1. LABOUR LAWS

2. INTRODUCTION HUMAN BEINGS LIVE IN SOCIETY
A HUMAN BEING IS FREE IN PURSUIT OF HIS OWN PURPOSE IN LIFE, BUT SINCE HE LIVES IN SOCIETY HIS BEHAVIOUR IS TO BE CONTROLLED, RESRTAINED AND GUIDED.
MANY INSTITUTIONS EXIST TO CONTROL AND GUIDE HUMAN BEHAVIOUR
- RELIGIOUS COMMANDMENTS,
- SOCIAL CUSTOMS, TRADITIONS AND CONVENTIONS,
- LEGISLATION

3. CONCEPT OF LAW - THE BIBLE THE TEN COMMANDMENTS
MOSES THE GREAT LAWGIVER OF
THE CHOSEN PEOPLE
- VEDAS
MANUSMRITI VARNA-ASHRAMA-DHARMA
DHARMA MEANT A WAY OF LIFE
- TRIBAL RELIGION
GENESIS STORY
KHUNTKATTI- CHOTANAGPUR TENANCY ACT, 1908

4. ORIGIN
SOCIAL LAWS
In ancient times Social Laws were the only laws concerning all aspects of social life including labour
LABOUR LAWS
Labour Laws are product of modern times

5. HISTORY OF MODERN SOCIAL AND LABOUR LEGISLATION
WESTERN HISTORY
COLONIALISM
WESTERN INFLUENCE IN INDIAN HISTORY

6. FORCES INFLUENCING MODERN SOCIAL AND LABOUR LEGISLATION
Industrial Revolution in Europe- 18th Century
Early Industrialism- Individualism, freedom of contract, laissez-faire
Rise of trade unionism
Growth of Political freedom and extension of Franchise

7. Rise of Socialist and Revolutionary ideas
Growth of Humanitarianism, Social welfare and Social justice
International Labour Organization (ILO) 1919

8. FORCES INFLUENCING SOCIAL AND LABOUR LEGISLATION IN INDIA
Indian Social System-
Becoming Old and Archaic with changing times
Colonial Rule-
Traders to Rulers
Interest remained economic
- Tea District Emigrant Labour Act, 1832
- Workmen’s Breach of Contract Act, 1859
- Indian Factories Act, 1881
Early Administrators were Civil Servants of England so colonial heritage

9. Struggle for National Emancipation, Independence and Adoption of The Constitution of India
- Mass movement of Political leaders, workers, peasants
- Indian Trade Union Act, 1926
- Royal Commission on Labour 1929
- Indian National Congress, Karachi Session Resolution on Rights of Labour
- Independence of India 1947
- Adoption of The Constitution of India 1950

10. THE CONSTITUTION OF INDIA AND SOCIAL AND LABOUR LEGISLATION
The Constitution of India is the Source, Root, Foundation of all legislation in modern India
The Preamble- To constitute India into a sovereign democratic republic and to secure to all its citizens justice, liberty, equality and to promote fraternity
It contains important provisions bearing on the course of Social and Labour Legislation
Social- as Citizen
Labour- as Worker

11. These are mainly incorporated in
Fundamental Rights
- Right of Equality
- Right to Freedom
- Right against Exploitation
Directive Principles of State Policy
Fundamental Rights are justiceable
Directive Principles, though not justiceable, are fundamental in governance of the Country and it is the duty of the State to apply these principles in making laws

12. The Constitution of India provides three limbs of governance for its effective functioning- Legislature,
Executive and
Judiciary.
Their functioning is based on the principle of “checks and balances”

13. FUNDAMENTAL RIGHTS Article 12- Definition of State
Article 14- Right to Equality before the law or the equal protection of the laws
Article 15- Right to equality, not to be discriminated against on grounds only of religion, race, caste, sex, place of birth or any of them, but Special provision for S.C. and S.T.
Article 16(1)- Right of equal opportunity
Article 17- “Untouchability” is abolished
Article 19(1)- Right to Freedom
Article 23(1)- Right against exploitation

14. DIRECTIVE PRINCIPLES OF STATE POLICY
Article 36- Definition of State remains the same
Article 37- The provisions shall not be enforceable by any court but the principles are fundamental in the governance of the county and it shall be the duty of the State to apply these principles in making laws
Article 38(1)- Promotion of welfare of people
Article 39- Adequate means of livelihood
Article 41- Right to work

15. Article 42- Just and Humane condition of work, maternity relief etc.
Article 43- Living wages

16. PRINCIPLES OF MODERN LABOUR LEGISLATION
Principle of Protection
Fixation of maximum hours of work
Weekly day of rest and holidays
Health
Safety
Minimum wages
Night shift for women and children
Underground work
Wage payment

17. It is to be noted that British Legislation was in force in India, so, if existing, it was adapted with changes, if not, it was enacted fresh.
Laws enacted on the basis of Principle of
Protection
Factories Act, 1948
Mines Act, 1952
Plantation Labour Act, 1951
Contract Labour (Regulation and Abolition) Act, 1970
Payment of Wages Act, 1936
Minimum Wages Act, 1948

18. Principle of Social Justice
Equal Remuneration Act, 1976
Indian Slavery Act, 1843
Bonded Labour System (Abolition), 1976

19. Principle of Regulation
Trade Union Act, 1926
Industrial Disputes Act, 1947
Industrial Employment (Standing Orders) Act, 1946

20. Principle of Welfare
Mica Mines Labour Welfare Funds Act, 1946

21. Principle of Social Security
Maternity Benefit Act, 1961
Workmen’s Compensation Act, 1923
Employees’ State Insurance Act, 1948
Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

22. Principle of Economic Development

23. Principle of International Obligation

24. DISTRIBUTION OF LEGISLATIVE POWER
Article 246 and Seventh Schedule
Union List- Parliament has the exclusive power to make laws with respect to any of the matters enumerated in the Union List
(i) Defence
(ii) Atomic Energy
(iii) C B I
(iv) Railways
(iii) Shipping and Navigation

25. (iv) Ports
(v) Airways
(vi) Posts and Telegraphs
(vii) Banking
(viii) Insurance
(ix) Industries controlled by Central Government
(x) Oilfields
(xi) Regulation of Labour and safety in Mines and Oilfields

26. (xii) Industrial Disputes concerning Union Employees
(xiii) Inter-State Migration
(xiv) Union Pension

27. State List- State Legislatures have the exclusive power to make laws with respect to any of the matters enumerated in the State List
(i) Public order
(ii) Police
(iii) Prisons
(iv) Local Government
(v) Public Health and Sanitation
(vi) Agriculture
(vii) Land

28. Concurrent List- Parliament and State Legislatures both have the power to make laws with respect to any matter enumerated in the Concurrent List
(i) Criminal Law
(ii) Criminal Procedure
(iii) Trade Unions- Industrial and Labour Disputes
(iv) Social Security and Social Insurance
(v) Welfare of labour
(vi) Factories
(vii) Electricity

29. LABOUR LAWS…GROWING
New Bills
Amendments
Case laws

30. CONCLUSION
With the above background in mind, if we study Labour Laws, our study will become more meaningful