LABOUR LAW II Prepared As Per the Syllabus Prescribed by Karnataka State Law University (KSLU), Hubballi
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KLE LAW ACADEMY BELAGAVI (Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College, Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai) STUDY MATERIAL for LABOUR LAW II Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi Compiled by Reviewed by Dr. Mahantesh Madiwalar, Asso. Prof. Dr. Mahesh R.S., Asst. Prof. Dr. Mahesh R.S., Asst. Prof. Jomy George, Asst. Prof. K.L.E. Society's Law College, Bengaluru This study material is intended to be used as supplementary material to the online classes and recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation for their examinations. Utmost care has been taken to ensure the accuracy of the content. However, it is stressed that this material is not meant to be used as a replacement for textbooks or commentaries on the subject. This is a compilation and the authors take no credit for the originality of the content. Acknowledgement, wherever due, has been provided. LABOUR LAW-II UNIT-I CONSTITUTIONAL DIMENTIONS OF INDUSTRIAL RELATIONS AND LABOUR TABLE OF CONTENTS Chapter CONTENTS Page No 1 Labour Welfare and Indian Constitution 2-11 2 Bonded Labour System (Abolition ) Act 1976 12-26 3 The Equal Remuneration Act, 1976 28-37 4 The inter-state Migrant Workmen (Regulations of 38-56 Employment and Conditions of Service ), Act, 1979, 5 Sexual Harassment of Women at Workplace(Prevention, 57-78 Prohibition and Redressal ), Act, 2013 UNIT-II WAGES, BONUS AND GRATUITY TABLE OF CONTENTS Chapter CONTENTS Page No 1 Concept of Wages- Minimum Wages Act 1948 79-97 2 Bonus- Payment Bonus Act 97-109 3 Gratuity- Payment of Gratuity Act 109-122 UNIT-III PROTECTION OF CHILD LABOUR AND CONTRACT LABOUR TABLE OF CONTENTS CHAPTER CONTENTS Page No 1 1 The Child and Adolescent Labour (Prohibition and Regulation) 122-137 Act 1986 2 The Contract Labour (Regulation and Abolition ), Act 1970 137-156 UNIT-IV SOCIAL SECUTITY TABLE OF CONTENTS CHAPTER CONTENTS Page No 1 The Employees Provident Funds and Miscellaneous Provisions 157-163 Act, 1953 2 The Maternity Benefit Act, 1961 163-174 UNIT-V PROTECTION OF UNORGANIZED LABOUR TABLE OF CONTENTS CHAPTER CONTENTS Page No 1 Unorganized Workers Social Security Act, 2008 175-180 2 Karnataka Shops and Commercial establishment Act, 1961 180-186 3 Special Economic Zones Act 2005 186-191 2 UNIT-I CONSTITUTIONAL DIMENTIONS OF INDUSTRIAL RELATIONS AND LABOUR CHAPTER-1 LABOUR WELFARE AND INDIAN CONSTITUTION SYNOPSIS 1. Concept of labour welfare 2. Preamble 3. Fundamental rights a. Article 14 b. Article 19 (1) (c) c. Article 23 d. Article 24 4. Directive principles of state policy a. Article 39 b. Article 39 A c. Article 41 d. Article 42 e. Article 43 f. Article 45 g. Article 46 h. Article 47 1. Concept of Labour Welfare in India The concept of labour welfare is a broad concept. It connotes a condition of well-being, happiness, satisfaction, conservation and development of human resources. Labour welfare 3 activities arose in colonial India in reply to the need for cheap labours. The British government passed legislations which led to the development of the concept of labour welfare in colonial India. The Fatal Accidents Act of 1853 aimed at providing compensation to the families of workmen who lost their lives as a result of an ‘‘actionable wrong. 2. PREAMBLE “The founding fathers of the Constitution cognizant of the reality of life-wisely engrafted the Foundational Rights and Directive Principles... 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 and to minimise the inequalities in income and endeavor to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas and engaged in different vocations.”' The preamble of the Constitution, inter alia, seeks to provide: • Justice, Social, Economic and Political • Liberty of thought, expression, belief, faith and worship • Equality of status and of opportunity • Fraternity, assuring the dignity of the individual and unity and integrity of nation The above principles enshrined in the preamble of our Constitution provide the bedrock for framing all labour and social legislation and their progressive and creative interpretation in favour of working classes. These principles run through our labour legislations tike invisible golden threads and provide them strength and stamina to meet the aspirations of working classes; whether it is protective legislations, social security legislations, welfare legislations or even industrial relations legislations, they all heavily lean towards working classes due to the philosophy provided in the preamble.' 