Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in

Concept of Social Security and Labour in : An analytical study*

Raman Sharma Ph.D. Research Scholar Department of Laws, Panjab University, Chandigarh

Abstract: The concept of social security is needed economic inequalities and for making direct to establish peace, stability and protection in the contributions to the well being of all. The gist of society. Now social security has become a fact of social security is that the State shall make itself life for millions of people, throughout the world. responsible for ensuring a minimum standard of Social security is a major aspect of public policy material welfare to all its citizens on a basis wide and the extent of its prevalence is a measure of the enough to cover all the main contingences of life. It progress made by a country towards the ideal of a aims to help individuals in their times of . The main strength of the social dependency. The main risk of insecurity to which security system is that it acts as a facilitator – it human life is exposed and in relation to which helps people to plan their own future through organised society can afford relief to the helpless insurance and assistance. Social security for individuals are incidents of life occurring right workers is a concept which over a time has gained from childhood upto old age & death and include importance in the industrialized countries. Broadly, mainly sickness, maternity, invalidity, accident and it can be defined as measures providing protection industrial disease, unemployment, old age, death of to working class against contingencies like- the bread-winner and other such emergency.ii retirement, resignation, retrenchment, maternity, old age, unemployment, death, disablement and 2.1- Definitions other similar conditions. I.L.O. defines social security as- The security that 1- Introduction the society furnishes through appropriate organization against certain risks to which its “No lasting peace without social justice no members are exposed. These risks are essentially social justice without social security” contingencies against which the individual of small means cannot effectively provide by his own ability o r f o r e s i g h t a lone or even in private combination Leo Killbmann with fellows.iii

Social Security and labour welfare is a basic need In India, The National Commission on Labour of all people regardless of the sector of has endorsed the I.L.O. definition of social security employment in which they work. Social Security is and observes- Social security envisages that the one of the most powerful institutional expressions members of a community shall be protected by of social solidarity and an important means by collective action against social risks causing undue which an adequate standard of living for the people hardship and privation to individuals whose prime is ensured. Social security and labour welfare is recourses can seldom be adequate to meet them. iv being increasingly recognized as a dynamic concept which has widely influenced the social and Social security, according to New Zealand Royal economic policies of all the developed and Commission should ensure that- everyone is able developing countries. It is one of the pillars on to enjoy a standard of living much like that of the which the structure of welfare State is rests. The rest of the community, and thus is able to feel a concept of social security and labour welfare in sense of participation in & belonging to the modern welfare State is much too broad enough community.v providing comprehensive social security from ‘womb to tomb’.i Labour Welfare is an extension of the term welfare and its application to the labour. It is true that 2- Meaning of social security and labour welfare labour occupies an important position in every society, but its import has not always received the Social security is as old as society itself, but its requisite accreditation. In India, labour welfare form has evolved according to its needs and the started in its broader meaning, but has gradually level of social consciousness of the people. Social become narrower in its outlook. The necessity of security is important for reducing social and welfare work is beyond the stage of debate and is

