labour welfare schemes and measures introduce an element of
stability and protection against stress and distress of modern industrial life. The
right of social securing is one of the significant human rights set out in the
Universal Declaration of Human Rights adopted and proclaimed on December
10,1948 by the General Assembly of the United Nations. The declaration proclaims
that everyone as a member of an each society has a right to social security and is
entitled to in according with the resources of each organization and State economic,
social and cultural rights for the dignity and free development of his personality.

35
 Member Status of the International Labour Organization in May 1955 laid
down a grand charter of Labour popularly known as Philadelphia Declaration
which secures the extension of social securing measures by providing a basic
income to all in need of such protection, a comprehensive medical care and makes
a provision for maternity protection. With establishment of the International
Labour Organization in 1919, seeds of universally acceptable principles for
evolving and guiding labour welfare measures throughout the world were sown.
The needs for providing social securing and labour welfare measures to labour
class was recognized by the I.L.O. since its inception , and out of its twenty eight
conventions , the convention 102 concerning Minimum Standard of social securing
or labour welfare is significant . It envisages providing benefits in a large number
of contingencies, e.g., sickness, unemployment, old age, death, employment
injuries, invalidity etc.

Labour Welfare Legislations

In India , after The Fatal Accident Act, 1855, the Workmen’s

Compensation Act, 1923, is perhaps the first legislation which may describe as
social securing measures in wider perspective .As a result of the recommendations
of the Royal Commission on Labour in 1931, several social justice measures
applicable to the industrial labour were made in a course of time, and notable
amongst those are: The Payment of Wages Act,1936; The Industrial Disputes
Act,1947 ;The Factories Act,1948 ; The Employees’ State Insurance Act,1948; The
minimum Wages Act,1948; The Coal Mines Provident Fund and bonus Schemes
Act,1948;The Employees’ provident fund and Miscellaneous provisions Act,1952;
The maternity Benefit Act, 1961; The Employees Family Pensions Scheme ,
1971;The Payment of Gratuity Act,1972; and The Employees Deposit –linked
Insurance Scheme,1976 are only illustrative social and labour welfare legislations
but ,are not exhaustive , In course of time these Acts have been amended several
times in order to meet the needs of social justice. Very recently a social justice
oriented legislations of far reaching importance of general public called The
public Liability Insurance Act,1991, came into force. The Act is the First of its kind
and nature in any part of the world .It meets the long –felt demand for some
mechanism industries or immediate relief to the victims of accidents or incidents
36
involving hazardous industries or operations .The workers who are the victims of
such accidents , are protected under the workmen’s Comprehensive Act, 1923 and
the employees State insurance Act,1948, but the members of the general public are
not assumed of any relief except through long legal procedures ; and very often the
affected are form the weaker sections of the society who have very limited
resources to go through the legal procedures.

In the background of the enactment and enforcement of the aforesaid

legislations of social welfare or social justice it is the social philosophy of the
labour justice and labour welfare which works. The term social justice is of multi-
dimension and includes all those measures which aim at eradication of inequality ,
disparity, poverty, unemployment and disease. It offers equality of opportunity of
economic employment or engagement without any distinction of caste, creed , sex,
religion race, faith and place of birth ; and to industrial labour it offers securing of
employment benefit during and after service period if unable to earn livelihood due
to age illness, invalidity, disability, death etc. A Social justice is genus while social
securing , labour welfare and labour justice are species and are interchangeable in
their meaning and scope.

2.1 JUDICIAL ANALYSIS

The aforesaid social objective are found in the judicial pronouncements of

the Supreme Court in A.K. Gopalan v. State of Madras (A.I.R. 1950 S.C. 27 )
Patanjali Shastri, J., (as he then was) of the Supreme Court has observed that the
Indian Constitution by its preamble assures to his citizen personal dignity and
other cherished human values to develop his personality and likewise , in Golak
Nath v. State of Punjab (A.I.R. 1967 S.C. 1643) , Hidaytullah , J., (as he then
was) of the Supreme Court has, emphatically , said that “this social document is
headed by a preamble which epitomize the principle on which the Government is
intended to function and these principle are later expanded into Fundamental
Rights in Part III and the Directive Principle of State Policy , in Part IV .The
former are protected but the later are not . The former represent the limit of State
action and the latter are obligations and the duties of the Government as good and

37
social Government .” It enjoins to bring about social , economic and political
justice and directs to work for an equalitarian society where there is an equal
opportunity for all to education and to work for livelihood .

In State of Mysore v. workers of Gold Mines (A.I.R.1958 S.C. 923)

Gajendragadakar, J., (as he then was) of the Supreme Court has observed that
social economic and political justice have been given a place of pride in our
Constitution .Article 38 requires that the State shall strive to promote the welfare of
the people by securing and protecting as effectively as it may social order in
which justice social , economic and political shall inform all the institutions of
national life.
The Supreme Court in Mills Co. Ltd., v. Suti Mills Mazadoor Union (A.I.R.
1995 S.C. 170) has confessed that social justice is a very vague and indeterminate
expressions and that no clear –cut definition can be laid down which may cover all
the situations .The Court tentatively adopted a definition proposed by Mr. Isaacs
the counsel of the respondent in the case, and according to him “social justice can
notes the balance of adjustments of various interests concerned in the social and
economic structure of the State is order of various harmony upon an ethical and
economic basis.” But this too been found not to be based on solid criteria. The
Court, Further, said that “without embarking upon a discussion as to the exact
connotation of the expression social justice we may only observe that the concept
of social justice does not emanate from the fanciful notions of any adjudicator but
must be founded on a more solid foundation.”

The definition proposed Mr. Isaacs was found deficient on two counts. First,
it concerned with the balance of adjustments both in the social and economic
structure of the State and; secondly, the definition concerned with one particular
phase of society, i.e., labour relations between the employers and the State. The
Court, then , referred to the Full Bench Formula of the Labour Appellate Tribunal
which ensured to achieve an industrial peace in a given situation .According to this
formula industrial peace could be achieved by having a contented labour force on
the one hand and on the other hand an investing public who would be attracted to
the industry by a steady and progressive return on the capital which the industry

38
might be able to offer. Industrial peace alone cannot constitute social justice though
it is one of the essential conditions of the concept.

In J.K. Cotton Spinning & Weaving Mills v. Labour Appellate Tribunal

(A.I.R. 1964 S.C. 737) ,The Supreme Court has said that the concept of social
justice is not narrow , one sided and is confined to industrial adjudication alone;
but its sweep is comprehensive , as it is founded on the basic ideal of socio-
economic equality and its aim is to remove socio-economic disparities and through
industrial adjudication it has to adopt a pragmatic approach to bring about
harmony between labour and capital in order to be just and fair to both.

Though a harmonious relation between Labour and industry is needed but it

is not the only organ of this great social structure. Besides, labour and industry,
there are order avocations, callings , trades and business which also operate on
socio-economic structure . For instance, a Government servant or a teacher though
not a labour in the strict sense of the term yet he is an employee of an employer
drawing a salary commensurate with his work and a harmonious relation is needed
between the two for a better output and likewise in cases of landlords and tenants,
creditors and debtors , producers and consumers , merchants and dealers and all
dealings of men with men jural relations exist.

All dealings of men have a tendency sooner or later to develop into jural
relation because every dealing demands justice. Thus, it is not contentment of the
labour force alone, but the contentment of each partner of society, the social justice
has to ensure. If private justice operates on jural relations of men , social justice
must operate on the jural relation obtaining between the individual or a class of
individual and the society at large. The relation between the individual and the
society works on the principle of give and take, so the individual has no contributed
the best of his physical and mental abilities to the progress of society and the
society in turn has to afford to him all practicable opportunity of self improvement
relating to material conditions of life. The Supreme Court in Punjab National Bank
v. Ram Kumar (A.I.R. 1957 S.C. 276) has observed that social justice does not
conform to one sided justice but justice to all in every aspect of life based on
material gains.
39
 Justice consists in the exercise of a right with reasonable restraint. The giver
of justice sits with the pious obligation to test and declare whether a restraint
imposed or to be imposed on the exercise of a right is or is not reasonable .Social
purpose after being recognized become a social right in favor of an individual or
class of individuals exercisable against the State but with reasonable social
restraint. In this context social justice is a balance between social rights and control
.Social justice demands that neither the rights not the control should go into excess.

Justice is neither to give less nor more, but equal in proportion. Where social
rights have been defined, the judges uphold the concept of social justice by testing
whether amount of social control is reasonable .In Golak Nath’s case (A.I.R. 1967
S.C. 1643 at p.1655) K. Subba Rao, C.J., has observed that the Indian Constitution
constitutes higher rights of the State as the sentinel of the people’s rights and the
balancing wheel between the rights and obligation sub just to social control. S

In Hindustan Antibiotics v. The Workmen (A.I.R.1967 S.C.948) the Supreme

Court said that the object of the industrial law is twofold namely,

(i) to improve the service conditions of labour so as to provide for them the
ordinary a enmities of life and
(ii) by that process to bring about industrial peace which in its turn accelerate
productive activity in the country resulting in its turn, helps to improve the
conditions of labour which ca n be progressively raised from the stage of
minimum wage, passing through need based wage and fair wage o living
wage .

Equal pay for equal work is the foremost condition of a contented labour
force. Article 39 of our Constitution directs the State policy towards securing equal
pay for equal work for both men and women , and Article 43 enjoins on the State to
secure by suitable legislation of economic organization or any other way to all
workers –agricultural, industrial or otherwise work , a living wage, conditions of
work insuring a decent standard of life and full enjoyment of leisure and social and
cultural opportunities .Even before coming into force of the Indian Constitution ,
40
the Legislature in India had passed several Acts regulating the relationship and
employee.

2.2 SUMMARY

The concept of justice is not a simple one, but multi-dimensional. One of its
dimensional is social justice which is an outcome of social philosophy .A social
philosophy of a nation largely depends on its policy it follows. A society is judged
by the norms those govern the lives of its members. The norm that is enforced by
the State is its system which reflect rights, privileges and obligations of its
citizens.

The concept of social justice is not a pleasing but perplexing one. Its
connotations are social economic and political .Under a polity embracing social
justice discrimination based on caste, creed , race, religion, faith, sex and place of
birth does not find place. The concept assures all citizens individual dignity and
other cherished human values for the full evolution of his personality ,It envisages
to established a welfare state where equal opportunity to education and work for
livelihood is proffered to both –men and women without the least discrimination
based on caste and creed socio-economic justice pleads for equal remuneration
for equal work to both –men and worker without creating any difference of caste
and creed . Social justice must be in conformity with justice in all aspects of social
life of a given society. Without political justice economic justice vis-a vis social
justice is not possible. Political justice stands for an equal share in ruling and also
being ruled. It is a rule of law and not of men or men needs and under which
sovereign resides with the people. As political justice serves the social needs and so
it too is a part of social justice.

Economic justice for an equal opportunity for material gains to all citizens
without any discrimination of caste and creed. It can notes adjustment of various
interests in a given socio-economic structure of a State .In various Indian labour
legislation the concept of social justice is describe in every industrial adjudication.

41
A galaxy of case law concludes that the adjudications strike a balance between the
interest of labour force and the interests of capital investing public. It is because
without striking a balance of adjustments of the two interest’s industrial peace
cannot be achieved and without the industrial peace neither the country will
prosper nor the labour force will prosper. Thus, the concept of social justice
demands the satisfaction of interests of various sections of the society and
particularly those sections of people who did not opportunities to develop their
personalities.

2.3 SELF-ASSESSMENT TEST

1. What is social justice? Explain the concept of social justice with reference
to any Labour Legislation in India.
2. Explain the provisions of the Indian Constitution providing social justice to
labour force in industrial sector.
3. Distinguish between: (a) Social justice and Labour justice (b) Political
justice and Economic justice.
4. Is Reservation in Government services on the basis of castes is a social
justice? Discuss.
5. Trace the history of social justice with reference to labour legislation in
India.

2.4 FURTHER READINGS

1. Braham, Randolph L., Social Justice, Martinus N. Publishing Boston (1980)

2. David Miller, Social Justice, Clarendon Press, Oxford (1976)
3. Gajendragadakar P.B., Law, Lawyers and Social change, National Forum of
Lawyers and Legal Aid, New Delhi (1976)
4. Chaturvedi R.G., Natural and Social Justice, All,Law Book co., Allahabad
(1975)
5. Srivastava S.C., Social Security and Labour Laws, Eastern Book Co.,
Lucknow (1985)

42
 UNIT-3
Natural Justice
Objectives :-
After going through this unit, you should be able to appreciate
 the underlying principle of Natural justice,
 how to apply the process of natural justice and invoice policies and
actions in the Context of your industry, organization establishment
and employment so that the natural Justice is done to an employee.
 Role of Natural Justice in Labour Legislations

Structure :

3.1 Introduction
3.2 Definition and Meaning
3.3 Rules of Natural Justice
3.4 Role of Natural Justice in Labour Legislations
3.5 Judicial Analysis
3.6 Summary
3.7 Self-Assessment Test
3.8 Further Reading

3.1 INTRODUCTION

This unit has been prepared to acquaint you the nature, meaning, rules, role
and judicial analysis of natural justice which an employer is likely to experience in
the course of employment in the context of an industry, factory, plant, organization
an establishment.

43
 The doctrine natural justice interposes between ,an employer and a
Government and an employer and employee when any administrative action is
taken either by the Government against the employer relating to his industry, plant,
factory and establishment , or by the employer against the employee or employee.
In the context of an industry , plant, factory, or establishment an employer is likely
to face departmental enquiries and actions of the Government and likewise , a
workmen or employee is likely to face departmental enquiries and administrative
actions where the principle of natural justice come into play. The administrative
enquiries and departmental actions of the Government may even result into closure
of the industrial plant or establishment and if such result is arrived at it violation of
the principle of natural justice, It will not be sustainable in a judicial enquiry.

Again, since the enactment to hire and fire its labour laws the rights of
management to hire and fire workmen has been , considerably , abridged , because,
the workers has acquired the right under the industrial Dispute Act question and
challenge his suspension, dismissal and retrenchment. The Labour Courts, High
courts and the Supreme Court have been Vested with the powers of judicial review
of any such administrative actions of the employer and the employer has, now, to
act in a bona fide manner and for a just , fair and reasonable cause. In fact , a big
case law has been bull up in England and India on the application of the natural
justice for arriving many such administrative action affecting the legal of the
individual or working but here in only a level leading cases have been discussed
and analyses in order to acquaint and warn you as a manager and employer that
your action is subject to challenge and so it must stand in conformity with the
principle of natural justice.

3.2 DEFINITION AND MEANING

There is no single definition of natural justice that is both authoritative and

comprehensive .Ever shed M.R. in Abbott v. Sullivan [(1952) 1 K.B. 189 at p. 195]
has rightly observed that “ the principle of natural justice are easy to proclaim , but
their precise extent is for less easy to define” . Here , only it is possible to
enumerate with some certainty the main principles of which it is , in modern times,

44
said to consist. The qualification as to modern times has been made because the
expression ‘natural justice’ was unit the eighteenth century often used
interchangeably with the expression ‘natural law’ (Jus Naturals ) and other
synonymous phrases. But , recently , the phrase ‘natural justice’ has acquired a
restricted meaning and is used to describe certain rules of judicial procedure.
According to Hamilton L.J. the expression ;natural justice’ very Much lacking in
precision .Channel J., in Robinson v. Fanner [(1913) 3 K.B. 835 , 842] has
observed that “ there really is very little authority indeed as to what it does mean’.
‘

The phrase ‘Natural justice’ has meant many things to different lawyers,
authors and system of law. Professor Wade H.W.R. defines natural justice as “ the
name given to the certain fundamental rules which are so necessary to the proper
exercise of powers that they are projected from the judicial to the administrative
sphere”. A more positive and definite pronouncement concerning the elements
where of natural justice is composed is obtainable in Spaceman v. Plummeted
District Board of works [(1885) 10 App. Case, 229 ,240 ] where a superintending
architect of the metropolitan Board of work was exercise judicial functions . The
Earl of Selborne L.C. has said.

No doubt has in the absence of social provisions as to how the persons who
is to decide is to proceed , the law will simply no more than that the substantial
requirements of justice shall not be violated. He is not a judge in the proper sense
of the word, but they must give the parties an opportunity of being heard before
him and standing their case and their view. He must give notice when he will
proceed with the matter and he must act honestly and impartially and not under the
dictation of some other person or persons to whom the authority is not given b law.
There must be no malversation of any kind. There would be no decision within the
meaning of the statue if there were anything of that sort done contrary to the
essence of justice. Bowen L.J., in Lesson v. General Council of Medical Education.
[(1889) 43 Ch. D.366 at p. 383] has observed]

The Statue imports that the substantial elements of natural justice must be
found to have been present at the inquiry. There must be due inquiry. The accused
45
person have notice of what he is accused. He must have an opportunity of being
heard and the decision must be honestly arrived at after he was had a full
opportunity of being heard.

Likewise , in General Medical Council v. Spackman [(1943) A. C. 644]

Lord Wright has observed that the essential requirements that should be impartial
and that the medical practitioner who is impugned should be given a full and fair
opportunity of being heard.

The aforesaid are the views and opinions of the English Judges and writers.
Let us, now, try o understand as to what the Indian Judges say about the expression
‘natural justice’. In H.S. & I.E.., U.P. v. Chitra (AIR 1970 S.C.1039 at p. 1040)
Sikri, J. has said that the ‘natural justice’ is the price of the rule of law .Hedge , J.,
of the Supreme Court in A.K. Kraipk v. Union of India [(Air 1970) S.C. 150 at p.
156 ] has said that the aim of the rules of natural justice is to secure justice or put it
negatively to prevent the miscarriage of justice. The rules can supplement the law
but cannot supplant it. Thus , natural justice is judicial instrument in the hand of
Courts .its extents differ from cases to case depending on approach and attitude of
the Court. The rules of natural justice are not enacted and embodied statutory rules,
but they operate only in areas not covered by any statutory law. These rules do not
have overriding power over statute.

Thus, the rules of natural justice may be explained as the minimum

standard to be followed by administrative while discharging their ductile which
impinge on the interests of the citizens . These rules aim at to make the
administrative machinery objectively efficient . These rules insist on fairness of
the procedure to be followed by administrative authorities in the exercise of the
powers. Natural Justice is an essential part of the philosophy of life. There is
nothing rigid or mechanical about it. Any analysis of natural justice much brings
about a real relief rather than precise definition for its application. The Supreme
Courts, in Maneka Gandhi v. Union of India (A.I.R. 1978 S.C. 597) ,has held that
the natural justice is a great humanizing principle intended to invest law with all
fairness to secure justice. The principle and procedures of law applied in a
particular situation or set of circumstance must justness ,fairness and
46
reasonableness of the procedure established by law .The expression ‘natural justice
‘ is not capable of a static and precise definition .It cannot be imprisoned in the
strait jacket of a cast iron formula .The Supreme Court in Swadeshi Cotton Mills
v. Union of India [(1981) S.C.R. 533 at page 554] has observed that it is not
possible to make an exhaustive catalogue of such rules. The rules of natural justice
are a means to an end not an end in themselves. Natural justice, like ultra virus and
public policy ,is a branch of public law and is a formidable weapon which can be
wielded to secure justice to citizens .Further, in Natural Textile workers Union
v.P.R. Ramakrishna (A.I.R.1983 S.C. at p. 89) the Supreme Court has observed
that the principle of natural justice is not exclusively a principle of administrative
law but a principle of universal law. The Indian low has been deeply influenced by
the English common low. the cases having influenced the Indian low are ;board of
education v. Rice (1911) A.C.179] Local Government board v.Alridge [
(1964)A.C. 120] R.V. Electricity commission [ (1924) 1 K.B.171] and Ridge v.
Baldwin [(1964) A.C. 40 ] In board of Education v. Rice ,the Board had to
determine a dispute between a board of school managers and local education
authority .pointing out the procedure which the board had to follow, the house of
lords observed.

The Board of Education must act in good faith and fairly liaison to both
sides ,for that is a duty lying upon everyone who decides anything .But ….(it) is
not bound to treat the question as though it were a trial. They have no power to
administer an oath ,and need not examine witnesses. They can obtain information
to any way they think best always giving a fair opportunity to those who are parties
in the controversy for correcting or contradicting any relevant statement
prejudicial to g their views. Lord Holdane L.C. expanding the above view in local
government Board v. Abridge has observed; when the duty of deciding an appeal is
imposed, those whose duty it is to decide it must act judicially. They must deal
with the question referred to them without bias, and they give to each of the parties
the opportunity of adequately representing the case made

Two important rules that a man cannot be judge in his own case and one
who decides must hear the parties were laid down in the above judicial
pronouncements.
47
 With the dawn of independence in 1947 and the enforcement of the Indian
Constitution in 1950 , the role of the state and the Government changed and an
administrative era has set in India . The Indian constitution ,on one hand ,has
guaranteed certain basic rights to the citizens and on the other hand various
limitations have been imposed on them .The enforcement of the basic rights has
been secured through the supreme Court and various High Courts under Article 32
and 226 of the Constitution . The Courts have been empowered to enforce these
rights by issuing directions orders and writes including those of the prerogative
nature issued under the common low of England.

The Indian Courts have applied the principles of natural justice, more or less
on the that pattern of English decisions in Radheshyam v. state of M.P.(A.I.R.
1959 S.C.107) the Supreme Court discussed the application of the principles of
natural justice as laid down in the above English cases and following them held
that the state Government could not appoint executive secretary to take all the
powers of Municipal Committee and could not declare the two functions of the
Committee as incompetent to discharge its duties without following the principles
of natural justice . In this case the two functions of the Committee were not given
opportunity of being heard . Further , the Court in Express News (p) Ltd .v.Union
of India [(1959) S.C.R. 12]observed that if the functions of Wages Board were
administrative or legislative in character , the decision could not be challenged on
the ground that their procedure was contrary to the principles of natural justice.

In Board of high school v. Ghanshyamdas (A.I.R. 1962 S.C.1110) the

supreme Court said that the action of the Board in cancelling the respondents
results and in debarring them from appearing in the next examinations was without
jurisdiction as the respondents were not provided with an opportunity of being
heard. The court said that Examination Committee of the Board was acting quasi-
judicially and the principles of natural justice must apply. The English case, R.V.
Manchester legal aid Committee, expert Brand [(1952)all E.R. 480]where it was
said that a” duty to act judicially may arise in widely different circumstances
which it will be impossible and indeed inadvisable to attempt to define
exhaustively”.
48
 The application of the principle of natural justice was, for the first time, put
on the right track by the supreme Court in A.K. Kraipak v. Union of
India(A.i.R.1970 S.C.150).in this case the Court ruled that the object of the
principles of natural justice is to secure justice and to prevent miscarriage of
justice. The aim of both quasi-judicial and administrative enquiries is to reach a
just decision. The Court, thus, attempted to do away with the artificial distinction
between quasi-judicial and administrative function.

In Maneka Gandhi v.Union of India (A .I .R. 1978 S.C.597) the Court has
held that the soul of natural justice is a fair play in action and there can be no
distinctions between a quasi-judicial and administrative function for the purpose. In
this case the Court gave a new interpretation of the phrase procedure established by
low of Article 21 of the Indian constitution as meaning adjust ,fair and reasonable
‘ procedure Further , the Court in Bachana Singh v. state of Punjab in 1980 re –
wrote the content of Article 21 and the aforesaid two decisions revolutionized the
concept of the ‘procedure established by law’ importing into it ‘justness , fairness
and reasonableness of the procedure established by valid laws

The Supreme Court, in Frances Cora lie Mullin v. The Administrator U.T.,
Delhi (A.I.R. 1981S.C. 746 ) vastly extended the scope and ambit of procedural
fairness. The Court ruled that Article 21 within its scope and ambit includes the
right of an individual to live with basic dignity and the State cannot deprive
anyone of this precious and invaluable right because no procedure by which such
deprivation may take place can ever be regarded just, fair and reasonable

3.3 RULES OF NATURAL JUSTISE

The above extracts from the judgments of the highest Courts are sufficient
to explain the two essential rules of natural justice which are in modern times
usually expressed in the following forms :(a) no man shall be judge in his own
cause ,or nemo judex in sue cause ;and (b) both sides shall be heard ,or audi
alteram partem .

49
 Other principle which have been stated to constitute elements of natural
justice are that (i) the parties must have due notice of when the judge or tribunal
will proceed with the case ,(ii) the concerned individual who is to stand before an
enquiry officer must have prior notice of all the charges and allegation against him
so that he can prepare himself to meet them on the day of hearing and ,is not taken
by surprise ,(iii) the court or tribunal should not act under the dictation of other
persons who have no authority , and (iv) if the tribunal consists of several members
,all must sit together all the time ,These other rules are merely extensions and
refinements of the two main rules of natural justice ,which are discussed as
followers:

(a) No man shall be judge in his own cause (Nemo Judex in Cause Sun )
The basic objective of natural justices is to make an unbiased ,impartial and
fair. To very great extent judges of Courts follow these standards and are expected
to follow them. But an apprehension arises in case of administrative authorities
charged with quasi-judicial functions between the administrative and individuals.
They are likely to be biased ‘officially, in cases of administrative ad judicial where
a judicial Scrutiny is made, the Courts will scrutinize as to whether the principle of
a just, fair and reasonable procedure has been followed or not. The main rules of
bias and interest are (i) ‘no person shall be judge in his own cause ‘,and (ii) justice
should not only be done appear to have been done.

When a judge or member of a tribunal has pecuniary interest the will apply
with full vigor howsoever the exalted position ,or trifling monetary interest of the
member may be . The doctrine of bias and departmental bias are based on simple
principle that where a public or private authority is charged with discharging
public duty , it should function objectively ,fairly and impartially.

(b) Both sides shall Be Heard (Audi Alteram Partem)

No one should be condemned unheard is the basic principle of natural
justice ,both sides to the dispute must have an opportunity of being heard by the
Court or the tribunal. The rule has got two off shoots ;namely ,(i) both sides
,particularly the party charged with should have notice of the charges and
50
allegations to be met with and (ii) and opportunity to explain the charges in
defense. This opportunity of hearing if not given before the decision taken, be
given after the decision. The rules of natural justice may embrace number of sub –
rules which may very their application according to fact situation of a particular
case. The Court only insist upon the result that the decision arrived at must be just
and fair. Therefore the rules of natural justice do not go to the form but to the
content.

Natural justice demands that a person whose legal rights are to be affected
should be given a notice of the charges and allegations providing a reasonable time
to explain them in his defense. At first a controversy arose that the rule audi –
alteram partem applied only in judicial and quasi –judicial proceeding but, did not
apply to administrative proceedings .But this controversy has been put o rest since
the decision of A.K.Kraipak v.Union of India (A.I.R. 1970 S.C. 150). The Supreme
Court in its land mark judicial pronouncement held that even administrative orders
must be preceded by notice and hearing if the proceeding will have adverse civil
consequence upon a person.

As regards the standard of hearing, it may be oral as well as in writing. It

may be personal or through lawyer of representative depending upon the practical
necessity of the situation. it may be a full-fledged hearing or a very brief and
minimal. The hearing may be prior to a decision or even after the decision is made
depending upon the situation of a particular case.

In quasi –judicial and administrative hearing the administrator is not a judge

or Court in the proper sense of word, but he must give the parties an opportunity of
being heard to state their cases and views. Here, hearing of the parties does not
mean their examination according to the rules of evidence. Tribunals exercising
quasi-judicial or administrative functions are not Courts and therefore, they are not
bound to follow the strict procedure prescribed for trial in Courts nor are bound by
strict rules of evidence.

51
 The rule that no person shall be a judge in his own cause and, that the
parties must have an opportunity of being heard will , further , be analyses and
discussed under heading judicial analysis,.

3.4 ROLE OF NATURAL JUSTICE IN LABOUR

LEGISLATIONS

Any industry, factory or established, whether in public or private sector or

wholly owned controlled by Central or a state Government, needs man power, and
without which it cannot function. Two major factors, capitals and labour are
required to remain contented for the development of the industry. Thus the
industrial revolution within and outside the country gave birth to several labour
legislations dealing with management, etc. The legislations as such are: the as
Industrial Disputes Act ,1947, Factories Act 1948 Coal Mines Act and many such
others and social security. Legislations have been enacted, enforced and amended
from time to time to accord with social needs with the changes of time.

Many time has been that labour management legislations have conferred
sweeping powers on the management exercising administrative control over an
industry , plant , factory or establishment .In such situations , when an
administrative tribunal or a statutory body exercise expressive control over labour
force ;or when Government authority exercise unwarranted control and restrictions
on management , conflict is bound to crept and there ,the decisions of adjudicatory
authority may not necessarily , be always in accordance with the principles of
natural justice .Likewise , in the adjudications of labour management disputes ,
because of departmental bias or personal pecuniary interest , and such other related
factors , the executive action may not be in accordance with the rules of natural
justice and consequently justice may not be done to an individual. Thus, the rules
of natural justice interpose in such situations and bring about justice by redressing
the grievances of the individual.

52
 In labour legislations , whether it is the Industrial Disputes Act , or the
Factories Act , or the Payment of Provident fund Act or the Payment of bonus Act
or the Payment of Gratuity Act in every labour legislation there is a vast scope of
administrative action , and if exercised arbitrarily , capriciously and improperly , by
justice may not be done to an individual .Initially ,the administrative in actions
were excluded from the application of the rules of natural justice , but with the
chance of time , and now the principle of natural justice apply for judicial scrutiny
of an administrative action whether the authority has or has not exercised quasi-
judicial functions it, arriving at particular decision.

3.5 JUDICIAL ANALYSIS

(a) No man shall be judge in his own cause ( Nemo Judexi in Sua
Causa )
The Indian courts have always followed the principle of justice enunciated
by .the Court of Common Low principles in England. The rule of Dimes v.Grand
Junction Canal [ (1852) 3H.C.L.759 ] and king v.Sussex Justices [ (1924 )
1K.B.256] have consistently , been followed. In the former case, Lord Cottenhem
had made several decrees in favor of Canal Company in which he had shares. On
appeal the decisions of Lord Cottenhem was set aside on the ground of bias and
interest , through it was fully established that he was not , even remotely ,
influenced by his share in the canal Company. In the other case, the clerk to the
justices was associated with the firm of solicitor which was contending a claim for
damages against the clerk who was convicted before the justice .His conviction was
set aside although the justice has new consulted the clerk.

In Khelwanti v. Chet Ram ( A.I.R. 1952 Punj. 67 ), the Court set aside the
proceedings as being contrary to the principles of natural justice on account of the
tribunal having been consisted of close relations and friends of one of the parties.
State of U.P.v. Nooth(A.I.R. 1958 S.C. 86 )is another case on the point. In this case
of a departmental enquiry against the respondent, a police constable a witness went
hostile and the Superintendent of police conducting the enquiry left his seat and

53
deposed as witness and on that basis gave his decisions. The Supreme Court set
aside the decision on the ground of violation of natural justice.

In Manak Lal v. Dr. Prem Chand (A.I.R. 1957 S.C. 425 ) the Supreme
Court held that the Chairman of the Bar Council who had earlier represented Dr.
Prem Chand was not competent to be in the tribunal relating to an enquiry of
professional misconduct against the appellant advocate. Though there was no real
like hood of bias .but the Court said “justice not only be done but undoubtedly
and manifestly seem to be done ‘Likewise, in D.L. Ramesh v. State ( A.I.R. 1978
Kant .3) the High Court held that the order of special deputy Commissioner as an
appellate authority under the Karnataka Rent control Act was vitiated on the
ground that when the appellant and his advocate went to see the special deputy
Commissioner , they saw the wife of allotted coming out from the house of the
special Deputy Commissioner ,The Court said that the decision of appellate
authority was contrary to rules of natural justice which insists that justice should
not only be done but manifestly and undoubtedly appear to have been done .The
Supreme Court in A.K. Kraipk v. Union of India ( A.I.R. 1979 S.C. 150 )has held
that mere suspicion of basis is not sufficient . It is the reasonable like hood of bias
that will vitiate the proceedings. In this case the acting Inspector General of Forest
of Jammu and Kashmir being a candidate for the post was a member of the
Selection Board through when his turn came for his appearing before the Board, he
withdrew himself from the Board yet his name was placed on the top of the
selected candidates. The Supreme Court has observed that as the purpose of natural
justice is to prevent and miscarriage of justice and that purpose has not been
obtained in this case as the participation of the acting Inspector General of Forest in
the Selection Board manifestly created a conflict between his duty and interest .He
acted as a judge in his own case and that created circumstance abhorrent to our
concept of justice and accordingly, the selection was set aside.

Personal Pecuniary Interest

Direct pecuniary interest of judge disqualifies him from deciding a case.
The rule applies with howsoever the exalted tribunal or the trifling interest may be.
In Annamalai v. State of madras (A.I.R.1957 A.P. 739) where Regional Transport

54
Authority Constituted under the Motor Vehicles Act, 1939, had granted a permit to
one of his members, the High Court had cancelled the permit on the ground of bias.
Mineral Development Ltd. v. State of Bihar (A,.I.R. 1960 S.C. 468) presents clear
example of personal bias. In this case the proprietor granted mining lease for all
minerals in the lashed property to the appellants. The company subsequently
obtained a license under the Bihar Mica Act for Mica mining in which the
proprietor was keenly interests .The proprietor’s political rival was elected to the
Bihar Legislative Assembly and was also, sworn in as Revenue Minster. He
initialed an enquiry against and appellant and cancelled the license .The Supreme
Court held that the Revenue Minister had personal bias against the proprietor and
he should not have initiated the enquiry for cancellation of the license.

Department Bias
The two cases of G. Nageshwar Rao v. Andhra Pradesh State Road
Transport Corporation (A.I.R. 1959 S.C. 308 and 1376) present is a good example
of departmental bias .In first case the objections to the scheme of nationalization
of certain routes were heard by the Secretary to the Department of transport who
overruled all the objections .The decisions on being challenged before the
Supreme Court, It was held the hearing being given to the Secretary of the same
department against whose proposed scheme the objections have been raised
violated the principle of natural justice because the Secretary hearing the objections
could not be said to have acted without bias. In the second G. Nageshwar Rao ,
case the minister heard the objections and rejected them. Again his distinction was
challenged on the ground of bias , but the Minister’s decisions was upheld by
making a distinction between a Civil Servant and a Minister .The acts of the
Secretary or any other official of the Department was considered as motivated by
the department bias while the act of the Minister could not be said to be motivated
as his acts are presumed to be based on public policy.

Bias and Mala-Fids

Sometimes a distinction is made between bias and mala-fides .Mala –fide is
known as had faith .Bias is principle of natural justice while mala-fide or bad faith

55
is linked with the discretionary powers .but both are subject to judicial review.
The Supreme Court seems to have used mala-fides in the sense of bad faith in
Pratap Singh v. State of Punjab (A.I.R. 1964 S.C.72) where the action taken by the
Punjab Government at the instance of its chief Minister against the appellant a
Civil Surgeon was set aside on the ground of mala-fides.
The describe of bias is based on the simple principle that a public authority
of a private authority charged with public duty should discharge it functions
objectively , fairly and impartially incase of bias the Courts have been rigid and
have been struck down decisions on mere apprehensive or on likelihood of bias ,
while in the case of mala-fides the Courts have been liberal and have insisted on
the charge of bad faith abuse of misuse of powers on being established .However
,in the sense of improper motive, bad faith need not be established by direct
evidence and it may be inferred from the proved facts. If the proceedings involved
are quasi-judicial the describe of bias is applied and where the proceedings
involved are administrative the rule of mala-fides is applied. This is not a clear cut
distinction as both –bias and faith are parts of the doctrine of ultra virus.

(b) Both sides shall be Heard (Audi Aleram Partem )

It is the basic rule of natural justice that no one should be condemned
unheard. The rule of ‘Audi alteram partem’ gives effect to just , reasonable and fair
procedure .The origin of the rule dates back to the origin of Magna Carta (1215)
and down to R.V. chancellor of Cambridge (1723) .The Principle was invoked in
the investigation of the first offence on record that committed in the Garden of
Eden, where it has been said that “ the laws of God and man both give the party an
opportunity to make his defense, if he has any ….. even God himself did not pass
sentence upon Adam, before he was called upon to make his defense.
With the increase of public participation in the Governmental activities and
the decline of laisseze faire ,regulatory function of public authorities increased ,and
the right of hearing was proclaimed by the court as a rule of universal application
founded on the plainest principles of justice in copper v. Wandswooth Board of
works in 1863. During the period of First and Second world was, a cut on the right
was imposed but the same was lifted after 1950 and the principle recaptured its lost

56
glory in Ridge v. Baldwin [(1964) A.C.40] and now applies with vigor, Indian
decisions have been much influenced by Ridge v. Baldwin as is found in
Nawabkhan v. Abbaskhan (A.I.R. 1974.S.C. 1471).

In Ridge v. Baldwin , Ridge , a former Chief Constable was charged

,prosecuted , tried and acquitted of the charges of conspiracy ,but due to Court
structure of his conduct , he was dismissed from his services without any notice
and an opportunity of hearing being given to him. Against his dismissal he went
from pillar to the post but, could not get justice. Lastly, he moved the High court
which too dismissed his petition on the ground that administrative or executive
action was not of Judicial or quasi- judicial nature ; the court of appeal too rejected
his appeal . Finally, the case come in appeal before the House of the Lords and it
was held that dismissal was nullity as it was in total disregard of the rule of Audi
alteram partem of natural justice.

Thus , the writs of certiorari and Prohibition will lie “wherever anybody of
persons having legal authority to determine question affecting the right of the
subjects ,and having the duty to act judicially , act in excess of their authority ;.the
principles of natural justice apply in the cases were an authority has to discharge a
quasi- judicial function . The principle has three characteristics, namely (a) the
right to be heard by an unbiased tribunal ,(b) right to have notice of charges of
misconduct and (c) right to be heard in answer to those charges .

The Indian constitution by Article 32 and 226 confers wide powers of

judicial review of administrative action; and it was expected that the Courts would
widen the horizons of natural justice. But the very first decision of the Supreme
Court in Bombay Province v.Khushaldas Advani ( A.I.R. 1950 S.C.222 ) was
contrary to the expectation of Indian public. In this case the respondent was a
tenant of flat in Bombay and was deprived of his tenancy by an order of the
government without being heard , Against this decision of the Government he
made a petition to the High Court under Article 226of the Constitution which was
allowed by the High Court ,.But, on appeal by the Bombay Government the
Supreme Court , following the English precedents ,reversed the decision of the
High Court on the ground that the Governments order was an administrative one
57
and not a judicial or quasi- judicial ,therefore , the principles of natural justice
could not be applied.

When the petitioner was being professional for carrying out the business of
a hotel without a license , had had challenged the order as violative of
Constitutional guarantee of Article 19(1) (z) ,the Supreme Court rejected the appeal
on ground of sweeping power conferred on the Police commission to refuse license
without hearing under the Calcutta Police Act,1866 .The Aforesaid decisions of the
Supreme Court were based on legislative analysis and were unfortunate in the
context of the changed circumstances under the constitution.

The Supreme Court in its subsequent decisions modified its earlier view and
held that an administrative authority discharging judicial or quasi-judicial function
was obliged to follow the principle of natural justice not-withstanding the fact that
the Act and the rules framed there under did not provide an opportunity of hearing
being given to an individual affected by the order. This changed attitude of the
Supreme Court is clearly discernible in Board of High School & Intermediate
Education v. Ghanshyam elsewhere discussed. If the duty to act judicially has been
expressly provided by a statute , the same may be inferred from the surrounding
circumstance together with the nature of the rights affected (Board of Revenue v.
Vidyavati , A.I.R. 1962 S.C. 1217).

The rule of Ridgr v. Baldwin changed the judicial attitude of the English
and Indian judiciary towards the principles of natural justice and the practice of
‘inference becomes an established rule by the year 1965. The rules of natural
justice are not statutory or codified rules , but judicially evolved and applied by the
Courts in the context of writs of certiorari prohibition , Quo Warrantor , Mandamus
and Habeas Corpus and the breach of natural justice has been recognized as one of
the grounds for granting such writs. The Phrase “judicial acts” includes the exercise
of quasi-judicial function for administrative bodies or authorities or persons
obliged to exercise such functions .The emphasis of the court for a judicial act
comprised four factors namely , (a) a body of persons, (b) having legal authority
,(c) to determine questions effecting the right of subjects and (d) having the duty to
act judicially .This duty to act judicially is to gathered from Acts and the Rules
58
made there under, but where the duty and the rules do not provide for the duty to
act judicially the Court would see the manner applied for arriving at the decision by
the authority , and would read the duty of acting judicially on the basis of materials
used for arriving at a decision.

The requirement of acting judicially is nothing but a arriving to etc justly,

Fairly and not arbitrarily or capriciously .In A.K. Kraipk v.Union of India (A.I.R.
1970 S.C. 150) the Supreme Court emphatically said that “ if the purpose of the
rules of natural justice is to prevent miscarriage of Justice one fails to see why
those rules should be made inapplicable to administrative enquiries .Often times it
is not very easy to draw the line that demarcated administrative enquiries from
quasi-judicial enquiries .Often times it is not very easy to draw the line that
demarcates administrative enquiries from quasi- Judicial enquiries”. Thus, Kraipk
case has made it amply clear that the rules of natural justice are no more confined
to only quasi-judicial acts, but also extend to administrative acts.

A reasonable notice of the change, and the date of hearing in defense is

necessary, A notice should provide reasonable opportunity of hearing the
representation. A one day’s notice to a Person who is out of station cannot be said
to be a reasonable notice. An oral notice with technical irregularity or with
defective wording is a sufficient provided it furnishes as opportunity to the
concerned individual to represent his case.

Opportunity
The person against who action is proposed to be taken , must be given a
reasonable opportunity to explain and defend. what is a reasonable opportunity,
cannot be defined precisely It differs according to factual situations .It may be an
oral and personal hearing or by representative and it may be by a written
representation also. Reasonable opportunity of being heard of fair hearing requires
that the concerned individual be informed of the charges and allegations
beforehand so that he can prepare to meet them before the enquiry officer.

Manka Gandhi v. Union of India (A.I.R. 1978 S.C. 597) is a land mark
decision was the Supreme Court imported the American due process clause under
59
Article 21 of the Constitution and opened a new visa in the field of natural Justice.
In this case the passport of the petitioner was impounded by the Government and
the reasons for impounding the passport were not supplied in the interest of general
public. The petitioner challenged the order by a writ petition under Article 32 of the
Constitution and amongst other things pleaded that the order was null and void as
no opportunity to be heard was given to her. The petitioner , further urged that
action 10 (3) © of the passport Act, 1967 ,was ultra virus to Article 21 since no
procedure for impounding has been provided and that was highly arbitrary,
unreasonable and country to Article 21 of the Constitution . The court has observed
that the passport authority may impound the passport without giving any prior
opportunity to the person concerned of being heard an opportunity of hearing as a
remedial measure should be given .The hearing may be pre-decisional and if not, it
must be post-decisional. It was further held that the Court was wholly unjustified in
withholding the reasons for impounding the passport .The Court, further, observed
that the procedure Applied has to be tested at the anvil of Article21of the
Constitution which embodied Justness, Fairness and reasonableness of the
procedure embedded under the doctrine of natural justice.

3.6 SUMMARY

The expression, natural justice is very easy to proclaim “but far less easy to
define.” The expression natural justice until eighteenth century was, often, used
interchangeably with the phrase ‘natural low;. In course often and with the change
of circumstance divine principles of justice were replaced by a system of
procedural Low known as due process of Low. Thus the principle of natural justice
became the basic requirement to be followed by any Court of tribunal discharging
judicial function: and its function became confined for securing justice and
preventing miscarriage of justice.
The doctrine of natural justice in modern time is usually expressed in the
two forms which constitute the cardinal principle of justice. The first essential
element of natural justice is that no man shall be judge in his own cause (nemo
judex in sua causa) It means that a person whose interest is directly or indirectly
involved in a dispute shall not act as judge to be or member of a tribunal for

60
deciding the dispute .It is because there will be a conflict between his interest and
his duty and as such his decision is likely to be based .the elements of interest and
bias have always been described and announced in the judicial pronouncement of
Courts and tribunals.
The second essential element of natural justice is that both sides shall be
heard; in other words , no one shall be condemned unheard. This principle is
conceding in the maxim Audi alteram partem. In addition to the two essential
elements of justice , a few other principle are stated to constitute natural justice
and they are (i) the parties must have due notice of the charges and allegations.(ii)
the Court of tribunal will proceed with the case , (iii) the Court of tribunal should
not act under the dictation of other person who have no authority , and (iv) if he the
natural consists of several member all must sit together all the time .these other
rules are merely extensions or refinements of the two main elements of natural
justice and are read in them.
Initially the principle of natural justice was made applicable by the Courts
in England and India for scrutinizing the decision of an authority or tribunal
exercising judicial function only. Gradually, the Courts released the efficacy of the
principle due to a change in the circumstance and the phrase judicial function was
read and interpreted as inclusive of quasi- judicial function discharge by an
administrative authority or tribunal. with the passage of time and many fold
increases in the regulatory and rules and procedures , now , the principles of
natural justice ever since the decision of Ridge v. Baldwin in England and A. K.
Kraipk. v. Union of India are made applicable to the acts of administrative
tribunal exercising quasi- judicial as well as administrative functions where the
legal rights of an individual has been involved . The artificial distinction made
between quasi- judicial and administrative functions has been given a good bye .
Further , the rule ‘of Manka Gandhi v. Union of India has enlarged the scope and
ambit of judicial review of an administrative action by reading in to Article 21 of
the India constitution a procedure which is just , fair and reasonable and is in
conformity with the American due process of Low .

