INTRODUCTION

Labour law in India are quintessential for protection of workers and employees’ rights, fostering fair and equal working conditions and guaranteeing their welfare and well- being. This area of law denotes the interaction between a worker, a trade union and the government as a whole. It is more like a safeguarding shield for employees, laborers and workers who are usually unaware of their rights and better working conditions that they deserve. However, labour law is often taken along with Employment Laws ignoring the thinnest line of differentiation that both have- I.e., while labour law deals with workers, laborers, employees; Employment laws particularly deals with the relationship between Employers and Employees.

Labour law aims to establish a framework for labour relations that promotes amicable working relationships between organized labor and laboures. The laws dealing with Labour and Employment laws in India legislates the matters concerning labour- relations, functions and registration of a trade union, adequate and safe working environment, amicable working hours, health and hygiene at workplace, fair and equal treatment to women, maternity benefits, conditions for which labourers/workers may go for strikes, bandh calls etc,.

HISTORY

The constant conflicts between workers and trade union led to the emergance of Labor Laws in India during the Industrial Revolution back in the 18^th Century. Labour laws have grown as a result of the workers’ ongoing demand for imrpoved working conditions in order to maintain a decent standard of life and employers’ need for flexible, cost effective, and productive workforce in order to increase output and sales.

DEVELOPMENT OF LABOR LAW IN INDIA

The labour law is often called as the Industrial Laws in the country. In India, the notion of labour laws is also subtly entangled with the roots of British Cononialism. It was enacted at first during the British era with the sole motive to protect the rights of the British Employers. The laws/legislation which have been existing since then were definitely enacted keeping the British Political Economy in mind, and certainly, the Factories Act, 1883¹ came into force that very way for the immense pressure put forward on the British Parliament from various textil tycoons. Hence, India got it’s first legislation for the protection of certain rights such as minimum wokring hours shall be eight hours of work, abolition of child labour, women are restricted working in the night shift, exposure to overtime wages for workers who choose to work beyond eight hours and so on.

CONSTITUTIONALITY OF LABOUR LAW

Labour laws fall under the Concurrent List of the Constitution of India, which evidently means that the State and the Union are both equally competent to legislate and administer labour law matters. Part III and Part IV of the Constitution have time and again recognized the concept of labourers’ rights and their dignity via various precedents ensuring their fundamental rights and the Directive Principles of State Policies are never violated.

• M.C MEHTA V. UNION OF INDIA [1987 AIR 1086]

The M.C Mehta v. Union of India, 1987 case which is popularly known as The Shivakashi Fireworks Case, is a landmark judgement that underlines the scope of Article 21 of the Constitution. In the said case, the Hon’ble Apex Court, scrutinized the constitutionality of the provisions of the Factories Act, 1948 with respect to the working conditions of children in hazardous industries, specifically in the context of environmental and occupational health concerns. The Court further added to the purview of Article 21 and marked “right to work in a healthy environment” is also a part of the said Article. Hence, the child labours involved in the said factory were shifted from the manufacturing unit of the factory to the packaging unit.

• NATIONAL FEDERATION OF WOMEN V. UNION OF INDIA [2004]

This case primarily deals with the Maternity Benefit Act, 1961 and its constitutional validity in the light of gender equality concerns. The Supreme Court upheld the Act, noting that it promoted social justice by safeguarding women’s rights to maternity leave and benefits. It also affirmed the state’s responsibility to ensure that women workers are not discriminated against based on their gender, supporting the idea of a welfare state under the Constitution underlining the exceptions of Article 15 that special provisions can be made by the state with respect to women, children and senior citizens.

• PEOPLE’S UNION FOR DEMOCRATIC RIGHTS V. UNION OF INDIA [1982 AIR 1473]

This case is yet another landmark judgement examining the constitutionality of the Bonded Labour System (Abolition) Act, 1976. The Supreme Court interpreted Article 23 (prohibition of forced labor) and held that bonded labor, often prevalent in certain industries, violated the Constitution and the dignity of the individual. This landmark decision helped highlight the government’s constitutional duty to abolish exploitative labor practices and ensured the applicability of fundamental rights to all workers, especially marginalized groups.

MINISTRY OF LABOUR AND EMPLOYMENT

The Ministry of Labour and Employment of the Government of India is responsible for formulating and administering policies and programs related to labor welfare, industrial relations, employment and social security in the country. The Ministry focuses on creating employment opportunities for the workforce, addressing issues related to unemployment, and promoting vocational training. It works towards skill development and capacity building for the Indian workforce, particularly through initiatives like the Skill India Mission and National Skill Development Corporation (NSDC). It is also responsible for overseeing various social security schemes for workers, including those relating to health, pension, insurance, and provident funds. This includes the Employees’ Provident Fund (EPF), Employees’ State Insurance (ESI), and the Gratuity Act. It ensures that workers have access to benefits related to their welfare during illness, injury, and retirement. Pradhan Mantri

Rojgar Protsahan Yojana (PMRPY), Pradhan Mantri Kaushal Vikas Yojana (PMKVY), E-Shram Portal are some of the key schemes by the Ministry to help and safeguard the labour sector.

LABOUR COMMISSIONER

The Labour Commissioner is a senior administrative officer in India responsible for overseeing the implementation of labor laws and ensuring the welfare of workers. The Labour Commissioner operates at both the central and state levels, depending on the jurisdiction, and plays a pivotal role in maintaining industrial harmony, regulating working conditions, and enforcing labor standards. The Labour Commissioner oversees inspections of workplaces to ensure adherence to labor laws. This includes inspecting factory conditions, monitoring safety standards, ensuring fair wages, and confirming the adequacy of social security benefits (such as provident funds, insurance, etc.) for workers. The Commissioner ensures that employers provide a safe working environment and meet the health and safety standards mandated by law.

CONCLUSION

Upholding labor rights is a commitment to the welfare and human dignity of employees as well as an issue of legal compliance. The development and fortification of labor laws guarantee that workers are not only seen as contributors to the economy but also receive the respect and rights they are entitled to, reflecting the larger objectives of social justice, equality, and economic fairness.

AUTHOR: Debashrita Manik. LLM, KIIT SCHOOL OF LAW

¹ https://labour.gov.in/sites/default/files/factories_act_1948.pdf