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Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in recognized as an integral part of industrial strength and spirit from the of management in all countries. The need for the State Policy as contained in the Constitution. improving the material conditions of workers, both Although the is yet to from the social view point and from the effect on recognize social security as a fundamental right it productive efficiency, is being increasingly does require that the State should strive to promote appreciated throughout the civilized world. Labour the welfare of the people by securing and welfare work postulates a real change of hearts and protecting, as effectively as it may, a social order in change of outlook on the part of both the employers which justice social, economic and political shall and the workers as parts of an integral whole. inform all the institutions of national life. The state here discharges duty as an agent of the society in The Oxford Dictionary defines Labour Welfare as order to help those who are in adverse vi efforts to make life worth living for workmen. contingencies. Social security and labour welfare The Encyclopaedia of Social Sciences defines falls under the concurrent list; it means both union labour welfare as the voluntary efforts of the and state government can make laws regarding employers to establish, within the existing social security issues. Art 41, 42, 43 of the industrial system, working and sometimes living Constitution do talk about the same also, the and cultural conditions of the employees beyond concurrent list in (Seventh Schedule) of the what is required by law, the custom of industry and Constitution of India mention like; the conditions of the market.vii The Committee on Labour Welfare, set up by the Government of 1. Social security and insurance, employment India in 1969, in its report defined labour welfare to and unemployment. include such services, facilities and amenities as a 2. Welfare of labour including conditions of adequate canteens, rest and recreation facilities, work, provident funds, employer’s sanitary and medical facilities, arrangements for liability, workmen’s compensation, travel to and from work and for the accommodation invalidity and old age pension and of workers employed at a distance from their maternity benefits. homes and such other services, amnesties and facilities including social security measures as contribute to improve the conditions under workers are employed. The International Labour 3.1- Frameworks of social security relating to Organisation also observed that the term is one Organised sector which lends itself to various interpretations...... it may include not only the minimum standard of The Constitution of India ensures that the State hygiene and safety laid down in general labour shall strive to promote the welfare of the people by legislation, but also aspects of working life as securing and protecting as effectively as it may a social insurance schemes, measures for protection social order in which justice, social, economic and of women and young workers, limitation of hours political shall inform all the institutions of the of works, paid vacations etc.viii national life set standards for achievements before the Legislature and Executive, local and other 3- Social Security- its provisions in India authorities, to achieve social & economical welfare of the people.xThe main statutory provisions that The concept of social security, according to the have been provided so for in the country in the National Commission on Labour is based on ideals direction of social security are as follows: of human dignity and social justice. The underlying idea behind social security measures is that a 3.1.1- The Employee’s Compensation Act, 1923 citizen who has contributed or is likely to The object of the Act is to impose an obligation contribute to his country’s welfare should be given protection against certain hazards of life to which upon employer to pay compensation to workers for he is exposed either in his working life or as a accidents arising out of and in the course of consequences of it. In other words, social security employment. The scheme of this enactment is not insures a person against economic distress resulting to compensate the workmen in lieu of wages but to from various contingences and assures him a pay compensation for the injury caused. The minimum level of living consistent with the Employee’s Compensation Act extends to the ix whole of India. The Central and State Governments nation’s capacity to pay. are empowered to extend the scope of the Act to India, being a welfare State, has taken upon itself any class whose occupations considered hazardous the responsibilities of extending various benefits of after giving three months notice in the official social security and social assistance to its citizens. gazette. The Act is administered by the State The social security legislations in India derive their Governments, who are required to appoint Commissioners of Employee’s Compensation Act.

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Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in