3.7. SELF ASSESSMENT TEST

61
1. Who do you mean by natural justice?
2. Briefly discuss the various elements of natural .
3. No man shall be judge of his own cause ‘Discuss.
4. Discuss the principle of Audi alteram partem .
5. Distinguish between natural justice and justice in India.
6. Briefly trace the application of the principles of natural justice in labour
legislation.

3.8. FURTHER READINGS

1 Marshall H.H. Natural Justice , Sweet 4Maxwell Ltd.,

2 Chaturvedi R.G.Natural Justice &Social Justice , Low Book Co. Allahabad
(1975)
3 Sathe S.P. Administrative Low ,N.M. Tripathi , Bombay (1980).
4 Joshi K.C. Administrative Low ,A.L.A, Allahabad (1984) .
5 Srivastav S.C. Social Security and Labour Lows, E.B.C. Luck now (1985).

62
 UNIT- 4
Constitution and Labour
Objectives :-
After going through this unit, you should be able to:
 Know and appreciated the under lying object of the constitution ;
 Know the provisions relating to labour in the constitution of India;
 Know the constitutional remedies available in case of violation of
constitutional provisions;
 Know about the constitutional validity of lobour laws;
SCHEME OF THE STUDY:

4.1 Introduction
4.2 Constitution of India and Labour
Provision in Part III
Provision in Part IV
4.3 Constitutional Remedies
4.4 Constitutional validity of Labour legislation
4.5 Summary
4.6 Self Assessment Test
4.7 Key Words
4.8 Further Readings

4.1 INTRODUCTION
This unit has been prepared to acquaint you with the constitutional outlook
towards labour in India.
Speaking generally the Constitution of a country seeks to establish its
fundamental or apex organs of the government of the country and described their
structure , composition power and principle functions . But many modern

63
constitutions describe the goals also to be achieved by the future government. The
Constitution of a country is fundamental and Supreme law of the land and formal
source of all powers it, therefore, controls and permeates each institution in the
country.

The preamble to the constitution of India embodies the philosophy and

goals of the Constitution . It aims at the creating a democratic government to
secure for all citizens , judicial – social , economic and political with an assurance
of the individual. These objectives and the social goals , for which the Indian
constitution has been founded , reflect the concern and dedication of the people of
India to establish a really welfare state for the good of all people as a dignified
individual irrespective of race , religion , caste ,creed , language , belief or
occupation.

In a free democracy the dignity of man is the supreme value .It is inviolable
and must be respected and protected by the State for the sake of his dignity , every
individual must be guaranteed the largest possible scope for development of his
personality , as it not enough for the state to look after only the welfare of subjects .
The free democratic order also deduces from the idea of men’s dignity and
freedom, the task of insuring that justice and humanity exist in relationship among
the citizens themselves. This relationship includes the duty of preventing
exploitation of one individual by another. A liberal democracy considers it its task
to prevent real exploitation, i.e., exploitation of an individual as a worker or labour
, under degrading conditions and for no or insufficient wages. Therefore the
executive , legislative and judicial processes are enjoined to adhere to this social
philosophy and secure social services for the people . Indian Constitution has
given a place of pride to the attainment of the ideal of social and economic justice ,
welfare and common good . For this reason , indeed ,the modern labour legislation
in India bears a striking inspect of the basic low of the land .The development and
growth of industrial lows after the commencement of the Constitution presents a
close analogy to the development and growth of constitutional low during the
same period . The rights and benefits conferred on the workmen under these
statutes are intended to ensure basic human dignity to the workmen , social justice
and public welfare.
64
 4.2 THE CONSTITUTION AND LABOUR:
It is of great importance in a democracy not only to guard the society
against the oppression of its rulers but to gourd one part of the society against the
injustice of the other part. Different interests necessarily exist between different
classes of citizens. If a majority be untied by a common interest, the rights of the
minority will be insecure some measure is essential against this evil. The
Constitution of India adopted a special measure. Accordingly, the state and every
one of its agencies are commanded to follow certain fundamental principle while
they frame their policies regarding the various fields of state activity. The principle,
on the hand, are assurance to the people as to what they can expect from the state
and , on the other , are directives to the Government –Central , State, and local-to
establish and maintain a new social order in which justice – social , economic and
political shall inform all the institutions of national life’. The first kind of principle
, in the constitution of India are described as Fundamental Rights contained in Part
III and second as Directive principles of State policy , contained in Part IV thereof.
The Constitution of India contains a number of provisions in it for the welfare of
labour as a special category of citizens along with other general provisions for the
follow citizens. The constitutional provisions dealing with labour are discussed
here in after.
I .Fundamental Rights and Labour:
The glory of the constitution of India is that , while guaranteeing ,
fundamental Rights to each and every citizens of India, it has provided a good
number of provisions with a specific relevance for the labour and workers . Parts
III of the constitution guarantees a number of Fundamental Rights to the people of
India , and the labours individually and collectively can claim these fundamental
rights .Article 14 of the Constitution of guarantees right to equality in the words
that ‘the state shall not deny to any person equality before low or the equal
protection of lows ‘Article 19 (I) provides that all citizens shall have the right –(a)
to freedom to speech and expression ;(b) to assemble peacefully without arms : (c)
to from association and unions (d) to practice any profession, or to carry on any
occupation , trade or business . Article 21 guarantees a right to life and personal

65
liberty which cannot be taken away except in accordance with the procedure
established by law. The expression ‘life, in Article 21 does not merely cannot
animal existence or a continued drudgery through life but has much wider meaning.
It means a life of a dignified of human being .Article 25 to 28 ensure religious
freedom. Cultural and educational rights are guaranteed in Articles 29 and 30.
Article 32 ensure the right to constitutional remedies in case of violation of the
Fundamental Rights .Similar provision is contained in Article 226 to enforce
fundamental and other constitutional rights.
In addition to all these fundamental rights which are guaranteed for each and
every people of India and therefore, for a labour or workers also, Article 23 and 24
ensure fundamental rights especially for workers.
Prohibition of Forced Labour or Beggar:
Article 23 and 24 deal with the rights against Exploitation. Article 23
prohibits trafficking in human beings and beggar and similar forms of forced
labour .Article 23 designed to protect the individual not only against the state but
also against other private citizens . it prohibits trafficking in human beings and
begar and other similar forms of forced labour practiced by anyone else. Forced
labour or service which a person is forced to provide o and ‘force; which would
make such labour or service ‘forced labour, may arise in several ways. It may be
physical force which may compel a person to provide labour or service to another,
or it may be compulsion arising from hunger and poverty, want and destitution.
The word ‘ force , must therefore , be construed to include not only physical or
legal force but also force arising from the compulsion of economic circumstances
which leave no choice or alternatives to a person in want and compels him to
provide labour or service even though the remuneration received for it is less than
the minimum wage.

Prohibition of Child Labour:

Another important, Art. 24 of the Constitution of India deals with
prohibition of child labour Article 24 provides that no child below the age of
fourteen years shall be employed to work in any factory, or engaged in any other
hazardous employment. It imposes restrictions mainly with regard to minimum

66
age of the child worker and the nature or work in which such a child worker is to
be engaged so that the children may be protected from the exploitation by the
employer or industrialist. The Constitutional goal to eradicate child labour is
pictorially visible both in the philosophy of the Preamble and various provisions of
the Directives Principle of State policy contained in Part III of the Constitution
along with Article 24 .As the provisions of Article 21 are inserted in the
constitution to promote the personal liberty and dignity of all persons. Article 24 is
intended a predominant role to safe guard the personal liberty, dignity and basic
human rights of children who are compelled to work .

In Short, the above mentioned fundamental rights of labour concerning

freedom of speech, freedom of assembly , freedom to from association and the
trade unions. The prohibition of forced labour, restriction on employment of
children in factories, protect some of the basic human rights of the workers,
necessary for their dignified life and liberty.

II . Directive Principle and Labour:

Besides the Fundamental Rights, many provisions concerning labour are
also found under chapter IV, of the Constitution of India. The philosophy of social
justice has given a sweeping content of social Justice to Indian labour legislation .It
is neither narrow , nor one sided , or pedantic, and it not confined to industrial
jurisprudence alone. It’s sweep is comprehensive .It is founded on the ideal of
socio- economic equality and its aim is to assist the removal of disparities and
inequalities. Indeed, modern labour legislation is enacted to carry out the
constitutional promises and pledges to the people of Indian in general, and working
class in particular .The constitutional commitment for labour is direct and it
involves the creation of a new social order through law for the benefit of the
common and needy man. The framers of the Indian Constitution realized the
significance, the new wind of change, and incorporated Directive Principles of
State Policy which it shall be the duty of the state to apply in making its laws
.These Directive Principles include the principles of policy which are in the interest
of every people including the labour and which are specially in the interest of
labour only. These are:
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1. Article 38 (1) directs the state to promote the welfare of the people by
securing and protecting as effectively ,as it may ,a social order in which
justice , social economic and political , shall inform all the institutions of the
national life. This directive reaffirms what has been declared in the
preamble to the Constitution.

2. Article 38 (2) directs the state to starve to minimize the inequalities in

incomes, and Endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also groups of people
residing in different areas or engaged in different vocations.

3. Article 39 requires the state is particular , to direct towards securing:

(i) That all citizens, irrespective of sex, equally have the right to an
adequate means of livelihood, Art 39(a)
(ii) That the ownership and control of the material resources of the
community are so distributed as best to sub serve the common good:
Art 39(b)
(iii) That the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment Art 39©
(iv) That the children are given opportunities and facilities to develop in a
healthy manner and in conditions protected against exploitation and
against moral and material abandonment, Art 39(d) Article 39 (b) and
(c) are very significant provisions as they affect the entire economic
system in India and Article 39(f) is supplemental to Article 24 which
prohibits child labour:

4. Article 41 requires the State , within the limits of its economic capacity and
development , to make effective previsions for securing the right to work ,
to education and public assistance of unemployment , old age, sickness and
disablement and in other cases of underserved want.

68
5. Article 45 requires as the State to Endeavour to provide, within a period of
ten years from the commencement of the Constitution , for free and
compulsory education for all children until they the age of 14 years. It is
not confined merely to primary education , but up to the age of 14 years,
whatever the stage of education it may come to:

6. Article 46 obligates the state to promote with special care the educational
and economic interests of the weaker sections of the people.

7. Article 47 obligates the state to regard, as among its primary duties, the
rising of the level of nutrition and the standard of living of its people and the
improvement of public health .In particular, the state is to endeavor to bring
about prohibition of the consumption , expect for medicinal purposes, of
intoxicating drinks and drugs which are injuries to health.

8. Equal pay for equal work: Article 39 (d) requires the state to direct its
policy towards securing that there is equal pay for equal work for both men
and women .The principle is not expressly declared by the Constitution to
be a fundamental right yet it may be deducted by construing Article 14 and
16 in the light of Article 39 (d)

9. Health and Strength of workers not be Abused : Again, Article 39 (e)

directs that the State shall directs its policy towards securing the health and
strength of workers , men and women , and tender age of children are not
abused and that citizens are not forced by economic necessity to enter
vocations unsuited to their age or strength ,Article 39(e) is supplementary to
Article 24 and thus imposes a ban on the employment of child workers in
any occupation which is injurious to the lives of tender aged children .

10. Condition of works: Article 42 requires the state to make provisions for
securing just and human conditions of work and for maternity .the

69
 Constitution of India expresses a deep concern for the welfare of the
workers.

11. Living wage: Article 43 requires the state to endeavor to secure, by suitable
legislation, or economic organization or in many other way, to all workers,
agriculture, industrial or otherwise, a living wage, conditions of work
ensuring a decent standard of life employment of leisure and social culture
opportunities.

12. Participation of Workers in Management: Article 43 (a) requires the state

to take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertaking establishments
or other organizations engaged in any industry.

The foregoing discussion of the Constitution of India clearly

shows that the Constitution makers felt a deep concern for the welfare of the
labour and working class along with the general public.

III CONSTITUTIONAL SCHEME OF DISTRIBUTION OF

LEGISLSLATIVE POWERS CONCERING LABOUR:-

Under the Constitution of India there is three way distribution of legislative

powers between the Union and the states-an exclusive area for the centre; an
exclusive area for the states and a common or concurrent area in which both the
central and State Legislatures may legislate. This distribution is subject to overall
supremacy of the Parliament, i.e. in case of inconsistency of provisions of the State
law with the parliamentary law, the later shall prevail. All the three lists containing
subjects concerning labour, the most important are in Concurrent List. These are
trade unions , industrial and labour disputes (also in union list –entry 61 , but
concerning union employees only ), social securing and social insurance , welfare
of labour including conditions of work, provident fords, employer’s liability ,
workmen’s compensation , old age provisions maternity benefit , vocational and

70
technical training of labour , factories boilers, electricity, newspapers , book and
printing presses,

However, all central labour also laws are so framed that in either case both
the central and state Government, termed as ‘appropriate government’ have power
in their own sphere to implement the various labour laws and schemes

4.3 Constitutional Remedies:-

Where there is a right , there is a remedy . Aright without a remedy is a

legal conundrum of a most grotesque kind .a right without a remedy is nothing.
Therefore any law, statute or the Constitution which secure any right provides the
remedy and the forum for enforcement of that right. The Constitution of India
guaranteed some fundamental rights in part III and also provides for the remedy
and the forum for enforcement in case of their violation. The remedy provided for
the enforcement of the fundamental rights and other constitutional rights are the
constitutional remedies since these are provided in the Constitution itself.

Enforcement of Constitution Provisions :-

The Constitution of India has not accepted the absolute supremacy of the
parliament or of the State legislature. By Article 245 (I) the legislative power is
definitely made subjects to the provisions of its constitution. Turning to the
Constitution, Article 13 (2) clearly prohibits the state not to make any law which
takes away or abridge the rights conferred by part (III) of the Constitution.

Article 32 provides the remedy for the enforcement of Fundamental Rights

guaranteed by part III .Article 226 also provides for the similar remedy for
fundamental and other constitutional and legal rights.

Rights of Constitutional Remedies : -

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 Article 32 guaranteed the right to move the Supreme Court for the
enforcement of the fundamental fight. Article 3 is a fundamental right itself .It
provides:
(I) The right to move the Supreme Court by appropriate proceedings for the
enforcement of the rights conferred by this part (part IIII) is guaranteed.

Article 32 (2) provides :The Supreme Court shall have power to issue
directions or orders or writs , including writs in the nature of Habeas Corpus ,
Mandamus Prohibition ,Quo Warranto and Certiorari ,which ever may be
appropriate , for the enforcement of any of the rights conferred by this part. Article
32 (3) provides that the same right may be conferred by the parliament of any other
court but without prejudice to the power of the Supreme Court and Article 32 (4)
lays down that this right cannot be suspended except as otherwise provided by the
Constitution itself.

Thus the right granted under Article 32 is a fundamental right and, therefore
, the existence of an alternative remedy is no bar to the Supreme Court entertaining
a petition under Article 32 for the enforcement of a fundamental right. An
aggrieved person may directly approach the Supreme Court through a proper
petition.

Power of High Court to issue certain writs : -

Article 226 of the Constitution confers a new but similar power on all the
High Courts of India. It enables them to issue to any person or authority including
,in appropriate cases , any Government , orders or writs , including writs in the
nature of habeas corpus ,mandamus ,prohibition quo- warrantor and certiorari, for
the enforcement any of the rights conferred by part III and for any other purpose
,i.e., for the enforcement of any other legal and constitutional rights. This power of
the High Court is in addition to the power conferred on the Supreme Court under
Article 32 (2) and much wider too.

The reason which led the framers of the Constitution to confer the power
on the High Court to issue prerogative writs was that the makers of the constitution

72
through it necessary to provide also a quick and inexpensive remedy for the
enforcement of the fundamental and other legal and constitutional rights.

However, the directive principle of State Policy, detailed in Article 37 to 51

of the Constitution are not enforceable in any Court as Article 37 provides and ,
therefore, if a directive is infringed , no remedy is available to the aggrieved party.
But they are fundamental in the governance of the country and it shall be the duty
of the state to apply these principles in making laws . For this reason in case of
conflict between the fundamental rights and directive principles, the former
prevails.
However , in course of time , the directive principles became important from legal
point of view. The Courts while interpreting a statute could look for light to the
“lode star” of the directive principles. Where two judicial choices are available ,
the construction in conformity with the social philosophy of the directive principles
has preference and thus , implements directive principles.

The exact position with regard to enforceability of directive principles is

that although the directive principles are not enforceable as such , the court should
make a real attempt at harmonizing and reconciling the directive principles and
fundamental rights and any collision between the two should be avoided as far as
possible . (Supreme Court of India in Tamil Nadu V.L. Abu Kavur Bair .A.I.R.
1984 SC 326). Secondly ,directive principle now can be enforced as reasonable
restrictions on the rights , for example , as a public purpose ,if a law is enacted to
implement the socio economic policy laid down in directive principles. Then it
must be regarded as one for public purpose. The Courts have a responsibility in so
interpreting the Constitution as to ensure implement action of the directive
principles and to harmonize the social objectives underlying them with individual
rights.

Special Leave to Appeal by the Supreme Court :-

An alternate course for the aggrieved person is to invoke the Supreme
court ;s discretionary jurisdiction under Article 136 is designed to authorize the
Supreme Court intervenes in its discretion , in any case where the requirements of
justice warrant .Article 136 (I) provides:
73
 Notwithstanding anything in this chapter , the Supreme Court may, in its
discretion , grant special leave to appeal from any judgment ,decree, determination
,sentence or order in any cause or matter passed or made by any court or tribunal in
the territory of India.

It vests in the Supreme court plenary but discretionary jurisdiction in the

matter of entertaining and hearing appeals by granting special leave against- any
judgment, decree, determines or order , in any cause or matter , passed or made by
any Court or tribunal ,except any court or tribunal constituted by or under may law
relation to the Armed Forces.

Power of Superintendence over all Courts by the high Court :-

Another remedy provided by the Constitution is contained in Article 227 (I)
Every High Court under Article 227 (I) have the power of superintendence aver all
courts and tribunals throughout the territories in relation to which is exercises
jurisdiction ,except any court or tribunal constituted by or under any law relating to
the armed forces. The power of Superintendence conferred by Article 227 is in
addition to the power conferred upon the High Courts to control inferior courts or
tribunal through writs under Article 226 .This jurisdiction extends to keeping the
subordinate tribunals within the limits administrative and judicial control of the
High Court is not only over courts strictly so called but also over tribunals which
are not courts in the strict sense of the term, e.g., Industrial Tribunal etc.

Public Interest litigation (PIL) :-

Public Interest litigation system of seeking redress against violation of
statutory rights is a new one as against the traditional adversary system . The
Supreme Court has entertained a number of petitions under Article 32 complaining
of infraction of fundamentals rights of individual or of weak or oppressed group
who are unable themselves to take the initiative to vindicate their own rights
.Hussainara Khatoon , Bihar under trial prisoners ,Asiad , Judge ’sand Bounded
Labour cases are most important examples.

74
 PIL means that any person can invoke the jurisdiction of the Supreme Court under
Article 32 and the High Court under Article 226 in a matter concerning public
interest.

The philosophy underlying the PIL is as follows:-

“Where a person or class of persons to whom legal injury is caused by
reason of violation of a fundamental right is unable to approach the court for
judicial redress on account of poverty or disability or socially or economically
disadvantaged position ,any member of the public acting bonafide can move the
court for relief under Article 226, so that the fundamental rights may be become
meaningful not only for the rich and the well to do ,who have the means to
approach the court, but also for the large masses of people who are by reason of
luck of awareness, assertiveness and resources unable to seek judicial redress.(
Supreme Court of India in Bandhu Mukti Morcha union of India , AIR 1984 SC
802 ).the Supreme Court has even taken cognizance of letters from individual
complaining of the infraction of fundamental rights and has treated such letters as
writ petitions, in the interest of workers also ,e.g., the Asiad Worker’s case Bandhu
Mukti Morcha case etc. Volunteer social activities are allowed standing .A simple
letter can be accepted as a writ petition. The Court itself will shoulder much of the
burden of establishing the fact through commissions , because it would not be just
and fair to expect a person acting pro-bono- public to incur expenses out of his own
pocket.

It is now accepted that under Article 226, a High Court may entertain
grievances received through letters and treat the same as writ petitions ( see PUDR
Ministry of Home Affairs ,AIR 1985 Delhi 286).

Thus, the, Constitutions of India provides effective remedy within it for the
enforcement of the provisions thereof.

4.4 CONSTITUTIONAL VALIDITY OF LABOUR

LEGISLATION :-
75
 Power corrupt and absolute power corrupts absolutely, unlimited powers
jeopardizes freedom of the people . Constitution spring from a belief in limited
government .on the other hand , a written constitution is the formal source of all
constitutional Low in the country .It is regarded as the Supreme or fundamental
Low of the land and, therefore, it controls and permeates each institution in the
country .Every organ of the government in the country must act in accordance with
the Constitution . Hence , any law made by the legislature any action taken by the
executive , if inconsistence with the Constitution, can be declared unconstitutional
and invalid.

Accordingly, law making power of the parliament as well as state

legislatures are not unlimited .Parliament and legislatures function under a written
constitution.

Such restrictions are :-

(1) Restraining the state to make law in contravention of fundamental rights
Article
(2) Provides: The State shall not make any law which taken away or abridges
the rights conferred by this part and any law made in contravention of this
cause shall, to the extent of the contravention , be void.
(3) Division of legislative powers by Article 245 between the unions
Legislature (Parliament) and State Legislature restrains them to
transgress the sphere allotted each other.

Therefore ,the constitutionality or validity or a law made by Parliament or

state legislature can be tested in accordance with these two restrictions. When the
constitutional goals of ‘Social Justice ‘ and Welfare State sought to be achieved
through executive and legislative processes, almost all the important labour statutes
have been challenged before the Supreme Court on the ground that they are
violative of fundamental rights guaranteed the Constitution .The minimum wages
Act, (Be joy Cotton Mills Case, AIR 1955 SC 33) ,the Industrial Disputes Act
(Albee NIT, AIR 1962 SC 171) ,the Trade Unions Act, (Raja Kulkarni State of

76
Bombay ,AIR 1954 SC73),the Journalists (Condition of service) Act, 1955
(Express News Papers Ltd. Union of India, AIR 1958 SC578), the E.S.I Act, the
E.P. Funds Act, the payment of Bonus Act, (JalanTrading Co. Pvt.Ltd Mill
Mazdoor Union ,AIR 1967 SC 691), the Contract Labour( regulation and Abolition
Act, (Ramesh Metal Works State (1962) ILLJ 169), etc. have been held by the
Supreme Court and various High Courts as constitutional and valid , not violative
of any fundamental right.
The courts in India have been shown pragmatism and realism while interpreting the
legislation dealing with labour having in view the constitutional goals of social and
economic justice and social welfare .In the opinion of the Allahabad High Court
law in not an exercise in linguistic discipline. It is emerging as an important
therapy in disorder of social metabolism. It is a complex process and can be fully
understood only by an attentive regard to its therapeutic function and its synthesis
.(J.G. vakharia Regional Provident Fund Commissioner (1957) ILLj448.

Bombay High Court took the view that in construing social legislation the
court must if necessary, strain the language of the act to achieve the purpose which
the legislature had in placing this legislation on the statute book. No labour or
social legislation can be considered by the court without applying the principles of
social justice in interpreting its provisions. No labour legislation, no social
legislation, no economic legislation can be considered by a court without applying
the principles of social justice as enshrined and embodied in Indian Constitution
(Prakash Cotton mills Ltd. State of Bombay,(1957) 2 L.L.J. 490) the Supreme
Court usually upholds the validity of labour law on the ground that since the advent
of the constitution .The State action must be directed towards attaining the goals set
out in part IV of the Constitution .While interpreting of examining the
constitutional validity of legislative /administrative action, the touch stone of
Directive principles of State policy in the light of the Preamble will provide a
reliable yard stick.(D.S.Nakara Union of India,1983) SCC 305).

Thus, the genesis and the justification of industrial or labour legislation in

modern democratic state lies in the anxiety of the state to establish social and
economic equality amongst all its citizens. If economic inequalities have to be
removed, it would be necessary to realize that the freedoms and rights must adjust
77
themselves to the requirements of welfare State. Labour legislation may be held
valid on the basis of promoting public purpose i.e., social justice and social
welfare.

4.5 SUMMARY :

In this Unit we have discussed the underlying object of the Indian

Constitution with labour point of view, the provisions of the Constitution, various
remedies available to the aggrieved person and the validity of the labour
legislation. It is clear that the objective and goal of the Constitution of India is to
seek social and economic justice along with the dignity of individual as a human
being and welfare of all. These aims can be fulfilled by guaranteeing certain
fundamental rights to every individual and by conferring positive obligations on the
state to perform some acts which are essential in view of the objects. These
provisions are contained in part III and IV of the Constitution. Any right remedy is
only a pious declaration .Therefore, the Constitution provides remedy in Article
32,226, 136 and 227 to make the rights really enforceable .Public interest litigation
is a new kind of remedy to enforce the rights.

Any law made or action taken can be nullified by courts in exercise of

powers conferred on them under .Article 32, 226, 136, and 227 except for the
purposes of implementing the objective of social justice and welfare, if the law or
action is in contravention of the constitutional restrictions. Thus, the validity of a
law can be tested viz-a viz the constitution. All labour laws are valid, since them
are in consonance with the objectives enshrined in the Directive Principles of State
Policy ,i.e. , social justice and welfare.

4.6 SELF ASSEMENT TEST:

Answer the following questions in not more than 300 words each, so that you
may know how much you have understood the subjects discussed in this unit.

78
 1. Discuss that objective of the Constitution of India is to seek social justice
and welfare.
2. Explain the provisions of Indian constitution for the protection of workers.
Or
3. Discuss the provisions contained in the chapter of the Constitution of India
dealing with Fundamental rights and Directive Principles of State Policy.
4. Discuss the remedies available in the Constitution of India for the
enforcement of fundamental rights and directive principles.
5. Discuss the validity and grounds of validity of labour legislation in India.

4.7 KEY WORDS:

Social Justice: The principle of social Justice consists simply in the claims of all
men to all advantages and to an equal share in all advantages which are commonly
regarded as desirable and which are in fact conductive to human well being .The
principle means that all men shall have equal claims to all advantages which are
generally desired and which are in fact conductive to human perfection and human
happiness.

Welfare State : A welfare state is devoted to the well being of the whole society
.it is as much concerned with maintaining or improving conditions for those who
enjoy a good life style as with raising the standard of living of those who fall below
an acceptable national minimum .It recognizes no vested interests.
4.8 FURTHER READING :

 Dhyani Dr. S.N. (1977) International Labour Organization And India,

National Publishing House, 23 Daryanganj New Delhi-110002.
 Jain , Dr. M.P. (1987 ) Indian constitutional Law, N.M. Tripathi Pvt. Ltd.
Bombay.
 Kumawat, Balkrishna ,(1990) Bharat Main Shram Vidhan Avam Samajik
suraksha, (Hindi ), Sahitya Bhawan , Agra.
 Kurushetra law Journal, vol.13-15, 1987-89

79
 UNIT- 5
Public Interest Litigation
Objectives :-
This unit has been prepared to acquaint you with the :
 Method used to redress public grievances.
 Widening concept of ‘Locus Standi’ and Person Aggrieved.
 Principal features of Public Interest Litigation.
 Growing rate of P.I.L. for the vindication of the rights of poor and helpless.

Structure :
5.1 Introduction
.2 Meaning, conventional litigation and Principal Features of PIL.
5.3 Development ,Need and Importance
5.4 Case law Analysis.
5.5 Demerits and Limitations of PIL.
5.6 Self –assessment Test
5.7 Important Words
5.8 Further Readings

5.1 INTRODUCTION

In India the poor, ignorant, illiterate and week people had been the sufferer
in the temple of justice. Their rights had been violated and a life of basic human
dignity was denied to them. Because traditionally , only a person whose own right
was in Jeopardy was entitled to seek a remedy expect in case of minor, insane and
prisoner. They were unable to approach the court by the reason of their poverty and
social and economical disability .To remedied such peoples, Supreme court in post
1978 era laid down in number of cases that the ‘law is meant to serve the living

80
,thus for the purpose of providing access to justice to large masses of people who
are denied of their basic human rights and to whom freedom and liberty has no
meaning: we have to innovate new methods and devices new strategies: Thus,
accordingly the role of the higher judiciary in India underwent a transformation. A
new and radically different kind of case altered the litigation landscape .Instead of
being asked to resolve private disputes, supreme Court and High Court judge were
asked to deal with public grievances over flagrant human right violations by the
state or to vindicate the Public Policies embodied in statutes or Constitutional
provisions .This new type of judicial business is collective called “Public Inertest
Litigation” or PIL .Most of the labour and human right violation and environmental
actions in India fall within this class.

Under the method used to redress public grievances Supreme Court relaxed
the traditional rules governing the ‘Locus Standi’ or Standing . ‘Locus Standi’
signifies a right to be heard. Which include the (i) ‘petition’ under prescribed
manner (ii) ‘definite Court’ for prescribe territorial and economic jurisdiction (iii)
‘the person Aggrieved ‘ having sufficient own cause.

Supreme Court under ‘Public Interest Litigation’ has lowered the standing
barriers by widening the concept of ‘petition under prescribed manner’ and ‘the
person aggrieved’. Supreme Court also confirmed the liberty on ‘we the people of
Indi’ to choose the court.

This whole innovation developed recently fall under the area of P.I.L.
This Unit -5 deals with the details of P.I.L., Including evolution , techniques and
other relevant aspects. These will help you to understand the case law and
enforcement of welfare provisions through P.I.L. and also make up your mind to be
a good scholar and social worker.

5.2 MEANING CONVENTONAL, LITIGATION AND

PRINCIPAL FEATURES OF ‘PIL’.

81
 ‘Public Interest Litigation’ a means a litigation or judicial action in a court
by the member of the public by an institution or a society individually or jointly in
‘public interest’ provided he or they was or have a sufficient interest in the
proceedings and is or are not wayfarer interloper , officious intervener or busy
body.(based on unanimous judgment of the Supreme Court in “Transfer of Judges
case”)
In a public interest case, the subject matter of litigation is typically a
grievance against the violation of basic human rights of the poor and helpless or
about the content or conduct of government policy .The petitioner seeks to
champion a public cause for the benefit of all society. In such type of litigation
Supreme Court and High Courts accepting petition under Article 32 and 226 may
waive the formalities of procedural law. Under such conditions in PIL, even a post
card or cutting of newspaper may be treated as petition by our Apex Court and
High Courts for the sake of Welfare of ‘we the People of India’.

Now difference between conventional and public interest litigation is being

submitted Conventional dispute litigation involve the following characteristics : (i)
it is bipolar and adversarial (ii) the case has a retrospective orientation (iii) right
and remedy are closely inter-related. (iv) the lawsuit is bounded in time and effect
(v) judicial involvement ends with the determination of the disputed issues (vi) the
impact of judgment or interim is limited to the parties before the court.(vii) the
whole process is driven and controlled by the actions of the parties (viii) in such
litigation the judge is a neural umpire on order hand the principal features of public
interest litigation are:

(1) Since the litigation is not strictly adversarial, the scope of the controversy
is flexible, parties and official agencies may be joined (and even
substituted) as the litigation unfolds and new and unexpected issues may
emerge to dominate the law suit.

(2) The orientation of the case is prospective .The petitioner seeks to prevent
an egregious state of affairs or an illegitimate policy from continuing into
the future.

82
(3) Because the relief sought is corrective rather than compensatory , it does
not derive logically from the right asserted. Instead, it is fashioned for the
special purpose of the case, sometimes by a quasi-negotiating process
between the court and the responsible agencies.

(4) It is difficult to delimit the duration and affect of this new kind of
litigation. Prospective judicial relief implies continuing judicial
involvement .The parties often return to the court for fresh directions and
orders.

(5) Because the relief is sometimes directed against government policies, it

may have impacts that extend far beyond the parties in the case.

(6) Judges pay a large role a organizing and shaping the litigation and in
supervising the implementation of relief.

5.3 DEVELOPMENT , NEED AND IMPORTANCE

From the international perspective , the evolution of ‘public interest law’ is

a uniquely American contribution. Many trace its beginnings to the landmark
desegregation decisions of the 1950’s when the United States Supreme Court
required schools in southern American states to end racial segregation and thereby
committed the judiciary to a task of profound social reconstruction .In 1960s, major
PIL centers in the U.S. handled issues relating to civil rights and the problems of
the poor . By the mid 1970s, PIL embraced issues like consumer protection ,
environmental protection, land use , occupational health and safety, health care,
media access and employment benefits. The need of PIL in India was initiated and
fostered by a few judges of the Supreme Court .These arose in the 1970s’ with the
Spreading concern for social justice and the emergence of the legal aid movement
.They realized that some appropriated remedy must be afforded to poor oppressed
and underprivileged peoples to seek justice against their exploitation. V.R. Krishna
83
Iyer and P.N. Bhagwati were deeply involved in fostering legal service institutions
for the weak and the poor . In 1977 both judges served extra judicially in the
National committee on Judi care, which in its final report in August , 1977
expressly recommended the broadening of the rule of ‘Locus standi’ as a means of
encouraging PIL. The report envisioned PIL as channel by which the poor and
oppressed could gain access to the courts and the judge fashioned remedies. These
judges in I phase then proceeded to implement the recommendations of their own
report. Supreme Courts in this way began to override the procedural obstacles and
technicalities of the traditional rule of standing and helped the poor , oppressed and
under privileged to seek justice through volunteers describe in law as
representative standing .Representative standing cases in the Supreme Court have
helped to secure the release of bounded laborers ,(Bhandhua Mukti Morcha v/s
Union of India A.I.R 1984 S.C. 802) , obtained pension for retired government
employees (D.S. Nakara v/s Union of India AIR 1983 SC 130 ), improved the
living Conditions of inmates at a protective home for women ( Dr. Upendra Baxi
v/s state of UP 1983 SCC 308 ) released prisoners awaiting trials for periods longer
that they would have served , if convicted , ( Hussainara Khatoon v/s Home
Secretary ,State of Bihar AIR 1979 SC 1360) ordered to pay minimum wages to
exploited government construction workers who were being paid less (people’s
Union for Democratic Rights v/s Union of India Air 1982 SC 1473)

In II phase Supreme Court expended the doctrine of standing to enable a

citizen to challenge the instances of government official lawlessness in the public
interest, though the citizen had not suffered any individualized harm. Supreme
Court under this trend allowed individuals :to check the abuse public office by high
functionaries (P.B. Samanta v/s State of Maharashtra cement case 1982 (I)
BOM.CASES REP. 367 ).to challenge government inaction . (S.C. of India ) , to
check the environmental pollution through limestone quarries in the Dehradun
region ( Rural Litigation and Entitlement Kendra v/s State of U.P. AIR 1985 SC
652 ).

In 1981,a seven judge bench in the ‘Judge, Transfer case upheld the
standing of the practicing lawyers to challenge a government policy to transfer
High Court judges, thereby undermining judicial independence . this case
84
comprehensively enlarged the scope of ‘representative standing, and ‘citizen
standing, The procedure requirement of litigation that ensure fairness and
uniformity at the trial of conventional, adversarial law suits, may not be necessary
in PIL cases. Judges like to view PIL as a collaborative effort between the Court ,
the citizen and the public officials, where procedural safeguard have a diminished
utility and may be relaxed to enable relief. Public interest litigation in its present
from constitute a new chapter in our judicial system. It has acquired a signified
degree of importance in the jurisprudence practiced by our courts and has evoked a
lively response in legal circle, in media and among the general public . In our
country this new class of litigation is justified by its protagonists on the basis
generally of vast areas in our population of illiteracy and poverty, of social and
economic backwardness , and of an insufficient awareness and appreciation of
individual and collective rights. These handicaps have denied millions of our
countrymen access which promises legal relief without cumbersome formality and
heavy expenditure.

5.4 CASE LAW ANALYSIS

In India as the consciousness of social justice spread through our multi-

layered social order, the courts began to came under increasing pressure from
social action groups petitioning on behalf of the underprivileged sections of society
for the fulfillment of their aspiration . It is not necessary to detail the number of
cases of public interest litigation which have entered our courts. It is sufficient to
point out that, despite the varying fortune of these cases , public interest litigation
constitute today a signified segment of the court’s docket.

As PIL cases began crowding the court’s docket, frequently in the form of
letters or skimpy petitions based on news papers reports, The judges hearing these
cases were passed to evolve new procedures and techniques to facilitate this new
type of litigation. Under PIL the Supreme Court and the High Court’s frequently
treated the letters written to individual judges or the courts as writ petitions . In
‘Rural Litigation and Entitlement Kendra ,Dehradun v/s State of U.P. ,, (AIR
1987SC 2187 ,2195) Supreme Court received a letter from R.L.E. Kendra

85
,Dehradun ,alleging that the illegal limestone quarrying was divesting the fragile
environment in the Himalayan foothills around Monsoorie . Supreme court
treating letter as a writ petitions under Article ’32, directed the inquiry and ordered
the closure of limestone quarries causing a lance to ecology and hazard to public
health.

Similarly in ‘ Mukesh Advani v/s State of M.P. ( MIR 1985 SC 1363) the
petitioner addressed a letter to one of the judges of the Supreme Court along with
the cutting of the newspaper ‘Indian express, dated Sept. 14,1982. News contained
the facts about the bounded laborers working in flagstone quarries at Raisen in
Madhya Pradesh letter was treated as a writ petition under Article 32 by the
Supreme Court and an inquiry was directed against Govt. of M.P. Govt. of Tamil
Nadu and Govt. of India , regarding bounded laborers who were the interstate
migrant laborers from Tamil Nadu . Supreme Court ordered to liberate and
rehabilitate. The bounded labours and to implement the labour laws. Similarly in “
Labourers ,, working on Salal Hydro project v/s State of J.& K .and others , (AIR
1984 SC177 ) Supreme Court ,treating a letter addressed to Mr. Justice D.A. Desia
along with a news cutting from Indian Express newspaper as write petition ,
ordered the Central Government of India to compliment various labour laws
applicable to the workers employed in Salal Hydro project . Some times to
construct of complete framework of the facts, a judge require the concerned public
official to finish detailed comprehensive affidavits. In some cases the courts
appoint special commissions to gather facts and data under own inherent power
confirmed by the Articles 32 and 226 of the constitution.

In a petition for directions to the municipal authority of Jaipur so solve the

city ,s acute sanitation problems ,the Rajasthan High Court appointed a
commissioner to report on the insanitary conditions in various parts of the city .(
L.K. Koolwal v/s State of Rajasthan ,AIR 1988 RAJ 2 ).In this case court issued
the directions to municipal authority to remove the insanitary conditions.

In M.C. Mehta v.s Union of India (Shri Ram Gas Leak case AIR 1987 SC
965) the Supreme Court enlisted an expert committee to evaluate the environmental

86
impact of limestone quarrying operations and ordered according to its
recommendations.

The modification of traditional rule of ‘locus standi, or standing which

permitted the poor and oppressed to be represented by volunteers was described as
‘representative standing ,and ‘citizen standing’ . Under ‘representative standing,
case in Bandhua Mukti Morcha v/s Union of India ‘’ (AIR 1984 SC 802 ) on a
petition filed by an organization ‘Bandhua Mukti Morcha’ Supreme Court ordered
the release of bounded labourers . Likewise in people’s Union for Democratic
Rights v/s Union of India ,.( AIR 1982 SC 1473 ) the court allowed a group of
social activities to petition on behalf of exploited government constructions
workers , who were being paid less than the statutory minimum wage. Under
‘citizen standing; case in ‘Fertilizer corporation Kamgar Union v/s Union of India ,
(AIR 1981 SC 344 ) Supreme Court enter tainted the petition but rejected the claim
.In this case a trade Union challenged the sale of old machinery and plant
belonging to a state –owned corporation on the ground that the sale was arbitrary
and workers right to occupation under Article 19 (I) (g) of the constitution . Citizen
standing has also enabled individual to check the abuse of public office by high
government functionaries ,in P.B. Samant v/s State of Maharashtra , ( Cement case
1982 (I) BOM CASES REP 367 ) and in Raju v/s State of Karnataka , (Arrak
Liquor Bottling case 1986 , KARAN ,LAW REP 164) IN Ganga pollution case ‘
M.C. Mehta v/s Union of India, (AIR 1988 SC 1115 ,1037 ), Supreme Court
upheld the standing of a Delhi resident to sue the government agencies whose
prolonged neglect had resulted in severe pollution of the river . Court ordered the
closure of polluting tanneries on the Ganga. In Judges ‘Transfer case (AIR 1982
SC 149,194 ) a seven judge bench delivered a definitive Judgment on standing and
enlarged its scope . Court laid down that it is well settled that any member of the
public has a right to bring before the court a ‘public interest ‘ case , provided he has
a ‘sufficient interest, court admitted that lawyers do have ‘sufficient interest , in
judicial appointments . PIL matters involving executive action by the court judges ,
therefore they are usually careful to pass orders only after negotiating the reliefs
with counsel for government agencies. In this collaborative fashion, the court is
able to venture beyond its traditional domain without clashing with the other wing
of government. Today the writ under PIL is preferred over the conventional suit
87
because it is speedy, relatively inexpensive and offers direct access to the highest
courts of the land. It possesses the potential of providing justice to millions of poor
, illiterate , socially and economically backward , oppressed and underprivileged
persons.

5.5 DEMERITS AND LIMITATIONS OF PIL

Despite of all merits, public interest litigations have certain limitations. At

the lowest, there is an uneasy doubt about where are we going. The optimistic
sense danger to the credibility and legitimacy of the existing judicial system. The
region into which the judiciary has ventured appears barren, unchartered and un-
predictable, with few guiding posts and directive principles .This situation fears
that a traditional legal structure may yield to the anarchy of emotional jural
postulates. But the history of human experience shows that when a revolution in
ideas and in action enters the life of a nation , the nascent power so released
possesses the potential of throwing the prevailing social order into disarray .Some
of limitations on PIL are discussed here under referring relevant case law.

(I) Relief in PIL is prospective and affirmative rather than compensatory.

(II) It is impossible to identify a single clear cut solution in PIL, because the
outcome of the case in influenced by the discretion, there and
temperament of the judges their compassion for the grievance and the
nature of the grievance itself.

(III) Remedial orders in PIL are fashioned adhoc, to accommodate a range of

public interest and do not determine the individual’s rights and duties.
The parties often return to the court for fresh directions and orders.
Relief in most of the PIL cases is obtained through interim orders in
Supreme Court and High Court .For example in the first public interest
case ‘Hussainara Khatoon v/s Home Secretary, State of Bihar ,(AIR
1979 SC 1369 ,1360 ) the Apex Court accepted the petition behalf of 18
prisoners and led to discovery of 80,000prisoners .Some of whom had
88
 been languishing in prisons for periods longer than they would have
served, if convicted . The court issued four interim orders within the
first four months following the filing of the write petition, under these
orders under trial pensioners were released on personal bonds and other
directions of the court were implemented . But after this initial surge of
activity.’ Hussainara case ‘has remained pending before the court for the
last many years without further decision or final judgment.

(IV) Many PIL cases is the court’s ingress into field’s traditionally reserved
for the executive .Occasionally , the courts have even created their own
crude administrative machinery to remove a public hardship.

(V) Judicial efforts in PIL requires to :

a) secure detailed facts, since the petitioners information is usually
sketchy, as in the case‘s Mukesh Advani v/s State of M.P. ’Laborers
working; on Salal Hydro project v/s State of J&K., and others.
b) receive expert testimony in cases involving complex social or
scientific issues, as in the Shriram Gas Leak case; The Supreme
Court solicited the help of several expert committees, in the
‘Dehradun Quarrying case’. The Supreme Court enlisted an expert
committee to evaluate the environment impact of limestone
operations ; and
c) ensure the continuous supervision of prospective judicial orders. In
the ‘Dehradun Quarrying case,’ Mukesh Advani ‘s case court used
the committee and the directions to government officials mechanism
used to supervise the implementation of judicial order

(VI) Petition under PIL may only be filed under Article 32 and 226 of the
Indian constitution either in the Supreme Court or in the High Courts.

Besides all above, the Indian judiciary has not been a silent spectator or a
natural force in vital matters affecting the life and honor of common masses. The

89
resort to public interest litigation , relaxation of the doctrine of locus standi and
contributed in accelerating the pace of social change through judicial process.

5.6 SELF ASSESSMENT

Answer the following questions in brief and judge, what you have
understood through this unit.

1. What is public Interest Litigation? How it differs from conventional

litigation?
2. Described development of PIL concept in India.
3. Discuss need and importance of PIL in India.
4. Described limitations and demerits of PIL.
5. Discuss role of Indian judiciary and PIL, with the help of case law.
6. Future of PIL –What you predict?
7. Describes few PIL relating labour.
8. State the constitutional provisions relating PIL.
9. Where the PIL petition may be field?

5.7 IMPORTANT WORDS :

Litigation : The action of carrying on a suit in law.

Locus standi : Signifies a right to be heard.
Petition : A formal application in writing made to court for
judicial
Action for something that lies in its jurisdiction.
writ : A written command, precept, or formal order issued by a
court, directing or enjoining the person or persons to when it
is addressed to do or refrain from doing some act specified
therein.
Article : division of a document or statute.