4 3. FUNDAMENTAL RIGHTS The fundamental rights, which are contained in Part III of the Constitution, limit and control legislative competency. Any law including labour legislation contravening any fundamental right is void. Any citizen affected by such a law has a right of access to the courts under articles 32 and 226; whereunder it is the duty of the Supreme Court, or a high court, respectively, to enforce fundamental rights by issuing writs or suitable orders or directions. a. Article 14 Art 14 of the Indian Constitution explains the concept of Equality before law. The concept of equality does not mean absolute equality among human beings which is physically not possible to achieve. It is a concept implying the absence of any special privilege by reason of birth, creed or the like in favour of any individual, and also the equal subject of all individuals and classes to the ordinary law of the land. As Dr Jennings puts it: "Equality before the law means that among equals the law should be equal and should be equally administered, that like should be treated alike. The right to sue and be sued, to prosecute and be prosecuted for the same kind of action should be same for all citizens of full age and understanding without distinctions of race, religion, wealth, social status or political influence” It only means that all persons similarly circumstance shall be treated alike both in the privileges conferred and liabilities imposed by the laws. Equal law should be applied to all in the same situation, and there should be no discrimination between one person and another. As regards the subject-matter of the legislation their position is the same. Thus, the rule is that the like should be treated alike and not that unlike should be treated alike. In Randhir Singh v. Union of India the Supreme Court has held that although the principle of 'equal pay for equal work' is not expressly declared by our Constitution to be a fundamental right, but it is certainly a constitutional goal under Articles 14, 16 and 39 (c) of the Constitution. This right can, therefore, be enforced in cases of unequal scales of pay based on irrational 5 classification. The decision in Randhir Singh's case has been followed in a number of cases by the Supreme Court. b. Article 19 (1) (c) Art 19 (1) ( c) speaks about the Fundamental right of a citizen to form associations and unions. Under clause (4) of Article 19, however, the State may by law impose reasonable restrictions on this right in the interest of public order or morality or the sovereignty and integrity of India. The right of association pre-supposes organization. It as an organization or permanent relationship between its members in matters of common concern. It thus includes the right to form companies, societies, partnership, trade union, and political parties. The right guaranteed is not merely the right to form association but also to continue with the association as such. The freedom to form association implies also the freedom to form or not to form, to join or not to join, an association or union. In Damayanti v. Union of India The Supreme Court held that "The right to form an association", the Court said, "necessarily 'implies that the person forming the association has also the right to continue to be associated with only those whom they voluntarily admit in the association. Any law by which members are introduced in the voluntary association without any option being given to the members to keep them out, or any law which takes away the membership of those who have voluntarily joined it, will be a law violating the right to form an association". c. Article 23 Article 23 of the Constitution prohibits traffic in human being and beggar and other similar forms of forced labour. The second part of this article declares that any contravention of this provision shall be an offence punishable in accordance with the law. Clause (2) however permits the State to impose compulsory services for public purposes provided that in making so it shall not make any discrimination on grounds only of religion, race, caste or class or any of them. 'Traffic in human beings' means selling and buying men and women like goods and includes immoral traffic in women and children for immoral" or other purposes. Though slavery is not expressly mentioned in Article 23, it is included in the expression 'traffic in human being'. 6 Under Article 35 of the Constitution Parliament is authorized to make laws for punishing acts prohibited by this Article. In pursuance of this Article, Parliament has passed the Suppression of Immoral Traffic in Women and Girls Act, 1956, for punishing acts which result in traffic in human beings. Article 23 protects the individual not only against the State but also private citizens.