3.1.2- The Employee State Insurance Act, 1948 This scheme is compulsory for all the persons, who were members of the Family Pension Schemes, The object of the Act is to provide for certain 1971. Minimum 10 years contribution service is benefits to employees in case of sickness, maternity required for entitlement to pension.xii and employment injury & to make provisions for certain other related matters. The Act extends to the 3.2- Frameworks relating to social security in whole of India and applies to all the factories, other unorganised sector than seasonal factories, run with power and employing 20 or more persons. The Act has also The majority of workforce in the unorganised been extended to new classes of establishments, sector is in a dire need of comprehensive social power using factories employing 10 or more security protection. There are number of workers, shops, theatres, cinemas, hotels, restraints, legislations which are wholly or partly applicable motor transport undertakings and newspapers to the workers in unorganised sector, some of them establishments employing 20 or more persons in are as follows: number of states. It covers persons employed directly and indirectly as also the clerical staff, but 3.2.1- The Factories Act, 1948 does to apply to members of armed forces or to persons whose remuneration in aggregate exceeds The Factories Act, 1948 is designed to protect xi workers in the factories. The main object of the Act Rs 7,500 per month. workers in the factories. The main object of the Act is to ensure adequate safety measures and to 3.1.2- The Employee Provident Fund and promote the health and safety of the workers Miscellaneous Provisions Act, 1952 employed in the factories. The provisions relating to the health and safety of the workers relates to The purpose of the Act is to provide for the cleanliness, disposal of wastes and affluent, institution of provident fund, pension fund and ventilation, overcrowding, lighting, drinking water deposit linked insurance fund for employees in facilities, latrines, urinals and spittoons, fencing of factories and other establishments. This Act machinery, easing of new machinery, testing and extends to whole of India except the State of J&K. examination of appliances and plants such as It applies to factories specified in schedule I and in hoists, lifts, cranks, supply of safety appliances to which 20 0r more persons are employed. The Act workers, precautions against dangerous fumes xiii also applies to any other establishments employing etc. The implementation of the Act is under the 20 or more persons or class if such establishment jurisdiction of the State government. that the Central Government may by notification in the official gazette in this regard. 3.2.2- Contract Labour (Regulation and Abolition) Act, 1970 3.1.3- The Maternity Benefit Act, 1961 This Act regulates the employment of contract The aim of this Act is to regulate the employment labour in certain establishments and provides for its of women in certain establishments for certain abolition in certain circumstances. The Act is period before and after childbirth and to provide for applicable if the principal employer engages twenty maternity benefits and certain others benefits. Act or more contract workers in an establishment. The extends to whole of India. The Act applies to every contractor who employee 20 or more workers in his establishment being a factory, plantation or mines contract work will be covered under this Act. The including any such establishments where persons Act provides for the registration of all are employed or were employed of equestrian, establishments of principal employers and licensing acrobatic and other performances. of all contractors. Under this Act penalties have been prescribed for those who violate the law. 3.1.4- The Payment of Gratuity Act, 1972 3.2.3- Beedi and Cigar workers (Conditions of The Act provides for a scheme of compulsory Employment) Act, 1966 payment of gratuity to employees engaged in factories, mines, oil fields, plantation, ports railway This Act provides for the welfare of the workers in companies, motor transport undertaking, shops or beedi and cigar establishment and regulates the other establishment, to other employing 10 or more conditions of their works. The Act provides for employees on any day of the preceding 12 months. licensing of all industrial premises where beedi or Act extends to whole of India except of State of cigar or both are made. The employees who are J&K. given raw material by an employer or a contractor for making beedi and cigars at home are covered 3.1.5- The Employees Pension Scheme, 1995 under the Act. The welfare measures that it provides include drinking water facilities, latrines,

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Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in urinals and spittoons, ventilation, washing the minimum rates of wages payable to employees facilities, crèches, first aid and canteens, working employed in the scheduled employments. The aim conditions, working hours, wages for over time, of the Act is meant to ensure that the market forces interval for rest and annual leave and wages. and the laws of demand and supply are not allowed to determine the wages of workmen in industries 3.2.4- Plantation Labour Act, 1951 where workers are poor, vulnerable, unorganised and without bargaining power. This Act regulates the condition of work of plantation workers and provides for their welfare. 3.2.8- Payment of Wages Act, 1936 Though in the first instance, it applies only to tea, coffee, rubber and cinnamon plantations, and the It regulates the payment of wages to certain classes state governments have been empowered to extend of employed persons. The main target of the Act is the provisions of the Act to other plantations with to ensure regular and prompt payment of wages and the approval of central government. It fixes 54 to prevent the exploitation of wage earners by hours of work of a week for adults and 40 hours of prohibiting arbitrary fines and deduction from work a week for adolescent and children, it wages. The Act is not applicable to self employed/ prohibits the employment of children under 12year home based workers as they are not persons of age and work for women and children.xiv It employed in the category of establishments makes provisions for health and welfare of the mentioned in the Act. plantation workers. 3.2.9- The Mines Act, 1952 3.2.5- Building and Other Construction Workers’ (Regulation of Employment and The Mines Act, 1952 was enacted to amend and Conditions of Service) Act, 1996 consolidate the law relating to the regulation of labour and safety in mines. It extend to whole of It is an Act to regulate the employment and India and aims at providing for safe as well as conditions of service of building and other proper working conditions in mines and certain construction workers and to provide for their amenities to workers employed therein. In every safety, health and welfare and other incidental mine where more than 150 persons are employed, a matters. The Act applies to every building or other first aid room under the charge of medical and construction work establishment, which employs or nursing staff is to be provided and maintained. had employed ten or more workers. It covers all central and state government establishments. The 3.2.10- Employee’s Compensation Act, 1923 special feature of the Act is that it covers all private residential buildings if the cost of construction is It provides for the payment of compensation to more than rupees ten lakh. Benefits include workers for injuries sustained in course of more than rupees ten lakh. Benefits include xv assistance in cases of accident, payment of pension, employment. house building loans, assistance for group insurance schemes, education of children, 3.2.11- Inter-State Migrant Workmen maternity benefits and working hours etc. (Regulation of Employment and Conditions of Service) Act, 1979 3.2.6- Dock Workers’ (Regulation of This is an Act to provide for to regulate the Employment) Act, 1948 This is an Act to provide for to regulate the employment/ service conditions of inter-state This is a social legislation enacted for the welfare migrant workers. The benefits includes non- of dock workers. The Act inter alia, empowers the discrimination in wage rates, holidays, hours of central government in case of major ports, and the works and other conditions of work, equal pay for state governments in the case of other ports, to equal work, suitable conditions for work, suitable frame regulations for the registration of dock residential accommodation, adequate medical workers in order to ensure greater regularity of facilities and adequate protective clothing and workers in order to ensure greater regularity of xvi employment. equipment.