90
Article 32 : This Article of our Constitution guaranteed the enforcement
of fundamental rights, and well known as right to constitutional Remedies.]

Article 226 : Under this Article of the constitution energy High Court has
the power to issue writ for the enforcement of Fundamental Rights
5.8 FURTHER READINGS

1. Unit 15 of paper III , Labour Welfare Legislation and Industrial Sociology for
case law and other prescribed case law.
2. Chayes , the Role of the Judge in Public Law Litigation ,89 Harvard Law
Review1281 (1976)
3. Cunningham , Public Interest litigation in Indian Supreme Court :study in the
light of American Experience,29 J.I.L.I 494 (1987)
4. U Baxi , taking suffering Seriously: social action litigation in the Supreme
Court ,of India 29 the Review (International Commission of justice )37 ,42 (
December 1982)
5. S. Agrawala, public Interest litigation in India, 29(1985 )
6. PIL case law as published in A.I.R s and in other journal.
7. J.N. Pandey Indian Constitution.

91
 UNIT - 6
International Labour Organization
(Genesis, Aims and Objectives)

Objectives:
After growing through this Unit , you should be able to :
 Appreciated the underlying conceptual analysis of I.L.O, its pertinent role
relationship with U.N.O.
 evaluate the functions performed by I.L.O. to the member status through its
agencies :
 Acknowledge the role played by I.L.O. in fulfilling of its relative
functionality in the field of industrial and labour world.

Structure :
6.1 Introduction
6.2 Genesis
6.3 Aims and Objectives
6.4 Philadelphia Charter 1944
6.5 Structure and Constituent of I.L.O.
6.6 Membership of I.L.O.
6.7 Relationship with U.N.O.
6.8 India and the I.L.O.
6.9 Evaluation and Conclusion.
6.10 Self Assessment Test.

6.1 INTRODUCTION
The non co-operation in the sphere of industry and labour , economic
competition between the status ,no uniformity in labour standard through –out the

92
world social and economic exploitation as a stigma in achieving social justice had
been avowed problems in the Industrial .world which have attracted worldwide
attention .The I.L.O. had since its inception a continuously endeavored wit
scrupulous zeal and tried to solve the aforesaid cumbersome problems.

Out of the shed of the First World War, emerged the League of Nations, a
forum for International understanding. The I.L.O. was formed as a part of scheme
of the League of Nations which was formed under the treaty of Versailles. From
the outset, the main object of the Organization has been to promote international
co-optation in the sphere of industry and labour so that economic competition
between states or other like conditions shall not militate against the realization of
minimum as well as uniform labour standards throughout the world. The
Organization’s efforts are principally directed in bringing the legislation and
practice of each state into which the most, enlightened modern conceptions as to
the treatment of labour, and with changing economic and social conditions in each
such country. The idea of social justice underlying its work has been made more
manifest in the amendments to the constitutions of this organized body.

6.2 GENESIS

After World War I, the I.L.O. was originally created under Par ‘XIII of the
Treaty of Versailles 1919, but subsequently, to dissociated the Organization as far
as possible from the League of Nation and from the Treaty itself, this section of the
Treaty was detached, and its clauses renumbered, and it emerged with the new title
of the “Constitution of the International Labour Organization ‘’. When the League
of Nation became defunct, the I.L.O. continued to function as an independent body.
It was only the International Organization that survived the Second World War.
When the United Nation Organization was establish after Second World War, the
I.L.O. entered into a agreement with the U.N.O. in May 1946 under which it
acquired the status of a specialized agency of the U.N.O. International Labour
Organization, which was created as an important organ of the League of Nations,
maintained its status quo through its subsequent amendments even the parent body

93
became defunct. It became the first specialized agency of the United Nations in
1946 in accordance with an agreement entered into between the two organizations.
.
Some burning problems, as hours of work on the working days in a week,
the regulation of the labour supply, unemployment, inadequate living wages, non-
protection of the worker against sickness, disease and injury arising out of the
employment, non-protection of children, young persons and woman during the
employment, establishment in old age and injury and the like, were prevailing
almost in all the countries in the industrial and labour affairs. To solve these
problems the “High Contracting Parties agreed to establish International Labour
Organization .Since its inception the Organization

It has tried to solve the aforesaid worldwide problems. It has proved to be

stable machinery for international co- operation in raising the standard of life and
promoting social justice in the field of industrial relations. It has withstood the
onslaught of the Second World War and has achieved remarkable results. The head
quarters of the Organization are at Geneva.

Today, the I.L.O. stands as one of the specialized agencies of the United
Nation with a longer history than any of its sister organizations. This is evident
because of the good work done by the organization in the field of promoting the
dignity and welfare of main through international co- operation. This was made
possible by the keen interest evinced by member arms.

6.3 AIMS AND OBJECTIVES

The International Labour Organization was the outcome of the realization

on the part of the statement in the world that no lasting peace was possible unless
an end could be put to social and economic inequalities.18 Thus the main purpose of
I.L.O. was to remove injustice, hardship and privation of large masses of toiling

18
1 Bhagoliwal T.N. Economic of Labour ,Industrial Relation , page 721.

94
people all over the world and to improve their living and working conditions and
thus to establish universal and lasting peace based upon social justice and
ultimately to establish and maintain fair and humane conditions of labour in all the
industrial countries of the world.

With these aforesaid avowed aims the following fundamental principles

from the basis of International Labour Organization :

1. The labour should not be regarded merely as commodity or an article of

commerce.
2. The right of association for all lawful purposes by the employees as well as
the employed must be recognized.
3. The payment to the employees should be a wage adequate to maintain a
reasonable standards of life as understood in there and countries.
4. The adoption of weekly rest of at least 24 hours a week as the standard to be
aimed at where it has not already been achieved.
5. The adoption of weekly rest of at least 24 hours which should include
Sunday wherever practicable.
The adoption of child labour and the composition of such limitation on the
labour of the young person as shall permit the continuation of their
6. The principle that men and women should receive equal remuneration for
work of equal value.
7. The standard set-up by law in each country , with respect to the conditions
of labour , should have due regard to the equitable economic treatment of all
workers both national and foreigners.
8. Each state should make provisions for a system of inspection in which
women should also take part in order to ensure the enforcement of laws and
regulation for the protection of the employed.

All the aforesaid provisions and many more , have been adopted by the I.L.O. ,
since 1920 , by means of various conventions. The fundamental principles upon

95
which the Organization is based were reaffirmed on the declaration of
Philadelphia.

6.4 PHILADELPHIA CHARTER 1944

The idea of social justice underlying in the objectives of the International
Labour Organization has been made more manifest in the amendments to the
Constitution of 1945 and 1946 , was given particular Solomon expression in the
declaration of Philadelphia adopted by the international Labour Conference in
1944 and annexed to the Constitution and in particular, that :
(a) Labour is not a commodity
(b) Freedom of expression and of association are essential to sustained
progress;
(c) Poverty anywhere constitutes a danger to prosperity everywhere ;

War against want requires to be carried on with unrelenting vigor within each
nation, and by continuous and concerted international effort in which the
representatives of workers and employers, enjoying equal status with those of
governments, join with them in free discussion and democratic decision with a
view to the promotion of the common welfare.

It was also asserted in this Declaration that all human beings , irrespective of
race , creed or sex, have the right to pursue their material well- being and their
spiritual development in conditions of freedom and dignity , of economic security
and equal opportunity and that national and international policies and measures
should be accepted only in so far as these promote the achievement of the
fundamental objective that lasting peace can be established only on the basis of
social justice. In order to achieve these aims the I.L.O. would examine and consider
all international economic policies and measures.

Along with the aims and objective as aforesaid , the I.L.O. was also entrusted
with some more programs among the nations which are as follows :

96
To achieve full employment and to raise the standard of living;
1. To provide facilities for training and the transfer of labour , including
migration for employment and settlement;
2. To frame policies in regard to wages and earnings , hours and other
conditions of work calculated to ensure a just share of the fruits of progress
to all , and a minimum living wage to all employed and in need of such
protection ;
3. To give effective recognition to the right of collective bargaining , the
cooperation of management and labour in the continuous improvement of
productive efficiency, and the collaboration of workers and employers in
social and economic measures .
4. In furtherance of extension of social security measures to provide a basic
income to all who are in need of such protection and comprehensive medical
care ;
5. To provide adequate protection for the life and health of workers in all
occupations;
6. To make the provision for child welfare and maternity protection;
7. To make provision of adequate nutrition , housing and facilities for
recreation and culture ; and
8. To assure equal educational and vocational opportunity.

While reaffirming these principles the Declaration gave due stress and
emphasized mainly on the post –war period developments, industrial progress and
social – economic conditions prevailing in various. State to ameliorate the
conditions of labour and their welfare. In the Declaration it was also affirmed to
pledge the full cooperation of the I.L.O. with other related international –agencies
which may be entrusted to it for and responsibility for the achievement of these
objectives.

6.5 STRUCTURE AND CONSTITUNETS OF I.L.O

97
 The outstanding feature of the International Labour Organization is its
tripartite character, as it is representative of Government, employers and
employees.
The three main organs o f the Organization are :
(a) The International Labour Conference
(b) The Governing Body
(c) The International Labour Office.

The work of the Conference and the Governing Body is supplemented by

that of regional conference, Regional Advisory Committee, Industrial Committees
and Analogous Bodies, Committee of Experts, Panels of Consultants and Special
Ad-hoc Conferences and Meetings. The General Conference, the Regional
Conference, the Governing Body, the Industrial Committee and other Bodies are
attended by representatives of Governments, Employers and Workers .The strength
of the three wings on each body may very but parity between the three groups is
maintained through the adoption of a suitable system of voting.
The structure and constitution of three constituents may be enumerated as follow.

(a) INTERNATIONAL LABOUR ORGANIZATION

The International Labour conference is a policy making and legislative
body, being in effect a “ World Industrial parliament” It consists of four
representatives in respect of each member state ,two representing the Government
and one each labour and management respectively in that country. In addition, each
delegate and bring two advisors for each technical item on the agenda. The
delegates and advisors and appointed by the Governments of member countries. In
accordance with the I.L.O Constitution, non Government delegates and Adviser are
to be chosen in agreement with the industrial organizations. If such organization
exists, which are most representative of employers or work people as the case may
be, in their respective countries? In addition to these representatives (delegates and
advisors ) the other representatives from non-metropolitan territories, officials,
international organizations and no-governmental international organizations with
which I.L.O. is having consultative relationship also attend the Conference
.meetings of the Conference are held normally once every year. Special sessions
may also be convened to deal with questions relating to maritime labour etc. Till
98
the end of 1984, seventy sessions were held out of which nine were maritime
session.19

The representatives of the Government, Employers and labour speak and

vote independently, so that all points of view find full expression. All delegates
have been given equal status in the conference i.e. each delegate is entitled to vote
individually on any question. Voting is by a two- thirds majority. By the same
majority it can adopt amendments to the constitution and such amendments would
take effect only when ratified by 2/3 of the members of I.L.O .The Conference also
elects a President and three Vice-Employers and workers Groups.

The Conference is the policy making body and it acts as the legislative wing
of the Organization. The Conference promote labour legislation in each state by
adopting Recommendations and Conventions .Recommendations enunciates
principles to guide a state in drafting labour legislations or labour regulations, and
for this reasons has been termed a “Standard defining instrument” . States,
however, are under no binding obligation to give effect to a Recommendation,
although they are duty bound to bring it before the appropriate national legislative
authority. A Convention it is the nature of a treaty , although it is adopted by the
Conference and not signed by delegated of the member-states. Members –states are
under an obligation to bring the convention before the competent authorities for the
enactment of legislation or other action.20 If a member state obtains approval for a
convention, it is bound to ratify it , and there upon assumes the obligation of
applying its provisions. Member-State is also bound to report annually on the
measures it has taken to bring its legislation into accord with the Convention.
Therefore, it is the obligation of the member-state to implement through their state
legislatures the Conventions and Recommendations continued together are called
International Labour Code which indicates the international standards of policy.21

19
Indian labour Year Book,1986,Page 338
20
Article 19 of the constitution of ILO
21
Godspeed Note 1 Page 442. For details see also ILO code 1951 {1952} adopted for C.w.
Jenks , Social Justice in the law of nation (1970)P.9.

99
 in the course of its seventy session held up to June 1984, 159, Conventions
and 169 Recommendation. These pertain to maters like: Hours of work, weekly
rest, annul holidays with pay, minimum age for admission to employment,
protection of young persons and women, social security, wage fixing machinery ,
protection of wages , employment policy ,vocational training, labour inspection,
industrial relations, conditions of migrant workers and of sea farers etc.

(b) THE GOVERNMENT BODY

The Governing Body is more or less the executive organ of the
Organization. It has a similar tripartite character as that of the Conference .The
Governing Body plays a key role in the organization. The Governing Body
appoints the Directors General, considers program me and budget proposals
submitted by Director General and recommends the programmers and budget to be
approved by Conference and decides the specific action to be taken on the
resolutions adopted , settles the dates, duration, agenda and composition of all
subsidiary meetings and follow –up as appropriate, their proposals or conclusions,
examines the application by member states of the Convention and
recommendations adopted by the Conference and Coordinates the activities of ILO,
with those of other members of the United Nation family and of other
organizations-regional and International.

The Governing Body consist of 56 members , 28 represent sating

Governments, 14 Employers and 14 Workers .Out of 28 Government seats , 10 are
non-elective and are held by States of Chief Industrial Importance. These are
China, France, Brazil, Italy, Federal Republic of Germany, India, Japan, U.K.
U.S.A. and U.S.S.R. The remaining 18 Government members are appointed by
Governments of the member-Statues elected for the purpose once in three years, by
an election college consisting of Government delegates from the member-states
other than the States of Chief Industrial importance, attending the International
Labour Conference in the election years. The Employer and worker –member are
also elected for a three year period by the employers and workers delegation
respectively attending the Conference in the same year. One of the employer
members and one of the Governing Body are Indian nationals.

100
 The Governing Body is assisted in its work by standing tripartite
committees namely Programs, Financial and Administrative Committees.
Allocations Committee, Committee on Standing Orders and the application of
Convention and recommendations , Industrial Activities Committee on operational
Programs, Committee on Freedom of Association , Committee on Discrimination
and Committee on multinational Enterprises.22

The Governing Body normally meets thrice a year .It meets four times
during the year when triennial elections are held. It elects one of its Government
members as its Chairman every year immediately after the General Conference is
over. Two Vice-chairman each represent ting the employers and the workers
groups are also elected.

(c) THE INTERNATIONAL LABOUR OFFICE

The International Labour Office acts as a Secretariat and is responsible for
organizational work and to implement the decisions of the Conference .It is
engaged in studying problems connected with labour. It makes arrangements for
conducting research and serves as a research center. The headquarters of
International labour office is at Geneva. The Office provides technical assistance to
member-states. It also serves as a clearing house of informational on all problems
relating to labour. The International Labour Office is assisted by Branch Officers,
Regional Officers, Area Offices, Country representatives and National
Correspondents in different parts of the world. The Chief Exclusive Officer is the
Director-General. he responsible for the efficient working of the office and for such
other duties as may be assigned to him by the Governing Body from time to time.
The main functions of the International Labour Office may be enumerated as
follows:

1. To provide secretarial assistance to Conference and Governing Body for various

sessions. The office also prepares the documents for such meetings it also
provides other relevant information.

22
Indian Labour Year Book,1986P338

101
2. To follow up the implementation of international Labour regulations and to the
decisions of the Conference by the member-States.

3. To carry-out enquiries, to edit and publish studies and reports pertaining to

labour problem on socio-economic question.23

2 To carry-out, in collaboration with the relevant national authorities and other

International agencies, the technical assistance programme of the Organization.
Thus the function of the Labour Office are to collect and distribute information
on all subjects industrial life and labour, to examine subjects which it is
proposed to bring the Conference , and to conduct such special investigations as
the conference may order.

6.6 MEMBERSHIP OF THE I.L.O

The original members of the League of Nations and countries joining the
league automatically become members of the I.L.O. certain countries which were
not members of the League were also admitted as members of I.L.O by decisions
of the International Labour Conference. After the United nation Organization
came into being, any original member of the United Nation and any State admitted
to membership of the United Nations by a decision of the General Assembly can
become a member of the I.L.O. by communicating to the Director General of the
International Labour Office ,its formal acceptance of the obligation under the ILO
Constitution .Besides , the General Conference may also admit Status a members
by a vote concurred in by two-thirds of the delegates attending the session
including two-thirds of the Government delegates present and voting.

The total number of member –statues of the International Labour

Organizational as on 31st Dec.1984 was150.India has been a number of the I.L.O.
since its inception and other 191924 Initially European and American countries and
other developed countries were the members of I.L.O African and Asian Countries
23
Presently the office is publishing International Labour review ,Legislative Series official
Bulletin of labour statistics and year book of Labour statistics.
24
Indian Labour Year Book 1987.P 337

102
have also become members as and when they achieved Independence during the
fifties and sixties. Presently most of the countries developed, developing or under –
developed are members of I.L.O In this sense, we can say that the organization has
achieved a universal character.

6.7 RELATIONSHIP WITH U.N.O.

International labour Organization was established in 1919 as an autonomous

partner of the League of Nations. When the League of Nations of became defunct
the I.L.O. continued to function as an independence body and survived even in the
Second World War as a living organ .Later, when the United Nations
Organizations was established after Second World War, the I.L.O. entered in to a
special agreement with U.N.O. in may , 1946 under which it acquired the status of
a Specialized Agency of U.N.O. The United Nations General Assembly granted its
approval on December 14, 1946 for the same.

After the formations of U.N.O., arrangements for regular contact and

cooperative between the U.N.O. and I.L.O. were made. This arrangement was
made after its ratification by the Montreal Conference of the I.L.O. Instruments for
the amendment of the Constitution of I.L.O. were adopted by the Paris Conference
in 1945 and the Montreal Conference in 1946.Presently there are several
Committees , linking the work of the I.L.O. with other branches of the U.N.O. Thus
the ILO has integrated itself, with the U.N.O. system and participated in common
and concerted action towards the solution of major world problems.

During the span of 43 years the panoramic history of I.L.O. and U.N.O.
reveals that principle activities towards the promotion of economic development
and to ameliorate the conditions of labour have been insured and increased. As
specialized agency of the U.N.O. the I.L.O. has cooperated with U.N.O.
significantly. I.L.O. has been entrusted with great duties to strengthen a sound
economic and social environment among the member –status.

6.8 INDIA AND I.L.O.

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 India has been a member of the I.L.O. since its inception in 1919 even
before it achieved Independence. Prominent Indian has occupied the honorable
seats of I.L.O. from time to time. Indian representative which have also been
elected to various committees of the I.L.O. India has actively contributed finance
to the funds of I.L.O. upon which the whole programme of the I.L.O is based .
India is also a permanent member of its Governing body one of the employer –
member and one of the worker- members of the Governing body are Indian
nationals.

Under the I.L.O. Constitutions, member –States are required to bring the
Conventions and Recommendation before the competent national, state or
provincial authorities within a maximum period of 18 months of their adoption by
the Conference for such action as might be considered practicable. Information
regarding the action proposed to be taken on then has to be communicated to the
I.L.O. If the competent authority approves the ratification it is to be formally
communicated to the Director-General for registration .On ratification, convention
became binding international instrument .By the end of 1984, India had ratified 34
Conventions. Out of this Convention No.2 concerning Unemployment which was
ratified in 1921 was subsequently denounced. Government of India has been
keeping under constant review the feasibility of ratifying or further implementing
as many of the Conventions as possible and in this task, the Government relies on
the advice of a Tripartite Committee on Conventions which was set-up in 1954.
India has also been taking an active part in the Conference and meetings convened
by the Organization.

The Indian Branch of the I.L.O. has its office in New Delhi since the year
1928 to serve as link between the Head Quarters at Geneva on the one hand , and
the Government and Employer’s and Worker’s Organizations on the other. In
pursuance of the policy of decentralization of the I.L.O. activities, the New Delhi
Branch Office was converted into an Area Office from April 1, 1970. The Area
office is Uncharged of all I.L.O. activities in India, Srilanka, Nepal, Bhutan and the
Maldives Islands. It keeps the I.L.O. Headquarters at Geneva informed periodically

104
of the social and economic development in the area and acts as a clearing house of
information on subjects failing within the scope of the Organization.

The I.L.O. has exercised a great influence on the course of events in the
industrial and labour field of India .The I.L.O. Conventions had played an
important role in the enactment, amendment and alteration of related laws. It may
be noted that there is similarity between the goals and the principles cherished by
the I.L.O. and in the Preamble to the Indian Constitutions. Like the tripartite
representative of Government, workers and Employers in the I.L.O. the
Government of India have set-up tripartite bodies like the Indian Labour
Conference, the Standing labour Committee and the Industrial Committees. The
labour policy in India is largely based on the policy work of the I.L.O. Further to
note , India has also made due efforts in constituting many Regional Conference
and advisory Committee .Many Labour legislation have incorporated the
provisions based upon the Conference and Recommendations of I.L.O. whether
ratified or not by the Government of India .

6.9 EVALUTION AND CONCLUSION

The I.L.O. standards are Conventions and Recommendations designed to

improve working and living conditions, to safeguard human rights such as freedom
of association and to encourage job creation25 8. International Labour Organization
is a very successful inters governmental institution and specialized agency. It has
done a commendable work to achieve social justice for the workers. In the field of
industrial world and in enacting Labour Legislation throughout the member states,
International Labour Code is a significant achievement and a corner stone of every
nation’s labour policy who have adopted it.

In the words of C.W. Jenks “The International labour Code has become for
labour lawyers throughout the word that “Corpus juries Civilest “is for the civilians
or works of authority of the Common Law for the common lawyers26. The most

25
U.N. monthly Cronical Volume 13 No. 7 [ July 1976 Page 41.
26
C.W. Jenks Social Justice in the Law of nation-The I.L.O impact after 50 years [1970], P 80

105
significant thing in the constitution of the international Labour Organization is that
this Organization has the representation of not only of the states, but also of the
workers and employers. This tripartite partnership has made the organization the
most representative and democratic in the real sense of the term. Besides this, as
pointed out by Jenks “No less radical and unprecedented an innovation was the
obligation to submit Conventions adopted by International labour Conference by a
two –thirds majority for parliamentary consideration, irrespective of the attitude
towards the Conventions of the representatives of the Government concerned27

Taking a broad view of the extent of progress which the International labour
Organization has made we can conclude that the achievement is no less significant
than it has avowedly accepted in its constitutional frame –work for social justice
and also is no less promising than it has promised within the frame work of its
objectives and the rule of law as accepted though out the industrial world.

6.10 SELF –ASSESSMENT TEST

Answer the following Questions in not more than 500 words.
1. Describe the constitution and organization of the I.L.O.
2. Write a note on the fundamental principles, aims and objective of I.L.O.
3. Estimate the influence of I.L.O. on labour legislation and evaluate the role of
I.L.O
4. Discuss the various organs through which the I.L.O. functions.
Point-out the relationship between U.N.O. and I.L.O.
6.11 FURTHER READINGS

Bhagoliwal ,T.N. : Economics of Labour and Industrial Relations

Mongia , J.N. : Readings in Indian Labour and Social Welfare.
Saxena Bureau : Ministry of Labour, Government of India .Indian
Labour book
Jenks , C.W. : Social Justice in the Law of Nations.

27
10. IIid.Page25

106
 UNIT- 7
International Labour Organization (I. L.O.)
( Structure , International Labour Conference ,
Governing Body and International Labour Office )

Objectives :
Whenever people are at work, their problems are in some way the concern of
the ILO. For more than 85 years the ILO. Has been bringing workers,’ employers ‘
and government representatives together to devise measure which will improve the
conditions of work and the general welfare of working people all over the world in
the above context , after going through this unit , you should be able to :
 Know the aims and objectives of the ILO.
 Know the structure of the ILO, consists of an International Labour
Conference, a Governing body and International Labour Office.
 Know the particular composition of the organs of the ILO, and their powers
and functions.

Structure :

7.1 Aims and Objectives

7.2 Membership
7.3 Structure
7.4 System of Voting body
7.5 Function of General Conference
7.6 Power to appoint committee
7.7 Governing Body
7.8 Power and function of Governing Body
7.9 The international labour Officer
7.10 Functions of the office
7.11 Self Assessment Test

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 7.12 Further Readings

7.1 Aims and Objectives :

The International Labour Organization was established in 1919 by the Peace

Conference as an autonomous body associated with the League of Nations. For the
first time it was realized the universal and lasting pace could be promoted only
through promotion of social justice within the nations .it was this realization that
led to the setting up of the ILO by part XIII commonly called the Labour Section ,
of the Treaty of Versailles.

The aims and objectives of the ILO are set out in the preamble of its
Constitutions and in the Declaration of Philadelphia (1944) which was formally
annexed to the Constitution in 1946 .The preamble affirms that universal peace can
be established only if it is based upon social justice, draws attention to the existing
conditions of labour involving injustice., hardship and privation to a large number
of people and declares that improvement of those conditions is urgently called for
by the adoption of such means as the regulation of hours of workers against
sickness , disease , protection of children , young persons and women , protection
of the interest of migrant workers , recognition of the principle of freedoms of
association , and organization of vocational and technical education.

There are three main functions of ILO. First, is to establish international

labour standards, second is to collect and disseminate information on labour and
industrial conditions. And, third function is to provide technical assistance.

The most significant thing in the constitution of the ILO. Is that this
Organization as the representative of not only the states but also of an equal
number of representatives of workers and employers? This tripartite partnership
has made this Organization the most representative and democratic in the real sense
of the term.

7.2 Membership :
108
 The membership of ILO. Consists of the states which were members on
Nov.1.1945, and such other states as have or may become members by either of
two alternative producers provided for in the Constitution (Article 1(2) ) . Any
member of the United Nations may become a member of the ILO. By
communicating to the Director General its formal acceptance of the obligations of
the Constitutions of Organization. other states may be admitted to the Organization
by the conference by a vote concurred in by two- third of the delegates attending
the session including two-third of the government delegate attending present and
voting (Article 1 (2) ).

Member may without from the Organization on giving two years ‘ notice
.However , when as member has ratified any international labour convention such
withdrawal does not affect the continued validity for the period provided for in the
convention of all obligation arising there under or relating thereto ( Article 1(5 ) ).

7.3 Structure :

In structure the ILO is extremely simple. It consists of an International

Labour Conference, Governing Body and International Labour Office. The
Conference is the supreme policy – making and legislative organ , the Governing
Body the executive council ; and the International labour Office the secretariat ,
operation head quarters and information centre.

The International Labour Conference :

Composition :
The Conference is composed of four representative of each member, of
whom two are government delegates and two are delegates’ representative
respectively the employers and the workers of the members concerned. All
delegates may be accompanied by advisers, not exceeding two for each item on the
agenda.

109
 The 2+1+1 basis of representation at the Conference has been subject for
acute difference of option. In particular , It was fully discussed in 1919 in the
commission on International Labour Legislation of the peace conference and in
1946 as in the committee on Constitutional Questions of the International Labour
Conference .In 1946 as in 1919 the underlying argument in favor of the 2+1+1
system was essential that the government should have at voice at least equal to that
of the employers and workers combined , since otherwise it would often happen at
conventions adopted by a two –thirds majority of the Conference would be rejected
by the legislatures of the various states , and the influence and prestige of the
Conference would be quickly destroys.

Another difficult constitutional question having political overtone , due to

cold war erupted when the employers ‘delegates from non-communist countries
particularly from the united states challenged the formal credentials of employers,
delegates from socialist states , particularly of the soviet union on the constitutional
ground that they did not represent free associations of free employers and workers
.This challenge was referred to a three- men Credential Committee , which decided
in favor of the Soviet bloc employers; credentials . A similar decision was taken by
the Conference in favor of workers delegates from socialist states like USSR,
Poland, Yugoslavia, Bulgaria etc. This issue had became crucial when Russia
rejoined the ILO in 1954 and the Mc Nair Committee was established to consider
the above stated constitutional problem. The committee noted that representative of
private industries no longer enjoyed an exclusive title as defenders of the
employers point of view due to wide spread development of state enterprise.

However , after 1969 the traditional employers , groups have changed their
attitude and have accepted the reality of “free enterprise ‘’ and ‘’ socialist economy
existing side by side and accordingly , the nature and function of management
representing the socialist section in the various forms of the ILO.

Advisers: Each delegate may be accompanied by technical advisers who shall not
exceed two in number for each item on the agenda of the meeting. When questions
affecting women are to be considered by the Conference, at least one of the
110
advisers should be a woman. As regards their status advisers shall not speak except
on request made by the delegate whom they accompany and with special
permission of the President of the Conference and may not vote.

If the delegate deputies in writing and by notice his adviser in his place then
the delegate shall be allowed to speak and vote. However, the names of delegates
and advisers have to be communicated in advance by the member states to the
international Labour Office.

In Addition to regular delegates and advisers the Conference may be

attended by representative drawn, from representative of Official international
organizations, non-governmental organizations such as International Confederation
of Free-Trade Unions, the world Federation of Trade –Unions and International
Federation of Christian Trade Unions.

7.4 System of Voting :

In the Conference voting is based on democratic principles of one man and

one vote. At the plenary meetings of the Conference it means that Government
have twice as many votes as either of employers of workers because of the ILO
Constitution ( Article 3(1) ).If a governments sends only one government delegate,
he has only one vote. If a government sends an employers, delegate and no workers
‘delegate that delegate has no vote. A member in arrears with its contribution may
lose the right to vote.

In the Conference voting is by a show of hands where a simple majority is

required on most matters , but a record vote is asked for by not less than 50
delegates present at a sitting or by the chairman of a group record voting are taken
in the following cases in which a majority of two-third is requires by the ILO
constitution. These are, namely, amendments to the Constitutions, adoption of
convention and recommendations arrangements for the approval, allocation and
collection of the annual budget denial of admission to delegates from member

111
states who are in arrears in the payment of contribution, inclusion of the new item
in the agenda of the Conference and admission of new members.

The unique feature of voting system in the Conference is that each delegates
votes independently in their capacity as the representative of workers or employers
and not as the spokesman of their state.

7.5 Function of the General Conference :

The International labour Conference is the supreme organ of the ILO and
acts as the legislative wing of the organization. While the General Conference
usually meets once year, special session of the Conference may be convened to
deal with questions relating to labour.

The main function of the International Labour conference is to provide a

forum and platform for discussion and deliberation of international labour
problems and thereby formulate international labour problems standards in the
shape of Conventions and recommendations which collectively known as
International Labour Code. A labour convention is not signed on behalf of
prospective contracting parties, but simply authenticated by the president of the
Conference and the Director General of the ILO. A convention or recommendation
thus adopted is communicated to all members for ratification , in the case of a
recommendation for consideration with a view to effect being given to it by
national legislation or otherwise.

The Conference has also the power to discuss and examine closely the
report of the Director General which focuses the attention on problems of topical
interest and indicates the manner in which the ILO could assist in its solution from
time to time. It provides an opportunity for delegates to give expression to their
own views on the work of the ILO to draw attention to the difficulties faced by
member country in tacking labour problems, and to offer suggestion for improving
the work of the Organization. Thus, the theme of discussion is set each year by the
Director General in his report to the Conference. The subjects chosen generally are

112
those of pressing international importance. The Director General has devoted some
of his recent reports to older people in work and Retirement; labour relations, youth
and work; current problems and trends in employment and unemployment, social
problems of economic development and institutions in social policy, automation
and other technological developments, labour and social implications, Rural and
Urban Employment Relationship etc.

7.6 Power to Appoint committees :

The standing order of the Conference authorizes it to appoint committees to

deal with different matters during each session. All these committees are tripartite
in nature except the Finance Committee which consists of Government delegates
only. These committees are:

a. Finance committee :
This committee deals with financial and budgetary questions and consists of
Government representative only – one Government delegate from each member
state represented at the Conference.

b. Selection Committee :
It consists of 24 Government members nominated by the Government group,
12 employers ‘and the workers, groups respectively. Its main functions are to fix
the time and make proposals for the plenary sitting of the Conference, make
proposals for the sitting up and composition of the technical committee and deal
with other procedural matters.

c. Credential Committee :
It consists of one representative from each of the three groups nominated by
the selection committee. It examines the credentials of the delegates and their
advisers and objections, If any, relating thereto if the Credential committee or any
member there of submits a report that the Conference should refuse to admit any
delegates or adviser, the conference has to take a decision in the matter by two
third of the votes cast by the delegates present.

113
d. Resolution Committee :
While its size in not fixed, it is also tripartite in character. This committee
deals with Resolutions tabled by the delegates to the conference relating to matters
other than those included.

e. Committee on the Application of Conventions and Recommendations

This committee is also tripartite in character. Its main function is to
examine closely the various current labour problems which need immediate action
on the part of the Conference in the form of a convention or recommendation for
adoption by the Conference and their ratification by member states.

f. Drafting Committee :
It is responsible for giving legal shape to the texts of the conventions or
recommendations, amendments to the Constitution, etc.

g. Committee on Standing Orders :

The Conference sets up, if necessary, a tripartite committee in standing
orders to examine proposals brought forward by the Governing Body. For the
amendment of the standing orders of the Conference.

7.7 The Governing Body :

The Governing Body is the executive wing of the organization with limited
composition proposals and tripartite in character. It is one of the principle organs of
the ILO. It is a non-political, a non legislative organ charged with the duty of
carrying out faithfully the decisions of the General Conference through the
instrumentally of the International Labour Organization.

Composition :
Like the General Conference the governments, employers and workers are
represented in it. The 2:1:1 system in the Conference has been adopted in the
Governing Body. The constitution of the ILO has been amendment several times in

114
order to make the Governing Body more fully representative. At present Governing
body consists of 56 persons, whom 28 represent government .14 employers and 14
workers .The government member in the Governing body are governments and not
persons. Of the 28 representing governments ’10 shall be appointed by the
members of chief industrial importance and 18 governments, delegates are elected
by an electoral college of the Conference including all governments except those of
chief industrial importance. The criteria for determining the status of chief
industrial Importance are not early and states have always been eager to qualify for
becoming the states of chief –industrial importance and those which enjoyed this
states were more reluctant to be removed from it. However, the general criteria laid
down for this selection are the strength of total industrial population including
miners , transport workers , agriculture workers ,etc.

As regard India, Originally in 1919, she was not declared as a state of chief
industrial importance and a permanent member of the governing body .Since June
1922, India, has been holding a non-elective seat as one of the countries of chief
industrial importance, The Employers ‘and workers members of the Governing
body are regarded and being representative of the whole body of employers ‘and
workers delegates to the Conference.

Term of Office :
The period of the office of the Governing Body is three years and voting is
by majority. It meets several times a year to take decisions on questions or policy
and programmers of the ILO. AT the end of every three years the General
Conference holds fresh elections and the Governing Body is reconstituted.

7.8 Powers and Functions Of the Governing Body :

In the attempt to synthesis the function of one Governing Body in a single

term, It has been called the Executive committee, of the ILO, or the Board of
directors, or the Control Tower, or the power house. Its main functions can be
encumbered below :

115
(i). Drawing Agenda : The Governing Body draws up the agenda of each session
of the conference and subject to the overriding decisions of the Conference decides
what specific subjects should be included in the agenda of the conference .

(ii) Appointment of director –General: The Governing body appoints the

Director –General of the Office .it scrutinizes the budget submitted by and financial
estimates and accounts presented to the conference for adoption. It follows up the
implementation by member states of the conventions and recommendations
adopted by the Conference.

(iii) Control over Regional Conference and Committees: The Governing body
fixes the dates, duration and agenda for all regional and technical conference and
committees, receives their reports and decides on the action to be taken.

(iv) Power to seek Advisory opinion: Under Article IX of the Agreement of 1946
between the UN and the ILO, the ILO may through Governing Body also seek
Advisory opinion from the International court of Justice with the consent of the
International Labour conference.

(v)Miscellaneous Powers: It regulates its own procedure and elects every year one
of its Government members as Chairman and two-vice Chairman –one each from
employers and workers group represented in the Governing body for each year. It
is assisted in its work by a number of standing tripartite Committees e.g. Financial
and Administrative Committee; committee on operational Programs; committee on
Freedom of association, committee on discrimination .There are three Regional
Advisory committees at present also-Asian , African and Inter-American.

In short, the Governing Body gives direction and purpose to the ILO and its
working. Its utility, justification and purposefulness depend on the personality,
quality and foresightedness of the members of the governing Body. In other words,
the ILO without Governing Body would be liked the UN without Security Council
or a state without a Government.

116
7.9 The International Labour Office:

The third permanent organ of the ILO is the International labour office
which functions as the secretariat of the Organization.

The Seat of the Office:

Initially, in early 1920n, the office was first established in London but, in
June 1920 the Governing Body decided to shift the ILO to Geneva which is now its
permanent headquarter .The ILO was the first specialized agency to set up a
Liaison office with the United Nations. The establishment of this Liaison office
constituted the best possible proof that if the seat of the ILO was not to be in New
York, none the less the ILO would remain in day to day relation in New York with
the United Nations.

Regional and Other officers:

In addition to seat of the ILO in Geneva and Liaison office in New York,
the ILO has a wide not work of staff spread all over the globe.

Regional and other officers:

In addition to seat of the ILO in Geneva and Liaison office in New York ,
the ILO has a wide net work of staff speared all over the globe. From 1920
onwards Branch officers and National correspondents were established in
important industrial states and after the second World War Series of felid and
regional offices have began set up to maintain close links and day to day contacts
with member governments and representative of employer and work people.

Regional officers have been set up for the ILO’s operational activities. Each
office is headed by a regional coordinator who controls the area officers. In India
branch of the ILO established in 1928 to maintain liaison between International
Labour Office and Government of India and employers and workers organization
has been converted into an area office from April, 1970 to operate the ILO
activities in India, Ceylon, Nepal and the Maldives Islands. The field officers for

117
different continents and areas are supervising the technical assistance programs in
different countries.

Director-General:
The Director –General of the ILO is at the same time the chief
Administrative and Chief Executive of the International Labour office. The ILO
Constitution provides that there shall be a Director –General of the International
Labour Office , who shall be responsible for the efficient conduct of the
International Labour Office and for such duties as may be assigned t him (Article
8(1).Unlike the Secretary –General of the United Nations who is appointed by the
general Assembly on the recommendations of the Security Council , the Director-
General of the International Labour Office is appointed by the Governing Body and
he is responsible to it alone. He also acts as the Secretary –General or his Deputy
shall attend all the meetings of the Governing Body.

The ILO Constitution is silent about the duration of the term of the Director-
General .under the Rules framed by the Governing Body, he is appointed for a
period of ten years. His appointment may be renewed for such period as may be
decided by the Governing Body but no single extension can exceed five years. The
former Director –General David A Morse has been in office from 1948 when the
Governing Body elected as his successor C. Wilfred Jenks. The Principal Deputy
Director –General, David A. Morse has been the Director –General of the ILO for
more than 21 years.

Staff:
The staff of the International Labour Office is appointed by the Director-
General in accordance with the rules and regulations approved by the Governing
Body. So far as possible with due regard to the efficiency of the work of the Office,
the Director-General shall select persons of different nationalities.

The Director-General is assisted by the Deputy Director-General, six

Assistant Director-Generals, one Director of the International Institute for Labour
Studies, one Director of the International centre for Advanced Technical and
Vocational Training, Advisors Chief of Divisions and other staff which member
118
more than 1800 and is drawn from more than 100 nationals. This Number does not
include those over 1000 experts, in the field engaged in ILO’s technical co-
operation projects working on short term contracts. The headquarters office is
further assisted by twelve branch officers, seven field Area officers and forty
Nationals correspondents in different parts of the world.’

The ILO’s staff from, like the Officials of the U.N. and its specialized
agencies, an international civil service. The ILO’s constitution stipulates that the
responsibilities of such staff shall be exclusively international in character. As to
the international position of the members of the Office, a serious problem did arise
in 1952 and in subsequent years with regard to the question of loyalty of the
officials to the Government of the country of which they were nationals. In
particular case, some of the members of the staff of U.S. nationality of UNESCO
refused to testify before the US loyalty Board on grounds of privilege to answer
questions by commission of inquiry regarding loyalty to their alleged involvement
in subversive activities previously , or while engaged upon their international
responsibilities .On this basis, the UNESCO declined to review their contracts .In
an appeal the Administrative Tribunal of the ILO held that a refusal to answer
loyalty interrogatories was not sufficient ground for the declining to review the
appointment of an Official of the UNESCO.

7.10 FUNCTIONS OF THE OFFICE :

The ILO Constitution (Article 10(20) describe the functions of the

International Office in particular such as to prepare the documents on the various
items of the agenda of the meetings of the Conference to accord to governments
their request all appropriate assistance within its power connection with the
framing of laws and regulation on the basis of the decisions of the Conference and
the improvement of administrative practices and systems of inspections, to carry
out the duties required of it by the provisions of this Constitution in connection
with the effective observance of convention and edit and issue in such languages
as the Governing Body may think describe , publications dealing with the
problems of industry and employment of international interest:

119
 Besides above specified functions, the Constitution assigns (Article 10(3)
the office such powers and duties as may be assigned to it by the Conference or by
the Governing Body.

However, the general functions of the international Office includes the

collection and distribution of information on all subjects relation to the
international adjustment of conditions of industrial life and lobour, and particularly,
the examination of subjects which it is proposed to bring before the conference
with a view to the conclusion of international conventions and the conduct of such
special investigations ‘as may be ordered by the conference or by the Governing
Body’.

Thus, the responsibilities of the Office are wide and complex and the
success of the ILO depends upon the efficiency and devotion with which the Office
discharges the aforesaid obligations. In the words of Albert Thomas, the first
Director of the Office, ‘My staff in the International Labour office and I, myself,
cope to make of this institution which has been entrusted to us by the Peace Treaty,
not a bureaucratic organization, not a research department holding itself aloof on
the outskirts of Geneva in splendid scientific isolation, but an adaptable and living
organization which will be in constant touch with the workers ‘organization’.

It can be safety said what the I.L. Office and the ILO is today is due to the
missionary zeal and programmatic of Albert Thomas. he had to struggle against the
hostile employers in different states and impulsive workers to create their innate
faith in the competence and ability of the ILO for bringing about a peaceful change
and unity of approach within the limits of special and diverse situations to rescue
labour from its social and legal handicaps. The responsibility of translating the
basic philosophy and idealism , embodied in the ILO charter, rests on the
International Labour Officering the words of E.J. Phelan who has been the
Director of the ILO , ‘the office is in fact clearing house for information on all
subjects connected with conditions of labour , and its functions in this respect are
especially valuable because it is equipped to deal with the technical problems , but
also with the problems which arise when replies to its requests for information
120
arrive in the form of laws, decrease and memoranda in ten of twenty different
languages.

Other functions which the Office has at various times discharged have
included the following giving assistance in connection with international and
national inquiries into matters of a social and economic character , the conduct of
negotiations concerning such matters between Governments and between
International organizations of employers and international organizations of workers
, arrangement for the determination of disputes concerning social or economic
matters which are international in character , the development of mutual aid
between Government in the improvement and standardization of administrative
practice , and practical assistance to Governments in regard to questions such as
vocational training occupational classification and migration.

7.11 SELF –ASSESSMENT TEST:

Answer the following question in not more than one page each, so that you may
know how much you have understood the subjects discussed in this unit.
1. Discuss the Tripartite Principle of the International Labour Organization.
2. Discuss the objection to the credentials of workers’ delegates from socialist
stapes that they are not true representatives of the workers of their particulars
countries.
3. The Governing Body is called the Control Tower of the Power House or the
Board of Directors. Whether it is true?
4. Discuss the important functions of the international Labour office.

7.12 FURTHER READINGS:

1. Johnston, G.A. , the International Labour Organization (Europe Pub., London ,

1970).
2. Dhyani, S.N. International Labour Organization and India, (National Pub.,
Jaipur , 1977).

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3. The ILO and the World of work , (ILO Pub. Geneva, 1984).
4. Kaul, N.N., International Labour Organization
5. The Constitution of International Labour Organization.

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 UNIT - 8
International Labour Code
(NATURE, SCOPE, IMPORTANCE AND DEVELOPMENT)
Objectives :-
After going through this unit , should be able to :-
 Know the meaning of International Labour Code.
 Know the nature and the scope of International Labour Code.
 Know the Development of International Labour Code and its importance.

Structure :
8.1 Nature and Scope.
8.2 Development :-
a. 1919 to 1929
b. 1930 to 1939
c. 1940 to 1949
d. 1950 to 1959
e. 1960 to 1969
f. 1970 to 1979
g. 1980 to onward
8.3 International labour Code & India.
8.4 Importance.
8.5 Summary.
8.6 Self Assessment test.
8.7 Key words.
8.8 Further Reading.
8.1 NATURE & SCOPE :-
The International labour conference is the supreme law making body. It can
also be designed as the Parliamentary organ of ILO. The conference provides
minimum international labour standards in the form of conventions and

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recommendations to form a common universal policy regarding labour. The
International labour conference is not legislative in its strict sense. A legislature
means a rule making body of binding character, whose rules are legally recognized
by law courts and enforced by the state. The term ‘’International labour legislation
“is not legislation in its strict sense it is not a legislation like national legislation. It
is only by way of analogy the term international labour legislation is used
collectively for conventions and recommendations. The term International labor
Code” is synonym to the term International labour legislation;, international Code
includes the conventions and recommendations adopted by the international labour
conference. A member state of ILO can shape their national labour legislation as
per the material available in the code. The International Labour Office published
“International Labour code , 1939 in 1941. This publication was followed by “The
International labour code, 1951 ‘.In its wider sense , the international labour code
includes all the instruments adopted by the ILO relating labour conditions of the
working class and other weaker sections. These Instruments are used to stimulate
social justice and to achieve all other objectives on which the ILO in based.

