Historical Development of Labour Laws

 

Historical Development of labour laws Four Phases Hindu period Muslim period British Period Independent India

 

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Early Industrial Period—

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1854 18 54-- Co Coal al Mi Mine ness

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Jute Mills in Surat Cotton Mills in Amedabad, Bombay

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Plantations workers exploitation

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(All of these provided provided employm employment ent-- but long hours, insanitary conditions , no rest , no holidays)

 

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Tata Steel Steel 1859 1859-1932 -1932-- opened plant plant at  jamshedpur-1,20,000 workers workers by 1945-high pay . Fact actori ories es Ac Actt In Intr troduc oduced ed-18 -188383- eig eight ht hour hourss of work, overtime after 8 hrs, no child to be employed, no woman to work at night. 1919 19 19-- Al Alll labou labourr le legi gisl slat atio ions ns under under the the government of India Act.

 

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After world war –I (1914 -1918) ---labour ---labour legislati legislation on took shape. Montague Mont ague Chemford Chemford reforms reforms – provided autonomy on provinces. 1923- workmen workmen compensati compensation on Act passed. passed. Trade Union Act 1926. Imperial government of Britain constituted – First Royal Commission-1929-chairmanship whitley-to enquire and report on then existing conditions conditions of labour in Industries and plantations. plantations. – Recommends-Social security schemes.welfare schemes.welfare schemes –medical facilities , workmen compensation etc. Legislative powers held jointly by central and provincial governments. Government Gover nment of India India ActAct- 1935- few few legislat legislations ions passed.

 

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1938- Bomba 1938Bombay y Indus Industrial trial Dispute Disputess Act 1938 1938 was first to provide for perma permanent nent machinery- in fform machineryorm of Indust Industrial rial Court Court for for settlement of disputes.

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Act replaced Bombay Industrial Relations Act

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1946. -

 

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1943- The Labour In Inves vestig tigati ation on Committee Committee-Rege Re ge Commit Committe teee- to examine existing labour legislation and to make rec recommendation. ommendation. In its ReportReport- poor enfo enforce rcement ment of labour labour legislations.

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Slow implementation of recommendations. No proper standard of Inspection.

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Absence of social security legislation.

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1944- B.P 1944B.P.Ad .Adark arkar ar Comm Commit itte teee- adv advoca ocate ted d health health insurance.. The workmen State Insur insurance Insurance ance Bill 1946 introduced. introduce d. Select committee made certain modific modi ficati ations ons-- bil billl pas passed sed –ESI Act -1948. Provided cash benefits in case of sickness,injury and maternity maternity.. Bombay ID Act amended many times. Truce Resolution passed-t o maintain peace – no strikes and lockouts. To solve disputes tripartite and bipa biparti rtite te-- ID Ac Actt 194 1947 7 –passed.

 

Post Independen Independencece- Constitu Constitution tion of India •

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Concept of collective collective bargaining developed- The Minimum wage wage Act 1948-passed- three types of wages-- minimum, wages minimum, fair and living wage. Preamble Pream ble -justice,so -justice,social cial ,economic ,economic political political objecti objectivesves- to achieve achieve – establishment of welfare state.  –establishment Administration of labour laws- responsibility of of both Union and State being on concurrent list. Adopted clauses of Philadelphia declaration- brought constitutional rights-Art-19right to freedom, Art 23-no forced labour,Art 24-prohibition of child labour,right labour,right against expolitation, expolitation, Art 39-equal pay for equal work, Art 41-right to work, Art  – 42-right to just and humane condition ,maternity relief. relief. 43-living wage for workers, 43A-participation of workers in Management –State should take steps to find suitable legislation for workers participation in management . Bijay Cotton Cotton Mills ltd vs State State of Ajmer Ajmer AIR,1955, AIR,1955, SC, SC, 33- SC empasize empasized d on Art-42Art-42- and 43 A.

 

First National Commission on labour1966 • •

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J.Gajendragadk J.Gajendr agadkarar- chairmanchairmanTo review changes in conditions of labour since independence and t report on existing conditions. Review Revie w on existing existing legislative legislative and and other provisions intended to protect labour. labour. To assess their working and advice on implementation of directive principles of state policy. To advice on national objectives for achieving planned economic development. To study the standard of living,health ,safety conditions, welfare,housing,training,education , wage policy, welfare,housing,training,education policy, bonus industrial relations rela tions machiner machiner ,and adminis administra tration tion of labo labour ur laws –centre and in States. Arrangements of social security Improving conditions of rural labour and unorganiz unorganized ed labour. labour.

 

After NCL-1966 •

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1991-Economic policy changed-liberaliz 1991-Economic changed-liberalization ation,, globalization and foreign foreign investments encuraged, import restrictions removed, customs tariff brought down, doors f indian economy opened for competition. Indi In dirra Gand Gandhi hi –Nationaliz Nationalized ed 14 banks. Morarjee Morarj ee DesaiDesai- br broug ought ht change changess in workin working g of public sector-MNC MNC’S ’S encouraged. encouraged. Atal Bi Biha hari ri vajpa ajpay yeeee-encouraged MNC’s.

 

Second Sec ond Lab Labour our Com Commis missio sion-19 n-1999 99 •

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Chairman-Dr.Ravindra Chairman-Dr.Ravindr a Verma-Report-sugge erma-Report-suggested sted-Methods, Metho ds,timing timings,and s,and cond conditions itions of wo work rk in industry, trade and services. Need for bringing existing laws in tune with futur fut ure e labour labour mark marketSocial Security legislations –to bring changes

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Suggested rationalization existing laws in organized sector and bringofabout umbrella legislation for ensuring minimum protec protection tion for unorganized workers. workers.

 

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Indian econom economy y turbulenceturbulence- more more closures. The closure of industrial units and bankruptcy are a normal feature feature in the developed economies all over the world. economies with their well-established Developed well-established social security systems, easily take care of workers displaced by such closures. Developing economies-with their limited investible investible resources and relatively limited alternative employment opportunities, however, cannot, easily afford. It lay down rules for closure, retrenchment and lay off.