3.2.7- Minimum Wages Act, 1948 3.2.12- Maintenance and Welfare of Parents and Senior Citizens Act, 2007 It is an important piece of legislation enacted for the benefit of unorganised sector. It was enacted for The Maintenance and Welfare of Parents and fixing, reviewing and revising the minimum rates Senior Citizens Act, 2007 is a legislation enacted in of wages in the scheduled employments where 2007, initiated by Ministry of Social Justice and workers are engaged in the unorganised sector. The Empowerment, to provide more effective provision appropriate government has been empowered to fix for maintenance and welfare of parents and senior

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Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in citizens.xvii This Act makes it a legal obligation for development. This Act created, albeit in modest children and heirs to provide maintenance to senior terms, legal entitlements to adult citizens in rural citizens and parents, by monthly allowance. This areas to seek work up to 100 days per household Act also provides simple, speedy and inexpensive per year. In realistic terms, the Act is meant for the mechanism for the protection of life and property working poor in villages to take care of the of the elder persons.xviiiThis Act also provides problem of underemployment and thus to enhance setting up of old age home for providing their income that would make them less poor or maintenance to the indigent senior citizens and cross the officially determined poverty line. The parents.xix Section 5 of the Act provides that if the work guarantee is in the nature of unskilled manual children or relative is not maintaining his parents or work in the local area organised and implemented senior citizen respectively then the parents can seek by elected local governments in coordination with the assistance of Tribunal constituted under this the rural development department. Mahatma Act, to enforce the remedy of maintenance. Such Gandhi National Rural Employment Guarantee Act parents / senior citizens can file an application implemented by the Ministry of Rural before the tribunal.xx Development is the flagship programme of the government that directly touches lives of the poor 3.2.13- The Unorganized Sector Workers’ Social and promotes inclusive growth. The Act aims at Security Act, 2008 enhancing livelihood security of households in rural areas of the country by providing at least one The Act so far has been not notified. This hundred days of guaranteed wage employment in a study will be incomplete, if the analysis of the Act financial year to every household whose adult is omitted. The Unorganized Sector Workers Social xxiv members volunteer to do unskilled manual work. Security Act primarily aims at providing social security and welfare of unorganized sector workers. 3.2.16- Domestic Workers Welfare and Social Chief Justice K.G. Balakrishnan aptly highlighted Security Act 2010 the objectives of the Act in the following words: “Needless to say, the million of unorganized Domestic workers in India have always been workers are in dire need of stable and reliable categorized under the umbrella of “Unorganized social security regime. The Unorganized Workers’ Labour” and have been excluded from the welfare Social Security Act contemplates the delivery of laws. With the maximum number of domestic benefits to unorganized workers in instance of workers being women and children, there have sickness, disablement maternity, unemployment, been many cases and reports of exploitations. So in old age and death of the family’s bread winner. the year of 2010 there was a law developed for the Hence, the legislation intents to expand the social rights and welfare of domestic workers known as safety net as widely as possible.xxi Domestic Worker Welfare and Social Security Act, 2010.xxv This Act is applicable to whole of India 3.2.14- Public Liability Insurance Act, 1991 except of Jammu and Kashmir.xxvi It does not apply to such domestic workers who have immigrated The Public Liability Insurance Act, 1991 provides from employment to any other country and through insurance, immediate relief, by owners employment of child is prohibited under this who control or handle hazardous substances, to xxvii Act. persons affected by the accident due to handling of such hazardous substances on “No Fault Liability” 3.2.17- National Food Security Act, 2013 basis.xxiiAs per the Act, anyone who does own, control or handle hazardous substances as should The government has enacted the National Food purchase public liability insurance.xxiii Security Act 2013 with an objective to provide for food and nutritional security in human, by ensuring 3.2.15- Mahatma Gandhi National Rural access to adequate quantity of quality food at Employment Guarantee Act, 2005 affordable prices to people to live a life with dignity and matters connected therewith or The employment guarantee is basically a form of xxviii The employment guarantee is basically a form of incidental thereto. This Act guarantees social security to the working poor by enabling social security to the working poor by enabling subsidized food to 50% of the urban population and them to access additional income via employment 75% of the rural population. The proposed to meet their conditions of deficiency with regard ‘ ’ legislation would provide rice, wheat etc. at very to employment/income. In that sense, this could be low prices to propriety household similar to below viewed as promotional social security to the poverty line families. Distribution will be through working poor. In September, 2005, the Indian working poor. In September, 2005, the Indian the current public distribution system by Parliament passed a Bill called National Rural xxix Parliament passed a Bill called National Rural government run ration and fair price ships. Employment Guarantee that marked a significant milestone from the perspective of right to