Labour Code consists of about 170 conventions which have been gradually
adopted during the last 70 years by the ILO. This code today constitutes a complete
set of standards covering almost all relevant labour problems and questions. This
code is a living document, it is developing constantly. The code is very much
receptive to new ideas & techniques in the interest of labour. It is always open to
new additions whenever the need becomes apparent. The code is not only an
academic exercise, it is based on scientific , economic & humanitarian
considerations. It is the outcome of long experienced and analytical process, during
the synthesis of this code the real picture of the world labour is being seen. It
mainly deals with questions such as hours of work, social security, freedom of
association , minimum wages, employment problems, women labour, child and
young labour management relations etc .The main purpose of the code is to
promote social progress and its success can be measured by the extent to which
states have accepted its norms for their national lows.
8.2 Development :

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 The Development of international labour code means the Development of
international labour legislation or the development of conventions and
recommendations adopted by the ILO.

Till 1989 ILO has adopted about `168 conventions. These adoption
represent world’s view on labour problems. ILO has done much in its 70 years life
and still heading further with the same velocity. For analyzing the progress and the
development of International labour code we can see the history of conventions and
recommendations. For convenience we can see the development as per the
following table-

S. No Years From to Number of convention adopted.

1 1919 to1929 28
2 1930 to 1939 39
3 1940 to 1949 31
4 1950 to 1959 16
5 1960 to 1969 16
6 1970 to 1979 23
7 1980 to 1989 15

1. 1919 to 1929 :-
During the period ILO adopted 28 conventions and 34 recommendations.
The concern during this period was the conditions of employment. The first
convention and recommendation adopted during this period were related to
unemployment , maternity protection, minimum age, right of Association,
workmen’s compensation ( Agriculture ) , weekly rest ,& seamen;

2. 1930 to 1939 :-
During this decade about 39 convention and 32 recommendations were
adopted. The main emphasis again was on the conditions of employment. The main
conventions were related to hours of work, protecting against accident ( Dockers ) ,
minimum age , old age insurance, invalidity Insurance, safety provisions (
Building ) etc.
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3. 1940 to 1949 :-
During this era the world was negatively influenced by the efforts of II
world war. The war also influenced the activities of ILO. From 1940 to 1944 there
was no meeting of the ILO. Thus actually from 1944 to 1950, the ILO adopted
about 31 conventions and 21 recommendations. In this era the ILO showed its
inclination towards freedom of association and collective bargaining. 84th & 87th
were right Of association (Non-Metropolitan territories) convention, 1947, and
freedom of Association & protection of the Right to organize convention, 1948
respectively. 98th convention was related to right to organize and collective
bargaining. Other important conventions were related to the working conditions
and social security of working class.

4. 1950 to 1959 :
Total 16 conventions were adopted during this period. During this era few
most important standards were fixed. Minimum wage fixing machinery
(Agriculture )
Convention, 1951 was adopted in 1951. Equal Remuneration, holidays with pay,
Social security, Maternity protection, weekly rest etc. were the main subjects which
were adopted in various conventions during this era.

5. 1960 to 1969 :
During this period 16 conventions and 32 recommendations were adopted.
In 1960, ILO adopted an important convention relating to the radiation dangers.
Other important conventions were related to equality of treatment ( Social Security
) , Hygiene , Employment injury Benefits , Employment policy , maximum weight
, invalidity, old age & survivors benefits , Medical care and sickness Benefits etc.
In this way this decade showed its main concern with the social security.

6. 1970 to 1979 :
About 23 convention and recommendation 27 were adopted by the ILO,
during the period of 1970 to 1979. Minimum wage fixing convention was adopted
in 1970 . Other important conventions were related to the prevention of Accidents
, Benzene dangers , Duck work , Paid Educational leave , Annual leave with pay ,
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protection of workers against occupational Hazards , and Labour Administration,
etc.

7. 1980 to onward :
Up to 1989, the ILO has adopted about 15 conventions. Most of them
relaters to Social security. In 1981 Collective Bargaining convention was adopted.
In the above lines we can expressly observe that during last 70 years the ILO has
continuously worked hard to provide a good, secured, dignified & happy life to the
world’s working class. It has provided security and dignity as a matter right to the
working class of the globe.

8.3 INTERNATIONAL LABOUR CODE AND INDIA

The International labour Code or the conventions and recommendations

adopted by the ILO has greatly influenced the Indian labour scene also. India has
adopted about 35 conventions. These conventions are related to basic human rights,
Employment of women, Employment of Children and young persons and social
security. The International labour code has provided major guideline to our country
while legislating labour laws like Maternity Benefits act, 1961 , Bidi & cigars
workers act , 1966, Factories Act, 1948, Equal Remuneration Act , 1976,
workmen’s compensation Act,1923, the ESI Act , 1948, The Employees Provident
Fund Act, 1952, and the Payment of Gratuity Act, 1972. The code is also enshrined
in our constitution .In the Directive principles of state Policy, Articles 39,41,42,and
43, lays down the policy in the field of labour which a shows a close impression of
International labour code on these legislations.

8.4 IMPORTANCE :

The International labour code comprises of the standards to set goals for all
member states to adopt as far as possible a common policy regarding labour.
Although the term ‘International labour legislation’ is not legislation like national
legislation but definitely it is expressed that the conventions and recommendation
provided by the ILO has shaped the national legislations of the world. The
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International labour code has provided a logical raw material to the member states
for shaping their labour legislation. The code has definitely provided a common
stage or front to the working class of the world. The international labour code has
provided provision for better working conditions, social security, social justice,
better living and better labour organization. It embodies the Instruments dealing
with questions such as hours of work, minimum wages, equal pay for equal work,
abolition of forced labour, labour management relation, and so many other
important problems, the bulk of these instruments has proved to be a guide and
model foe stimulating social and industrial reforms for the up liftmen of working
conditions of the laborers.

8.5 SUMMARY :

In this unit we have discussed have the meaning, nature, scope, importance
and the development of the International labour code. The term International labour
code is used collectively for conventions and recommendations adopted by the
ILO. The development of these conventions & recommendation has also been
discussed systematically. We have observed that during its last seventy years life
the ILO has provided and dignity as a matter of right to the working class of the
world.

We have also discussed the impact of the international labour code on

Indian Labour Laws. In the last we have discussed the importance of the code. We
have discussed that how and up to what extent the International labour cord has
provided shape to the national labour legislations. We can conclude that this code
has provided a set of uniform standards to the world’s working class. The code’s
main purpose is to promote social progress and to establish democratic and
dynamic social order necessary for ever lasting peace. To conclude we can safely
say that the International labour code represent world’s view on labour problems
and social justice in consolidated form to make the life of the laborers class on this
earth happy . It has provided them social justice, security, prosperity, democratic
values and good working conditions as a matter of legal right.

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8.6 SELF ASSESSMENT TEST

Answer the following questions in brief so that you may know how much you
have understood the subjects discussed in this unit :
1. Discuss the meaning of the term “International labour code.’’
2. Describe the nature and the scope of the International labour code.
3. Give a brief comment over the development of the International labour code.
4. Write a note on the importance of international labour code.

8.7 KEY –WORDS :

INTERNATIONAL LABOUR CODE: it includes the convention and

recommendations adopted by the International labour conference.

INTERNATIONAL LABOUR CONFERENCE: It is the supreme body of ILO.

In this conference the representatives of government, employees and workers of the
world meet for considering, discussing and recommending new international
legislative programs on labour matters.
CONVENTION: It is an obligation by ILO – creating instrument.
RECOMMENDATION: It is guidance by ILO-providing instrument.

8.8 FURTHER READING :

S.N. Dhyani - International Labour Organization and India in pursuit of

Social justice.
R.C. SAXENA Labour problem and Social Welfare.
B.D. RAWAT - India in ILO.DECLARATION OF PHILADELFIA 1944.
INDIAN LABOUR JOURNAL

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 UNIT- 9
International Labour Organization -
(SANDARD SETTING)
Objectives :
After having studied this unit you should be able to
 Identify the origin and aims of I.L.O.
 Understand the formation and structure of I.L.O.
 Identify the I.L.O. Conventions, Recommendations.
 Understand the procedure for ratification of conventions and difficulties in
ratification.

Structure :
8.1 Introduction
8.2 Aims and Objects of I.L.O.
8.3 Formation of I.L.O.
8.4 Standard Setting.
8.5 Conventions and Recommendations.
8.6 Procedure for Ratification of Conventions.
8.7 System of Enforcement and Difficulties in Ratification of Conventions.
8.8 Summary
8.9 Self- Assessment Test.
8.10 Key Words
Further Readings
9.1 INTRODUCTION

The International Labour Organization, popularly known as I.L.O. was set

up in 1919 as a part of League of Nations for the promotion of universal peace
through social justice. The I.L.O. was the only international organization that
survived the Second World War even after the dissolution of its parent body The

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League of Nations. It became the first specialized agency of the United Nations in
1946 in accordance with an entered into between the two Organizations.

9.2 AIMS AND OBJECTS

The basic aim of the I.L.O. is to advance the cause of social justice through
the abolition of Condition of labour involving injustice, hardship and privation .It is
through this basic aim that the I.L.O was expected to supplement the efforts of the
League of Nations in the establishment of universal and lasting peace.

The Preamble of the Constitution of the I.L.O affirms that universal and
lasting peace can be established only if it is based upon social justice, refers to
existing conditions of labour involving, injustice, hardship and privation on large
numbers of people producing unrest so great that peace and harmony of the world
are imperiled and declared that improvement of these conditions is urgently
required by means such as:

The regulation of the hours of work including the establishment of a maximum

working days, and weeks.

- The prevention of unemployment.

- The provision of an adequate living wage.
- The protection of the worker against sickness, disease and injury arising out of
his employment.
- The protection of children, young persons and women.
- Provision for old age and injury.
- Recognition of the principle of equal remuneration for work of equal value.
- Recognition of the principle of freedom of association.
- The organization of vocational and technical education.

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 The preamble further states that the failure of any nations to adopt humane
conditions of labour is an obstacle in the way of other nations which desire to
improve the conditions in their own countries.

The Objectives of the I.L.O received set –back with the outbreak of the
Second World War. Its activities remaining almost suspended the social for about
five years .There was however a deep conviction the social justice was the only
enduring foundation for peace, therefore, even when War had not come to a close,
a special and a significant session of the I.L.O General Conference was held at
Philadelphia (U.S.A) in June 1944 to consider the programs and policies of the
Organization to the perused by it when peace came .The aims and objectives of the
I.L.O were redefined at this Session and made the part of the I.L.O Constitution.

The Declaration reaffirmed the fundamental principles on which the

organization was based, and declared that:

(a) Labour is not a commodity,

(b) Freedom of expression and of association is essential to sustained progress.
(c) Poverty anywhere constitutes a danger to prosperity everywhere.
(d) The war against want requires to be carried on with unrelenting vigor
within each nation and by continuous and concerted international efforts in which
the representatives of workers and employers enjoying equal status with those of
Governments join with them in free discussion and democratic decision for the
promotion of common welfare .It also asserts the primacy of the social objective in
international policy i.e. the attainment of condition in which all human beings
irrespective both their material well being and their spiritual development in
conditions of freedom and dignity, of economic security and equal opportunity.

It recognizes its role to further, among the nations of the World, programs
which will achieve:
(a) Full employment and the raising of standards of living
(b) The employment o workers in the occupations in which they can have
the Satisfaction of giving the fullest measure of their skill and

132
 attainment and make their greatest contribution to the common well-
being.
(c) Provision of facilities for training and the transfer of labour, including
migration for employment and settlement.
(d) Policies with wages and earnings, hours and other conditions of work
calculated a just share of the fruit of progress to all, and a minimum
living wages to all employed and in need of such protection.
(e) The effective recognition of the right of collective bargaining the co-
operation of management and labour in the continuous improvement of
productive efficiency and the collaboration of workers and employers in
the preparation and application of social and economic measures .
(f) Extension of social security measures to provide a basic income to all in
need of such protection and comprehensive medical care.
(g) Adequate protection for the life and health of workers in all occupation.
(h) Provision for child welfare and maternity protection ,
(i) Provision of adequate nutrition, housing facilities for recreation and
culture.
(j) The assurance of equality of educational and vocational opportunity.

9.3 FORMATION OF I.L.O

The I.L.O is a non-political and economically non-partisan agency. Only a

state can be its member and under its Constitution, the representatives of the State
can be its member Representatives of the State includes employers’ and
employee’s delegates too. If any new State wants admission as member of the
I.L.O .It is necessary to set “ a vote concurred in by two third of the delegates
attending the session, including two-third of the government delegates present and
voting.

The I.L.O considers of three principle organs, viz .the International Labour
Conference, the Governing Body, and the International Labour Office. The
distinctive feature of the I.L.O as compared with other international agencies is its
tripartite nature.

133
 The General Conference, the Regional Conference, the Governing Body,
the Industrial Committees and other bodies are attended by representatives of
governments, employers and workers.

THE INTERNATIONAL LABOUR CONFERENCE:

The International Labour Conference is the Supreme deliberative body of
the I.L.O and acts as the legislative wing of the Organization. The International
Labour Conference elect the Governing Body and adopts international labour
standards in the form of Conventions and Recommendations collectively known as
the International Labour Code and provides a forum for discussion on social and
labour question.

THE GOVERING BODY:

The Governing Body functions as the executive wing of the Organization
.The governing Body appoints Director General and prepares the agenda for the
conference .It consists of 56 members 28 representing Governments , 14
employers and 14 workers.

THE INTERNATIONAL LABOUR OFFICE:

The International Labour Office, whose headquarters are located in Geneva,
provides the Secretariat for all conferences and other meetings and is responsible
for the day-to-day implementation of the administrative and other decisions of the
Conference the Governing Body etc. It is a research body, a publishing house and a
clearing house office is assisted by branch offices, regional offices, area offices,
country representatives and national correspondent’s parts of the world.

The Chief executive officer of the Organization is the Director –General, who
is appointed by the Governing Body and is subject to its control.

9.4 STANDING SETTING

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 International labour legislation is one of the major weapons available to the
I.L.O in the performance of its duties. It consists of vest body of minimum
standards to be observed in all manifold domains within the I.L.O range of action.
It is popularly known as “standard Setting” body.

The formation and adoption of labour standards is one of the major

activities of the International Labour Conference. These Standards are designed in
the form of Conventions and Recommendations and are also known as the
“International Labour Code”. The standards formed by the Conference set goals for
all member countries to adopt, as far as possible a common policy regarding
labour.

The International Labour Conference is not a legislative body; hence the

standards set by this from are not binding on members States. In this sense the
Standards are not legislation like national legislation enacted by the Parliament of
any Country.

ASSEMBLE OF STANDARDS
As mentioned earlier the assemble age of standards on various subjects is
collectively known as ‘International Labour Code’. UP to June 1983 the code
comprised of 159 Conventions and 168 Recommendations. These standards cover
almost all important labour questions and problem.

The total number of ratifications registered since the creation of the I.L.O
has now passed the 4000 mark. The I.L.O. drafts these international standards in
such a way as to make them sufficiently flexible so that the needs of countries
widely divergent in their social structure and degree of industrial development
could be met. The IL Conference while framing these standards keep in mind such
factors as climatic conditions, imperfect development of industrial organizations
and other special circumstances .A degree of flexibility in the International Labour
Standards is necessary to meet these requirements .In some of the Conventions ,
lower standards have been prescribed for certain less developed countries.

135
 The Standards cover a wide variety of subjects such as hour of work, rest
and holidays with pay, minimum age for admission in employment, safety and
hygiene, labour inspection, vocational guidance and training, social security and
protection, protection of wages and such basic human rights as freedom of
association, abolition of forced labour and the elimination of discrimination in
employment and occupation. The standards also provides for special categories of
workers such as women and young persons, agriculture workers, migrant workers,
seafarers and fishermen and indigenous and tribal populations.

The development of the I.L.O Standard starts from the year 1919. It would
be therefore, worthwhile to make an appraisal of the progress and growth of ILO
standard setting .Here this activity is divided in two periods.

(I) STANDARDS ADOPTED UPTO SECOND WORLD WAR :-

During this period, ILO adopted 67 Conventions and 67 Recommendations
.Most of the Standards took place in this period were related to the working
conditions. In its first Session in 1919 at Washington, the first Conventions adopted
in the same year dealt with unemployment, women working in night shift, young
person’s working in night shift, minimum age for employment and the employment
of women before and after confinement in working places. In its second Session
ILO adopted three Conventions dealing with maritime employment minimum age
for employment in ships , unemployment indemnity in the event of ship-wreck and
of placing of seamen. In 1921 the General Conference adopted seven Conventions
which death with weekly rest in industry, medical checkup of youngsters,
minimum age of employment workmen’s compensation , right of association ,
employment of youth at sea and the use of while lead in painting. After1925 the
pace of adopting new Conventions accelerated .During this very year four
important Conventions were adopted by the conference viz. workmen’s
compensation for accidents, social insurance for occupational diseases and
Conventions concerning industrial safety .One other important Convection related
with minimum wage fixing machinery was adopted in 1930.

During the period of 1930 to 1935 the Conference adopted the Conventions
concerning forced labour, old age invalidity and survivors’ insurance in agriculture
136
and industry. One other outstanding and progressive convention came into force
was paid holidays in the year 1936 .Other than the above important Conventions
some other Conventions adopted by the Conference were concerned with
employment at sea, recruitment, employment contracts etc.

The Conference also adopted various important Recommendations , a few

of them were concerning inspection of health Services , inland navigation,
workmen’s compensation, night work of women and children in agriculture ,
prevention of industrial accidents, unemployment etc.

(ii) STANDRADS ADOPTED AFTER SECOND WORLD WAR:-

1944 Philadelphia Conference Declaration, the ILO standards adopted were
very much concerned of with the improvement in working conditions, safety and
health of the workers. The standards were also concerned with freedom of
association of workers and right to collective bargaining.

Up to 1950,the Conference adopted and revised more than 30 Conventions

on important Subjects like working hours, holidays with pay, wages, rest social
security, safety, right and freedom of association, employment service, right to
Collective bargaining, labour inspection etc. During the period from 1950 to 1960
the conference adopted some important Standards like equal pay for equal work,
maternity protection, weekly rest for commerce and offices, abolition of forced
labour, hours of work, medical check-up, protection from rendition etc.

After 1960’s the ILO adopted Several other important Standard concerning
Social policy, equality of treatment , guarding of machinery , hygiene in commerce
and offices, employment injury benefits, medical care and sickness benefits,
protection against hazards of poisoning arising from benzene, protection and
facilities to workers representatives in the undertakings, protection of freedom of
association at shop floor level. Thus, the Standards of ILO that took place in the
shape of Conventions and Recommendations show an international view of giving
better living and human dignity to the unprivileged class.

137
 9.5 CONVENTIONS AND RECOMMENDATIONS

The IL Conference is the law making body of the ILO. The proposals of the
IL Conference may take the form either of a Convention or of a Recommendation.

A Convention is a treaty or agreement which is ratified and Creates binding

international obligations to the country concerned. Conventions are agreements
designed for ratification which are binding on the States that have ratified them.
When a State ratified the convention, it undertakes that its legislation and national
practice will be brought into line with the Standards laid down in the Conventions
concerned.

A Recommendation is not binding in the same sense as Conventions. Its

clauses merely give guidance for action in some particular field. It frequently
expands or complements a Convention.

An ungratified Convention is rather similar, in effect, to a Recommendation

without being binding, its clauses serve as a guide for action. When all these
clauses have progressively been put into effect, the Conventions can be ratified.

Apart from the Standards laid down in Conventions and Recommendations,

there are a series of resolutions, conclusions or model codes adopted either by the
Conference or by technical meetings , such as meetings of Industrial and analogous
Committees or experts. These Standards are more technical in nature and more
elastic .Nevertheless. They are of the greatest value to specialists in social
legislation and practice.

9.6 PROCEDURE FOR RATIFICATION OF

CONVENTIONS

One of the primary functions of the IL Conference is to formulate

international standard in the Conventions and Recommendations .The Conclusions
of the Conference reached by the delegates do not automatically bind the States
138
.Under the ILO Constitution, member States are required to bring the Conventions
before the competent national, state or provincial authorities within a maximum
period of 13 months of their adoption by the Conference for such action as might
be considered practicable. Information regarding the action proposed to be taken on
them has to be communicated to the ILO. On ratification, Convention becomes
binding international instruments. Member States ratifying a convention have to
give effect to its individual provisions through legislation or otherwise. A
Convention has to be ratified in to or not at all.

If a Convention is not ratified, each government has to give reasons for non-
ratification.
‘
Compliance with ratified Conventions is supervised by a Committee of
independent experts drawn from all parts of the world and by a tripartite
Committee of the IL Conference.

In addition, the Governing Body annually requests member Starts to report

on the state of their law and practice in the field dealt with certain non-ratified
Conventions and by certain Recommendations specially chosen for consideration.

Copies of reports sent to the ILO must be transmitted to the representative

occupational organizations in the country concerned. These organizational can thus
submit their comments or take action to promote a fuller application of the
standards in their countries.

9.7 SYSTEM OF ENFORCEMENT AND DIFFICULTIES IN

RATIFICATION

The Government in various courtiers bears the whole responsibility of

enforcing the provision of Conventions. For this purpose governments make
adequate arrangements in national legislation particular in labour legislation .Some
of the Conventions are to be enforced by a tripartite body that involves the
government, the employers and the employees. A few matters are to be settled

139
through collective agreements. Following are the main mechanisms of enforcement
of Conventions.

(i) SUBMISSION OF ANNUAL REPORTS :

According to Article 212 of the ILO Constitution, “Each of the Members
agrees to make an annual report to the IL office on the measures which it has taken
to give effect to the provisions of the Conventions to which it is a party”. The same
Article further provisions provide “that annual reports shall be made in such form
and shall contain such particulars as the Governing Body may request”. The system
of submission of annual reports gives the Organization an effective method of
enforcement of Convention.

(ii) PROVISION OF ESTABLISHMENT OF COMMISSION OF

INQUIRY:
Any member State of the ILO has a right to file complaint against other
member State not enforcing provisions of any Convention effectively. The
Governing body of the ILO may communicate the complaint to the government in
question .The Body then refers the complaint to a Commission of Inquiry. The
Commission prepares its report on all Questions referred to it and also gives
recommendations to meet the Complaint property. The report of the Commission is
then communicated to the Governing Body and the Concerned State. It also
published for general information.

(iii) INTERNATIONAL COURT OF JUSTICE :

It the government concerned with complaint does not accept the
recommendations of the Commission of Inquiry , is may refer the matter to the
International Court of Justice .The Judgment ILO Constitution gives authority to
the International Court of Justice to affirm, very or reverse any of the
recommendations of the Commission of Inquiry . The IL Conference has adequate
powers to take action for compliance of the recommendations of the Court.

(iv) MACHINERY FOR FREEDOM OF ASSOCIATION :

To protect the right of freedom of association, separate machinery was set
up by ILO in 1950. The machinery comprises of two separate bodies.
140
1. The Committee on Freedom of Association and
2. The Fact finding and (Conciliation) Commission on Freedom of
Association.
The above Committee and Commission examine Complaints which may be
lodged either by governments or by workers or employers’ organization.
The above mentioned procedure helped the ILO in effective enforcement of its
standards and in influencing the behavior of member governments.

DIFFICULTIES IN RATIFICATION: The ILO Conventions may not be ratified

by its member States for various reasons which are as follow:

(i) LACK OF FLEXIBILITY IN COMPLIANCE: According to the ILO

Constitution a ratification of a Convention requires total compliance with all its
provisions. Therefore a Convention can be formally ratified only if the law and
practice in a Country Conform cent per cent to the requirements of its provisions
.This may not always be possible and the inability to ratify a Convention in all its
details may often be due to difficulties of a technical or administrative nature.

(ii) LACK OF DIRECT CONCERN: The subjects covered through

Conventions by the ILO are as varied as the problems with which they are designed
to deal. These standards include matters which are of no direct concern to a
country, for example, Maritime Conventions, over 2 dozen in number, interest only
nations possessing a merchant navy or similarly Conventions for the protection of
indigenous and tribal populations, concern only such States who’s such population
exists.

(iii) DUPLICACY OF CONVENTIONS : In some cases more than one

instrument exists on a specific subject which means following the revision of a
conventions either to raise its standard, such as the minimum age for entry to
employment, or to adopt its terms to the more recent techniques of arranging
industrial shifts which have a bearing on night work of women or young persons
.So far 29 IL Conventions have been revised.

141
(iv) CONVENTIONS NOT MATCHING WITH ECONOMIC
REALITIES: Some of Conventions adopted by the ILO do not suit the economy
and the prevailing conditions exiting in various member courtiers .For example, a
set of 10 conventions (No’s 10,12,25,36,38,40, 101,112,113,and 114) relates to
minimum age paid holidays , workmen’s compensation and social security all
relating to agriculture and minimum age and medical examination of fisherman
.The provisions of these conventions are generally far remote from the realities of
the economic situation in India.

In the light of above difficulties the Government of India have attached

more importance to implementation of the basic provisions of a Conventions
rather than its formal ratification .One can very well assess the impact of ILO
standards on our labour legislations but sometimes formal acceptance of
Conventions creates Constitutional difficulties.

So far as India is concerned only 61 conventions out of 128 are related to

our situations .Out of them 51 Conventions are not practically applicable in present
circumstances. Labour is a Concurrent Subject in our Country and approval of
State Governments is a must to accept a Convention in a formal way. It is for this
reason that some important conventions are being implemented in spirit only and
formal ratification has not been made.

9.8 SUMMARY

The ILO did a lot to improve working and living conditions of people
throughout the world .It has shown itself to be an efficient tool in the service of
social justice in all parts of the World.

The foregoing description of various facets of ILO clears aims and Objects,
formation, and Conventions and Recommendations adopted by this world body. In
this Unit we have discussed procedure for ratification of Conventions .The System
of enforcement of Conventions has also been discussed under four heads. Lastly, It
express that absence of flexible approach , lack of direct concern of conventions to

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certain member Countries, duplicity of Conventions and unmatched economic
conditions with standard adopted are the main difficulties in ratification of several
ILO Conventions.

9.10 SELF –ASSESSEMENT TEST

1. What are the aims and objects of ILO?

2. Why do labour standards need international support? Do you consider that
these standards infringe the sovereignty of a State?
3. Discuss the general application procedure of an ILO Convention. What do you
think of the supervisory machinery?
4. Do you think that Conventions specially adapted to regional conditions would
be more effective than instruments of World-Wide application? What would
you consider to be the advantages and disadvantages of such a system?
5. How many International Labour Conventions have been ratified by India?
Mention some which are the most important.

9.11 KEY WORDS

COLLECTIVE BARGANING: A procedure by which the terms and
condition of employment of workers are regulated by agreements between their
bargaining agents and employers.

COMPLIANCE: The wiling acceptance of the rules and norms of the

Organizations by the members.

CONVENTION: Obligation creating instrument of ILO, if ratified by the

government, becomes binding.

RECOMMENDATION: Guidance providing instrument may be

implemented in parts and to the extent possible.

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8.11 FURTHER READINGS

 Dhyani, S.N. 1977, International Labour Organization and India, National

Publishing House, New Delhi.
 I.L.O., 1970. Constitution of the I.L.O.: Geneva.
 I.L.O ., 1968 .International Labour Standards : Geneva.
 Lowe, B.E. 1935 .International Protection of Labour: New York.
 Vaidyanathan , N. 1975 . I.L.O Conventions and India, Minerva Associates:
Calcutta.

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 UNIT- 10
ILO-Regional Conference
(MEANING, NATURE AND ASIAN REGIONAL
CONFERENCE)

Objectives :-
After having studied this unit you should be able to.
 Know the basic objectives and the principles of ILO and their nexus with
the establishment of Regional Conference.
 Understand the involvement of Regional Conference in achieving the
Objectives of the ILO.
 Know India’s association with the Regional Conference and the resultant
effects.

Structure :
10.1 Introduction
10.2 Aims, Objectives and the Principles of ILO and their nexus with the
Regional Conference.
10.3. Meaning, Nature and Scope of Regional Conferences.
10.4. Regional Conferences-American, European and African – A brief
discussion.
10.5 India and Regional Conferences- an objectives perspective
10.6 . Summary
10.7. Self- Assessment Test.

10.1 INTRODUCTION

This unit has been prepared to acquaint you with multi-furious dimensions
of the Regional Conference of ILO .Before we take up the study of Regional
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Conference, It imperative to know the very aims and the Principles of the ILO
because the purpose of establishing organizing Regional Conference is to achieve
these objectives.

Holding of Regional conference is the important activity of the ILO .The

Constitution of the ILO employers it to convene such regional conference and
establish such regional agencies /offices as may be desirable to promote the aims
and purposes of the ILO .The ILO has, therefore , set up regional conference and
committee which greatly differ in their composition and functioning .The main
objective of establishing regional conference is to induce and expand the ILO’s
operational work at the base level so that ILO could help the member countries to
come to grip with labour and social problems in their respective regions. Another
purpose of Regional conference is to enable the ILO to find out more about the
preoccupations and problems of the people of different regions of the world and to
enhance its capacity to deal with them directly and in practical form. The regional
conferences further widen the contacts of the ILO with the countries it is serving
and thus bring it closer to the realities of the present day social life.

As the structure of this unit indicates it is intended here to briefly discuss

the aims, Objectives and the principles of the ILO particularly in reference to the
nature, scope and significance of the Regional Conferences. Besides a brief study
of the functioning of the American, European and African Regional Conferences
has also been put forward so as to enable the students of labour law to have the
universal overview of the Regional Conferences. A detailed study of the Asian
Regional Conferences is given here under with wider perspective .Similarly a
critical assessment encompassing the problems and prospects of the Regional
Conference finds its due place in this unit. The study also covers Indian aspects of
the Regional Conference and finally the unit ends with the concluding remarks.

10.2 AIMS, OBJECTIVES AND THE PRINCIPLES OF ILO

AND
THEIR NEXUS WITH THE REGIONAL CONFERENCES

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 The Philadelphia Conference convened by the ILO on April 20, 1944 was an
indication of a new era in the history of the ILO. The Philadelphia Declaration of
1944 was accepted and incorporated in the ILO’s Constitution. As per Article –I of
ILO Constitution the four principles were reaffirmed, they are as follows:

a. Labour is not a commodity.

b. Freedoms of expression and of association are essential to sustained
progress.
c. Poverty anywhere constitutes a danger to prosperity everywhere.
d. The War against want requires to be carried in with unrelenting vigor within
each nation and by continuous international efforts.

An per Article –II of Philadelphia Declaration, the main aim of the ILO was
the attainment of social justice .In accordance with the declaration, social justice,
means that All human beings, irrespective of race, creed of sex, have the right to
purpose both their material well being and their spiritual development in conditions
of freedom and dignity of economic security and equal opportunity.

Besides the aforesaid principles and the main aims of the ILO, Article IV of
the Declaration provides for 10 specific objectives which the ILO, with all its
constituent bodies including Regional Conferences, should further and promote in
every part of the world community .The specific objectives are:

1. Full employment and raising of standards of giving ;

2. Employment of workers in the occupations of their choice and satisfaction.
3. Facilities for training and transfer of labour including migration for
employment and settlement.
4. To ensure just share of the fruits of progress to all workers and a minimum
living wage.
5. The effective recognition of the right to collective bargaining.
6. Adequate protection for the life and health of workers.
7. Provision for child welfare and maternity protection.
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8. The provision for adequate nutrition , housing and facilities for recreation
and culture
9. Provide Equality in educational and vocational opportunity.

The ILO pledges full co- operation and assistance –financial and otherwise
to other international bodies and regional conferences which share the
responsibility of pursuing the above goals. The Regional conferences should ,
therefore , follow the main guidelines as enshrined in the principles , aims and
objectives of the ILO while discharging their functions, translating the basic ILO
policies in action and transmitting the fruits of the ILO to the world community.

10.3 MEANING, NATURE AND SCOPE OF REGIONAL

CONFERENCE.

The ILO constitution provides for convening such regional conferences and
establish such regional agencies as may be desirable to translate into action the
aims and objectives of the ILO. The ILO has , therefore , established various
regional conferences. They, however, differ in their composition and functioning
.The purpose of establishing regional conferences is to expand the ILO functioning
at the base level so as to help the member countries. The regional conferences
recently have taken the following forms. General conferences of regional
composition, regional technical meetings and seminars, technical assistance and
advisory mission within the countries of each of the regions and co- operation with
other international organizations active in the region and field office operation .The
activities of regional conferences help ILO to investigate and assess the problems
of the people of different regions. They also help ILO in enhancing its capacity to
solve the problems of the world community directly in more practical terms. The
Regional Conferences also widen the horizons and a relation of the ILO with
countries it is serving .The ILO therefore, comes closer with the realities of human
life.

The first Regional conference as assembled in Santiago, Chile , for

American continent .The Conference was attended by 19 member countries of the
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Western Hemisphere .It was successfully convened as the foundation for future
regional conferences both for American and other parts of the world laid in this
regional conference. We find to-day that Regional Conferences have become a
regular feature of ILO activities.
To-day, Regional Conference has been set up for America, Europe, Asia,
Africa and the Middle-East. As regards composition of the Regional Conferences,
it is the same as that of the international Labour Conference i.e. each country sends
four delegated two governments, one employer and on workers’ delegates. At the
close of the Conference, conclusions are drawn out and they form part of the
resolutions. In fact, the resolutions are the outcome of the agreements between the
governments, employers and the workers of the countries concerned .These also
serve the purpose of the future ILO policy formulations in the form of conventions
and Recommendations.

10.4 REGIONAL CONFERENEC: AMERICAN,

EUROPEAN AND AFRICAN – A BRIEF
DISCUSSION.

As have been indicated above, Regional Conferences have been set up for
American, European, Asian, African and the Middle –East Countries. These
Regional Conferences have discussed at length the issue pertaining to vocational
training, labour working conditions, standards, wage policy, labour welfare, social
security measures, handicraft, co- operation, industrial relations etc. European and
American Regional conferences have gone a step forward in dealing with the
questions of productivity manpower planning and migration of workers and the
role of employers and workers on all these vital issues .The problem of economic
co- agriculture in Latin in American countries have also been discussed and dealt
with. The first ILO European Regional Conference was held in Geneva in 1955 and
the second one in 1970.

In 1960, the first Regional Conference for African countries was convened
in Lagos in Nigeria and the Second African Regional Conference was held in
Addis Ababa in December, 1964. Approximately, 35 African countries participated
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in these conferences. Besides, observers appointed by the ILO form India, U.S.A.
and European countries also witnesses the deliberations of African Regional
Conferences. Problems concerning employment and working conditions of
working women in African countries were discussed and several resolutions were
adopted .The resolutions, inter alia recommended for immediate actions to
ameliorate and advanced the social and economic conditions of women in African
counties .Emphasis was laid on the training and employment of women in African
countries. Resolutions also recommended for effective measures to protect the
health and welfare of working women particularly during maternity period and to
grant equality of opportunity in employment. Similar resolutions were passes on to
the ILO declaring that the purpose of the wage policy should be to raise wage
levels providing for decent standard of living .According, wage policy should
provide closer links with wage structure and productivity, promotion and
development of free collective bargaining.

10.5ASIAN REGIONAL CONFERENCE-A DETAILED

STUDY.
Although efforts were made to induce the ILO to conference Asian
Regional Conference as early as 1927-28 by Japan and in 1930 by India, but it was
only in 1944 that in the 26th Session of the International Labour Conference at
Philadelphia , a Resolution was passed recommending that an Asian Regional
Conference should be convened as early as possible. An invitation was offered by
the Government of India to ILO to convene the first session of the Asian Regional
Conference in India .Invitation was gladly accepted by the ILO and a Preparatory
Asian Regional Conference was held at New Delhi from 27th October to 8th
November, 1947 .A detailed account of this Conference has been given in the
Section ‘India and Regional Conference’.

Since its first session, the Asian Regional conference has become a
countries feature and ILO started concentrating on Asian problems. The Governing
Body of the ILO also established an Asian Advisory Committee, having its
tripartite character to advise the ILO on Asian labour problems .The first meeting

150
of the Asian Advisory Committee was held on 24th June, 1950 in Geneva .Since
then about 18 sessions of the Asian Advisory Committee have taken place.

The Second Regional Conference was convened at Nuwara Eliya in Ceylon

in January, 1950 .India actively participated in this Conference. The Conference
adopted 16 Resolutions on various aspects of the labour, all relating to
intensification of Asian work of the ILO i.e. .Asian representation on the
Governing Body , technical assistance , co- operative movement, labour welfare,
vocational and technical training , agricultural workers and their wages, manpower
planning and organization Asian Seafarers etc.
The Third Asian Regional Conference was convened in Tokyo, Japan in
September, 1953 .The Conference was attended by more than 60 Government,
employers’ and employees’ delegates. Having considered the report of the Director
General of the ILO the Conference adopted resolutions mainly on the following
items:
i. Wage policy in Asian countries.
ii. Workers housing problems and
iii. The protection of youth workers in Asian countries.
iv. Review of maritime laws from the point of view of the ILO conventions and
recommendations to recognize the representative organizations of ship-
owners etc.
The ILO convened the Fourth Session of the Asian Regional Conference in
New Delhi in November, 1957. Pandit Jawahar Lal Nehru inaugurated the session
and it was preside red over by Shri G.L. Nanda, the then Union Labour and
Planning Minister Pt. Nehru emphasized on the workers co- operation with
management.
The Fifth Asian Regional Conference of the ILO was convened at
Melbourne from 26th November, 1962 to 7th December, 1962. This Session of the
Asian Regional Conference adopted the following Resolutions:
i. Employment promotion to avoid waste of manpower resources and to bring
about full utilization of human resources for economic development.
ii. Vocational training and management development and

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iii. Government services for the improvement of labour management relations
and settlement of disputes.

The Resolutions were popularly known as Melbourne Resolutions.

Approximately about 19 Member states attended the Conference .India withdrew
its delegated due to the proclamation of National Emergency on account of
Chinese aggression over India in 1962. The Conference was, however attended by
an observer.

The Sixth Asian Regional Conference of the ILO was convened in Tokyo
(Japan) from September 2, to 13, 1968. The conference was attended by the Indian
Delegated of tripartite character headed by the Union Labour Minister. The
deliberations of the Sixth Conference mainly relates with the formulation and
adoption of an Asian Manpower Plan for concerned and effectives action by
countries of the Asian region to attain the highest possible level of productive
employment .The Conference also resolved that the financial support could be
taken from the United Nations Development Programme for the said purpose
besides this Conference also adopted Resolutions relating to Social Security
Development in Asia, Management Development with reference to Personal
policies and practices, and Freedom of Association in Asia.

The Seventh Asian Regional Conference was convened in Tehran (Iron)

from December 4 to 15, 1971 in which some 26 countries participated. Due to
Indo-Pakistan War in 1971, full delegation could not be sent to Tehran. The
Conference adopted the following Resolutions:

i. The Asian Manpower Plan put emphasis on regional co- operation among
the countries of Asia. The Development countries were argued upon to
orient their policies of economic aid and trade so as to promote the
expansion of employment in the countries of Asia. It was also required that
the ILO technical co- operation should be re-oriented towards employment
– oriented development strategy.

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ii. The Governments, of Asian countries should remove restrictions on the free
exercise of the freedom of association and collective bargaining where it did
not already exit.
iii. The position of Asian Countries with regard to the ratification and
application of Conventions is capable of substantial improvement and,
therefore, frequent periodic reviews of the possibilities of further ratification
and implementation of Conventions should be made.
iv. The Conference also adopted two resolutions concerning promotion of rural
workers and peasants’ organizations and concerning the tripartite character
of the ILO.
The Seventh Asian Regional Conference envisaged the urgently of greater
participation by workers and employers in development programs. The
Conference was very much concerned about the need of full observance of the
Convention No. 87 on ‘Freedom of Association’ and Convention No.98 on
Collective Bargaining to ensure stronger organizations of workers and employers
to implement development programs. The Conference considered it essential that
emphasis should be laid on workers education and training programs on workers
participation schemes and on strengthening of Labour Ministries for realizing the
objectives of social justice and equitable distribution of income.

The Eighth Asian Regional Conference of the ILO was convened in

Colombo from 30th September to 9 the October, 1975.the Government of India
sent a tripartite delegated led by Shri K.V. Raghunatha Reddy, the Union Minister
of labour . The resolutions adopted were concerned with. (i) Human resources
development in rural areas in Asia and the role of rural institutions, and (ii)
Strengthening of labour administration in Asia and it role in national development
with active participation of employers’ and workers organizations.

Regional Committee:
Besides Regional Conference, Meetings of experts at regional levels were
also organized. Meeting of experts of labour inspection was organized in Ceylon in
1948. Similarly, a meeting on manpower problems at Bangkok, Thailand in 1951
and another meeting on problems of young workers in Ceylon in 1952 were also

153
organized under the auspices of the ILO. Besides; the following meetings have also
been organized in different countries of Asian region:

i. Meetings of experts on training within industry in India.

ii. Vocational training in 1955 in Burma.
iii. Supervisory training in 1957 in Singapore.
iv. Vocational guidance in 1958 in New Delhi.
v. Training courses on co- operation for Asian Nationals have been held in
Copenhagen in 1952 labour in 1953 and 1954. In Bandung in 1955 Mysore
in 1957.

The ILO is engaged presently in concentrating on specific problems of

Asian countries e.g. manpower assessment-Especially rural manpower employment
policies, manpower organization services including special youth programs etc.
Similarly, improvement of living and working conditions of rural workers is
engaging the concentration of ILO in Asian regional countries. Likewise ILO is
assuming greater responsibility for the management of field operation in Asian
countries through the ILO Regional Office in Bangkok, Thus all the aforesaid
activities of the ILO are being launched through Asian Regional Conference
Advisory Committees and Branch offices of the ILO.

Significance of Regional Conference

The significance of the regional Conference lies in the very fact that holding
of such conference is very essential if regional requirements and necessities are not
to be neglected .Take for example Asian Regional Conference. The Labour force in
Asian countries has obtained some characteristic features which can never be
traced in industrially advanced countries of the West. There was a general feeling
among Asian countries that their social and economic problems do not receive
adequate attention at the sessions of the General Conference of the ILO , as it was
influenced by the Western background .The Asian regional Conference would
remove this discrimination . Some Asian countries including India are marching
forward on the path of progress and feel that they should take greater active part in
such conferences and should not be more passive onlooker. As Pandit Nehru
pointed out in the Asian Regional Conference held in New Delhi in 1957 basic
154
problem of Asian countries involves transformation of medieval feudal-
agricultural economy into a modern scientific agricultural and industrial economy”.
These problems were not taken up by the ILO. Therefore, a new chapter was
introduced for holding Regional Conferences will remove these defects in times to
come. Similarly, greater attention is being given by the ILO towards labour
problems in African and Latin American countries.

In any eventuality, the Regional Labour Conferences should be activated by

a desire to overcome the problem of economic backwardness of Asian countries so
that rural and urban workers can enjoy the some standard of life and have the same
Security social evils as workers in the most advanced countries of the West.

10.6 INDIA AND REGIONAL CONFERENCES– AN

OBJECTIVES PERSPECTIVE

India has had a close and active relationship with ILO and the Regional
Conferences, especially Asian Regional Conference, from its inception in 1919 ,
The Government of India had been a member of the ILO Governing Body since
1929 by virtue of its being one of the ten countries of chief industrial importance.
India contributes substantially to ILO in terms of both funds and substance
including 20% of the personnel.

The ILO has a distinct effect on Indian Labour Legislation. Many important
conventions have been ratified by India and have been incorporated in Indian
Labour Legislation. The provisions in various acts regarding hours of work,
holidays with pay, social security measures, occupational safety, labour Welfare
measures, wage structure, employment of women and children have all been the
outcome of ILO conventions. ILO conventions have also influenced the labour
movement in the country. Moreover, the ILO has created a sense of solidarity
among the workers. ILO has awakened the consciousness among the workers of
their rights and privileges. India has availed of the services of the ILO experts in

155
the field of trade union services and has sent trainees in trade unionism to other
countries under ILO programme.

As regards holding of Regional Conference for Asian Countries, efforts

were made to induce ILO to convene Asian Labour Conference in 1930 by Mr.
S.L. Joshi of India. Mr. Joshi placed a draft resolution for it’s this purpose, but it
was not adopted in 1931, the same proposal was accepted without any opposition.
However, the Regional Conference was not held for various 1936.

In 1944, a Resolution was passed at the 26th Session at Philadelphia

recommending that an Asian Regional Conference should be held as soon as
possible. The Government of India invited the ILO to hold the Conference in India
and the invitation was accepted , Subsequently , a preparatory Asian Regional
Labour Conferences was held in New Delhi from 27th October to 8th November
,1947 .The Conference was attended by delegated from Afghanistan , Australia ,
Burma, Ceylon, China, France, U.K. Malaya, Indo-china, Netherlands, New
Zealand , Singapore, India and Pakistan .There were observes from U.S.A. , Nepal
and from the governing Body of ILO itself . The conference was presided over by
Mr. G.M. Evans , Chairman of the Governing Body and addressed by Pt. J.L.
Nehru the then Prime Minister of India .23 Resolutions were adopted by the
Conference on issues related to social security measures , labour policy ,
employment services agriculture production and co- operative system , productive
efficiently , intensification of the Asian Work of the ILO.

Again the forth Asian conference was convened at New Delhi in November,
1957.The Conference was inaugurated by the then prime Minister of India Pt. J.L.
Nehru and was presided over by shri G.L. Nanda the then Union Labour Minister.
The agenda of the fourth Asian Regional conference included the following Items:

i. Labour problems of small scale and handicraft industries in countries of

Asian Region.
ii. Condition of life and work of share croppers, tenant, farmers and
workers engaged in semi-independent nature in agriculture and

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 iii. System of industrial Relations.

Apart from the aforesaid items, report of the Director General of the ILO was
also discussed at length and approval of the conference was accorded.

Government of India actively participated in the Regional Conferences expect

on two occasions in 1962 and 1971 when Government has to withdraw its
delegations from the Asian regional Conference due to National Emergency
created by the Chinese aggression in 1962 and Indo-Pak War in 1971.

Apart from India’s active participation in Asian Regional Conference held in

various countries of Asia, the Government of India organized the second
conference of Asian Labour Ministers in New Delhi in January , 1969 .The Union
Labour Minister of Indian attended all the Conference of Labour Ministers of
Asian countries.
Under the Technical Assistance Activities, an agreement was signed by India
with ILO in April, 1951. Regional Seminars were organized on Labour Statistics in
New Delhi in December 1951, on Factory Inspection in Calcutta in February 1952,
on supervisory Training in 1957, Vocational Guidance and Employment
counseling at New Delhi in November 1957, on Labour Management relations in
August 1979, on International Labour Standard in November 1979 etc. India has
secured services of the ILO experts from time to time e.g. in 1943 on E.S.I.
Scheme, productively, vocational training, industrial relations in 1958, mines,
safety and productively in 1960.

Besides, Indian personnel have been sent to other countries for training under
ILO fellowship and many foreigners too have visited India for training Under ILO
fellowship. It is worth mentioning that ILO organized a high-level meeting on
development of labour administration in Asia and the Pacific in January 1980.
Which was inaugurated by Shri Narayan Dutt Tiwari the Union labour minister?

India is now fully convinced that its association with ILO and active
participation in the Asian Regional Conference is not only in its own interest but

157
also in the interest of the world peace and a ‘Just social order’ .Influenced by this
positive role of the ILO , Indian Government took initiative in the establishment
and continuance , the Asian Maritime Conference and the Asian Advisory
Committee to focus on labour problems peculiar to Asian Countries .It is perhaps
India’s significant role in the ILO Regional Conference the Problems of Asian ,
African and Latin-American countries.

In short, as Dr. S. N. Dhyani in his International Treatise: “ILO and India-In

Pursuit of Social Justice” has described the ILO and India has common aims,
common goals and common destiny for both of them are committed to world
peace, freedom and social justice. Both are striving for the socio-economic
betterment of the long sufferings of the people who are under privileged and under
–nourished with the fullest realization that any further delay would be fatal to
themselves and to the whole world’.

10.7 SUMMARY

In this Unit we have discussed the aims, objectives and principles of ILO
and have made an effort to establish their nexus with the Regional Conference
including Asian Regional Conference. It was emphasized more than once that the
Resolutions of the Regional Conference help ILO in shaping its International
Labour Policy in the form of ILO Conventions and Recommendations .Regional
Conferences have also discussed specific and particular problems of Regional
nature and have provided solutions accordingly. The American, European and
African Regional Conferences have dealt with question like vocational training
.social Security, Inspection, productivity, manpower planning, migration of inter-
state workers etc.

As regards Asian Regional Conference, we have discussed at length the

deliberations and Resolutions finally arrived at in various sessions of the Regional
Conferences, Regional Committees, Regional Advisory Committees and the
Committees and the committees of the Labour Ministers of Asian countries.
Through Commutative efforts of these international institutions, ILO has achieved

158
tangible success in dealing with specific problems of Asian countries e.g. rural
manpower employment, manpower organization , special youth programs , living
and working conditions of rural workers in Asian countries , management of field
operation in Asian countries etc.

India has had a close and active relationship with ILO and its Asian Regional
Conference. India ‘s participation in the ILO and Regional Conference as member
and observer has been substantial and meaning feature .Our country , while
receiving technical assistance from other countries through ILO , has also offered
assistance to the international community, there is still greater scope for improving
various activities in this process of two –way traffic.

The National Commission on Labour (1969) has observed that international

obligations, which develop on India as a result of our long association with the ILO
shall have to be discharged as per the directive given below:

i. By adopting the aims and objectives of the ILO for national action.
ii. By co-operating at the regional and international level in multifarious
programs of the ILO.
iii. By progressive implementation of the standard in the form of
conventions and recommendations evolved by the ILO.

India has made adequate efforts in these directions and has achieved
considered progress. The process of progressive implementation of the ILO
conventions and recommendations should implementation of the ILO conventions
and recommendations should continue in times to come.

10.8 SELF –ASSEMENT TEST:

1. Briefly discuss the aims, objectives and the principles of ILO establishing
their relationship with the Regional Conferences.

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 2. Explain the nature, scope and composition of Regional Conferences –
pointing out a brief reference of the contributions of American, European
and African Regional Conferences.
3. Mention briefly the functioning of Asian Regional Conferences and their
contribution on the countries of Asia.
4. Write a brief essay on “India and Asian Regional Conferences of ILO”.

10.9 KEY WORDS

ILO: International Labour Organization was born in 1919 and has been
quietly carrying on for more than 70 years – first as an associate of League of
Nations and since 1946 as a specialized agency of the United Nations Organization.
It is a tripartite organization democratically controlled by representative of
governments, employers and employees. Its purpose is to promote social justice in
all countries of the world and for this purpose formulates minimum international
standard for labour.

Regional Conference: One of the important activities of the ILO is the

holding of Regional conference s. Which are held to deal with the specific and
peculiar problems of regional nature? Today Regional Conferences have become
normal and regular feature of the ILO‘s activities.

Social Justice: In terms of ILO and the Regional Conferences, social justice
means all human beings, irrespective of race, creed or sex, have the right to
purpose both their material well-being and their spiritual development in conditions
of freedom and dignity, of economic security and equal opportunity.

ILO Convention: ILO convention is a kind of treaty or agreement among

member –countries which if ratified in legislature and creates binding international
obligations for the country concerned. Conventions are submitted to the member –
States for ratification by their respective legislations and the ratification of a
convention requires total compliance by the member-States.

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 ILO Recommendation: ILO Recommendation is essentially a guide to
national action and may be implemented in parts and to the extent possible, Thus, a
recommendations is submitted to member-States only for consideration.

10.10 FURTHER READING

 Dr. S.N. Dhyani (1977) : International Labour Organization and India .

In Pursuit of Social Justice. National Publishing House.
 Johnson , G.A. : The International Labour Organization (London 1970)
 R.C. Saxena : Labour Problems And Social Welfare (1986)
 ILO : Constitution of ILO (Geneva -1970)India and ILO – Fifty years in
Retrospect. (New Delhi -1969)
 Government of India Report of the National Commission on Labour(1969)
 Indian Worker and International Labour Review .(Journals )

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 UNIT -11
I.L.O and India
Objectives :
After going through this Unit, you should be able to:
 Appreciate the underlying concept of International Labour Organizational.
 Handle the processes of technical Cooperation.
 Avoid policies for impact on Indian Labour Legislation.

Structure :
11.1 Introduction
11.2 Emphasis on Technical Cooperation.
11.3 United Nations Development Programs.
11.4. India’s Membership of I.L.O.
11.5. I.L.O. and Labour Movement in India.
11.6. I.L.O. and Indian Labour Legislation.
11.7. Summary.
11.8. Self Assessment Test.
11.9. Further Readings.

11.1 INTRODUCTION
The ILO is the first international body which is not expressly concerned
with political questions but its role its limited to the problems of industry and with
the conditions under which ordinary men throughout the world work and live. It is
an illuminating enterprise of constructive international cooperation and
understanding dedicated to the elimination of poverty and injustice. It provides a
positive and dynamic leadership to the humanity for nobler actions , and is
continuously exploring the new horizons of Universal peace, cooperation and unity
.The cardinal principle of its Constitution is that ‘Poverty anywhere constitutes a
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danger to prosperity everywhere’. That universal and lasting peace can be
established only if it is based upon social justice. Therefore, the ILO’s meaning,
nature and activities centre on words Peace, Social Justice and Labour. What the
ILO is then? In the words of the ILO itself, most simply , of nations… created to
improve working and living conditions all over the world . But beyond this
immediate purpose is the Longer range objective of helping to establish an
international community if nations in which all people may live in peace and
steadily increasing prosperity.

The ILO deals with international labour and social problems much in the
same way as the UN Food and Agriculture Organization handles questions relating
to the Earth food supply and the World Health Organization works to improve the
health of the people living on the planet, While it is an international agency, it
differs from other diplomatic bodies in one important way, namely the
representation in is given to workers and employers beside government al
representatives .The three group the ILO’s tripartite structures. Share in its control,
evolution and supervision of the execution of its policies and programs. These
groups are the governments which finance it, the workers , for whose benefit it is
created and employers who share the responsibility for the welfare of the workers
.Keeping in view its overall objectives and structure the ILO appears like the
Ministry of Labour of the UN having the responsibility in the fields of labour
conditions , industrial relations, social security and all other aspects of social and
economic policies having direct bearing on the workers .

A broad area of the aims and purpose of the ILO can be understood from the
next of the Peace Treaty of 1919 . It provided that ILO is being established for ‘the
well –being, physical and intellectual of industrial wage-earners . This was being
done not as a matter of charity to labour but as a matter of ‘Supreme international
importance’.

11.2. EMPHASIS ON TECHNICAL ASSISTANCE:

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 Before the World War II, the major functions of the ILO were the adoption
of minimum labour standards in the form or Recommendations, the collection and
dissemination of information regarding labour and the provisions of technical
assistance on labour problems to member Governments. However, after the World
War II the social and economic policies and programs had undergone a
fundamental change. There was a dire need of economic development particularly
in countries which had achieved independence and were in the process of
industrialization. Hence the ILO placed increasing emphasis on ‘operational
projects’ to pass the on skills and experience of industrial countries to those regions
which are less developed or underdeveloped. In the immediate post-War period the
ILO Office sent technical missions on a small scale to Czechoslovakia, Egypt and
India for organizing social insurance schemes in these countries and to Greece for
assisting the revision of labour legislation. The ILO’s technical Programs got
momentum in comparison with its standard setting and information activates
during the World War II.

Expanded Programme of Technical Assistance

The United Nations proposed on May 18, 1949 .the development of an
Expended Programme of Technical Assistance to provide increased technical
assistance to less developed countries .This was not a new institution with
international personality but rather a cooperative Endeavour on the part of the
United Nations Community, already exiting for specialized purposed of economic
and social advancement, could move adequately direct knowledge and skills within
those specializations to the countries in need of them. It’s very name implies
merely an extension or enragement of assistance programs already in being. The
Expended Programme of Technical Assistance was formally established by the
Economic and social Council and approved by the Assembly in 1947.

The Expended Programme of Technical Assistance was primarily a

cooperative venture for economic development of the underdeveloped countries
which provided the framework and the financial resources for the bulk of the
technical assistance activities not only of the ILO but of other international
organizations associated with the United Nations. The Expended Programme, as
already observed , was based on a resolution of the ‘Economic and Social Council
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for the guidance of the participating organizations provided , inter alia, that these
organizations should regard it as a primary objective to help countries strengthen
their national economic through the development of their industries and agriculture
with a view to ensure the attainment of higher levels of economics and social
welfare .The technical assistance programme was taken over in 1965 by a new
organization called the United Nations Development Programme (UNDP) which
has become the driving force of the joint under takings the United Nations
technical are channeled.

Expanded Technical Assistance Programme and the Special Fund-Trend

towards Social Justice:
The Programme and the Fund provided new opportunity for the ILO to
enlarge and extend the work of its technical divisions and services .They have
indeed given a new meaning and special emphasis to the goals enunciated in the
Philadelphia Declaration of 1944.The Technical Assistance Programme, the
Special Fund and ILO’s Regular Budget have enabled the ILO to take up the
problems of full employment of workers , their vocational training and imparting of
education in order to enable workers to realized their economic and social needs.
Under the ETAP , experts were sent by the ILO to countries in need of professional
skill. The ETAP had been consistently educating people how to get more and better
work with less waste of human and material resources. Its vocational training and
productivity projects had an all round impact. In a number of countries permanent
national productivity centers had been established. The ILO’s Training within
Industry Institutes work something like a chain reaction. One ILO specialist shows
a handful of selected readers how to train supervisors to train others. Similarly, the
ILO’s specialists in handicrafts and cottage industries demonstrate in one village
how methods can be improved throughout the entire region. It has helped in
conducting manpower surveys, in vocational rehabilitation of the handicapped and
in selection, training and protection of migrant workers.

The Special Fund had given a great impetus to the ILO’s programme of
technical and vocational guidance and training .At the end of 1964 a total of 49
Special Fund projects had been assigned to the ILO of these , 40 were already in
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Operation .The total allocation for the 49 projects was about $ 41,000,000. With
government’s counterpart contributions, the total of the sum invoiced was expected
to be in excess of $100,000,000. The annual expenditure for the ILO Special Fund
projects was $ 3,891,399 in 1962 $ 6,163,812 and was expected to be about $
5,150,000 in 1964 .Under the UN Special Fund a number of technical institutes had
been established .One of the significant new link in international technical
cooperation was the establishment of an International Center for Advanced
Technical and Vocational Training in Turin in 1963.

Advanced Training Centre:

The Statute of the International Centre for Advanced Technical and
Vocational Training at Turin in Italy was unanimously adopted by the ILO
Governing Body at a meeting held in Geneva on May 31, 1963. The Stature States,
the object of the Centre shall be to provide technical and vocational training
primarily for the benefit of the developing countries, for persons who are
considered suitable for more advanced training than any they could obtain in their
own countries or regions .The Centre also provides advanced training for persons
connected with the development of small scale industry and production ,
cooperatives as well as instructions in teaching methods for technical cooperation
experts.

Manpower Organization and Vocational Training

Manpower organization programs involve an assessment of the available
supply of manpower considered in relation to the needs of industry, agriculture and
the objectives of expanding employment and investment opportunities. Such a
programme includes provision for employment services, employment information
and the establishment of job analysis and occupational classification systems. The
manpower planning was launched by the ILO in view of the Philadelphia
Declaration of 1944 which proclaimed that ‘The Conference recognizes the solemn
obligation of the International Labour Organization to further, among the nations of
the world, programs which will achieve full employment and the raising of the
standards of living.

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 While training and technical cooperation remain the principal planks of the
ILO policy, it has to be geared increasingly to drive against unemployment in the
developing countries. During 1961 the ILO broadened its efforts under the World
Employment Programme which is one of its main contributions to the current
United Nations Second Development Decade (1970-80) and which is intended to
promote national and international efforts to create productive employment
.Columbia received the ILO’s first employment strategy mission in 1970. Similar
missions have visited the Malagasy Republic and Liberia during 1972. In Sri
Lanka, the Five Year Plan (1972-76) reports unemployed persons to number
approximately 5,50,000 about 12 per cent of the total labour force in 1972. In
Malaysia, the second plan 1971-75 , estimated the number of unemployed to be
around 2,75,000 that is about 7.3 percent of the labour force. In India the total
number of unemployed persons was estimated at 5 million in 1961 and 9-10
million in 1966 and stood at 15-20 million in 1971 and that of underemployed
around 30-45 million .

Vocational training, productivity and management developments are all

partial answers to the same problems how to make the most effective use to human
resources. These schemes and projects introduce modern techniques that result in
increased productively without much heavy capital outlays. Therefore the
objectives of the projects of training for productivity and management development
are to further, especially in developing countries, a broader conception of their
responsibilities in regard to training of personnel and other labour aspects of higher
productivity, as well as a knowledge of the techniques of modern management, a
better understanding of personnel administration needs and methods and a
progressive outlook towards labour-management relations.

Seminars and courses in productivity training and management

development have proved highly successful .The ILO is continuing this type of
activity while constantly seeking to improve the teaching techniques used, and
avoiding too great an emphasis on text book knowledge and theory. The ILO
programme according covers the technical planning; execution and control of
management development activities, involving training for managerial posts in all
economic sectors expect public administration. It includes the execution and
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technical supervision of projects relating to small scale industries and handicrafts.
Further, it includes research on management techniques and the organization of
production and on the adaptation of these techniques to the needs and the
conditions of developing countries activities, involving: training for managerial
posts in all economic sectors except public administration. It includes the execution
and technical supervision of projects relating to small scale industries and
handicrafts. Further, it includes research on management techniques and the
organization of production and on the adaptation of these techniques to the needs
and the conditions of developing countries.

11.3. THE I.L.O. AND INDIA

Since the inception of the ILO in 1919, India has been its original member.
While India was not fully independent yet it was admitted within the fold of the
organization. However, its membership of the League of Nations and the ILO had
not gone unchallenged for it had been argued that it would give an additional vote
to the United Kingdom. The British Government gave an assurance that British
India was democratically administered and upon this India, China, Iran, Japan and
Thailand were the few Asian countries to be admitted to the ILO membership. Of
the 24 States out of 40 states represented, India was one which sent a full
delegation to the first session of the International Labour conference held at
Washington in 1g19. The Indian delegation comprised of Government
representatives, Sir Atul Chatterjee and Sir Louis Kershaw; Employers’ delegate
‘Sir Alexander Murray and worker's delegate start N.M. Joshi. Thus India's
membership of the League Nations and the International Labour organization was
indeed a first step in elevating her status in the assemblies and the States in spite of
her being a British colony. Britain being a major power responsible for the
establishment of the ILO also helped India in becoming its member. It is said t that,
British Government was motivated by her selfish interest when she struggled for
India's membership of the ILO her nomination as one of the eight countries of c
industrial importance, for this would secure the collate support of India for Britain
in her struggle for leadership Geneva. It is also argued that India's admission to
League and to the ILO was in the nature of a reward for help she gave in the First

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World War to the Allies. It can said that irrespective of the motives of Britain, Indi
membership of the ILO proved of a very great advantage her in establishing a
liaison and a forum for n governmental delegates from India with their Europe
counterparts for exchanging information on soc economic conditions.

As already observed, India was not made a State Chief industrial

importance but this status was conceded her in 1922 when India became a
permanent member the Governing Body. The Government of India challenged the
then list of non-elective seats. The League Council, thereupon, after verification of
Indian working class population by including also agricultural work adopted a
resolution on September 30, 1922 revising this to include India at the expense of
Switzerland. Since then India continues to enjoy this position. This status conferred
upon Indians, representing workers and employers in ILO, a position of prestige
and influence and got opportunity to expose the anti-labour and anti-economic
British policies in India. The behavior of n governmental delegates from India to
the International Labour Conference and other bodies reflected the situation
prevailing in India.

11.4 I.L.O. AND LABOUR MOVEMENT IN INDIA

During the period corresponding to ILO's establishment, nationalist force

under the leadership of the Indian National Congress was struggling against the
British rule for the right of self-determination and national independence. The
Indian National Congress also devoted itself to the cause of the labour and in turn
made labour movement a part of the national freedom movement. Leaders like
Tilak, B.P. Wadia, Mahatma Gandhi and Lal Lajpat Rai were also labour leaders
who founded, guided and popularized the labour movement by organizing labour
unions and strikes on a large scale in India. The name of Gandhiji, owing to his
launching of successful textile strike in Ahmadabad in 1918, became popular
among the workers. This period also witnessed the founding of a national
federation of all India character, namely, the All India 'Trade Union Congress on
October 31, 1920. The AITUC owes its immediate origin to the ILO. There was
dissatisfaction among the trade union leaders over the nomination of workers

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delegate to the International Labour Conference c and the said nomination was
alleged to be unconstitutional. This was countered by the Government .that in the
absence of a truly representative workers organization in the country the
Government of India was justified in nominating workers' delegate without
consulting trade union leaders. In these circumstances the AITUC came into
existence with Lala Lajpat Rai as its First President. The AITUC served as a link
between labour movement in India and Europe and had close contacts with British
Labour Party and British Trade Union Congress

But during Second World War the AITUC adopted an attitude of neutrality
towards war efforts. Therefore, the British Indian Government founded the Indian
Federation of Labour with its full support and backing but without the support or
sympathy of Indian working class. The Indian Federation of Labour was formed by
M.N. Roy, (an ex-congressman) and an ex-communist J.M. Mehta in 1941. The
Indian Federation of Labour was recognized by the British Indian Government as
the most representative organization of Indian workers .for the ILO and it
represented the Indian workers at the Philadelphia conference in 1944. Thus, the
trade union movement in India was directly influenced by the ILO which imparted
solidarity and cohesion, and the participation of trade union leaders in International
Labour conference gave the movement greater unity and prestige. The Indian trade
union leaders further sought the moral support of world trade union leaders at the
ILO forum for securing proper nomination to the International Labour conference.
The insistence of labour delegates to the International Labour conference on getting
ratification of ILO Recommendations and conventions by the Government of India
has been attributed to the desire of labour leaders to policies the plight of the
workers and thereby strengthen their own position. The Royal commission on
Labour in this connection remarked that some of the labour delegates and advisers
sent to the International Labour conference at Geneva, by extending their stay in
Europe, have been able to, secure some training in Western trade union methods.

In the post world war period the communists within the AITUC did not
agree with those trade union workers who advocated active and full support to the
labour policies of the ,Congress Governments at the Centre and the provinces; The
Congress-supportive trade, unionists seceded from the AITUC to form the Indian
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National Trade Union Congress in L947. It was in '1948 that Government: of India,
despite protest of the AITUC, nominated the INTUC representatives as the most
representative organization of Indian work-people for the purpose of the
representation at the International Labor Conference. The INTUC continues to
enjoy this status even today sometimes non-INTUC men are also appointed as
advisers.

Government of India’s Nominees

Before 1947, the Government of India's own delegates to the International
Labour Conference were nominated by the British Government or with the
approval of the British Government, the Secretary of State’s holding the whip
hand-by the British Viceroy in India by means of an executive fiat without
reference to the Central Legislature. Consequently the delegates were ,senior and
loyal members of the Indian Civil Service and included persons like, Sir Atul,C.
Chatterjee who was a delegate for the Conference between 1919-1946 and was also
elected the Chairman of, the ILO's, tenth session held in 1927. The delegation
during this period was generally led by the High Commissioner for India in London
who had no sympathy for India and, for the cause of India's toiling masses. After
1947, with the dawn of Independence, the basic policy and objectives of India
changed on social, political and economic issue, accordingly, the nominees of the
Government of India acquired a new status and prestige in the International Labour
Conference. Mr. Jagiivan Ram, the Central Labour Minister and Mr. Gurlzari Lal
Nanda, the Bombay labour Minister Represented India at 30th session of the
International Labour Conference .While participating in the debate on the Director
–General’s Report Mr. Jagivan Ram remarked ‘what brings us closer together is
the striking affinity between the ideals of the ILO and those of the political party,
the Indian National Congress, to which I have the privilege to belong .The re-
statement of those ideals in the clear and un-equivocal language of the Philadelphia
Charter was the vindication of the cause we have espoused for many years ….
Asian countries are now passing through an intensive phase of popular awakening’.

India’s attitude towards the ILO can be a subject of interesting future

research .Initially India was made the member of the ILO at a time when the
shadow of constant British pressure and influence was becoming lengthier. The
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massive British influence to product British interest and prestige paved way for
India’s membership of the ILO obviously, at that period the ILO was
predominantly Europeanized and European dominated for the U.S.A. the U.S.S.R
and several other countries of the world were either out or had not attained national
freedom. The Worldwide economic depression also diminished the hopes of labour
in the efficacy of the ILO as an instrument for social justice. The ILO could not be
effective in its sweeping goals. It becomes a slow, conservative and tardy
organization contented only with regulation of hours of work and condition of
work without a progressive and revolutionary stance. Accordingly, the Indian
Workers and employers delegate voiced their political and national frustration
against British colonialism and British exploitation of India. Under the aegis of the
AITUC in particular, the labour movement combined with freedom the movement,
spread the climate of social unrest, non-cooperation, boycott of foreign- goods as
basic means of political emancipation. This attitude of Indians participating in the
various ILO Conferences is clearly discernible. On the other hand the ILO also did
not make efforts to influence the social and economic policies of colonial Britain to
benefit the Indian working class.

The year 1947, in particular, was a turning point of Indian relationship with
the ILO, for in that year India became a free and independent country. India started
taking active and increased interest in ILO and its activities' .This association
became of special importance with the assumption of leadership by Jawaharlal
Nehru. It was' therefore, clear that certain assurances and hopes given to Labour in
recognition of its sacrifices and rights in pre-independence era found concrete
shape. The labour policy of the Government of India in the years give Labour a fair
deal consistent with the requirements of other sectors of the economy. The
Philadelphia Charter also greatly influenced the social policies of Indian for
shaping its future policies. There was increasing emphasis on economic growth,
fuller employment, and equal distribution of profits, regulation and control of
industries for social good. The Government of India was now firmly convinced that
its association and commitment to the ILO is not only in its own national interest
but also in the interest of the world peace and a just social order. Besides being a
founder member of the ILO, India is also a permanent member of the Governing
Body. Indeed, after 1947, completely reoriented its attitude towards the ILO,
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'Indeed, the ILO ideals and objectives closely resemble to basic objectives
enshrined in the India Constitution. Both are committed to freedom, social justice
and peace. It was a matter of special significance both for India and the ILO that
Mr. V.V. Giri, the former President of India, addressed the 54th Session of the
International Labour Conference at Geneva on June 10, 1970. He outlined the main
takes which the Organization should address itself to for promoting economic
development and social justice. He remarked, ‘Millions of people throughout the
world are nursing a grievance against the social order which denies them bare
necessities of existence. The democratic way of living would be in peril if effective
action is not taken forthwith to remedy the situation.'

In short, the ILO and Indian have common aims; common goals and
common destiny, for both of them are committed to world peace, freedom and
social justice. Both are striving for the socio-economic betterment of the long
suffering, long forgotten people- the people who are underprivileged and under-
nourished -with the fullest realization that any further delay would be fatal to them
and to the whole world. In essence, there is a close resemblance between the ILO
Philadelphia Charter of 1944 and the Fundamental Rights and the Directive
Principles of State Policy under the Indian Constitution.

11.5 THE I.L.O. AND INDIAN LABOUR LEGISLATTON

If the ILO Conventions are seen in the general spectrum of labour

conditions, one can imagine the great value and influence they have in molding the
course of social and economic philosophy of the world. The world without their
influence and continuance may be a world of perpetual competition, exploitation,
inequality and injustice resulting in wars and confrontations. Judged in this
perspective, it would be highly relevant to assess the impact of the ILO standards
on Indian Labour legislation. This impact can be seen in three phase, namely,
labour, legislation in India before the ILO. Labour legislation in India from 1919 to
1947 and labour legislation in India after 1947.

Labor Legislation in India:

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 Labour legislation is that body of legal enactments which is concerned with:
non-employment, wages, working conditions, labour-management relations, social
security and labour welfare of persons employed in industry. It is that part of state
action by which the state, through parliamentary enactments, has intervened in the
conduct of industry, and imposed statutory obligations, for the most part, on the
employers and, to a subsidiary degree, on the workmen. In other words, labour
legislation is a result of the evolution of the concept of social justice. Its" nature
reflects the social, economic and political philosophy of a particular given time.
The changing nature of Indian economy has been one of the most important factors
that have shaped the character of labour legislation. Labour legislation came to
occupy a significant place with the introduction of industrialism which created two
classes- the entrepreneurs and the working class. The control of the economy by
the alien rulers –the Emergence of welfare philosophy to ameliorate the hardships
of child labour by disciplining the factory owner. The growth of trade union
movement with political overtones to combat the hire and fire attitude of the
employers. The shifting of the balance of power from the alien rulers to national
government in 1947. the impact of constitution and of the political and social
philosophy of the parties in power, and the quality and character of their leaders,
including their ideologies, have resulted in social tensions and new hopes which
have contributed to the development of labour legislation in India.

The state of society in India during the period was generally feudal, colonial
and individualistic, ruled by an economic doctrine of laisez faire which had its
impact on all legal relations between man and man, and man and society. The
theory of ‘hire and fire' and 'supply and demand' was allowed to have their full
sway in the market. Accordingly, any intervention by the state in India for
regulating the condition of labour in respect of wages, hours of work' employment
of women and children etc., was considered a serious deviation from these ideal
principles. Obviously the Government of India during this period was more
concerned with the maintenance of this status quo by protecting the interest of
British industrialists, Indian capitalists and other feudal elements in the name of so-
called freedom and justice. The result was that employers and British entrepreneurs
became so influential that all their attempts were designed to protect and promote
their interest without any legal or political hindrance. Thus early labour legislation
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in India was more an instrument of aggression, for the working class rather than its
savior. ‘Far from protecting the interests of Labour", - says the ILO, the first
attempts to 'regulate' labour consisted .of enactments, such as the earlier Assam
Labour Act' the Workmen’s Breach of Contract Act of 1859 and Employers’ and
Workmen's (Disputes) Act of 1860 which rendered workmen liable criminal
penalties for breach of contract .The Indian Penal code of 1860 also contained
provisions of this character. It would be, therefore, interesting to dilate upon such
labour enactment which was rather entrepreneur- oriented.

ILO and the Labour Legislation in India

At the end of the First world war, after the Treaty of Versailles, the
International Labour organization came into existence on April 11, 1919 with an
avowed goal to improve the working and living conditions of the workers all over
the world. India was admitted to the ILO membership and was recognized as one of
the eight nations of chief industrial importance, and this gave further fillip to the
growth of labour legislation in India. The other important factors were the
establishment of a workers' state in the Soviet Union, the founding of the AITUC in
1920, the launching of the non-cooperation movement and the emergence of
powerful leadership under Gandhiji, Lala Lajpatrai, Jawaharlal Nehru, Subhash
Chandra Bose, V.V. Giri etc. Among other socio-political and industrial causes, the
ILO was the principal fountain and source for labour legislation in India. The main
principles embodying the conventions ratified by India have been incorporated in
the existing Labour legislation. Thus the influence of the ILO standards on Indian
Labour Legislation is direct as well as indirect. The progressive amendments and
changes in factory Legislation, and ushering in of a new protective labour
Legislation in India before 1931, is mainly due to the efforts and work of the ILO.
It provided a platform to representatives from India and an opportunity to carry and
spared the message of the ILO to India, which in turn created a powerful public
opinion and new social consciousness for the establishment of new social values.
Over and above these factors, the ILO adopted series of conventions and
Recommendations covering hours of work, employment of women, children and
young persons, weekly rest, holidays, leave with wages, night work, industrial
safety health, m hygiene, labour inspection, social security, labour management
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relations' freedom of association, wages and wage fixation' productivity'
employment. These are considered by the working class in India a magna carta of
their freedom and security and an inescapable necessity, obligation and duty of the
Government to reform the labour legislation. The inevitable result was the
ratification of the ILO standards and the formulation of new labour legislation in
India thereto.

ILO Conventions vis-a-vis Factory Legislation in India:-

The ILO Conventions and Recommendations had a decisive impact on the
factory legislation in India. As a. result of the Hours of Work (Industry)
Convention 1919, the hours of work in industrial under takings namely nines,
quarries and other works were fixed at eight hours a days and forty eight hours a
week. Factory Act 1911 was suitably amended in 1922. The convention, however,
contained an exception or special provision according to which , in British, India,
the principle of ‘sixty hour week'- was adopted for all workers in the industries .
The Factories Act, 1948 has fixed 48 hours per week and 9 hours per day as the
limit of working hours for adult workers. The ILO has recently adopted a new
Convention concerning hours of work which provides 40 hours per week and 6
hours per day as the limit of work for adult labour.

Night Work (Women) Convention l9l9 was ratified by India in 1921. The
convention prohibits the employment of women during night' the term night was
defined to signify a period of at least eleven consecutive hours including the
internal between 10 p.m. to 5 p.m., in the morning. The Factories Act l948 provides
that No women shall be employed in any factory except between hours of 6 a.m.
and 7 p.m. The Mines Act, 1935 contained similar provisions. Like-wise the high
work of young persons (Industry) Conventions 1919 was ratified by India in 1921.
According to the Convention no young person or child under the age of 18 years
shall be employed for work at night in any public or private undertaking. The
Factories Act, 1948 deals with the employment of young persons and provides that
no child who has not completed his 14th year of age and an adolescent who has
completed his 15th year of age but not completed 18 years shall only be allowed to
work if a certificate of fitness is granted. Similar provisions exist in the Mines Act,
1952.
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 ‘
Similarly the weakly Rest (Industry) Convention 1921 was ratified by India
in 1933. It provides that all staff employed in any industrial undertaking shall enjoy
in every period of 7 days a period of rest comprising of at least 24 consecutive
hours. The Factories Act, 1948, the Indian Mines Act, 1952, the Plantation Labour
Act 1951, The Motor Transport Workers Act, 1961 provide for 24 hours weekly
rest. The Weekly Holidays Act, L942 applicable to shops, theatres and restaurants,
provides weakly holidays to persons employed therein. The labour Inspection
Convention 1947 is concerning labour inspection in industry and commerce, and
was ratified by India in 1949. It is to secure the enforcement of the legal provisions
relating to conditions of work and the protection of the workers while engaged in
their work. The system of labour inspection was provided in the Factories Act,
L922 and 1934 but the Factories Act, 1948 contains elaborate provisions in this
regard.

ILO Conventions Vs. Social Legislation:

As already stated, out of 20 ILO Conventions on social Security, If India
has ratified only 4 Conventions. These are women's compensation (occupational
Diseases) Convention 1925 (No. 18), Equality of Treatment Accidents'
compensation) convention, 1925 (No. I9), Workmen’s Compensation
(occupational' Diseases) convention (Revised) 1934 (No.42) and Equality of
Treatment (Social security) convention 1962 (No. 119). The General Conference of
the ILO adopted Convention No. 18 in 1925.According to it; each member state is
to provide compensation to workman incapacitated by occupational diseases or in
case of death from such diseases, to their dependants, which shall not be less than
the rate prescribed by the national legislation for injury resulting from industrial
accidents. India ratified this Convention in L927 ' The workmen's compensation
Act, 1923 was amended in Lg26 to provide compensation for occupational
diseases' Schedule III of the Act deals with rates of compensation payable to
workers or their dependents, in case of occupational diseases. The convention No.
42, on occupational diseases, was revised in 1934 and ratified by India in 1964.
The workmen's compensation Act was amended in 1937, in accordance with the
said Convention. Equality of Treatment (Accident compensation) Convention 1925
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(No. 19) provides for equality of treatment for nationals and foreign workers in
respect of accident compensation. India ratified this convention in 1927. The
workman's compensation Act, 1923 makes no difference or distinction as to the
compensation for accidents between its own nationals and aliens. Section 3 of the
Act is silent on this point which means all persons are to be treated on equal basis.
The Constitution of India, 1950 makes no such difference between its citizens and
foreigners in regard to compensation for accidents. The ILO's Conventions No. 118
concerning equality of treatment has been ratified by India in 1964. No further
legislation was needed for this purpose for obvious reasons. While the ILO
Conventions have provided a model and support to existing social security
Legislation in India yet several important standards could not be adopted due to
administrative and financial reasons, and also due to under-developed growth of
the economy.

ILO Influence on Wage Legislation:

Problems of wages are both of national and international concern. The
emergence of the ILO was one of the outcomes to improve the plight of the
working class. In its standard setting function, the ILO adopted various
Conventions and Recommendations laying down the principle and method of wage
quantum and the mode of wage payment. The General Conference adopted
Minimum Wage Fixing Machinery Convention 1928 for the creation of minimum
wage fixing machinery in certain trades. The Convention envisages the creation of
machinery, whereby minimum rates can be fixed for workers employed in certain
trades, in particular in home working trades, in which no arrangement exists for the
affective regulation of wages by collective agreements or otherwise, wages are
exceptionally low. India ratified the Convention in 1955. However the Government
of India had passed the Minimum Wages Act, 1948 which applies to all
employments that are listed in the Schedule appended to the Act. Minimum wages
are not to be fixed in any industry employing less than 1000 employees in the
whole State; wages can be fixed on time or piece rate basis. 'The Act is applicable
to all employments like woolen, carpet making or shawl weaving, employment in
rice, flour or dal mills, employments in tobacco, bidi making employment under
local authority, employment on construction, maintenance of reads or building

178
operations, stone breaking or stone crushing etc. The Act is also applicable to
forest, farm and agriculture labour.

Thus, the ILO standards have directly and indirectly influenced Indian
Labour Legislation. Before 1919, the labour legislation in India on employment
conditions in factories, mines, ports, docks, shops etc, was almost either non-
existent or primitive. The idea of social justice through law was a misnomer in
India, and whatever the laws or rules on payment of compensation for accident or
on social security or payment of adequate wage etc. existed, were half-hearted,
inadequate and paper work only. With the ILO in India, there began a wind of
change in the social field. In India, the labour legislation found expression of the
voices and spirit of the ILO for promoting social justice and for creating new
values and philosophy as well as to continually adapt State policy towards weaker
sections of society in keeping with the contemporary social climate. The ILO
Conventions have, thus, formed the sheet anchor of Indian labour legislation
especially after 1946 when the Indian National Government assumed office at the
Centre and drew up a blue print on labour policy which was essentially based on
the ILO standards. The Directive Principles of State Policy in general and articles
39, 4L, 42 and 43 of the Constitution in particular lay down the basic policy
objectives in the field of labour having close resemblance and influence of the ILO
Constitution and of the Philadelphia Charter of 1944. The reaffirmation of India's
ideals and policy on social, industrial and questions finds concrete expression of
the ideals enshrined in the ILO programs and practices. Bereft of the ILO, the
Indian workers would have been like an orphan without parents, a wife without
husband and a man without friend.

11.6 SUMMARY

In this unit, we have discussed the concept, basis and role of the
International Labour Organization, which is not at all concerned with political
questions but is limited to the problems of industry. The second potential role is the
technical assistance given by the ILO. It includes labour administration, labour
inspection, labour legislation, the organization of labour departments, industrial

179
 relations, employment problems of women and young workers, labour and social
problems of specific industries, the compilation of labour statistics on employment,
wages, hours and cost of living. The ILO has also contributed to the lasting
improvement of the living and working conditions of agricultural workers, tribal
and indigenous population.

The ILO's standard setting and technical cooperation have been

complementary to each other. They, in fact, and different sides of the same coin.
The unit is concerned with the impact of labour legislation in India in the light of
general spectrum, value and philosophy prepared through various ILO conventions.

11.7 SELF-ASSESSMENT TEST

Answer the following questions in not more than 35 lines each, so that you
may know how much you have understood the matter discussed in this Unit :

1. The ILO carries further the mission of the great and seers of the earth who
stood for the weak .The meek and the poor against tyranny whether social
or economic-." Comment' 2.
2. Mention briefly the laws passed by the Parliament of –India, in the light of
the ILO Conventions.
3. Discuss the expression technical cooperation' as used for the first time in the
ILO Report of 1920.

11.8 FURTHER READFINGS

Follows, John : Antecedents of the International Labour Organization

Puri,M.M. : India in the International' Labour Organization.

Thomas, Albert : International social Policy (I.L.O. Geneva l948)Indian

Labour Journal'

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 UNIT- 12
Human Rights, ILO & Indian Perspectives
Objectives :
Every human being is born free and is equal in dignity and has a right to
recognition everywhere as a person before law. Apart from these, right to life,
liberty, and security are also part of basic human rights.
Through this Unit, you will be able to appreciate
 The meaning of human rights as put forth by the International
Labour Organization through its Conventions and
Recommendation.
 The various human Rights Program.
 Human rights as highlighted and recognized and adoption by India
has been examined.
Structure :
12.1 Introduction
12.2 Human Rights
12.3 The Human Rights Programme
12.4 The Universal Declaration of Human Rights
12.5 Human Rights and Indian Perspective
12.6 Human Rights during emergency
12.7 Constitution of India and U.N. Declaration
12.8 The International Labour Organization
12.9 ILO and the Declaration of Human Rights.
12.10 Human Rights Conventions and Indian Situation
12.11 ILO Conventions and Recommendations
12.12 Labour Legislation and the Indian Constitution
12:13 Summary
12.14 Key words
12.15 Self Assessment
181
 12.16 Further Reading

12.1 INTRODUCTION
In a world of terror and horror and of hunger and handicaps, conflicts, are
bound to arise, there are challenges of various kinds to jurists, humanists and
statesmen. The task is to strive for a social order through the machinery of law,
materializing the aspiration of mankind for the full and free, development of every
individual. Human rights and fundamental freedoms are indivisible. The full
realization of civil and political rights is impossible without the enjoyment of
economic, social and cultural rights. Hence the fundamental freedoms of
individuals become important. This brings us to the question, what are Human
Rights?

12.2 HUMAN RIGHTS

"Going to its spiritual roots, we discover that the Religion of Man — be it
located in the Vedas, Buddhist texts, the Bible, the Quran or the Holy literature of
other authentic teachers, upholds human divinity. Every human being is a divine
being and has title to dignity, liberty, equality and other basic rights"28.

The instruments, institutions and operations of the international

organizations of the present day have roots in the philosophical, constitutional and
legal developments of many nations spread over many centuries. The idea of
defining and protecting the legal rights of men is very old, but, the expression
'Human Rights' as a term of art is of recent origin. There are evidences in the
ancient Roman Law, English Law and French Law, wherein, we find traces of
rights of this nature, like rights of citizens to take part in the Government, right to
appeal against an unfavorable decision, specific relief in appropriate cases etc. The
protection of oppressed or endangered groups was practiced by many countries
which gave birth to the Human Rights concept.

28
V. R. Krishna lyer, Human Rights and the Law (1 986) p4.

182
 After the World War II, the United Nations charged with some
responsibilities in the matter, of human rights pledged itself for the achievement of
universal respect for and observance of human rights and fundamental freedoms for
all. In 1945, the attempt took a step further and the San Francisco Charter of the
U:N. reaffirmed its faith in Fundamental Human Rights, though it did not define
these rights. The Charter, however, made it clear that one particular activity, that
the at least, is repugnant to it is discrimination on the grounds of sex race, language
or religion.
Since the UN Charter of 1945 had not defined Human Rights, it was widely
assumed that this would soon be done in an 'International Bill of Rights'. In 1947-
1948, it was decided that this Bill would consist of two or more documents, a
Declaration, a Covenant and measurements of implementation. The next step in
this regard was the adoption of a human rights programme.

12.3 THE HUMAN RIGHTS PROGRAMME

The Human Rights Programme of the United Nations is enshrined in three

documents
(a) Charter of the United Nations,
(b) the Universal Declaration of Human Rights, and
C) the Draft Covenants on Human Rights.

The Universal Declaration of Human rights adopted, by the General

Assembly on December 10, 194,8, represents the best efforts to synthesis and
compromise the naturally divergent view on what constitutes the basic rights of
man which originate from the intensely varied cultural, social, economic and
political backgrounds of the various states by whom if was drafted.

The whole programme on Human Rights is .an effort to recognize the right of
individuals to human values. It recognizes the inherent dignity and the equal and
inalienable rights of all members of the human family, these are based on the

183
foundation of freedom, justice and peace in the world, it also proclaims that the
freedom of speech and belief, and freedom from fear and want are the highest
aspirations of the common people: It holds that if a man is not to be compelled to
have recourse to recourse to rebellion against tyranny and oppression, human rights
should be protected by the rule of law.

Measures for implementation of the programme on Human Rights, posed a

major problem. Does a Charter create rights and duties of a binding nature ? As
there is no world State, there cannot be any rig.hts and duties as we use the terms in
the legalistic sense, The Member States of the UN recognize that they are all
committed to promote respect for and observance of human rights and fundamental
freedoms. article 1 (3) of the Charter holds that all members are expected to
encourage respect for Human Rights. Further Article 55 (c) provides that the
members shall promote universal respect for and observance of human rights and
fundamental freedoms. Hence it can be seen that the implementation of the
programme is voluntary. The concluding part of the Preamble to the Universal
Declaration reads :

"The General Assembly proclaims This Universal Declaration of Human

Rights as a common standard of achievement for all peoples and all nations, to the
end that every individual and every organ of society, keeping this Declaration
constantly in mind, shall strive by teaching and education to promote respect for
these rights, and freedoms, and by progressive measures, national and international,
to secure their universal and effective-recognition and observance both among the
peoples of member states themselves, and among the peoples of territories under
their jurisdiction".

12.4 THE UNIVERSAL DECLARATION OF HUMAN

RIGHTS:

The Declaration is spread over 30 Articles. It is reproduced hereunder :—

184
ARTICLE 1: All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one
another in a spirit of brother — hood.

ARTICLE 2: Everyone is entitled to all the rights and freedoms set forth in this
Declaration, with—out distinction of any kind, such as race, color,
sex language, religion, political or other opinion, national or social
origin, property, birth or other status.

` Furthermore, no distinction shall be made on the" basis of the

political, jurisdictional or international status of the country or
territory to which a person belongs, whether it be independent, trust,
no self—governing or under any other limitation of sovereignty.

ARTICLE 3 : Everyone has the right to life, liberty and security of person.

ARTICLE 4 : No one shall be held in slavery or servitude; slavery and the slave
trade shall be prohibited in all their forms.

ARTICLE 5 : No one shall be subjected to torture or to cruel, in--human or

degrading treatment or punishment.

ARTICLE 6 : Everyone has the right to recognition everywhere as a person

before the law.

ARTICLE 7 : All re. equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to equal
protection against any discrimination in violation of this declaration
and against any incitement to such discrimination.

ARTICLE 8 : Everyone has the right to an effective remedy by the competent

national tribunals for acts, violating the fundamental rights granted
by the constitution or by law.

185
ARTICLE 9 : No one shall be subjected to arbitrary arrest, detention or exile.

ARTICLE 10. : Everyone is entitled in full equality to a fair and' public hearing by
an independent and impartial tribunal, in the determination of his
rights and obligations and of any criminal charge against him.

ARTICLE' 11: (1) Every one charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a public
trial at which he has had all the guarantees necessary for his defense.

(2) No one shall be held guilty Of any penal offence on

account of any act or omission which did not constitute a penal
offence, under national or international law, at the time when it
committed. Nor shall heavier penalty be imposed than the on a that
was applicable at the time the penal- offence was committed.

ARTICLE 12 :No one shall be subjected to arbitrary interference with his privacy,
family, home or correspondence, nor :o attacks upon his honor and
reputation. Everyone has the right 70 the protection of the law
against such interference or attacks.

ARTICLE 13 :(1) Everyone has the- right to freedom movement and residence
within the borders of each State.
(2Every one bas the right to leave any country, including s own, and to return to
his country.

ARTICLE 14 : (1) Everyone has the right to seek and enjoy in other countries
asylum-from persecution.

(2) This right may not be invoked in the case of prosecutions

genuinely arising from none—political crimes or from acts contrary
to the purposes and principles of the United Nations.

ARTICLE 15 :(1) Everyone has the right to a nationality.

186
(2) No one shall be arbitrarily deprived of his nationality nor : denied
the right to change his nationality.

ARTICLE 16 : (1) Men and women of full age, with _It any limitation due to race,
nationality or religion, have the right to marry and to found a family.
They are entitled to equal rights as 73 marriage, during marriage and
at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of
the intending spouses. (3) The. family is the natural and fundamental
group unit of the society and is entitled to protection by society and
the State.

ARTICLE 17 : (1) Everyone has the right to own property alone as well as in
association with others.

(2) No one shall be arbitrarily deprived of his property.

ARTICLE .18 : Everyone has the right to freedom of thought, conscience and
religion, this right includes freedom to change his religion or belief
and freedom either alone or in community with others and in public
or private, to manifest his religion or belief in teaching, practice,
worship and observance.

ARTICLE 19 : Everyone has the right to freedom of opinion and expression, this
right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media
and regardless of frontiers.

ARTICLE 20 : (1) Everyone has the right to freedom of peaceful assembly and
association.

(2) No one may be compelled to belong to an association.

187
ARTICLE 21: (1) Everyone has the right to take part in the Government of his
country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his
country.

(3) The will of the people shall be the basis of the authority of
Government; this will / shall be expressed in periodic and genuine
elections which shall be by universal and equal suffrage and shall be
held by secret vote or by equivalent free voting procedures.

ARTICLE 22 :Every—one as a member of society, has the right to social security

and is entitled to realization, through national effort and international
co—operation and in accordance with the organization and resources
of each state, of the economic, social and cultural rights,
indispensable for his dignity and the free development of his
personality.

ARTICLE 23 : (1) Everyone has the right to work, to free choice of employment,
to just and favorable conditions of work and to protection against

(2) Everyone, without any discrimination, has the right to equal pay for
equal work.

(3) Every—one, who works, has the right 1(5 -just and favorable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented if necessary by other
means of social protection.

(4) Everyone has the right to form and to join trade unions for the
protection of his interests.

188
ARTICLE 24 :Everyone has the right to rest, and leisure, including reasonable
limitation of working hours and periodic holidays with pay.

ARTICLE 25 : (1) Everyone has the right to a standard of living adequate for the
health and wellbeing of himself and of his family, including food,
clothing, housing and medical care and necessary social services and
the right to security in the event of unemployment, sickness,
disability, widowhood, old age, or other lack of livelihood in
circumstances beyond his control.

(2) Motherhood and childhood are entitled to special care and

assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.

ARTICLE 26 : (1) Everyone has the right to education. Education shall be free, at
least in elementary and fundamental stages. Elementary education
shall be compulsory. Technical and professional education shall be
made generally available and higher education shall be equally
accessible to all on the basis of merit.

(2) Education shall be. directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance;
and friendship among all nations, racial or religious groups and shall
further /the activities of the United Nations for the maintenance of
peace.

(5) Parents have a prior right to choose the of education that shall be
given to their children.

ARTICLE 27 : (1) Every one. has the right to participate freely in the cultural life
of the community, to enjoy the arts, and to share in scientific
advancement and its benefits.

189
(2) Everyone has the right to the protection of the moral and material
interests resulting from any scientific, literary or artistic production
of which he is the author.

ARTICLE 28: Everyone is entitled to a social and international order in which the
rights and freedoms set forth in this Declaration can be fully
realized.

ARTICLE 29: (1) Everyone has duties to the community in which alone the free
and full development of his personality is possible.

(2) In the exercise of his rights and freedom every one shall be subject
only to such limitations, as are determined by law solely for the,
purpose of securing due recognition and respect for the rights and
freedoms of others and of meeting the just requirements of morality,
public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to

the purposes of principle of the United Nations.

ARTICLE 30: Nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage in an activity or to
perform any act aimed at the destruction of any of the rights and
freedoms set forth herein".

The Declaration of 1948 is the only worldwide official document where the
human rights of which the Charter speaks are set forth. It proclaims not only the
traditional political and civil rights and freedoms of its national predecessors but
also economic, social and cultural rights: The Declaration has to some extent filled
the gap created by the delay in completing the Covenants2 and acquired a status
different from and more important than the one which was originally intended for
it. It has been used by the UN, other international organizations and governments
as a yardstick to measure the compliance by governments with the obligations
190
deriving from the charter in matters of -human rights. It has penetrated into
international conventions, national constitutions and legislation and even in
isolated cases into court proceedings.

After 1948, a number of Declarations, Covenants, and Conventions came

with a view to supplement the 1948 Declaration. Some of them are:

3. The Declaration of the Elimination of all forms of Racial Discrimination

(20.11.1963),
4. The Declaration on the Promotion among Youth of the Ideals of Peace, Mutual
respect, and Understanding between Peoples (7, 12.1963)
5. The Declaration on the Elimination of Discrimination against Women
(7.11.1967).

After a long time Since the adoption of the human rights programme, in 1968
the International Human Rights Conference in Tehran called by the General
Assembly of the UN to mark the International Year of Human Rights came out,
with a proclamation vi, 'Proclamation of Tehran on Human Rights". The
realization that human rights and fundamental freedoms are indivisible called for
legal action. The creative commitment of democratic jurists.

12.5 HUMAN RIGHTS AND INDIAN PERSPECTIVE

India is a sovereign, socialist, secular democratic republic. Every attribute of

the Republic is bed rocked in human rights - the sovereignty of the people over the
entire resources of the nation, the secular liberation the socialize harvest of
economic, cultural. and other rights and democratic participation in the
administration of the country. These are implicit in the Constitution of India,
especially in the Preamble, Part Ill and Part IV which according to some jurists is
the conscience of the Constitution.
Gandhi said: "There is on the face of the earth no other country that has the
problem that India has of chronic starvation and slow death - a process of
dehumanization. The solution must, there-fore be original".

191
 Jawaharlal Nehru told the Constituent Assembly that the service of India
means the service of the millions who suffer. This simply means the ending of
poverty, ignorance, disease and inequality of opportunity. It was Gandhiji's desire
to wipe out tears from every eye. The first task of the Assembly was, therefore, to
feed the starving, to clothe the naked and to give the Indians opportunity to develop
according to each ones capacity.

All these aspirations found a place in the Constitution of India. The

Constitution of India, describes, in Parts Ill and IV that the human rights relating to
(a) civil and political and (b) economic, Cultural and social rights as fundamental.
The Amendments toe constitution during 1976, 1979 and 1980 etc. project the fact
that so far as the Indian people are concerned, there is distinction between political,
civil, economic and cultural rights. Similar Approach has been made by the
judiciary also. The Supreme Court has often adopted a harmonious approach and
has read political, economic and social justice into the living law of the land.
Several constitutional provisions have activated the rule of law rise to the
international level of human rights, this was seen in the fields of prison justice,
right to be defended by a lawyer, access justice, unorganized labour, natural justice,
immunity from imprisonment for civil debts, death penalty, status of women,
worker's rights and so on.

Side by side, the legislature was also giving effect to the International
Conventions and the Declarations. The legislation and the judicial decisions in
India guaranteed every—one the right in all circumstances to be treated with
humanity and respect for the inherent dignity of the human person.

12.6 HUMAN RIGHTS DURING EMERGENCY

Human Rights uphold the individual liberty and freedom Any limitations
upon this right must not only be prescribed by law but most be shown to be

192
necessary to protect public by safety order, health or morals of fundamental rights
and freedoms others29.

It may be noted that limitations on the enjoyment of the right may be imposed
during emergencies. In times of a public emergency, which threatens the life of
nation, the States may take measures derogating from some of their obligations
under the Covenant of Civil and Political Rights to the extent required by the
exigency. In order to prevent abusive derogation, the State concerned is required to
notify immediately the other signatory states of the measures taker and the reasons
there by . Moreover, certain rights are declared immune from any derogation. A
public emergency, however grave, cannot deprive the individual of his protection
against arbitrary deprivation of life, torture, cruel and inhuman punishment o
treatment. Among the rights open to derogation are freedom of association and
right to peaceful assembly and expression.

Under the provisions of the Constitution of India, the Fundamental Rights

conferred by Part 111 may be suspended during emergencies 30 . Where an
emergency is declared, the President, by an order can declare that the right to move
any court for the enforcement of the rights conferred by Part III (except

Articles 20 and 21) shall remain suspended for the period during which the
Proclamation is in force. This is due to the fact that the normal freedoms of citizens
must yield to measures directed to meet the national danger. In such an instance
normal restrictions on State action consequent to the Declaration has to be
loosened. However, the suspension of fundamental rights cannot be arbitrary.

12.7 CONSITITUTION OF INDIA &

U.N. DECLARATION

29
The Covenant on civil and Political Rights, Article 22

30
The Constitution of India, Articles 358 & 359

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 The fundamental rights under the Constitution of India have a close similarity
with the U.N. Declaration of Human Rights of 948 in form and content. This can
be seen from the following comparative table.

Fundamental Rights under the U.N. Declaration of Human Rights

Constitution of India

Article 14: The State shall not deny

to any person equality
before the law and of
equal protection of the law. Article-7

Article 15 (1) The State shall not discriminate against any

citizen on grounds only
of religion, race, caste, sex,
place of birth or any of them Article -7
(2)

Article 16 (1) There shall be equality

of opportunity for all
citizens in matters relating to employment Article21(2)

Article 19 (a) All citizens shall have Article 19

the right to freedom of
speech and expression

Article 19 (1) (b) Right to assemble peace Article 20

(1)
Fully without arms

194
Article 19 (1) (c) Right to form Unions and
Article23(4)
Associations.

Article 19 (1) Right to reside and settle

(d)in any part of the Terri—
Tory of India Article 13 (1)

Article 19 (1) Right to acquire, hold and

dispose of the property Article 17 (1)

Article 20 (1) No person shall be convicted

Article 11 (2)
of any offence except for violation
of a law in force at the time of the
commission of the Act charged as an
Offence not be subjected to a penalty.
greater than that which might have
been inflicted under the law in force at the time of the
commission of the offence.
I.e. no subjection to ex--post facto laws.

Article-21 No person shall be deprived

Article 9 and of his life and personal
Article 13(2) the procedure established by law.

Article-21 Traffic in human beings

and beggary and other
similar forms of forced Labour are prohibited. Article 4

Article 25 (1) All persons are equally Article 18

entitled to freedom of
conscience and the right
195
 freely to profess, practice and propagate religion

Article 29 (1) Citizens residing in the

territory of India having distinct language script of
culture of its own shall
have the right to conserve the same Article 22

Article 30 (1) All minorities whether based

on religion or language, shall
have the right to establish and
administer educational institutions of their own choice. Article 26(3)

Article 31 (1) No one shall be deprived of

his property save by authority
of law. (In the category of a constitutional right.) Article 17(2)

Article 32 The right to move Supreme

Court by appropriate proceedings for
the enforcement of the right conferred
by this part is guaranteed Article 8

From the above discussion it becomes clear that several of the basic human
rights contemplated by the Universal Declaration have been in one form or the
other reflected in the Constitution of India. However, it is not disputed that
according to our Constitution some of these rights fall into the category of
nonjusticiable rights and others into judiciable rights.

Another important point to be remembered in this area is the fact that in the
Constitution we do not find a fundamental right called the 'Right to Work' without
the right to work for an unemployed person, there is no escape from misery and
destitution. Similarly along with other freedoms there must be a statutory
obligation to provide freedom from want and fear. Both these must be given

196
statutory sanction so as to make them enforceable to make the packet of basic
human rights worthwhile and substantial.

12.8 THE INTERNATIONAL LABOUR

ORGANISATION:

In the early days of industrialization some philanthropic employers

proposed international regulation for labour. Such movements continued for some
time without making any progress. A few resolutions were passed in Berlin Labour
Conference of 1889. another step was foundation of the International Association
for Labour Legislation in Paris in the year 1900. Under the auspices of this
Association, the Berne Conferences (1905-1906) formulated the first Multilateral
Labour Convention which prohibited night work for women. In the years preceding
the world War I, the Association gained further momentum, expanding its
programme of standardization and reform of labour legislation. The First World
War frustrated the Berne Conference of 1913. After the War the first Peace
Conference in 1919 in Paris, appointed the Commission on International Labour
Legislation. A draftee was prepared and in view of the labour unrest, the first
conference was held in Washington D.C. in October, 1919. Next year the
conference was held in Geneva. It .maintained its independent status apart from the
League of Nations.

The fundamental principles on which the I.L.O. is based can be found in

Philadelphia Declaration. They are :-

1. Labour is not a commodity.

2. Freedom of expression and association are essential to sustained
progress.
3. Poverty anywhere constitutes a danger to prosperity everywhere:
4. The war against went requires to be carried on with unrelenting
vigor within each nation and by continuous concerted international effort in which
the representatives of the workers and employers enjoying equal status with those

197
of the Governments, join with them in free discussion and democratic decision
with a view to the promotion of common welfare.

12.9 ILO AND DECLARATION OF HUMAN

RIGHT:-

After the World War II there was a growing awareness of the plight of
labourers among the working class. The International Labour Organization, took up
the cause of the working class all over the world and through its machinery
prescribed standards for uniformity.
The various Conventions and Recommendations adopted by the
International Labour Organization represent a definite trend towards. the
International codification of the Labour laws, covering wide variety of subjects the
freedom of association, hours of work, regulation of conditions of Labour, welfare
provisions for women and children, forced labour, provisions for social 7surance,
hygiene, security, etc.

Nations after nations have gradually ratified these Conventions and in

varying degrees the national Labour laws have been influenced by them according
to the Stage of Development and enlightenment achieved. Gradually the ILO has
attained influence to a greater extent than was contemplated by its enemies and
critics. While the ILO, thus was gaining hold over national legislation, the UN
adopted the Universal Declaration of Human Rights.
Declaration of Human Rights helped a lot in bringing birth the concept that
working class is not a lifeless combination of tolls, a living and suffering section of
humanity, struggling for its emancipation.

12.10 HUMAN RIGTHS CONVENTIONS AND INDIAN

SITUATION

In the Indian context, it may be stated that parts III and IV of Indian constitution
along with preamble to the constitution already embody the concept of human

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rights. Further, India is now a party to sixteen International treaties relating to
Human rights including the International Covenant on Economic and Social and
Cultural Rights and civil and political rights. It includes International Convention
on Racial Discrimination, Covenant on Right of child and the political rights of
women; slaves convention, etc.
With the emerging concept of welfare state, in democracy in India, state led to the
trend of guaranteeing basic human rights in constitutional law. It presupposes that
everyone has a right to life, liberty and security of person, freedom from slavery or
servitude, etc. and ensuring equality before law and equal protection of law.
It is, therefore, evident that the Indian system from the very inception of the
constitution has responded well to the Human Rights activism.
The Conventions on Human Rights adopted by the ILO aced to Right of
Association (Agriculture) Convention 1921Forced Labour convention 1930:
Freedom of Association , and Protection of to Right to Organize Convention
1948; right to Organize and collective Bargaining Convention 1949, equal
Remuneration Convention 1951; Abolition of Forced Labour Convention
1957 and Discrimination (Employ men & Occupation) Convention 1958.
Among this Conventions India has ratified only four Conventions (1921. 1930,
1951 and 1958). Some of these Conventions may be described as the fore-
runners of the U.N. Declaration of Human Rights.
Though India has ratified the Convention on Equal Remuneration and
Discrimination (of 1951 arid 1958) unequal wages exist in the fields of
agriculture, plantation a n d c o n s t ru c ti o n in d u s t ry . h o we v e r, th e
E q u a l Remuneration act of 1976 tries to protect the principle for equal pay for
equal work, which is a provided under Article 39(d) of the Indian
Constitution. The Convention on Freedom of Association (1948) has not
been ratified by India. However freedom of Association is guaranteed as a
fundamental right under article 19(1) (c) of the Constitution of India. The Trade
Unions Act, 1926 regulates, the right of workers to form trade Unions.

There are a number of other conventions when ratified by member

states, would enjoin them to provide for minimu m wa ge, hu ma n
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cond ition of s erv ice, education, leisure, social security, old age,
pension etc. These are the basis: human rights in relation to the workers both
in organized and unorganized sector. In India such protections are afforded to
the workers through number of statutes. Some of such statues are the
Employees' provident fund and Miscellaneous provisions Act 1952, Factories
Act 1948 Minimum wage Act. 1948,, Payment of Gratuity Act 1972 and
payment of Wages Act. 1936, Workmen's Compensation Act, 1923 etc.

12.11 ILO CONVENTIONS AND RECOMMENDATIONS:

The ILO during the past so many years of working a n d a d o p t e d a

n u m b e r o f C o n v e n t i o n s a n d Recommendation. The first
Conventions was adopted In its Washington Session in 1919. It was convention
Limiting the hours of work in industrial undertakings to eight in a day and forty-
eight in the week. After that ILO had adopted hundreds of
conventions and recommendations for regulating the working
conditions. Maternity protection, insurance, health, wages etc
Each of the member states agrees to make an annual report to the ILO
office on the measures which it has taken to give effect to the provisions of
Conventions to which it is a party.

12.12 LABOUR LEGISLATION AND THE INDIA

CONSTITUTION

Labour Legisla tio n in Ind ia du ring the post i n d e p en de nc e

p e rio d ha s b ee n p ro mo te d by th e Constitutional provisions, which in fact
reflects to a certain extent the International principles. Labour is included in the
Concurrent list in the VII schedule to the constitution under article 245(2). The
Preamble and some of the Articles of the constitution from Part III and IV have a
close bearing on Labour laws.

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 Legislation regulating the relations between capital and labour has two
objects in view:
1. It seeks to ensure to the, workmen, who have not the capacity to
bargain with capital on equal terms, 'air return on their labour.
2. To prevent disputes between employer and employees,
so that the production might not be adversely affected and the larger
interest of the society might not suffer.
Legislation pertaining to welfare and social security has a clear
objective of uplifting the workmen and providing them wholesome
and congenial life, Protective legislation alms at ensuring congenial
working conditions and economic. security to the work force. Even though
our labour legislation alms at all good things for the upliftment of the working
class, the necessary executive attention to implement these noble goals is
lacking. We have been pursuing labour policy which has resulted in
so much legislation that it was neither warranted nor it could be
implemented with any degree of success. However , the legislative
attempts are to be recognized as a noble step to bring into practice the
Universal Declaration and standards for the betterment of the working
class.

The constitution also provides reproach to these fundamental human rights by

making them enforceable by direct access to the Supreme Court or the High Court.
The S.C. and H.C. has opened new dimension to the concept of Human Right
movement by liberally interpreting and expanding the meaning of Basic Human
Right. There are number of cases where the concept of human rights has been
given a new dimension through judicial activism.
India established National Human Right Commission to redress human right
grievances or violation and according to Article 51 of the Indian constitution state
should strive to (a) Promote international peace and security.
(b) Maintain just and honorable relations between nation, etc. pursuant to the
direction enshrined in Article 51 of the constitution and International

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Commitments, Parliament has passed the protection of Human Rights Act, 1993
and then set up a National Human Rights Commission from 1993.
Future of ILO:
The social and economic conditions of the world have changed, and many
of the original assumptions upon which the guiding philosophy of the ILO was
based are no longer valid. Its structure and functions, therefore, seem almost sure to
be different in the future from what they were in the period between the two great
wars. Its primary mission emphatically will not be to establish new international
standards of labor legislation. The concerted international action which will be
necessary to improve the economic and social conditions of the working class in
countries which have suffered heavily from the war will be in the field of
administration rather than legislation. Large-scale public works programs and
resettlement and colonization schemes are examples. Such projects might be
initiated by the General Conferences of the ILO; but the tasks of planning them in
detail and supervising them in operation would fall upon the administrative agency
of the Organization, the International Labor Office. The necessary changes in the
structure of the Office and its methods of work might well receive preparatory
study now.

12.13 SUMMARY

In the fore goings pages we came across a very important issue and
its significance in the present day human life. Human life is mixed with lot of
insecurities conflicts, imbalances, etc. In order to see that such handicaps
do not spoil the life as such certain rules and regulations have been adopted
and enforced by the state. The United Nations realized his need and
in 1948 adopted the Universal Declaration of Human Rights.
In order to implement Its vision, the UN has adopted the Human Rights
Programme which is contained in three documents viz. the U.N charter, the
Universal Declaration an d the Co n ve n tio n s o n Hu ma n R ig h t. Th e
wh o le prog ra mme is an e ffort to rec ogn iz e the righ ts of
individuals to human values. It is to be noted that the foundation of the

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programme is on the freedom of the justice, peace in the, world which are
the basic aspirations or rights of any human being.
These rights in one way or the other have been incorporated Into
its conventions, and recommendations by the International Labour
Organization. Most of these rights have been adopted in our Constitution even
though India did not ratify many of these Conventions.
Apart from these rights, in the 'Indian Context, we can see the other areas
where human fights as declared by the UN are recognized. An example is the
jail reforms and ' the judicial activism towards providing human conditions in
the jails in India. Most of the jails in India are crowded and difficult for the
authorities to provide the basic necessity for the prisoners However, social
activists brought out these inadequacies before the courts and the courts in its turn
have acted upon and tried to solve the menace to a great extent.
Another example is that of the releasing of bonded Labour , working in
stone quarries, in different parts of the country. That, here, again, the victims
could not bring their grievances before the notice of courts a partial from
ordering the release of these bonded labours, the courts went step further and
directed the state Governments to frame programs for the rehabilitation
of these poor people.
Hence we see that in India, the Constitution, .other statutes, and the
courts are trying to provide the rights which are universally accepted as basic
human rights.

12.14 KEY WORDS

Human Rights:. Rights declared to be so by the Universal Declaration

of human Rights, it declares among other things that all human beings are born
free and equal in dignity and rights.

Conventions and Recommendations : The text of the decisions of the

International Labour Organization adopted in the General Assembly
and circulated among the member nations for ratification and adoption in
the respective countries. On the basis of the conventions, the member States

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are bound to take steps to incorporate the principle provided by the
Convention into the local legislation, and they are expected to inform
the ILO :periodically the steps by them in this regard.

Human. fights Programme : An effort to recognize the right of individuals to

human values.

12.15 SELF -ASSESSMENT

1. What according to you are the Basic Human Rights?

2. How the various human rights declared by the Universal Declaration are
made by a reality in India?
3. Do you think that the Human rights as declared by the Universal Declaration
are guaranteed in India?
4. Write brief note on ;
a) Human Rights Programme of the U.N.
b) Suspension of Human Rights
c) Labour Legislation in India - Role of Human rights.

12.16 FURTHER READINGS:

Constitution of India : S, N. Johri, Industrial Jurisprudence (1984)
Metropolitan Book Co, P, Ltd. New Delhi,
M.L. Monga : Industrial Relations and Labour Laws in India (1984)
Deepa and Deep Publication, New Delhi,

Jagadish Swarup : Human Rights and Fundamental Freedom ,

(1975) N.M. Tripathi (LP) Ltd. Bombay,

S.N.Dhyani : International Labour Organization and India1977),

National Publishing H

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 UNIT-13
INTERNATIONAL LABOUR
ORGANIZATION-
(ACHIEVEMENT PROBLEMS AND PROSPECTS)

Objectives:
After going through this unit, you should be able to:-
 Know the achievements of international Labour Organization in general.
 Know the impact of international Labour Organization on Indian labour.
 Know the problems which I.L.O. is facing and its prospects.

STRUCTUTRE:

13.1 International Labour standards

13.2 International technical co-operation
13. 3 World employment programme
13. 4. Women workers
13. 5. ILO and International Peace.
13. 6 Tripartitism a means n achieve Social justice
13. 7 ILO and India
(a) Indian Legislation
(b) Labour movement
(c) Basic Human rights
(d) Employment of Women
(e) Employment of children & young reason
(f) Social Security
13.8 Problems and prospects
13. 9. Summary
13.10 Self assessment test

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 l3.l l. Key words
13.12. Further Readings

13.1. International Labour Standards.

One of the ILO's oldest and most important function is the adoption by the
tripartite (Governments employers-workers) International labour Conference of
conventions and Recommendation which set international labour standards.
Through rectification by member states, conventions are intended to create binding
obligations to put their provisions into effect. Recommendations have provided
guidance and policy, legislation & practice. Between 1919 & 1989 more than 168
conventions and l72 Recommendations were adopted by the ILO out of which 34
labour convention has been ratified by India. They cover many areas including
certain basic human rights. Labour administration, employment policy, working
conditions industrial relations Social Security, employment of woman employment
of children etc. The ILO has established a supervisory procedure to ensure the
application which is the most advanced of such international procedures.

13.2 International Technical-co-operation

To help and promote national economic and social development, some 700
ILO experts are at work on about 500 technical co-operation programs in more than
100 countries. They assists ILO member countries in such projects as:
1- Labour-intensive public works missions.
2. - Regional Vocational skills development programs.
3.- Building social security schemes in different countries of the world.
4.- Improving working conditions of labour in many countries'
5. - Assisting workers education.'

13.3. World Employment Programme

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 The ILO is conducting a world Employment Programme to help national &
international efforts to provide productive employment for the world's growing
population. During 196l the ILO extended its efforts under the world Employment
programme. Columbia received the ILO's first employment strategy mission in
l970.Under the World Employment Programme, the ILO gives practical assistance
to countries in selecting employment policies designed to lead to more work in
industry, rural development., public works and other scheme. To give world
Employment Programme an continuing frame work, True, Regional Scheme the
Asian Manpower Plan, the Employment Programme for Latin America and the
Caribbean, and the Jobs and skills Programme for Africa have been established. By
placing problems of employment strategy squarely in context of overall
development planning the mission have been able to contributes significantly to
the evolution of new Policy prospective of development'

13.4 Women Workers.

The ILO has shown a serious concern with the working women. The ILO
constitution provides for the protection of women. In Washington in l9l9 the
international of Labour Conference adopted international standards protecting
expectant mothers. In 1937 the International Labour Conference set down few aims
to protect. Women labour There are, Equal pay for Equal work. 2. The guarantee of
all Civil & political rights. 3. Legal maternity protection. 4. Better conditions for
finding employment.

ILO in Philadelphia charter in 1944 s gone deep into women's economic

rights & removal of discrimination against women in employment in 1951
International Labour conference as adopted a convention on equal pay for equal
work for women.

13.5. The ILO & International Peace.

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 True and lasting peace also depends upon social and economic well being of
the world's people’s decent living standard, satisfactory conditions of work and pay
adequate employment opportunities. these are the main concerns of ILO. From the
beginning ILO has tried its best to create better understanding, encourage
International co-operation, improve the working and living conditions of the
working class, In this way ILO has strengthen International peace and brotherhood.
ILO's efforts for International peace and brotherhood were. recognized by the
award of Nobel Peace Prize in 1969.
13.6 Tripartism a means to achieve social justice.

The ILO has succeeded in establishing partnership between employers and

workers' employers the workers and, the Governments have established a collective
community building procedure. All the three wings has worked together and forced
the people to improve conditions of workers and other weaker Sections of
community. The active participation of the elected representatives from different
countries has helped a lot to achieve social justice. The ILO is unique among world
organizations in that workers' & employers representatives have an equal voice
with those of Governments in formulating its policies. In 1964 the 48th session the
International Labour Conference unanimously approved condemnation of
apartheid. ILO approved programme for the elimination of apartheid in Labour
matters. The conference was adorned with the power to suspend from participation
of any member country which follows a policy of racial discrimination South
Africa had to leave the organization.

13.7. ILO & India

The ILO has influenced the course of Indian labour to great extent. Indian
Labour legislation is greatly affected by the ILO. Many important conventions
have been ratified by India and have been incorporated in the labour Laws of the
country. The Provision of employees State Insurance Scheme, Hours of work,
Occupational safety, Holidays with pay, Labour Welfare measures, Employment of
women and children etc, have been the result of ILO.

208
(a) ILO and Indian Labour Legislation.
ILO has greatly influenced the course of social and economic philosophy of
the world. ILO his injected the concept of social justice and has effected world
wide labour legislation. ILO has successfully encountered. Against exploitation,
inequality and, injustice. The ILO's has also directly or indirectly influenced the
Indian Labour legislation up to a great extent.

Prior to 1919 the state of Indian society was feudal and individualistic.
Labour legislation in India were more or less non-existent. The rules on Payment of
compensation, concept of Social Security, Social justice and payment of adequate
wages etc. existed in its primitive and ambiguous on stage, the emergence of ILO,
made a great change in the social field in India. A movement was started for
creating new social values for a state policy towards weaker sections of society.
.ILO conventions have greatly influenced the labour Legislation in India. Main
impressions of ILO can be seen as under.

 Workmen’s Breach of contract Act 1859 was a mended in 1920

 The Indian Penal code made Penal offence for the breach of contract to
service.
 ILO convention and Recommendations had a wide impact on the factory
legislation in India.
 Hours of work were controlled
 Factories Act 1948, controlled the hours of work.
 Night work (Women) convention 1919 was ratified by India in 1921. The
convention prohibit the employment of women during night.
 Weekly Rest (Industry) convention l92l was ratified in 1933.
 Weekly holidays. Act 1942, Motor Transport Workers Act 1961 etc.
Provides24 hour’s weekly rest.

Equal Remuneration conventional 195l was ratified by lndiain1958

Minimum Wage Act 1948, Workmen compensation Act1923.E, S.I.Act and Act
1947 are also influenced by the ILO convention.
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 Our constitution has also expressed its vote in favor of ILO, enshrining
Directive Principles of state Policy, articles 39,41,42& 43 lay down the policy in
the field of Labour have close impression of ILO Constitution and of the
Philadelphia charter of 1944.

Up to 1988 the International Labour Conference had adopted 159 conventions

and 169 Recommendations, These conventions and Recommendations guarantees
basic human rights, employment policy, Industrial relations, general conditions of
employment, the employment of women and children and social security. These
instruments have definitely harmonized the national measures. These conventions
have served as a basic for the important regulations in a large number of countries.
This influence has been mentioned in relation to India also. A brief description is a
under.

Basic Human rights in India: ILO has made a substantial contribution to

law and practice in the field of basic human rights. Out of 12 conventions elation to
basic human rights adopted by the ILO India has ratified four conventions. This
area-

S.No Con. No. Title

1 11 Rights of Association (Agriculture) convention 1921.
2 29 Forced Labour Convention 1930
3 100 Equal Remuneration Convention 1951
4 141 Rural Worker’s Organization Convention 1975

Employment of Women, Out of Seven convention adopted by the ILO

relating working women, our country has ratified five conventions.

S.No Con. No. Title

1 4 Night work (women) convention 1919
2 41 Night women) Convention Revised 1934
3 45 Underground work (Women) Convention,1935

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 4 89 Rural Worker’s Organization Convention 1975
5 100 Equal Remuneration Convention 1951

As regard working women a number of legislative measure have been enacted

for their favor. The Maternity Benefit Act, 1961, Beedi & Cigar workers Act, 1966.
These Factories Act, 1948 and The Equal Remuneration Act, 1976, all these
legislation have no doubt taken inspiration from ILO.

Employment of Children &Young persons. In this filed India ratified three

conventions:-

S.No Con. No. Title

1 5 Minimum Age(Industry) Convention 1919
2 6 Night work of young persons (Industry) Convention1919
3 123 Minimum age (underground work) convention 1965

Our statutes like Factories Act, 1948. Plantation Labour Act, 1951 & Mines
Act, 1952 are in conformity with the ILO standards. The Factories (Amendment)
Act, l987 has special provision for hazardous process and employment for young
person.

Social Security: On Social Security India has rarified 4 conventions;

S.No Con. No. Title

1 16 Workmen’s compensation occupational diseases, 1925
2 19 Equality of treatment (Accident Compensation), 1924
3 42 Workmen’s compensation (occupational diseases (Revised)
1934.
4 118 Equality of Treatment (social Security), 1962.

India has done a lot in the field of Social security legislation some important
piece of legislation are:-

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 The workmen’s compensation Act, 1923,The E.S.I. Act, 1948, The Maternity
Benefit Act, 1961, The employers’ Provident Funds and Miscellaneous Provision
Act, 1952 and The Payment of Gratuity Act, 1972. Going through the above we
can rightly say that the ILO is peacefully engaged in Building a world through a
peaceful change without harming human dignity. ILO has a very deep social
significance and relevance for the world especially to the developing Societies. The
impact of ILO activities in the world at large is very clear. The last we can safely
conclude that the ILO has greatly influenced on the course of events in the labour
field in India.

(b) ILO and the Labour Movement in India.

The ILO has given a boost Lo the Labour movement in India. The ILO
has created sense of solidarity among the workers. It has connected Indian
Labour with other Countries. The ILO has supplied information to them by
means of periodicals, labour reports etc. The ILO has removed the feeling of
isolation among the Indian Labour. The organization has inspired Indian
Labour for class struggle through trade unions. The Indian labour movement
was benefited by International experiences through ILO. It is True to say that
without LL.O. The Indian Labour Movement, perhaps, would have not
progressed so rapidly.

13.8 Problems & Prospects.

Because of the continuing new problems and challenges of each time and
generation the objectives of any organization cannot remain static. ILO also faces
the same problem. Although the organization is encountering the problem
satisfactorily. Some more problems which I.L.O. is facing can be enlisted as:-
1. The advancement of technology and its implication.
2. The growth of Trade unions in developing countries and its implication upon
the labour relations.
3. The various issues affecting the conditions of labour.

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 4. Better utilization of labour force for economic development.

The ILO has two goals the maintenance of the world peace and the
establishment of social justice. For carrying its work for pace through social justice
ILO should give special attention on some of the following problems which are as
under:-

1. Need to change the structural frame work of ILO:-

The workers should get real participation in the organization; their
representation should be one third. Further the private and public sector workers
representation should also be proportional.

Financial Improvement: - The ILO finances should be enhanced. The shares

of the. Member countries should be increased private sector organizations can also
be included for raising the funds.

Revision of standard. New needs, imbalances and social change with the
passing time make the convention old and useless. International labour standard
and other deeds I.L.O. should be regularly updated. The ILO agencies should work
to get revision audit of the implementation of its instruments. In each member
country there should be committee to see and judge the implementation, of I.L.O.
standards.

Regional Approach: - ILO should work on regional approach. Policies

should farm and reviewed on the regional basis. Organization standard setting
methods should be flexible Many of the existing convention arc not of much use to
the developing countries and that in the reason why India has ratified only 35
conventions.

Flexibility needed: - It is said that the number of convention ratified by India

is small. Non ratification has not been due to the unwillingness of the Government
but rules of ILO are responsible for it. The rule requires that convention must be
ratifying without any change, it should be accepted as it is. This rigid rule should

213
 be changed that convention may be adopted as per the requirements and means of
the member country.

To conclude we can say that, the ILO must search for more examine
problems and their solution. It must define more accurately and must develop more
effective procedure for anointing such benefits.
Role of ILO:
The International Labour Organization (ILO) deals with the whole range of labour
issues. It attaches particular importance to basic economic and social as well as
civil and political rights, as an essential element to improve the conditions of
workers. It endeavors to implement these principles by adopting standards on
subjects of concern. These ILO standards take the form of international labour
conventions and recommendations.
ILO’s Conventions are international treaties, subject to ratification by ILO Member
States, whereas recommendations are non-binding. Until January 2010, 188
conventions have been adopted by the ILO. The application of international labour
standards is subject to constant supervision by the ILO. Due to its long-standing
experience but also because of its unique tripartite structure (bodies are composed
according to the 2+1+1 formula: two government representatives and one
representative each of employers’ and of workers’ associations), the procedures of
adopting and implementing ILO conventions form part of a most effective
mechanism for the protection of human rights within the UN system.
According to the 1998 ILO Declaration on Fundamental Principles and Rights at
Work and its Follow-up, all ILO Member States have an obligation to respect, to
promote and to realize, in good faith and in accordance with the Constitution, four
categories of principles and rights at work, even if they have not ratified the ILO
Conventions to which they refer:
 freedom of association and the effective recognition of the right to collective
bargaining;
 the elimination of all forms of forced or compulsory labour;
 the effective abolition of child labour; and

214
 the elimination of discrimination in respect of employment and occupation.
These fundamental principles and rights at work are universal and applicable to all
human beings in all States, regardless of the level of economic development. They
are the essence of the eight „core“ ILO Conventions, which express in more detail
and in a formal legal structure the scope and content of these fundamental
principles and rights:
 Convention No.87: Freedom of Association and Protection of the Right to
Organize, 1948;
 Convention No.98: Right to Organize and Collective Bargaining, 1949;
 Convention No.29: Forced Labour, 1930;
 Convention No.105: Abolition of Forced Labour, 1957;
 Convention No.138: Minimum Age Convention, 1973;
 Convention No.182: Worst Forms of Child Labour, 1999;
 Convention No.111: Discrimination (Employment and Occupation), 1958;
 Convention No.100: Equal Remuneration, 1951.
All ILO Member States which have not yet ratified those eight core conventions,
must report annually about the progress being made.
The regular supervision of ILO conventions encompasses measures such as
required reporting activities of each Member State of the ILO at regular intervals.
These reports are first examined in closed meetings by the Committee of Experts
on the Application of Conventions and Recommendations (CEACR) composed of
20 independent legal experts which meet every November. The Committee of
Experts comments are made in the form either of observations, which are
published in the Committee’s report on the Application of Conventions and
Recommendations, or of requests dealing with more technical questions, addressed
directly to the Governments, which remain unpublished. The Committee’s report is
then considered at the annual session of the International Labour Conference by a
tripartite Conference Committee on the Application of Conventions and
Recommendations ("Committee on Application of Standards").

215
In addition, Member States have the obligation to submit reports on conventions
they have not yet ratified showing the position of the law and practice in regards to
the matters dealt with in the conventions and indicating the difficulties having
prevented or delayed ratification (each year a limited number of conventions are
selected for this procedure). The information supplied provides the basis for a
separate report of the Committee of Experts - a general survey of the subject in
question. In parallel with these regular supervisory mechanisms, there is
a complaint procedure for governments and ILO delegates to examine allegations
that the provisions of a ratified convention are not effectively being observed in
one country.31

13.9 Summary

In this unit we have discussed the main achievements of I.L.O., problems

and prospects. First of all we have discussed the ILO's achievements in general. we
have discussed about the international technical co-operation, world Employment
Program as given by the ILO. We have also discussed ILO and its International
peace concern about Workmen workers, Social Justice is the main concern of ILO.
How ILO is heady towards its main goal it has also been discussed thoroughly. The
unit specifically deals with the impact of ILO on India. Influence of the ILO on
Indian Labour, Labour Movement, Labour Legislation have also been discussed,
The unit also shows that how ILO affected basic human rights, Employment of
women, Employment of children, and Social security specially in India. We have
also discussed and shown the ratified conventions our country in the above fields.
Further we have discussed the problems which ILO is facing while doing its good
deed. In the last we have discussed few suggestions and future prospects of ILO.
Achievements of ILO:
True and lasting peace depends upon the social and economic well being of
the. world's people-decent living standards, satisfactory condition of work and pay,
adequate employment opportunities are the main concern of the ILO which has
worked hard since is origin to promote social justice for working people

31
http://www.claiminghumanrights.org/_ilo.html

216
everywhere. Yet the ILO has done much but much more is to be done. The ILO has
engaged itself in such activities as:-
1. The framing of International policies and programs to help, improve
working & living conditions enhance employment opportunities and
promote basic human right among working class.
2. The formulation of Internal labour standards to serve as guide-lines for
national authorities in putting these policies into action.
3. Extensive programs of international technical co-operation to help
government in making these policies effective in practice
4. Training, education, research and publishing activities to help advance all
these efforts.
13.10 Self-assessment test.

l. Write a note on the achievements of the ILO.

2. Discuss how ILO is heading towards the attainment of Social
Justice.
3. Write a note on ILO and India.
4. Write a note on the achievements Problems and prospects of ILO.
13.11 Key words.
Tripartitism: - The Participation of the employer, the workers and the
Government.
Declaration of Philadelphia: - The aims and objectives of the ILO were
refined the International labour Conference in the declaration of Philadelphia in
may 194
13.12Further Readings

o S.N. Dyani, International Labour Organization and India -In

pursuit of social justice.
o R.C. Saxena. Labour problems and social welfare. Indian Labour Journal.

217
 UNIT-l4
Tripartism -Part I
Objectives :
After going through this study, you will be able to:
 Appreciate the origin, concept and forms-of Tripartism in industrial
relations;
 Understand the areas of operation and the conditions for the successful
functioning of the Tripartism;
 Examine the role played by the Tripartite machinery in India and necessary
suggestions to make the effective functioning of the non-statutory bodies for
maintaining good industrial relations
Structure :
14.1 Introduction
14.2 Tripartism and Its Forms
14.3 Areas of operation of Tripartism
14.4 Preconditions of Successful Tripartism
14.5 Tripartite Machinery in India
(a) Origin and Objects
(b) Indian Labour Conference and Standing Labour Committee
(c) Indusial Committees
(d) Wage Boards
(e) State Labour Advisory Boards
14.6 Other Tripartite Bodies
14.7 Concluding Remarks
14.8 Self-Assessment Test
14.9 Suggested Readings
14.1 INTRODUCTION

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 Besides what the statute, i.e., the Industrial Disputes Act, 1947, provides,
the parties to the industrial disputes can adopt certain norms for the prevention and
settlement of various labour issues. This is the basic reason that industrial relations
in our country have been shaped largely by principles and policies evolved by and
through tripartite consultative machinery (non-statutory bodies) at the industry and
national levels. The process of consultation was itself the outcome of a realization
of the futility of directing the relations between employers and workers without
their participation. The Tripartite machinery or the non-statutory bodies exist at
different levels, such as, the Indian Labour conference and the standing Labour
committee at the national levels. Wage Boards and Industrial committees at the
industry level and state Labour Advisory Boards at the State level. The Primary
purpose of work these bodies are to out the guiding principles of the relations
between employers and employees in order to maintain peace and harmony in the
industry. The role of these tripartite bodies has been outlined in the Third Five-year
plan as follows:

"The labour policy in India has been evolving in response to the specific
needs of the situation in relation to industry and the working class and has to suit
the requirements of a planned economy. A body of principles and practices has
grown up as a product of join consultation in which representatives of Government,
the working class and employers have been participating at various levels. The
legislative and other measures adopted by Government in this field represent the
consensus or opinion of the parties vitally concerned and thus acquire the strength
and character of a national policy, operating, on a voluntary basis. Joint committees
have been set up to assist in the formulation of policies as well as their
formulation." (See Third Five-year plan, p. 250)

The non-statutory bodies do not deal with any specific dispute between
employers and employees in a particular industry and, therefore, they cannot be
said to constitute dispute-settling machinery. Many important issues likely to cause
tensions in industrial relations or result in specific-industrial disputes are brought
for discussions before them. Such discussions and conclusions if any, not only help
the public authorities in the formulation of their labour policy, but also clarify and
modify the thinking and attitude of the employers, the workers and their
219
organizations. Thus, the contribution of these bodies to the maintenance of
industrial peace, though imperceptible and general, is no less significant. That is
why a discussion of the working of these bodies and the operation of tripartite
system is thought relevant in this study.
14.2 Tripartism and its Forms
(a) Tripartism- Inspired by the traditions of the International Labour
organization (I.L.O.). which emphasized consultation and co-operation
between employers and employees with the good office of the Government;
the Tripartism has now come to be accepted as the best system with the
principle to meet the challenges posed by the growing complexities of
labour, problem in India. It is based on voluntary co-operation in which
representatives of employers and the Government participate at different
levels to sort out the various labour issues. Tripartite consultation and co-
operation are, therefore, considered as the core of our industrial relations
system. In this regard, the Third Five-Year Plan has made the following
significant observation. "our Labour Policy and legislation represent the
consensus of opinion of parties directly concerned and acquire the strength
and character of national policy operated on a voluntary basis".
Accordingly, a number of tripartite bodies have been set up as forums for
discussions and consultations.

The need for Tripartism on Labour matters on the pattern set by the I.L.O.
was recommended by the Royal Commission on Labour in its report submitted in
1931. It envisaged a statutory organization which should be large enough to
ensure the adequate representation of the various interests involved but at the same
time the organization should not be too large to prevent member’s front making
individual contributions to the discussions. This recommendation did not come up
for implementation during the first ten years after it was made. It was, however,
for the first time in 1936 that the first Conference of American States members of
the I.L.O. thought of direct representation of the workers and employees
organizations in various industries in matters of conditions of employment,
economic and financial administration. Then again, in 1946 and 1952, Tripartism

220
was favored in matters of conciliation and arbitration and collaboration was
sought of public authorities with the workers and employers bodies. In subsequent
years emphasis was laid on the potential role of participation for development
planning.

The special role of employers and workers in the system of production, the
link of common interest that inevitably exists both between the two sides of
industry and between them and governments and the interest of the later in
promoting industrial peace are the three factors that together provide a firm and
natural basis for the creation of an extensive system of tripartite co-operation.
Tripartite co-operation is generally resorted to when difficulties are encountered in
the application of some aspects of social policy or when a crisis crops up. It is a
basic form of consultative and social participation machinery that can be adapted
to the specific conditions of a country and is equally applicable to state
enterprises, co-operatives and enterprises with self-management as well as to all
categories of workers. The concept of Tripartism can, thus, be applied to different
types of subjects and with widely varying powers.

(B) Forms of Tripartite Co-operation

(1) An informal consultative machinery is generally set up by the government

in a period of crisis or when a change in social policy is contemplated. This
is an institutionalized form of participation.
(2) There are permanent bodies to associate the forces of production on a broad
continuing basis in administration and development. There is a deliberate
search for agreement, regular formation and sustained consultation between
the parties. The government between the two basic forces exercises its
moderating and unifying functions. All the three groups deal with problems
as they arise out of their interaction. When informal contracts between a
government and the workers and employees organizations are frequent and
have gradually promoted a climate of mutual recognition, formal system of
co-operation can be introduced without great difficulty and with definite
prospects of effectiveness and durability.

221
14.3 Areas of Opearation of Tripartism :

1. In matters of wage fixation and revision, those responsible for making a

decision should know and weigh the views of those in industry. There is more
likelihood of minimum being acceptable if it is the result of a democratic
process of consultation and discussion where the parties know that their views
have been solicited.

2. Fixing conditions of employment and allocation of profit sharing and to control

productivity, prices and incomes.

3. Settlement of labour disputes through conciliation and arbitration. Tripartism

co-operation is mainly used to deal with problems before they develop into
formal disputes. National Commission for industrial Peace in the United
States, the Recognition and Certification Board in Trinidad and Joint Industrial
Council in Jamaica are such examples.

4. Participation is also needed in the field of social insurance covering its

management, supervision and control. A tripartite system enables the social
groups sharing in the reaction of the basic assets of the insurance system to see
that a service in which all have a direct interest is run properly.

5. In the field of human resources, planning and development tripartite bodies are
created like the Manpower Boards, Employment Commissions, Human
Resources Councils to co-ordinate and advise the executive and research
bodies in the public administration'

6. Its Many countries tripartite commissions have been appointed for codifying
labour laws or consultations have been organized with the two sides of
industry in connection with the drafting or revision of labour legislations.

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 7. The participation of employees' and workers' organizations in planning bodies
is more recent and acceptable. Since planning is indicative as regards the
private sector', it is necessary to be able to rely on this sectors' co-operation for
full implementation of the plan. Moreover private sector Co-operation helps to
give greater emphasis to innovation, commitment and drive in planning and
this is conducive to proper orientation and greater impetus in economic
growth. Inclusion of the organizations in the planning system avoids the risk of
over centralized planning.
14.4 Preconditions of Successful Tripartism

Though Tripartism is said to be good but the principle involved is all too
frequently misapplied, or difficulty is encountered in putting it into practice. No
proper tripartite co-operation can exist unless the certain requirements and
conditions mentioned below are fulfilled.
a) The trade unionist, on the one hand, and employers on the other should be
reasonably well organized.
b) They should be able to operate in full freedom, with due recognition for the
responsibilities they have to shoulder.
c) Their proper representation presupposes capable leadership in guiding sufficient
numbers.
d) Freedom of association is vitally important if the occupational organizations are
to be able to negotiate validly with government.
e) Tripartite co-operation presupposes continuous two-way communication
between the Government and the workers, between it and employers, and
between the latter and the workers
f) The participants must be well qualified and trained because the efficiency of co-
operation depends on what grasp the individuals concerned have of problems
affecting their organizations.
g) It should be ensured that the people holding seats on tripartite co-operation
bodies really represent their organizations.

The labour activities particularly in regard to minimum wages social security,

the solution of labour disputes, vocational and other forms of training, occupational

223
safety and health, employment planning and management development, as well as
regulations concerning the work of women and young persons, arc all subjects
which are especially suitable for tripartite co-operation It is hardly necessary to add
that particular importance should be attached to the creation of national labour
councils of examining the proposed laws and statutory instruments on labour
matters prepared by public authorities and giving an opinion either prepared by
public authorities and of giving an opinion either at the request of the government
or on their own initiative.
Employers' organizations can discharge their roles and participate effectively in
Tripartism only if certain pre-conditions are fulfilled. First, employers need to unite
and make their organization representative of employer interests. It is less effective
where individual employers seek to influence policy and legislation. If the
organization is not adequately representative, its views will tend to be ignored since
they would not be considered as reflecting the views and concerns of employers as
a whole. Second, the organization should be highly 'professional' - it should have
the means (staff, knowledge, skills) to prepare, support and debate positions. In
order to be 'professional', a high level of staff skills and capacities is necessary.
These requirements are also relevant in making the organization representative
through increased membership. In a democracy, employers' organizations, unlike
workers' organizations, will not be listened to or taken cognizance of especially by
politicians, on the basis of votes which the organization could influence. Therefore
employers' organizations in such countries have to depend on their
representativeness and professionalism, though no doubt their political connections
(like those of unions) also count. Third, labour and social policy, like economic
policy, has to be formulated on relevant facts and data. Consequently, employers'
organizations must possess the ability to support their positions with relevant data
and information which is possible where such organizations have the capacity for
research and information collection, and for analysis of that information. This is
important not only to influence the other two constituents in a particular policy
direction, but also to win public support for their position on any given issue.
Fourth, sound bipartite relations with representatives of employees enhance the
possibility of achieving a consensus on national development goals, the means to
achieve them, and on labour relations issues which are addressed through tripartite

224
processes. Fifth, governments should be willing to consult with employers and take
into account their concerns. 32

14.5 Tripartite Machinery in India

(a) Origin and Objects- The idea of instituting tripartite machinery (non-
statutory body) in India is not new. The Royal Commission on Labour (popularly
known as Whitley Commission) recommended "the constitution by statute of
organization by which representatives of employers, of labour and of Government
would meet regularly in conference". However, nothing was done until the Second
World War. During the second world war, the urgent necessity of maximizing
industrial production brought about a sense of urgency in evolving measures
conducive to industrial peace. The first step in this direction was the convening of
an All-India Conference in January, 1940. Such a Conference was again held in
1941 and 1942 but till then only Government representatives were invited to the
Conference. The Fourth Labour Conference was held in August, 1942 when
representatives of employers and workers were also invited to take part in the
conference. That gave birth to the 'tripartite machinery created due to the
exigencies of war with certain objects. The prime aim of this machinery was to
bring the parties to industrial disputes "together for mutual settlement of
differences in a spirit of co-operation and good will”. The other objectives set at the
time of inception of the Tripartite Machinery in 1942 were: (1) promotion of
uniformity in labour legislation (2) laying down of a procedure for the settlement of
industrial disputes and (3) discussion of all matters of all-India importance as
between employers and employees.

The system of Tripartism (joint consultation) in India could not develop

adequately before Independence mainly because of the illiteracy, migratory
character and lack of proper organization of the workers. After 1947 and with the
initiation of Five Year Plans greater emphasis was laid on higher production and
workers interests began to attract greater attention. The Industrial Disputes Act,
1947 provided for the establishment of works committees at the level. The First
32
http://www.ilo.org/public/english/dialogue/actemp/downloads/publications/srstripa.pd

225
Plan emphasized the need for joint consultation (Tripartite Machinery) in industry
but no significant effort was undertaken in this Correction. The origin of the
tripartite or consultative machinery at various levels may be said to have
commenced from the initiation of the Second and Third Plans, particularly 1957.

The tripartite or consultative machinery in India now exists at every level,

i.e. undertaking, industry, state and national. At the undertaking level, there are the
joint committees, joint management councils. At the industry level, there are wage
boards and industrial committees to deal with specific problems of Labour that
arise from time to time in particular industries. The Labour Advisory Boards
function at the State level and at the National level there are the Indian Labour
conference and tire standing Labour Committee etc.

(b) Indian Labour conference and standing Labour committee-The Indian

Labour conference (I.L.C.) and the Standing Labour committee (S.L.C.), patterned
after the I.L.O., are tripartite in character consisting of representatives of the Centre
and State Governments, employers and workers. Both of them were set up in 1942
with the initial membership of 44 of the Indian Labour Conference and 20 of the
Standing Labour Committee. The composition of the I.L.C. and S.L.C. was
originally based on the model of the International Labour Conference and the
Governing Body of the International Labour organization, respectively, i.e., both
bodies were expected to ensure equal representation of the employers and workers,
and the ,representatives of the government being equal to those bf the employers
and workers taken together As a result of the reorganization of states in 1956 the
demand for representation by employing ministries and public-sector corporation
and the emergence of new national centers of trade unions, the composition of
both the bodies has undergone a series of changes in the course of time and there is
no precise fixity in their strength and composition today.

A delegate to the Indian Labour Conference is authorized to bring two

advisors lone official and the other non-official) with him, but the advisers are not
allowed to participate in the discussions, unless authorized by the member
concerned and permitted by the Chairman. Decisions in these national bodies are
arrived at on the basis of a consensus arising out of the discussions rather than on
226
formal voting, although a provision exists in the rules of both the Indian Labour
Conference and the Standing Labour Committee for taking decisions by a two-third
majority.

The Indian Labour Conference was instituted to advise the Government of

India on matters brought to it by the Government. In the early stages, the Standing
Labour Committee made deliberations on its Own or on matters sent to it for
consideration by the Indian Labour Conference, which in turn made the final
recommendations. In the course of time, both became deliberative bodies. the
difference remained only in the degree of representation. The scope of the
deliberation of both the bodies is confined mainly to Labour matters in the country.
The agenda for the discussions is prepared by the Ministry of Labour, Govt. of
India, after taking into account the suggestions made by the member organizations.
The I.L.C. meets annually, but the S.L.C. meets as and when necessary.

The Indian Labour conference and the standing Labour committee have
facilitated enactment of central legislations on various subjects to be made
applicable to all the stares of Indian union in order to promote uniformity of labour
legislation which was an important objective to be served by these tripartite bodies.
The tripartite deliberations have helped to reach a consensus on statutory minimum
wage fixation (1944), introduction a health insurance scheme (1945) and provident
fund scheme (1950) leading to the passing of the three important central labour
laws, viz. the Minimum Wages Act, 1948, the Employees State Insurance Act, l948,
and the Employees, Provident Fund (and Miscellaneous Provisions) Act, 1952

The I.L.C. and S.L.C. have also Contributed much to the formulation of the
procedure for the settlement of industrial disputes. The procedure of setting
industrial disputes as envisaged in the Industrial Disputes Act, 1947 is a direct
outcome of the deliberation of these bodies. The Code of Discipline in Industry,
1958 and the Code of Conduct evolved at the 16th session of the I.L.C. have also
played an important role in influencing the pattern of Industrial relations. Besides,
there is a wide range of subjects discussed at these forums and various social,
economic and administrative matters concerning labour policy are brought before
the tripartite. Apart from these achievements, their contribution to some labour
227
matters has suffered because certain far-reaching decisions were taken by them
apparently without adequate internal consultation within the groups forming the
tripartite. Tire popular criticism against third party intervention came up for
pointed discussion more than once in the tripartite deliberation, but the consensus
continued to be in favor of adjudication. In recent years, increasing absence of
unanimity in tripartite conclusions has been a cause for great concern.

(c) Industrial Committees -The decision to constitute Industrial Committees

to discuss "various specific problems special to industries covered by them and
submit their report to the conference, which will co-ordinate their activities,' was
the outcome of tire tripartite deliberations the ILC in 1944. Although no rigid
constitution was laid down in respect of these committees, the policy of their
remaining tripartite in character and equal representation of employers and workers
was accepted. Within the framework of this broad policy, the actual composition is
decided afresh each time a meeting is convened. The first such committee was set
up in 1947 for plantations. At present industrial committees are in operation-for
plantations, coal mining, cotton textiles, cement, tanneries and leather goods
manufacturers, mines other then coal, jute, building and construction, chemical
industries, metal and steel, road transport, engineering industries, metal trades,
electricity, gas and power, and banking. Meetings of Industrial committees are,
however, not held regularly; these are convened as and when required. The
Industrial committees, particularly those for plantations, coal mining and jute
tektites cement and iron and steel have played a notable role by way of proposing
agreed solutions to many pertinent issues concerning the respective industries. Ali
the Industrial Committees are non-statutory bodies.

(d) Wage Boards -Another major development in the field of industrial

relations in recent years is the constitution of Wage Boards in some industries.
Wage Boards are not statutory bodies. The constitution of these Boards is the
extension of the tripartite principle to which the government, employers and
workers are committed and is in keeping with the policy laid down by the Planning
commission. commenting on the Wage Policy in the second Five-Year Plan, the
Commission had observed "Existing machinery for the settlement of, disputes
relating to wage and allied matters, namely, the Industrial Tribunals, has not given
228
full satisfaction to the parties concerned. A more acceptable machinery for settling
wage disputes will. be one which gives the parties themselves a more responsible
role in reaching decision.
In view of the growing importance of the wage board system in preference to
tribunals. The Third Five-Year Plan also recommended giving it a further
encouragement. The first non-statuary Wage-Board was set up for the cotton textile
industry in1957. By now, Wage Boards have come to be set up for a number of
industries including cotton, textile, sugar, cement, jute, tea plantation, coffee
plantation, rubber plantation, iron and steel, coal mining, iron ore mining,
limestone and dolomite mining, engineering ports and docks, on-journalist
employees, leather and leather goods ,electricity undertakings and road transport.

A Wage Board consists of an impartial chairman, two other independent

members, and two or three representatives of employers and workers each. The
Boards are purely recommendatory bodies and are dissolved after they have sub
mined their recommendations. The most important function performed by a Wage
Board is to determine & categories of employees who should be brought within the
ambit of the proposed wage fixation, to work out a wage structure based on the
principles of fair wages as set forth. in the Report of the Committees on Fair Wage,
and bearing in mind the desirability of extending the system of Payment by results.

In some cases, Wage Boards have also been asked to deal with such
questions as gratuity, hours of work and bonus. Numerous wage disputes, which
were hitherto resolved in a scattered way, have come to be resolved uniformly at the
industry level as to suit the operation of Wage Boards. A study of working of Wage
Boards indicates that these Boards work mainly as forums of collective bargaining
at the industry level. It is also observed that the working of the Wage Boards have
not always been expeditious, implementation of their awards have been found
inadequate, the pressure exercised by price rise during the last few years tended to
create a sense of impatience and this impatience was compounded by the
competitions among the rival unions to capture the minds of the workers by raising
wage disputes.

229
 (e) State Labour Advisory Boards- The state Labour Advisory Boards on the
pattern of the Indian Labour Conference have been set up in almost all the States
in the country, In these Boards also, parity in representation of employers and
workers has been maintained. "These Boards provide a forum for the
representatives of Government, employers and employees to discuss problems so
as to maintain and promote harmonious industrial relations and to increase
production. These Boards advise the state Governments on all matters relating to
labour". The experience has shown that these Boards have contributed much in
resolving many labour issues, particularly in the fields of industrial relations and
labour welfare.
Indian Tripartite Committees:
The decision to constitute Industrial Tripartite Committees (ITCs) was the outcome
of tripartite deliberation at the Indian Labour Conference in 1944 over demarcation
of general subjects discussed at the ILC and their relevance to different industries.
Following the procedure adopted by the ILO, the Government of India set up
Industrial Tripartite Committees for different industries. The functions of the
Industrial Tripartite Committees in general are to study and discuss problems in the
labour field specific to the industry concerned with a view to bring about better
understanding between the parties and to advising the Government in solving these
problems and reach a workable formula agreeable to the parties concerned. The
meetings of the Industrial Tripartite Committees are convened as and when
necessary. At present the following ITCs have been constituted:

1. Industrial Tripartite Committee on Plantation Industry

2. Industrial Tripartite Committee on Road Transport Industry
3. Industrial Tripartite Committee on Cotton Textile Industry
4. Industrial Tripartite Committee on Jute Industry
5. Industrial Tripartite Committee on Electricity Generation & Distribution
Industry
6. Industrial Tripartite Committee on Engineering Industry

230
 33
7. Industrial Tripartite Committee for sales promotion employs

14.6 Other tripartite Bodies

In addition to the ILC(Indian Labour Conference), SLC(Standing Labour

Committees), Wage Boards, Industrial Committees and Advisory Boards, other-
tripartite bodies have also been functioning I at the Central and State level to deal
with specific subjects like the National Council for training which is concerned with
training and the central Committee on Employment with the employment matters.
There is a committee on Conventions to review periodically the position with regard
to the ratification of ILO Conventions and the application of International Labour
Standards. This Committee is a three-men tripartite committee set up in 1954 to
review various ILO conventions and to explore the possibility of ratifying them.
There is a steering committee on Wages appointed in 1956 to help in matters of
framing a wage policy. Then, there is a Central Board of Workers' Education to
encourage the growth of strong and well informed Trade Union Movement
conducted by workers themselves on responsible and constructive lines. This
consists of representatives of employees and workers, Central and State
Governments.

There is a Central Advisory committee on Employment to advise the

Ministry of Labour on problems relating to employment opportunities and the
working of the National Employment Services. Then, there is a National
Productivity council for initiating a productivity movement in the country consisting
of representatives of the Government, employers' associations, labour organizations
and certain independent experts. This was established recognizing the role that a
productivity drive can lead to an increasing national wealth per capita income and
production per unit of the capital invested. However, wide variations exist in the
nature or type of these bodies.

33
abour.gov.in/content/division/committees-ir.php

231
 Amongst the important tripartite committees functioning in the States are
Implementation and Evaluation Committees, Committees for particular industries
(on the pattern of Industrial Committees at the Central level) and Labour Welfare
Boards or committees. some of these are permanent, while others are constituted as
and when necessary. The Code of Discipline, the workers education scheme
workers participation in management policy etc. have all been the result of
tripartite deliberations.

All important legislative proposals and the suggestions to amend the

existing law on labour matters are discussed in the above tripartite bodies. The
above said voluntary arrangements evolved largely by way of filling the gaps in the
law have worked well only during the period of economic dependency but as the
economy itself developed strains and passed through a phase of slow down the
voluntary measures failed increasingly and resulted in industrial unrest. Efforts are,
therefore, being made that most of these voluntary measures be statutorily
recognized and strengthened if some fruitful result is to be achieved.

14.7. Concluding Remarks

It can be concluded that the tripartite consultation has its value for setting
uniform 'norms' to guide industrial relations. The ILC, SLC and Industrial
Committee must remain advisory in character. The conclusions or
recommendations reached by them should be treated as deserving every
consideration, Further; to make the process of reaching consensus more
consultative, the Government should restrict its influence on tripartite deliberations.
The National Commission on Labour (1959) has recommended that tripartite
discussions should be taken in two stages on the lines of the procedure followed by
the ILO. There should be a preliminary but detailed discussion on the subject in the
first stage. The conclusions recorded at this preliminary discussion should be
widely publicized and comments on them encouraged. On the basis of these
comments the tripartite should frame its recommendations in the second round of
discussions. Industrial Committees should meet more often to examine specific
issues connected with the concerned industry. Such general decisions, as are taken

232
in the ILC or SLC, should be tested for their applicability in industrial committees
and difficulties in implementation should take back to general forum.

Inspire, of the important role played by the tripartite bodies in the

formulation and administration of labour policies, the implementation of their
decisions has remained a vexing problem. It has not been an easy task to secure the
implementation of their decisions. Being non-statutory, their decisions are nor
legally binding on the parties. They exercise only a moral influence and depend for
their implementation on the sincerity and sense of responsibility of the parties
concerned. Complaints regarding the violation of tripartite agreements continue to
pile up in the Implementation and Evaluation Divisions Of the Central and state
Governments. Even the Government does not consider itself bound by these
decisions. The Government's indifference weakens the force of tripartite decisions
and agreements and therefore, it is indeed very difficult to persuade employers and
employees to abide by them, thus, the tripartite machinery is not free from
shortcomings. The Sixth Five-Year Plan has emphasized the need to strengthen the
tripartite consultative machinery so that it may be possible to evolve a broad frame
work of labour policies and programs. This, according to the Plan, should be done
in consultation with Trade Unions management and government. ‘In order to make
the process more effective, it suggested that "the communications and information
sharing system should be enlarged and decisions arrived at after proper consultation
should be implemented with the utmost expedition”. It is hoped that proper and
effective measures would go a long way to minimize friction and maintain industrial
Peace.

14.8 Self-Assessment Test

On the basis of above discussion of the various aspects in this study, you will
be able to answer the following questions:

1. Explain the concept, evolution and forms of Tripartism in India.

233
 2. Indicate the areas of operation of Tripartism. Explain briefly there
requirements/ conditions necessary for the successful operation of this
system.

3. State briefly the origin and objects of the Tripartite Machinery in India.

4. Describe the function and the role of the Indian Labour Conference and
Standing Labour Committee. What suggestions have been made by the
National Commission on Labour to strengthen these bodies for their role to
be more effective in maintaining and industrial relations?

5. Write a detailed note of the following:

1) Industrial Committees;
2) Wage Boards;
3) State Labour Advisory Boards and
4) Other Tripartite Bodies at Central and State level.

14.9 Suggested Readings

A. Book
1. Dr.Bhagoliwal 19821982 Economics of Labour and Industrial
T.N.
Relations (Sahitya Bhawan,. Agra)
2. Dr. Srivastava S.C. 19831983 Industrial Relations Machinery
(Structure, working and the law), Deep &
Deep, New
Delhi.
3. Dr. Agrawal S.L. 19801980 Labour Relations Law in India, (The
Macmillan Company of India Ltd.
New Delhi).
4. Dr. Kapoor T.N. 19681968 Personal Management and Industrial

234
 Relations in India (M/s N.M. Tripathi
Pvt.
Ltd., Bombay)
5. Sinha P.R.N. 19801980 Wage Determination (Oxford & I B H
Publishing Co., New Delhi)
6. Sinha & Sinha 19771977 Industrial Relations and Labour
Legislation (Oxford & I B H Publishing
Co., New Delhi)

B. Reports

1. Govt. of India, Report of National Commission on Labour (1969), New

Delhi.
2. Govt. of India, Five-Year Plans, New Delhi.
3. Govt. of India, Annual Report of the Ministry of Labour, New Delhi.
4. Govt. of India, Consultative Machinery in Labour Field, New Delhi.
5. Govt. of India, Tripartite Conclusions (1962-67), New Delhi.

235
 UNIT-15
Tripartism - Part II
Objectives :
After going through this study, you should be able to:
 Appreciate the concept of voluntary arbitration, its importance and Labour
Policy under the Five-Year Plans.
 Examine the processes involved under the scheme of Industrial Disputes Act
and the relevant judicial decisions.
 Discuss the origin, nature and the scope of the Code of Discipline in Industry.
 Evolve the procedure for reporting breach of the Code to Discipline by the
employers and worker.

Structure :
15:1 Introduction
15.2 Voluntary Arbitration and Labour Policy
15.3 Voluntary Arbitration and National Commission on Labour
15.4 Voluntary Arbitration and National Arbitration Promotion Board.
15.5 Scope of Section 10-A of the Industrial Disputes Act, 1947
15.6 Duties, Functions and Powers of Arbitration
15.7 Code of Discipline in Industry
(i) Origin
(ii) Applicability
(iii) Nature
(iv) Objectives
(v) Scope
15.8 Concluding Remarks
15.9 Self-Assessment Test
15.10 Suggested Readings

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 15.1 INTRODUCTION
When certain demands are made by the workers but the employers resist
them, an industrial dispute arises. Different methods have been evolved over the
course of time for settling such disputes and different countries have used them in
varying methods.

The methods or modes of settling industrial disputes are not very much
different from the methods of settling any other disputes. Basically, the parties to a
dispute can settle it by mutual discussions and negotiations (bargaining). If at any
time in the discussion a hitch occurs, the parties can decide to enlist the support of
a third person to help them in their negotiations (bargaining with conciliation). it
mutual negotiations still fail, the parties can either resort to coercive methods, if the
law so permits, or can decide to refer the matter to a third party in whom both have
confidence, for arbitration. Voluntary arbitration is important because it is "(i)
expected to take into consideration the realities of the situation, (ii) expected to
meet the aspiration of the parties; (iii) based on voluntarism, (iv) without
compromising the fundamental position of the parties, and finally (v) it promote
mutual trust."

Despite Governmental Policy to encourage collective bargaining and

voluntary arbitration, India adopted only compulsory adjudication system after
Independence and did not give legal sanctity to voluntary arbitration till 1956. The
criticism of conciliation and adjudication led the government to introduce Section
10-A relating to voluntary arbitration by the Industrial Despite (Amendment) Act,
1956. This Amendment tried to give legal force to voluntary arbitration but still it
stands on a lower footing than the settlement arrived at in conciliation and
adjudication. The 1956-Amendment also tried to place arbitrator on the same
footing as that of adjudicator and the Industrial Disputes (Amendment) Act, 1964
also did try to bridge the gap but still the disparity lies in several respects. The
judiciary has also made an attempt to give momentum by meeting some of the
objections of the parties to arbitration by holding that "Once the parties enter into a

237
valid arbitration agreement and put their signature on it non-compliance of several
processes and formalities involved in the arbitration award would not make the
award invalid and unenforceable." (See R.K. Steels (Pvt.) Ltd. v. Their Workmen,
1977 382)

Thus, apart from the legislative prescriptions and judicial attempts, non-
statutory measures like Code of Discipline adopted in the Sixteenth Labour
Conference in May, 1958 and Industrial Truce Resolution adopted on November 3,
1962 have been instrumental in imposing moral obligation on the parties to resort
to voluntary arbitration on failure of negotiation or conciliation. Further, to
promote voluntary arbitration, National Arbitration Promotion Board has been set
up by the Central Government and Arbitration Promotion Board by almost every
State Governments and Union Territories. In spite of these steps no significant
progress has been made.
15.2 Voluntary Arbitration and Labour Policy

Voluntary arbitration is a method through which the parties to the labour

disputes can settle their disputes without State intervention. Voluntary arbitration is
better than compulsory adjudication in the long run. It is on account of this reason
'hat a resort to voluntary arbitration is common occurrence in everyday.

The parties, finding that mutual negotiations will not succeed and realizing
the futility and wastefulness of strikes and lock-outs, may decide to submit the
dispute to a neutral person or a group of persons for arbitration. The neutral person
hears the parties and gives his award. At the time of submitting a dispute to
arbitration, the parties may agree in advance to abide by the award of the arbitrator
and thus industrial peace is maintained and the dispute is resolved. Sometimes,
however, the parties may agree to submit the dispute to arbitration but at the same
time reserve their right to accept or reject the award when it comes. Under such a
condition, voluntary arbitration loses its binding force. However, even this limited
form of voluntary arbitration is not without its utility.

238
 The constitution of the Textile Labour Association, Ahmadabad, provides
for voluntary arbitration. At Dalmianagar, the Rohtas Industries Workers' Union
and the Management of the Rohtas Industries Ltd. have on a number of occasions,
submitted their disputes to voluntary arbitration. Many disputes are, thus, settled
today through voluntary arbitration. The Industrial Disputes Act and the Bombay
Industrial Relations Act, 1946 have recognized voluntary arbitration as a method
along with others for the settlement of industrial disputes. The Five-Year Plans
have laid down the broad principles governing industrial relations including
voluntary labour arbitration.

The First Five-Year Plan (1951-52 to 1955-56) approached the labour

policy from two angles, viz. (i) welfare of the working class, and (ii) the country's
economic stability and progress. This plan laid emphasis on voluntary arbitration
but no step, legislative or otherwise, was taken by the Government in this direction.
Greater emphasis was placed on recourse to voluntary arbitration as a mode of
settling industrial disputes on failure of negotiation in the Second Five-Year Plan
(1956-57 to 1960-61). Legislation on voluntary arbitration was suggested in the
Plan. Accordingly, the Industrial Disputes Act was amended through the Industrial
(Amendment and Miscellaneous Provisions) Act, 1956 and Section 10-A was
inserted providing for voluntary arbitration.

The Third Five-Year Plan (1961-.62 to 1965-66) not only emphasized and
strengthened the voluntary arbitration as agreed to in the Second Plan by adopting
the Industrial Truce Resolution, 1962 but saw the voluntary arbitration as mode of
settlement of industrial disputes at its peak. The Fourth Five-Year Plan (1969-74)
reiterated the labour policy laid down in the Third Five-Year Plan. Emphasizing the
significance of voluntary arbitrations in the settlement of industrial disputes, the
draft outline of the Plan provided.
"While the provisions of ......(the Industrial Disputes Act).... are available as
a last resort, it is recognized that greater emphasis should he placed on collective
bargaining and on strengthening the Trade Union Movement for securing better
labour-management relations, supported by recourse in the large measure to
voluntary arbitration.' The other Five-Year Plans also laid greater stress on
voluntary arbitration. An important development in the field of labour policy and
239
administration in general and voluntary arbitration in particular was the
recommendations of the National Commission on Labour in 1969 and setting up of
the National Arbitration Promotion Board.

15.3 Voluntary Arbitration and N.C.L. (National

Commission on Labour)

The National Commission on Labour (N.C.L.) was set up in December,

1966 by the Government of India to undertake a study and report, inter alia, on the
industrial relations machinery including arbitration. The Commission made
comprehensive investigations in almost all the problems relating to labour. It made
a series of recommendations in 1969 for reshaping labour policy for the future.

Some of the factors which have hampered the adoption of voluntary

arbitration as a method of settling industrial disputes in India were highlighted in
the wake of evidence before the National Commission on Labour. These included:

(i) easy availability of adjudication in case of failure of negotiations.

(ii) Dearth of suitable arbitrators who command the confidence of both
parties.
(iii) Absence of recognized unions which could bind the workers to
common agreements.
(iv) The fact that in law no appeal was competent against an arbitrator's
award.
(v) Legal obstacles.
(vi) Absence of a simplified procedure to be followed in voluntary
arbitration and
(vii) cost to the parties, particularly workers.

15.4 Voluntary Arbitration and N.A.P.B. (National

Arbitration Promotion Board)

240
 To promote voluntary arbitration a National Arbitration Promotion Board
was set up by the Government of India in July, 1967 comprising of the
representatives of the Government, public sector undertakings, employers and
workers under the chairmanship of the Additional Secretary in the Ministry of
Labour, Government of India, and New Delhi. The main functions of this Board
include, among others, envisaged the drawing up of a panel of arbitrators, evolving
norms and procedures for the guidance of arbitrators.

As a result of the persuasive efforts made by the Ministry of Labour,

Government of India, all the State Governments and Union Territories except
Assam, Himachal Pradesh, Orissa, Nagaland, Tripura, Uttar Pradesh and West
Bengal have set up Arbitration Promotion Boards, The Governments of Assam and
H.P. have made some other institutional arrangements, such as, state level
implementation and Evolution Committee and Labour Advisory Committee to
propagate voluntary arbitration'. The Governments of Nagaland and Tripura have
not considered it necessary to set up Arbitration Promotion Boards. The question of
setting up of such Boards by the Governments of Orissa, West Bengal and U.P. is
still Boards by the Governments of Orissa, West Bengal and U.P. is still under
consideration.

15.5 Scope of Section 10-A of the Industrial Disputes

Act, 1947

Section 10-A of the Industrial Disputes Act deals with the process involved
in reference of dispute to voluntary labour arbitration and enables the parties to
make reference of an industrial dispute to voluntary arbitrator. Before a reference
may be made to arbitrator, four conditions must be satisfied:
1. The industrial dispute must exist or apprehended.
2. The agreement must be in writing.
3. The reference must be made before a dispute has been referred to
Labour
Court, Tribunal or National Tribunal and
4. The name of arbitrator/arbitrators must be specified.

241
 A reference to voluntary arbitrator under section 10-A can be made only
between "employers and employers or between employers and workmen or
between workmen and workmen". The Supreme Court in D.C. Works Ltd. v. State
of Saurashtra, 1957 I-L.1.1. 447 (S.C.), held that to determine the employer-
employee relations the prima facie test was the existence of right to control in
respect of the manner in which the work was to be done that a person is not
"workman". But in later decisions the courts have tried to mitigate the hardship
caused by the aforesaid decision in two ways, viz. by emphasizing that an employer
does not cease to be an "employer" merely because he employs workmen through
intermediaries and relaxing the qualitative and quantitative contents of the
"direction and control" test. {See Bridhichand Sharma v. First Civil Judge, (1961) 2
L.L.J. B6 (S.C.)}

The parties can only make a reference of an "industrial dispute to an

arbitrator. If, for instance, parties refer a dispute which is not an "industrial dispute"
the arbitrator will have no jurisdiction to make a valid award. This was ruled by the
Patna High Court in Rohtas Industries Staff Union v. State of Bihar, 1962-2 L.L.J.
420Wat.). The reference of the dispute to an arbitrator should- be made at any time
before the 'industrial dispute has been referred to Labour Court, Tribunal or
National tribunal. Thus, the Legislature has placed the arbitration on a lower footing
than that of compulsory adjudication. The parties acting under Section 10-A are
required to select any' person or persons including presiding officer of a Labour
Court, Tribunal or National Tribunal to arbitrate in a dispute. Further, the parties
may select or appoint as many arbitrators as they wish. However, where a reference
has been made to an even number of arbitrators the parties by agreement should
provide for app6intment of an umpire who shall enter upon the reference if the
arbitrators are equally divided in their opinion, and the award of umpire shall
prevail and be deemed to be the "award".

Once the parties agree to refer the dispute to arbitration it is required to

make such arbitration agreement in writing. The arbitration agreement, as required
by Section 10-A (2), should be in the prescribed form.

242
 The arbitration agreement shall be signed by the parties thereto in such
manner as may be prescribed in the Rules framed by appropriate Government. The
decided cases reveal that the validity of the arbitration agreement has often been
questioned on the basis of non-compliance of signature of all parties on the
arbitration agreement. This has been a ground for not issuing the notification by the
appropriate Government and enabling Government to refer such dispute to
industrial tribunals and labour courts.

This tendency of the appropriate government has, however, been scrutinized

by the Courts. Section 10-A (3) lays down that a copy of the arbitration agreement
shall be forwarded to the appropriate government and the conciliation officer and
the appropriate government shall, within one month from the date of the receipt of
such copy publish the same in the Official Gazette. Further, whew an industrial
dispute has been referred to arbitration and the appropriate government is satisfied
that the persons making the reference represent the majority of such party, the
appropriate government may within the period of one month, issue a notification in
such manner as may be prescribed and when any such notification is issued, the
employers and workmen who are not parties to the arbitration agreement but are
concerned in the dispute, shall be given an opportunity of Presenting their case
before the arbitrator or arbitrators. It is also laid down in Section 10-A (4A) that
where an industrial dispute has been referred to arbitration and a notification has
been issued in terms of sub-section (3-A) the appropriate government may, by
order, prohibit the continuance of any strike or lock-out in connection with such
dispute which may be in existence on the date of the reference. Nothing in the
Arbitration Act, 1940 shall apply to arbitration under this Section.

The legality or illegality of strike/lock-out under section 24 of Industrial

Disputes Act, 1947 is dependent upon the issuance of notification under section I
0-A (4A).

15.6 Duties, Functions and Powers of Arbitrator

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 The arbitrator under Section 10-A comes into existence when appointed by
the parties to the industrial dispute and he derives his jurisdiction from the
agreement of the parties. The Industrial Disputes Act, 1947 does not prescribe how
the conduct of a voluntary arbitrator be regulated. The decided cases of the
Supreme Court and the High Court’s reveal that arbitrator should be impartial and
he must build up a relationship of confidence with both the parties. Thus, he or any
of his near relatives should not accept any hospitality or favor from one or the other
parties to the dispute before him. Similarly, if he does not bear the party or exceeds
his jurisdiction or fails to determine an important question referred to him his
decision is liable to be interfered. [See Air Corporation Employees Union v. D.V.
Vyas, 1962-1-L.L.J.31; Sindhu Hochief v. Pratap Dialdas, 1968-2-L.L.J.515;
National Project Construction Corporation Ltd. v. Dheir Workmen, 1970-Lab.
I.C.907; and Gujarat Steel Tubes Ltd. v. Their Workmen, 1980-1-L.L.J.137 (S.C.)).

The arbitrator is required to investigate the dispute referred to him. and can
follow such procedure as he may think fit. Certain principles are followed by an
arbitrator while dealing with a particular disputes. They are (a) fair hearing, (b)
principles of natural justice and (c) impartiality. Fair hearing demands that the
opportunity should be given to both the parties to be heard and cross examined.
The principle of natural justice requires that a party should have due notice of
proceedings, and it must know the issues involved and part it has to play. The party
should be free to give any evidence it likes relevant to the inquiry and on which it
relies for its arguments. The evidence given by one party should be taken in the
presence of the other party, so that the other party may rebut and place counter
evidence.' The arbitrator should not rely on any such document which is not shown
and explained to the other party and unless his reply has been received. He has to
be completely impartial without any bias or prejudice against anybody.

While writing his award the arbitrator has to see that:-

a. the award should be in line with the terms of the reference and it should not
go beyond its jurisdiction.
b. it must be precise and definite, i.e., it must speak clearly without any
ambiguity or vagueness and should not give any idea to anybody of any
misunderstanding or misinterpretation.
244
 c. it should be capable of being enforced or implemented, in other words, it
should not contain directives or provisions which apparently seem
impossible to be enforced.
d. the award should contain a date or a specific period for its implementation;
e. the award should not violate any provision or any existing law or ted
settlement legally in existence and. Binding.
f. the award should contain sufficient justification or reasons for the
Settlement arrived at by the arbitrator.

The voluntary arbitrator has a wider power to decide upon all "industrial
disputes" referred to him under the arbitration agreement irrespective of the fact
whether it falls under Schedule H or HI to the Industrial Dispute Act, 1947. The
only restriction is that the subject matter of reference must be an "industrial
dispute" as defined under section 2 (K) of the Act. The parties cannot even by
consent. refer under section 10-A a dispute to arbitrators which • is not an industrial
dispute. Further, unlike the jurisdiction of adjudicatory bodies the arbitrator cannot
arbitrate upon matters "incidental to" or "any matter appearing to be connected or
relevant" to the dispute.

15.7 Code of Discipline in Industry

(i) Origin –
Reluctant to give up compulsory adjudication and unable to take any positive
steps to .develop collective bargaining, the Government launched on a new
experiment in labour-management relations and its instance certain 'Codes' were
evolved to regulate the conduct of the employers and the workers towards each
other. The most important among these codes is the 'Code of Discipline' which
was approved by the Standing Labour Committee at the 16th Session of the Indian
Labour Conference in October, 1957 and after ratification by the Central
employers' and workers' organizations came into force from June 1, 1958. The
Code has been accepted by majority of private and public sectors.

(ii) The Code -

245
 Applies to all public sector undertakings run as companies and corporations
except those in defense, railways and ports and docks. Among those where the.
code of discipline applies with certain modification include. Reserve Bank of
India and State Bank of India. t The Department of Defense Production has also
agreed to apply. The Indian Banks Association, the All India Bank Employees'
Federation has also agreed to abide by the Code. Efforts to persuade others, which
have not yet accepted the Code, are being continued by the other Government.

(iii) Nature -
The Code of Discipline is a set of self-imposed and mutually-agreed n- its
voluntary principles of discipline and relations between the management and
workers in industry. It is a code of conduct both for worker and management and
provides for the voluntary and mutual settlement of disputes through mutual
negotiations, voluntary arbitration and conciliations without the interference of an
outside agency. While it refrains both the parties from unilateral action, it induces
them to make the best use of the existing machinery for the settlement of disputes.
Thus the Code compels both the parties not to indulge in any strike or lock-out
.without exploring the avenues for the voluntary, mutual settlement of any
possible misunderstanding or disputes. In nutshell, it lays down stress on the
atmosphere of mutual regard and respect, • and hence the code is voluntary,
spontaneous and moral in nature.

(iv) Objectives -
The Code is aimed at establishing cordial relations between
managements and workers on voluntary basis. It puts an end to industrial
unrest. The objectives of the Code are:

a. to emphasis upon the employers and employees to recognize each other's rights
and obligations.
b. to promote constructive criticism between the parties concerned at all levels.
c. to maintain discipline in the industry.
d. to avoid work stoppages and litigation.
e. to eliminate all forms of coercion, intimidation and violence in , industrial
relations.
246
f. to facilitate the free growth of trade unions.
g. to secure settlement of disputes and grievances by mutual negotiation,
conciliation and voluntary arbitration.

(vi) Scope –
The Code of Discipline prepares a ground for employees to meet their
employers and discuss their problems. It enables the workers and trade unions to be
nominated to the grievance committee, creates effective liaison between the
workers and the management and enables the recognized Unions to get certain
rights.

The first set of the Code, which imposes obligation both on management and
union(s) reads:
i) that no unilateral action should be taken in connection with any industrial
matter and that disputes should be settled at appropriate level.
ii) that the existing machinery for settlement of disputes should be utilized with
the utmost expedition.
iii) that there should be no strike or lock-out without notice.
iv) that affirming their faith in democratic principles, they bind themselves to
settle all future differences, disputes and grievances by mutual negotiation,
conciliation and voluntary arbitration.
v) that they will avoid (a) litigation, (b) sit-down and stay-in strikes; and (c) lock-
outs.
vi) that neither party will have recourse to (a) coercion, (b) intimidations, (c)
victimization, or (d) go-slow.
vii) that they will promote constructive co-operation between their representatives
at all levels and as between workers themselves and abide by the spirit of
agreements mutually entered into.
viii) that they will establish upon a mutually agreed basis, a grievance procedure
which will ensure a speedy and full investigation leading to settlement.
ix) that they will abide by various stages in the grievance procedure and take no
arbitrary action which -would by-pass this procedure.
x) that they will educate the management personnel and workers regarding their
obligations to each other.
247
 In the second set management, inter-alia, agree.
i) not to increase Work-loads unless agreed upon or settled otherwise.
ii) to take prompt action for (a) settlement of grievances, and (b) implementation
of settlements, awards, decisions and others.
iii) to display in conspicuous places in the undertaking the provisions of this
Code in local language(s).
iv) to distinguish between actions justifying immediate discharge-and those
where discharge must be preceded by a warning, reprimand, suspension or
some other form of disciplinary action and to arrange that all such
disciplinary action should be subject to an appeal through normal grievance
procedure
v) to take appropriate disciplinary action against its officers and members in
cases where enquiries reveal that they were responsible for precipitate action
by workers leading to indiscipline; and vii to recognize the union in
accordance. the prescribed criteria,

The third set of the Code imposes an obligation upon the Unions:
i) not to engage in any form of physical duress;.
ii) not to permit demonstrations which are not peaceful and not permit rowdiesm
in demonstration.
iii) that their members will not engage or cause other employees to engage in any
union activity during working hours, unless as provided for by any law,
agreement or practice.
iv) to discourage unfair labour practice, such as, (a) negligence of duty, (b)
careless operation (c) damage to property, (d) interference with or
disturbances to normal work, . and (e) insubordination.
v) to take prompt action to implement awards, agreements, settlements and
decisions; vi) to display in conspicuous places in the union offices, the
provisions of this Code in the local language(s)and
vi) to express disapproval and to take appropriate action against office-bearers
and members for indulging in action against the spirit of this Code.
vii) [A copy of the prescribed Performa for reporting breach of the Code of
Discipline by employers and workers is enclosed for reference and necessary
248
 guidance.] In spite of all this, the Code of Discipline has not been effectively
implemented. Several reasons may be accounted for the same, which are (i)
the absence of a genuine desire for and limited support to self imposed
voluntary restraints on the part of employers' and workers° organizations; (ii)
the worsening economic situation which eroded the real wage of workers; (iii)
the inability of some employers to implement their obligations; (iv) a disarray
among labour representatives due to rivalries; (v) conflict between the Code
and the law; and above all (vi) the state of discipline in the body politic.

In view of the above, the National Commission on Labour recommended that

part of Code which enjoins stricter observance of obligations and responsibilities
under the various labour laws may be left to the normal process of implementation
and enforcement of labour administration machinery. Some others need to be
formalized under law. these are : (1) Recognition of a Union as bargaining agents;
(2) setting up of a grievance machinery in an undertaking; (3) Prohibition of
strike/lock-out without notice; (4) Penalties for unfair -labour practices; and (5)
Provision of Voluntary Arbitration. Provisions exist in the industrial Disputes Act,
1947 in respect of item (3) relating to public utility service and item (5) above-
intentioned. The Industrial Disputes (Amendment) Act, '1982 has incopora.ted
previsions respect of items (2) & (4).

15.8 Concluding Remarks

It can be concluded from the above discussion that when negotiation. fails
arbitration proves to be a satisfactory and most enlightened method of resolving
labour management conflicts. The legal sanctity to voluntary arbitration till 1956
was not given by the Government even though the labour 7olicy as laid down
under the Five-Year Plans was towards propagating collective bargaining and
voluntary arbitration. The response to voluntary arbitration as provided under
section 10-A of the Industrial Disputes Act, 1947 1.s not encouraging. Some of the
factors for this trend have already been referred :o. Others which are responsible
for this trend are: (i) lack of proper atmosphere, (ii) the reluctance of the parties to
resort to arbitration machinery, :ii) lack of persons who enjoy the confidence of

249
both the parties; and (iv) the question of bearing the cost of arbitration. For this
purpose it is essential that collective bargaining should be encouraged: The
collective bargaining presupposes strong trade unionism. This again links up with
the question of recognition of representative union. It is, therefore, essential to
amend the Trade Unions Act, 1926 to provide for recognition of Trade Unions.
The Governmental policy of adopting legislative measure to promote
voluntary arbitration is desirable. But mere legislation would not deliver the goods.
Unless there is a proper appreciation of the system from all concerned, voluntary
arbitration cannot succeed. The Courts in India have given several decisions since
the functioning of voluntary arbitration over two decades as one of the dispute
settlement machineries under the Industrial Disputes Act. The Courts have not
succeeded in evolving an acceptable norm for determination of various issues and
in. turn has made the arbitration machinery ineffective.
There are three inconsistent approaches on the requirement of signature of
parties on the arbitration agreement. The Patna High Court held that the failure of
one of the relevant persons to sign on arbitration agreement would render the
agreement invalid. The Punjab High Court held that the defect could be removed
by getting it signed by the person concerned. The Delhi High Court laid emphasis
on substantial compliance of signature of relevant parties.
It has now been settled through the Supreme Court decisions that the nature
of arbitrator under Section 10-A of Industrial Disputes Act, 1947 is statutory and
quasi-judicial. The Supreme Court, in the absence of inclusion of arbitrator under
Section 11-A of Industrial Disputes Act, conferred upon the arbitrator the power to
interfere with the punishment awarded by the management under Section 11-A.
Conflicting opinions have been expressed by various High Courts on the duty
of the arbitrator to give reasons. Majority of the High Courts are opposed to this.
This latter view would not only betray the confidence of the parties in arbitration
but would make the task of High Courts and the Supreme Court difficult. Further, it
is not desirable in the present era of administration.
The Industrial Disputes Act does not provide for any formula to share the cost
of arbitration. It is suggested that Government should pay the fees of such
arbitrators who are chosen from—the panel of National Arbitration Promotion
Board. 'The need for voluntary Code of Discipline was felt in 1957 to lay emphasis
on the method of settlement of industrial disputes to voluntary arrangement. This
250
was done to create awareness among the parties to industrial relations about their
obligation in regard to implementation of labour laws.
As already mentioned, the Code of Discipline does not have legal sanction. It
solely depends on the voluntary approach of both the managements and workers. In
case any of the parties fails to have a proper approach, the Code ceases to work. As
there is no compulsion or legal binding on the part of the individual units and the
individual workers' organizations, they have, interpreted the Code according to
their Whims and fancies. The Code proves to be useful only when a legal sanction
to the important provisions of the Code like recognition of trade unions grievance
procedure, unfair labour practices. Etc is accorded.

15.9 Self-Assessment Test

Answer the following questions on the basis of the various aspects discussed
in this unit/study

1. State briefly the concept and importance of voluntary arbitration as a mode of

settlement of labour disputes in India.

2. Examine the Labour Policy envisaged under the Five-Year Plans in relation to
voluntary labour arbitration. What recommendations have been made by the
National Commission on Labour in this regard?

3. Critically examine the processes involved in reference of disputes to voluntary

arbitration under the Industrial Disputes Act, 1947.

4. Describe briefly the functions, duties and powers of arbitrator under the
scheme of Industrial Disputes Act, 1947.

5. Explain the origin, applicability and nature of the Code of Discipline in

Industry.

251
6. What are the important objectives of the Code of Discipline in Industry?
Explain its scope on the basis of its relevant statutory provisions.

7. Is there any procedure for reporting breach of provisions of the Code of

Discipline by employers and workers? Give a format providing the particulars
listed for the same.

8. why has the code of Discipline not been effectively implemented maintaining
labour management relations? What reasons can be accounted for this?
Explain with necessary suggestions.

15.10 Suggested Readings

(i) Books
1. Agrawal S.L., 1980- Labour Relation's Law in India. (The Macmillan
Company of India Ltd., Delhi)
2. Bagri P.R., 1984 -The Law of Industrial Disputes, Vol. I (Asia Publishing
House, New Delhi).
3. Chakravarti K.P, 1983 -Law of Industrial Employment and Management
Relations in India (Deep & Deep, New Delhi)
4. Dr. Srivastava S.C., 1983 -Industrial Religions Machinery (structure,
working and the Law), Deep &, Deep, New Delhi.
5. Dr. Srivastava S.C., 1984 -Industrial Disputes and Labour Management
Relations in India (Deep & Deep, New Delhi).
6. Sinha & Sinha, 1977 -Industrial Relations and Labour Legislation (Oxford
and I.B.H. publishing Co., New Delhi)

(ii) Reports
1. Govt. of India, the Report of the National commission on Labour, 1969,
New
Delhi.
2. The Ministry of Labour, Tripartite conclusions (1942-67), New Delhi

252
 3. The Planning commission, Five-year plans, New Delhi.
4. Govt. of India, Annual Report of the Ministry of Labour, New Delhi.
5. The Ministry of Labour, Indian Labour year Book, New Delhi.

(ii) Journals/Articles
1. Dr. Dhingra L.C., 1986, "The Code of Discipline in Industry,'- Indian-socio-
legal Journal, Bikaner (Rajasthan).
2. I.L.I., Quarterly Journal of the Indian Law Institute, New Delhi.
3. Julius German, 1967 -"Grievance Arbitration : Law and Policy in India'
American Labour Supplement, (New Delhi, Dec. 15, 1967).
4. Manohar Lal, 1966 'Problems of Arbitration from Management Point of
view", I American News 32(l966).

Performa for reporting a breach of the Code of

Discipline by Employers and Workers
NB (1) In cases falling in the Central sphere, major breaches, of the provisions
of the Code of Discipline, e.g. Strikes or Lock-outs, Go slow, Violence,
Victimization, Sabotage, etc. may be reported to the Implementation and
Evaluation Division of the Ministry of Labour and Employment, without
prejudice to the usual course of action under the existing statutory provisions.
Minor breaches may be reported to this Division only after the existing
machinery provided for the settlement of disputes has been exhausted.
(a) Cases falling in the State sphere should invariably be reported to the
State 'Implementation Machinery. Copies of such reports, particularly when
they refer to major breaches, may be sent to the Implementation and
Evaluation Division of the Ministry of Labour and Employment,

PART I
1. Name of the establishment with complete
address.

253
2. Name of the Central Employers' Organization (i.e. AIOIE, EFI & AIMO) to
which the establishment is affiliated
3. Date on which the breach took place.
4. Specific nature of the breach (e.g., go-slow, intimidation, coercion,
victimization, violence. or threat of violence, non-peaceful demonstrations,
sabotage, unfair labour practice, non-implementation of awards, agreements, etc.
Please state also the specific clause(s) of the Code breached) Party or parties
responsible for the breach:
5. (A) In the case of a Union please state;
(a) Name and address.
(b) Affiliation to Central Workers' Organization, (i.e. AITUC, F1MS and
UTUC).
(c) Registered or unregistered
(d) Recognized or unrecognized
(B) Please state if the employer mentioned in item I is responsible.

6. Was the responsibility for the breach wholly on the employer / workers
If not how should the responsibility be apportioned between both the parties?
7. Details of the background to the breach, e.g., any known disputes, grievances,
awards, decisions or orders pending settlement, etc. Please state specifically :
(a) pre-disposing causes, and
(b) immediate causes.
8. Has a mutually agreed grievance procedure been set up in the establishment?
9. What attempts were made to settle the points in dispute at the appropriate
level through:
(a) Grievance procedure
(b) Mutual negotiations
(c) Conciliation machinery
(d) Voluntary arbitration

254
 (e) Implementation machinery:
(f) Adjudication.

10. Has the breach been brought to the notice of the Central Organization to
which the party responsible for it is affiliated? If so, when and with what results?
11. What action in your opinion should be taken to remedy the situation and settle
the dispute?
12. Was the party responsible in the past also for a breach of the Code? If so,
please mention its nature and date of occurrence.
13. Any other remarks.

PART II
Strikes and Lock-outs
14. In the case of strike/lock-out please give the following additional details:
(i) Was the strike/lock-out launched after giving notice? If so, what was the
period of the notice?
(ii) Was the strike/lock-out launched during the pendency of
(a) Mutual negotiations;
(b) Conciliation proceedings;
(c) Arbitration proceedings;
(d) Investigation by Implementation Machinery;
(e) Adjudication?
(iii) Was the strike/lock-out declared illegal before it was actually launched?
(iv) If it was a lightning strike, was it launched only to enforce settlement of a
dispute or for any other reason?
15. Did the employer/workers give any provocation for the strike/lock-
out?
16. Was the provocation such as to warrant a strike/lock-out?

255
17. Any other remarks.

Place ……………………… 1. Signature ………………….

State ……………………… 2.Name & address of the

reporting party
………………….
Date ………………………

256
 UNIT- 16
Case Laws
Objectives :
After going through this unit you would be able to acquaint with
 how cases are dealt with the courts.
 how commission or fault causes violation of various provisions of the law.
 how provisions of various Acts are practically applied and legal
 principles are worked out through cases.

Structure :
16. A (l) Introduction
(2) Facts and Contentions
(3) Judgment
(4) Conclusion
(5) Self-assessment Test

16.B (1) Introduction

(2) Facts and Contentions
(3) Judgment
(4) Conclusion
(5) Self-assessment Test

16. C (1) Introduction

(2) Facts & Contentions
(3) Judgment
(4) Conclusion
(5) Self-assessment Test

257
 16. A Bandhua Mukti Morcha Versus Union of
India and Others AIR 1984 SC 802
(Judges P.N. Bhagwati, R.S. Pathak and A.N. Sen)

1. Introduction

This case is related to

(i) Mines Act, 1952 Sections 2(J), (JJ), (KK) – (3) (I) (B) provision 18
Chapters V, VI and VII,
(ii) Inter-State Migrant workmen (Regulation of Employment and Conditions of
Service) Act, 1979-Sections 2(I) (e), (b) (g), 4, 8,12 and Chapter V,
(iii) Contract l-about (Regulation and Abolition) Act,1970, Sections 2(I), (a),
(b),(c),(g),16 to 21
(iv) Minimum wages Act, 1948, Sections 3, 12 and 22A and d) Bonded Labour
System (Abolition) Act, 1976, Sections 2(f), (g), 4, 5, 10 and

2.Facts and Contentions

The Petitioner, an organization motivated to release bonded laborers in the

country, addressed a letter to a judge of the Supreme Court complaining that in two
named stone quarries in Faridabad district there were a large number of labourers
from different States working under inhuman conditions and many of whom were
bonded labourers and prayed for issuing a writ for proper implementation of the
Constitutional and statutory provisions. In support of his complaint the petitioner
also annexed to his letter statements in original bearing the thumb marks or
signatures as the case may be of the bonded labourers referred to in the letter. The
Supreme Court treated the letter as a writ petition and issued notice and appointed
two advocates as commissioners to visit the stone quarries and to interview each of

258
the persons whose names were , mentioned in the letter of the-petitioner as also a
cross section of the other workers with a view to finding gut whether they were
willingly working in these stone quarries and also to enquire about the conditions
in which they were working. The commissioners carried out the assignment and
submitted their report confirming the allegations made in the petitioner's latter. The
court directed that the copies of the report may be supplied to all the mine-lessees
and stone crushers who were respondents and that they may have an opportunity to
file their reply to the facts found in the report.

The court also appointed Dr. Patwardhan of I.I.T. to carry out a social-legal
investigation in the matter on terms indicated by it. The court also directed that the
workmen whose names were set out in the writ petition and in report of the
advocates - commissioners would be free to go wherever they liked.

The Bonded Labour System (Abolition) Act, 1976 was enacted with a view
to giving effect to Article 23 of the Constitution which prohibits traffic in human
beings and beggar and other similar forms of forced labour. The expression 'bonded
labour' is defined in clause (f) of Section 2 to mean 'a labourer who incurs, or has,
or is presumed to have incurred a bonded debt'. Bonded debt means an advance
obtained or presumed to have been obtained' by a bonded labourer, under or in
pursuance of, the bonded labour system' (clause d) . Clause (g) defines bonded
labour system to mean :

the system of forced, or partly forced, labour under which a debtor enters, or
has, or is pressured to have, entered, into an agreement with the creditor to the
effect that,
(i) In consideration of an advance obtained by him or by any of his lineal
ascendants or descendants (whether or not such advance is evidenced by any
document) and in consideration of the interest, if any, due on such advance, or

(ii) In pursuance of any customary or social obligation, or

(iii) For any economic consideration received by him or by any or his lineal
ascendants or descendants, or
259
 he would-
1. render, by himself or through any member of his family, or any 'person
dependent on him, labour or service to the creditor, or for the benefit of the
creditor, for a specified period or for an unspecified period, either without
wages or for nominal wages, or
2. forfeit the freedom of employment or other means of livelihood for
specified period or for an unspecified period, or
3. forfeit the right to move freely throughout the territory “of India, or
4. forfeit the right to appropriate or sell at market value any or his property or
product of his labour or the labour of a member of his family or any person
dependent on him.

The expression "nominal wages" is defined in clause (i) of Section 2 to mean,

in relation t and labour, a wage which is less than-
(a) the minimum wages fixed by the Government in relation to the same or
similar labour, under any law for the time being in force, and
(b) where no such minimum wage has been fixed in relation to any form of
labour, the wages that are normally paid, for the same or similar labour, to
the labourers working in the same locality.

Section 5 invalidates any custom or tradition or any contract agreement or

other instrument by virtue of which any person or any member of the family or
dependent of such person is required to do any work or render any service as a
bonded labourer " Section 6 provides, inter-alia, that on the commencement of the
Act, every obligation of a bonded labourer to repay any bonded debtor, such pan of
any bonded debt as remains unsatisfied immediately before such commencement,
shall be deemed to have been extinguished. Sections l0 o 12 impose a duty on
every District Magistrate and every officer to whom power may be delegated by
him, to enquire whether, after the commencement of the Act, any bonded labour
system or any other form of forced labour is being enforced by or on behalf of, any
person resident within the local limits of his jurisdiction and if, as a result of such
enquiry, any person is found to be enforcing the bonded labour system or any other

260
system of forced labour, he is required forthwith to take the necessary action to
eradicate the enforcement of such forced labour. Section 13 provides for
constitution of a Vigilance Committee in each district and each sub-division of
district and sets out what shall be the composition of each Vigilance Committee.
The functions of the Vigilance Committee are set out in Section 14 and among
other things, that section provides that the Vigilance Committee shall be
responsible inter alia to advise the District Magistrate as to the efforts made and
action taken, to ensure that the provisions of the Act or any rule made there under
are properly implemented, to provide for the economic and social rehabilitation of
the freed bonded labourers and to keep an eye on the number of offences of which
cognizance has been taken under the Act. Then pomes Section 15 which lays down
that whenever any debt is claimed by any labourer or a Vigilance Committee to be
a bonded debt, the burden of proof that such debt is not a bonded debt shall lie on
the creditor. These are some of the material provisions of the Bonded Labour
System (Abolition) Act, 1976 which need to be considered.

3. Judgment

The Hon’ble Court allowed the Writ petition and issued directions to the
Central Government and the State of Haryana and the various other authorities.

The directions may be summarized as follows :

(1) The Government of Haryana will, without any delay and at any rate within
six weeks from today, constitute Vigilance Committee in each sub-division
of a district in compliance with the requirements of Section 13 of the
Bonded Labour System (Abolition) Act, 1976 keeping in view the
guidelines given in this judgment.

(2) The Government of Haryana will instruct the district magistrates to take up
the work of identification of bonded labour as one of their top priority tasks
and to map out areas of concentration of bonded labour which are ‘mostly to
be found in stone quarries and brick kilns and assign task forces for

261
 identification and release of bonded labour and periodically hold labour
camps in these areas with a view to educating the labourers inter alia with
the assistance of the National Labour Institute.

(3) The State Government as also the Vigilance Committee and the district
magistrates will take the assistance of non-political social I action groups
and voluntary agencies for the purpose of ensuring implementation of the
provisions of the Bonded Labour System (Abolition) Act, 1976.

(4) The Government of Haryana will draw up within a period of three months
from the date of judgment a scheme or program me for rehabilitation of the
freed bonded labourers in the light of the guidelines set out by the secretary
to the Government of India, Ministry of Labour in his letter dated
September 2, l982 and implement such schemes or programme to the extent
found necessary.

(5) The central Government and the. Government of Haryana will take all
necessary steps for the purpose of ensuring that the minimum wages are
paid to the workmen employed in the stone quarries and stone crushers in
accordance with the principles laid down in this judgment and this direction
shall ‘be carried out within the shortest possible time so that within six
weeks from the date of judgment, the workmen start actually receiving in
their hands a wage not less than the minimum wages.

(6) If payment of wages is made on truck basis, the central Government will
direct the appropriate officer of the central Enforcement Machinery or any
other appropriate authority or officer to determine the measurement of each
track as to how many cubic ft. of stone it can contain and print or inscribe
such measurement on the truck so that appropriate and adequate wage is
received by the workmen for the work done by them and they. are not
cheated out of their legitimate wage.

(7) The central Government will direct the Inspecting officers of the central
Enforcement Machinery or any other appropriate Inspecting officers to
262
 carry out surprise checks at least once in a week for the purpose of ensuring
that the trucks are not loaded beyond their true measurement capacity, the
Inspecting Officers carrying out such checks will immediately bring this
fact to the notice of the appropriate authorities and necessary action shall be
initiated against the defaulting mine owners and/or thekedars or jamadars.

(8) The Central Government and the Government of Haryana will ensure that
payment of wages is made directly to the workmen by the mine lessees and
stone crusher owners or at any rate in the presence of a representative of the
mine lessee.' or stone crusher owners and the inspecting officers of the
Central Government as also of the Government of Haryana shall carry out
periodic checks in order to ensure that the payment of the stipulated wage is
made to the workmen.

(9) The central Board of workers' Education will organize periodic camps near
the sites of stone quarries and stone crushers in Faridabad district for the
purpose of educating the workmen in the rights and benefits conferred upon
them by social welfare and labour laws and the progress made shall be
reported to the Supreme Court by the Central Board of Workers' Education
at least once in three months.

(10) The Central Government and the Government of Haryana will immediately
“take steps for the purpose of ensuring that the stone crusher owners do not
continue to foul the air and they adopt either of two devices, namely,
keeping a drum of water above the stone crushing machine with
arrangement for continuous spraying of water upon it or installation of dust
sucking machine and a compliance report in regard to this direction shall be
made to the Supreme Court on or before February 28,1984.

(11) The Central Government and the Government of Haryana will immediately
ensure that the mine lessees and stone crusher owners start supplying p\re
drinking water to the workmen on a scale of at least 2 liters for every
workman by keeping suitable vessels in a shaped place at conveniently
accessible points and such vessels shall be kept in clean and hygienic
263
 conditions and shall be emptied, cleaned and refilled every day and the
appropriate authorities of the Central Government and the Government of
Haryana will supervise strictly the enforcement of this direction and initiate
necessary action if there is any default

(12) The Central Government and the Government of Haryana will ensure. that
minimum wage is paid to the women and/or children who look after the
vessels in which pure drinking water is kept for the workmen.

(13) The Central Government and the Government of Haryana will immediately
direct the mine lasses and stone crusher owners to start obtaining drinking
water from any unpolluted source or sources of supply and o transport it by
tankers to the work site with sufficient frequency so as to be able to keep the
vessels filled up for supply of clean drinking water to the workmen and the
Chief Administrator, Faridabad Complex will set up the points from where
the mine lessees and stone crusher owners can. if necessary, obtain supply
of potable water for being carried by tankers.

(14) The Central Government and the State Government will ensure that
conservancy facilities in the shape of latrines and urinals in accordance
with the provisions contained in Section 2{ of the Mines Act, 1950 and
Rule 33 to 36 of the Mines Rules, 1955 arc provided at the latest by
February, 15, 1984.

(15) The Central Government and the State Government will take steps to
immediately ensure that appropriate 4nd adequate medical an! First aid
facilities as required by Section 21 of the Mines Act, 1952 and Rules 40 to
45-A of the Mines Rules, 1955 are provided to workmen not later than
January, 31, 1984.

(16) The central Government and the Government of Haryana will ensure that
every workmen who is required to carry out blasting with explosives is not
only trained under the Mines vocational Training Rules, 1966 but also

264
 holds first aid qualification and carries a first aid outfit while on duty as
required by Rule 45 of the Mines Rules, 1955.

(17) The central Government and the state Government will immediately take
steps !o ensure that proper and adequate medical treatment is provided by
the mine lessees and owners of stone crushers to the workmen employed
by them as also to the members of their families free of cost and such
medical assistance shall be made available to them without any cost of
transportation or otherwise and the doctor fees as also the cost of
medicines prescribed by the doctors including hospitalization charges, if
any, shall also be reimbursed to them.
(18) The central Government and the state Government will ensure that the
provisions of the Maternity Benefit Act, 1961, the Maternity benefit
(Mines and circus) Rules, 1963 and the Mines crèche Rules, 1966 where
applicable in any particular stone quarry or stone crusher are given effect to
by the mine lessees and stone crusher owners.

(19) As soon as any workman employed in a stone quarry or stone crusher

receives injury or contracts disease in the course of his employment, the
concerned mine lessee or stone crusher owner shall immediately report this
fact to the chief Inspector or Inspecting Officers of the Central Government
and/or the State Government and such Inspecting officers shall immediately
provide legal assistance to workman with a view to enabling him to file a
claim for compensation before the appropriate court or authority and they
shall also ensure that such claim is punned vigorously and the amount of
compensation awarded to the workman is secured to him.

(20) The Inspecting officers of the central Government as also of the state
Government will visit each stone quarry or stone crusher at least once in a
fortnight and ascertain whether there is any workman who is injured or who
is suffering from any disease or illness, and if so, they will immediately take
the necessary steps for the purpose of providing medical and legal
assistance.

265
 The supreme court also laid down that if the central Government and the
Government of Haryana fail to ensure performance of any of the obligations set out
in clauses 11, 13, 14 and 15 above by the mine lessees and stone crusher owners
within the specified period, such obligation, or obligations to the extent to which
,they are not performed shall be carried out by the Central Government and the
Government of Haryana'

The Hon’ble Court appointed Shri Laxmi ( Dhar Misra, Ioint Secretary in the
Ministry of-Labour, Government of India as a commissioner for the purpose of
carrying out the following assignment :

(a) He will visit the stone quarries and stone crushed in Faridabad district and
as certain by enquiring from the labourers in each stone quarry or stone
crusher in the manner set out by the Court whether any of them are being
forced to provide labour and are bonded laborers and he will prepare in
respect to each stone quarry or stone. Crusher a statement showing the
names and particulars of those who, According to the enquiry made by him,
are bonded labourers and he will also ascertain from them whether they
want to continue to work in the stone quarry or stone crusher or they want to
go away and if he finds that they want to go away, he will furnish
particulars in regard to them to the District Magistrate, Faridabad who will
make necessary arrangements for releasing them and provide for their
transportation back to their homes.

(b) He will also enquire from the mine lessees and owners of stone crushers as
also from the thekedars and jamadars whether there are any advances made
by them to the labourers working in the stone quarries or stone crushers and
if so , whether there is any documentary evidence in support of the same
and he will also ascertain the amounts of loans still remaining outstanding
against such labourers.

(c) He will also ascertain by carrying out sample check whether the workmen
employed in any particular stone quarry or stone crusher are actually in

266
 receipt of wage not less than the minimum wage and whether the directions
given by the Supreme Court in regard to computation and payment of
minimum wage are being implemented by the authorities.

(d) He will conduct an enquiry in each of the stone quarries and stone crushers
in Faridabad district for the purpose of ascertaining whether there are any
contact labourers or inter-state migrant workmen in any of these stone
quarries or stone crushers and if he finds as a result of his enquiry that the
Contract Labour Act, and/or the Inter-State Migrant Workmen Act is
applicable, he will make a report to the effected to the Court.

(e) He will ascertain whether the directions given by the Supreme Court
regarding effective arrangement for supply of pure drinking water have
been carried out.

(f) He will also ascertain whether the mine lessees and owners of stone
crushers in each of the stone quarries and stone crusher visited by him have
complied with the directions given by the Court regarding provision of
conservancy facilities'

(g) He will also ascertain whether the directions given by the Court in regard to
provision of first aid facilities and proper and adequate medical treatment
including hospitalization to the workmen and the members of their families
are being carried out by the mine lessees and stone crusher owners and the
necessary find aid facilities and proper. and adequate medical services
including hospitalization arc provided to the workmen and the members of
their families'

(h) He will also enquire whether the various other directions given by the
Supreme Court have been and are being carried out by the mine lessees and
stone crusher owners'

267
4. Conclusion

A bonded labourer truly becomes a slave and his freedom in the matter of
his employment and movement is more or less completely taken away and forced
labour is thrust upon him. Whenever any person is wrongfully and illegally
deprived of his liberty, it is open to anybody who is interested in such a person
move the Supreme Court under Article 32 of the Constitution for his release. It may
not be very often possible for the person who is deprived of his liberty of approach
the-Supreme court, as by virtue of such illegal and wrong full detention, he may
not be free and in a position to Move the Supreme Court-. The petitioner in the
instant case was an association interested in the welfare of society and particularly
of the weaker section' The petitioner were interested to promote the welfare of the
labourers and for promoting the welfare of labour, the petitioner sought to move
the Supreme Court for releasing the bonded labourers from their bondage and for
restoring to them their freedom and other legitimate rights. The bonded labourers
working in the far-away places are greatly poor and belong to the very weak
section of the people' They are also not very literate and they may not be conscious
of their own rights. Further, as they are kept in bondage their freedom is also
restricted and they may not be in a position to approach the Supreme Court.
Though no fundamental right of the association that is the petitioner may be said to
be infringed, yet the petitioner who complains of violation of the fundamental right
of the workmen who have been wrongfully and illegally denied their freedom and
deprived of their constitutional right must be held to be entitled to approach -''the
Supreme Court on behalf of the bonded labourers for removing them from illegal
bondage and deprivation of liberty'

5. Self-Assessment Test

1. Discuss the concept of bonded labour

2. Describe briefly the directions given by the Supreme Court
3. Describe the assignments made to the commissioner by the Supreme Court.

268
16. B People's Union for Democratic Rights and Others
Versus
Union of India and Others
1982 Labour And industrial Cases 1646
(Judges P.N. Bhagwati and Baharul Islam)
1. Introduction
This case relates to non-observance and infringement of labour laws by
contractors employing workmen for Asiad Projects. The Union of India, the Delhi
Administration and the Delhi Development Authority cannot escape their
obligation to the workmen to ensure observance of labour laws by the contractors
and if these labour laws are not complied with by the contactors, the workmen
would clearly have a cause of action against the Union of India, the Delhi
Administration and the Delhi Development Authority.

2. Facts and Contentions

The Asian Games take place periodically in different parts of Asia. In

l982,India hosted the Asian Games. It was a highly prestigious undertaking and in
order to accomplish it successfully according to international standards, the
Government of India had to embark upon various construction projects which
included building of flyovers, stadia, and swimming pool, hotels and Asian Games
Village complex. This construction work was distributed by the Government of
India amongst various authorities such as the Delhi Administration, the Delhi
Development Authority and the New Delhi Municipal Committee. The various
authorities to whom the execution of the different projects was entrusted engaged
contractors for the purpose of carrying out the construction work of the projects
and they were registered as principal employers under Section 7 of the Contract
labour (Regulation and Abolition) Act, 1970. The contractors started the
construction work of the projects and for the purpose of caring out the construction

269
work they engaged workers through jamadars. The jamadars brought the workers
from different parts of India and particularity the States of Rajasthan, Uttar Pradesh
and Orissa and got them employed by the contractors. The workers were entailed to
a minimum wage of Rs. 9.25 per day that being the minimum wage fixed for
workers employed on the contractors of roads and in building operations but the
case of the petitioners was that the workers were not paid this minimum wage and
they were exploited by the contractors and the jamadars. The Union of India in the
affidavit reply filed on its behalf by Madan Mohan, Under Secretary, Ministry of
Labour, asserted that the contractors did pay the minimum wage of Rs. 9.25 per
day but frankly admitted that this minimum wage was paid to the jamadars through
whom the workers were recruited and the jamadars deducted rupee one per day per
worker as their commission and paid only Rs. 8.25 by way of wage to the workers.
The result was that in fact the workers did not get the minimum wage of Rs. 9.25
per day. The petitioners also alleged in the writ petition that the provisions of the
Equal Remuneration Act, 1976 were violated and women workers were being paid
only Rs.7 per day and the balance of the amount of the wage was being
misappropriated by the jamadars. It was also pointed out by the petitioners that
there was violation of Article 14 of the Constitution and of the provisions of the
Employment of Children Act, 1938 in as much as children below the age of 14
years were employing led by the contractors in the construction work of the various
projects. The petitioners also alleged violation of the provisions of the Contract
Labour (Regulation and Abolition) Act, 1970 and pointed out various breaches of
those provisions by the contractors which resulted in deprivation and exploitation
of the workers employed in the construction work of most of the projects. It was
also the case of the petitioners that the workers were denied proper living
conditions and medical and other facilities to which they were entitled under the
provisions of the Contract Labour (Regulation and Abolition) Act1970. The
petitioners also complained that the contractors were not implementing the
provisions of the Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act 1979 through that the Act was brought in force in the
Union Territory of Delhi as far back as 2nd October, 198O. The report of the team
of three social scientists on which the writ petition was based set out various
instances of violations of the provisions of the Minimum Wages Act, 1948, the
Equal Remuneration Act, ln6, Article 14 of the Constitution. The Employment of
270
Children Act, 1938 and the Inter-State Migrant Workmen (Regulation of
Employment and Conditions of Service) Act, 1979.

These averments made on behalf of the petitioners were denied in the

affidavits in reply filed on behalf of the Union. of India, the Delhi Administration
and the Delhi Development Authority, and two preliminary objections were raised
on behalf of the respondents; first preliminary objection was that the petitioners has
no locus standi to maintain the writ petition since, even on the averments made in
the writ petition, the rights saved to have been violated were those of the workers
employed in the construction work of the various Asiad Projects and not of the
petitioners and the petitioners could not there force have any cause of action.

The second preliminary objections urged on behalf of the respondents was

that in any event no writ petition could lie against the respondents, because the
workmen whose rights were said to have been violated were employees of the
contractors and not of the respondents and the cause of action of the workmen, if
any, was therefore against the contractors and not against the respondents. The
Count rejected the two preliminary objections.

3. Judgment

The first preliminary objection raises the question of locus standi of the
petitioners to maintain the writ petition. Here the workmen whose rights are said to
have been violated-and to whom a life of basic human dignity has been denied are
poor, ignorant, illiterate humans who by reason of their poverty and social and
economic disability, are unable to approach the Courts for judicial redress, and
hence the petitioners have under the liberalized rule of standing, locus standing to
maintain the present writ petition espousing the cause or the workmen. It is not the
case of the respondents that the petitioners are acting mala fide or out of
extraneous motives and in fact the respondents cannot so allege since the first
petitioner is admittedly an, organization dedicated to the protection and
enforcement of Fundamental Rights and making Directive Principles of State
Policy enforceable and justifiable . There can be no doubt that it is-out of a sense of

271
public service that the present litigation has been brought by the petitioners and it is
clearly maintainable

We must then proceed to consider the first limb of the second preliminary
objection. It is true that the workmen whose cause has been championed by. the
petitioners are employees of the cofactors but the Union of India, the Delhi
Administration and the Delhi Development authority which have entrusted the
contraction work of Asia Projects to the contractors cannot escape their obligation
for observance of various labour laws by the contracts. so far as the contract
Labour (Regulation and Abolition) Act, l970 is concerned it is clear that under
section 20, if any amenity required to be provided under sections 16,17,l8 or 19 for
the benefit of the workmen employed in an establishment is not provided by the
contractor, the obligation to provide such amenity rests on the principal employer
and therefore if in the construction work of the Asiad projects, the contractors do
not carry out the obligations imposed upon them by any of these sections, the
union of India, The Delhi Administration and the Delhi Development Authority as
Principal employers would be liable and these obligations would be enforceable
against them' The same position obtains in regard to the Inter-State Migrant
Workman (Regulation of Employment and conditions of service) Act, 1979. In the
case of this Act also, sections 17 and 18 make the principal employer liable to
make payment of the wages to the migrant workmen employed by the contactor as
also to pay the allowances provided under sections 14 and 15 and to provide the
facilities specified in section 16 to such migrant workman. In case the contractor
fails to do so and these obligations are also therefore clearly enforceable against the
Union of India, the Delhi Administration and the Delhi Development Authority as
principal employers. so far as Article 24 of the constitution is concerned, it
embodies a fundamental right which is plainly and indubitably enforceable against
every one and by reason of its mandate, no one can employ a child below the age
of 14 years in a hazardous employment and since as pointed out above ,
construction work is a hazardous employment no child below the age of 14 years
can be employed in construction work and therefore, not only are the contractors
under a constitutional mandate not to employ any child below the age of 14 years,
but it is also the duty of the Union of India, the Delhi Administration and the Delhi
Development Authority to ensure that this constitutional obligation is obeyed by
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the contactors to whom they have entrusted the construction work by the various
Asiad projects. the Union of India, the Delhi Administration and the Delhi
Development Authority cannot fold their hands in despair and become silent
spectators of the breach of constitutional prohibition being committed by their
own contractors. So also with regard to the observance of the provisions of the
Equal Remuneration Act, 1976, the Union of India, the Delhi Administration and
the Delhi Development Authority cannot avoid their obligation to insure that these
provisions are complied with by the contractors. It is the principle of equality
embodied in Article 14 of the Constitution which finds expression in the provisions
of the Equal Remuneration Act, 1976 and if the Union of India, the Delhi
Administration or the Delhi Development Authority at any time finds that the
provisions of the Equal Remuneration Act,l96 are not observed and the principle
of equality before the law enshrined in Article 14 is violated by its own contractor,
it cannot ignore such violation and sit quiet by adopting a non-interfering attitude
and taking shelter under the excuse that the violation is being committed by the
contractors and not by it If any particular contractor is committing a breach of the
provisions of the Equal Remuneration Act, 1976 and thus denying equality before
law to the workman the Union of India, the Delhi Administration or the Delhi
Development Authority as the case may be, would be under an obligation to ensure
that the Contractors observes the provisions of the Equal Remuneration Act 1976
and does not breach the equality clause, enacted in Article 14. The Union of India,
the Delhi Administration and the Delhi Development Authority must also ensure
that the minimum wage is paid to the workman as provide under the Minimum
Wages Act, 1948. The contractors are, of course, liable to pay the minimum wage
to the workman employed by them but the Union of India, the Delhi
Administration and the Delhi Development Authority who have entrusted the
construction work to the contractor both equally be responsibly to ensure the
minimum wage is paid to the workmen by their contractors. This obligation which
even otherwise rests on the Union of India, The Delhi Administration and the Delhi
Development Authority is additionally reinforced by Section 17 of the Inter-State
Migrant Workmen (Regulation of Employment and Conditions of Service) Act,
1979 in so far as migrant workmen are concerned. It is obvious, therefore; that the
Union of India, the Delhi Administration and the Delhi Development Authority
cannot escape their obligation to the workman to ensure dance of these labour
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laws by the contractors and if these labour the laws are side with by the
contractors, the workman would clearly have a cause of action against the, Union
of India, the Delhi Administration and the Delhi Development Authority.

With regards to the lamb of the second preliminary objection the argument
of their respondents was that a writ petition under Article 32 could not be
maintained unless it complained of a breach of some fundamental right or the other
and since what were alleged in the present writ petition were merely violations of
the labour laws enacted for the benefit of the workmen and not breaches of any
fundamental rights, the present writ petition was not maintainable and was liable to
be dismissed.

The Court did accept the plea of the respondents that the present writ
petition did not complain of any breach of a fundamental right. The complaint of
violation of Article 24 based on the averment that children below the age of 14
years were employed in the construction work of the Asiad Projects was clearly a
complaint of violation of a fundamental right. So also when the petitioners alleged
non-observance of the provisions of the Equal Remuneration Act, 1976, it was in
effect and substance a complaint of breach of the principle of equality before the
law enshrined in Article 14 and it could hardly be disputed that such a complaint
could legitimately form the subject matter of a writ petition under Article 32.

The rights and benefits conferred on the workmen employed by a contractor

under the provisions of the contract Labour (Regulation and Abolition) Act, 1970
and the Inter-State Migrant Workmen (Regulation of Employment and Conditions
of Service) Act, 1979 are clearly intended to ensure basic human dignity o the
workmen and if the workmen are deprived of any of these rights and benefits to
which they are entitled under the provisions of these two pieces of social welfare
legislation, that would clearly. Be a violation of Article 2l by the Union of India,
the Delhi Administration and the Delhi Development Authority which, as principal
employers, as made statutorily responsible for securing such right and benefits to
the workmen. With regard to non-payment of minimum wage to the workmen
under the Minimum wages Act, 1948, it is the fundamental right enshrined in
Article 23 which is violated by non-payment of minimum wage to the workmen.
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 The Court had directed by its order dated 11thMay l982 that whatever was
the minimum wage for the time being or if the wage payable was higher than such
wage, shall be paid by the contractors to the workmen directly without the
intervention of the jamadars and that the jamadars shall not be entitled to deduct
recover any amount from the minimum wage payable to the workmen as and by
way of commission or otherwise. The Court also directed in addition that if the
Union of India or the Delhi Administration or the Delhi Development Authority
found and for this purpose it could hold such enquiry as was possible in the
circumstances that any of the workmen had not received the minimum wage
payable to him, it Shall take the necessary legal action against the contractor
whether by way of prosecution or by way-of recovery of the amount of the short
fall The Court also suggested that hereafter whenever any contracts are given by
the government of any other governmental authority including a public sector
corporation, it should be ensured by introducing a suitable provision in the
contracts that wage shall be paid by the contractors to the workmen directly
without the intervention of any jamadars or thekadars and that the contractors shall
ensure that no amount by way of commission or otherwise is deducted or
recovered by the jamadars from the wage of the workmen. So far as observance of
the other labour laws by the contractors was concerned, the Court by its order dated
11th May,1982 appointed three Ombudsmen and requested them to make
periodical inspections of the sites of the constriction work for the purpose of
ascertaining whether the provisions of these labour laves were being carried out
and the workers were receiving the benefits and amenities provided for them under
these beneficent statutes or whether there were any violations of these provisions –
being committed by the contractors so that on the basis of the reports of the three
Ombudsmen, the Court could give further direction in the matter if found
necessary. The Court suggested that the authorities should institute an effective
system of periodic inspections coupled with occasional surprise inspections by the
higher officers in order to ensure that there are no violations of the provisions of
labour laws and the workmen art not denied the rights and benefits to which they
are entitled under such provisions and if any such violations are found, immediacy
action should be taken against defaulting off or contracts. That is the least which a

275
government or a governmental authority or a public sector corporation is expected
to do in a social welfare State.
 Conclusion
In the instant case, an organization formed for protecting democratic rights
addressed a letter to one of the Judges of the Supreme Court alleging violation of
labour laws in respect of the workman engaged in the various Asiad projects.

The letter was treated as a unit petition and it was held that the workman
whose rights are said to have been violated and to whom a life of basic human
dignity has been denied are poor, ignorant, illiterate humans who, by reason of
their poverty and social and economic disability, are unable to approach the courts
for judicial redress and hence the organization had locus standi to maintain the
writ petition espousing the cause of the workmen, as the petitioners Are not acting
mala fide or out of extraneous motives. AIR 1982 SC 149. Followed.

Where a person provides labour or service to another for remuneration.

which is less than the minimum wage, the labour or service provided by him
clearly falls within the scope and ambit of the words "forced labour” under' Article
23. Such a person would be entitled to come to the Court for enforcement of his
fundamental right under Article 23 by asking the court to direct payment of the
minimum wage to him so that the labour or service provided by him ceases to be
"forced labour” and the breach of Article 23 is remedied.

4. Self assessment test

1. Describe in brief the facts of the case (Asiad Case).

2. Write in brief the judgment of the case?
3. Assess the responsibilities of principal employer?

276
 16 .C Delhi Cloth & General Mills Ltd
Versus
Shambhu Nath Mukherjee
A.I.R. 1985 SC 141
(Judges D.A. Desai and Rangnath Mishra)

1. Introduction

This case is related to Industrial Disputes Act,1947 Sections 2-A, 10, 10A
and Sch.2, Items 3 and 6 dealing with (i) the termination of service of the workman
by striking off his name from roll of the employer, (ii) the award of Labour Court
holding termination as illegal and directing reinstatement of the workman, (ii)
relief to be given to the workman where physical reinstatement becoming
impossible by passing away of workman.

2. Facts and Contention

Decease Shambhu Nath Mukherjee who was a workman, served with the
Delhi X Cloth & General Mills Ltd., who were the employers. By its letter dated
January 19, 1966 the employer informed the workmen that his name has been
struck off the rolls with effect from August 24, 1965.

The workmen raised an industrial dispute questioning the termination of his

services. The conciliation proceedings having failed, an industrial dispute r9ferrcd
to the Labour. Court for its resolution. The issue framed was "whether the dispute
is an industrial dispute and whether the reference is bad’’ The Labour Court
answered the preliminary issue in favor of the workman and against the employer,
observing that in view of the provision contained in Section 2.A of the Industrial
Disputes Act, l947 any dispute regarding discharge, dismissal or retrenchment or
termination of service of even an individual workman, even if not espoused by a

277
Union, amounts to an industrial dispute and therefore, the reference was valid. The
Labour Court further held that the termination of service sought to be brought
about by striking off Same of the workman from the roll of the employer is illegal
and invalid. Consequently, the workman was required to be reinstated. Being
aggrieved the employer filed a writ petition in the Delhi High. Court questioning
the constitutional validity of Section 2-A. One of the contentions was that the
respondent could not be physically reinstated in service as he would have retired on
superannuation from the service of the employer on October 27,1972.

The Court framed the following two issues :

(1) Whether the appellant proves to the satisfaction of the Labour Court that
there is a valid rule of retirement on superannuation at the age of 58 years for
fu employers of the category to which the respondent belonged;

(2) If issue no. I is answered in the affricative, what amount including wages and
all other benefits such as bonus etc, as if he is in service' the appellant is liable
to pay the respondent from the date of termination of service on August
,4,1965, titled the date of his superannuation
The reference was remind to the Labour court which was directed to permit
both the parties m lead evidence and certify its findings to this Court.

The Labour court recorded its finding in the negative on the first issue against
the employer holding that there was no valid rule of retirement on superannuation
at the age of 58 years in respect of the category of employees to which the
respondent belonged. consequently, no finding was necessary on the second issue.

3. Judgment

As far as the deceased workman was concerned there was no rule under
which he could have retired on superannuation at the age of 58 years. Accordingly,
he must be paid his wage till the date of his death .The appellant shall pay an amount
of Rs.1,10,100 including costs to the widow of the dressed workman within a period
of four weeks from the date of judgment the amount shall be paid by a demand draft

278
in favour of Register , of the Supreme Court and on the receipt of amount, the
Register shall Mrs. Durga Mukhejee, the widow of the deceased workman and
dispatch the amount to her.

4. Conclusion
The termination of service sought o be brought about by striking off the name of the
workman from the roll of the employer was held to be illegal and invalid by the Labour
Court and the employer was directed to reinstate the workman. The writ petition filed by
the employer questioning the finding of the Labour Court was dismissed by the High
Court of Delhi. After an unsuccessful appeal under the Letters patent, the matter was
brought to the Supreme Court by a its decision reported in A.I.R. 1978 SC 8: 1977 Lab IC
1695 Rejected all the contentions on behalf

of the employer and confirmed the award of the Labour Court. In

implementation of the award the employer had to reinstate the workman in service.
As the, employer had to reinstate the workman in service. As the employer did not
implement the award the civil miscellaneous petition was filed by the workman in
the Supreme Court for appropriate orders. In the meantime the workman had taken
out a petition for taking action in contempt against the employer. Unfortunately,
the matter could not be listed for Sometimes and the workman died before the
disposal of the petition. The physical reinstatement had thus become impossible by
the passing away of the workman.
The employer was therefore directed to pay Rs. 1,10,000 including costs to
the widow of the deceased workman within a period of four weeks from the date of
order. The said amount was over and above the amount of Rs. 46, 151.60 already
paid to the workman as an amount covering the dues payable to the workman with
interest at 9% consequent upon the order of reinstatement made by the Supreme
Court .

2. Self-Assessment Test

1. Describe brief facts and contentions of the case.

279
2. Make an assessment of the judicial pronouncement in this case
3. Explain the two issues framed by the court and referred to the Labour Court
4. Discuss the answer of Labour Court regarding two preliminary issues.

280