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3.2.18- Motor Vehicle Act, 1988 national policy on social security and to co-ordinate the central and state level programme.xxxiv With the development of civilization, act of negligence have become actionable wrong.xxx In The Study Group on social security (GOI, 2002a) order to give effective right to the person injured or reinforces the argument that right to social security expired in an accident, the Fatal Accident Act, is one of the basic human rights; the Supreme 1855 was enacted in India. This enactment has Court has ruled that the right to livelihood is worked in India for a comfortable long period. inherent in the right to life which is a fundamental Now the Motor Vehicle Act 1988 is in existence. right. As the ultimate object of social security is to The Act provides for enhanced compensation for assume that everyone must have the minimum hit and run cases as well as for “no fault liability” means of livelihood.xxxv cases. It also provides payment of compensation on proof of fault basis to the extent of actual liability The Second National Commission on Labour (GOI, incurred which ultimately means on unlimited 2002b) made comprehensive recommendation for liability in accident cases.xxxi providing basic social security to all workers comprising of (a) insurance against health and 3.3-Social security Schemes to the workers in disability; (b) health insurance; (c) maternity unorganised sector benefit; and (d) old age benefit. It had also There are number of schemes that have been recommended various means to financing social evolved in India through legislations and policies to security and its administration through proper provide social security to the workers in the delivery system.xxxvi unorganised sector. Some of the important schemes are- Indira Gandhi National Old Age Pension The National Commission for Enterprises in the Scheme, Janani Suraksha Yojana, Indira Awaas unorganized sector, in its report on social security Yojana, Jawahar Rozgar Yojana, Mid Day Meal for unorganized workers (2006) observed that only Scheme, Aam Aadmi Bima Yojana, Pradhan Mantri 0.4 per cent of the informal workers are covered Jan Dhan Yojana, Pradhan Mantri Surakasha under any social security scheme and nearly 77 per Bima Yojana, , Pradhan cent of such workers are earning only 20 rupee per Mantri Jivan Jyoti Bima Yojana, Integrated Rural day per person (NCEUS, 2006). After examining Development Programme, Group Life Insurance major problems and issues of extending social Scheme, National Agricultural Insurance Scheme, security to the unorganized worker, the commission Krishi Shramik Samajik Suraksha Yojana, Shiksha had recommended for the informal workers and Sahayog Yojana, Jawahar Gram Samriddi Yojana, also indicated the process of financing and Swarnjayanti Gram Swarozgar Yojana, administration of the scheme.xxxvii Employment Assurance Scheme, Sampoorna Grameen Rojgar Yojana, Pradhan Mantri Institute for Financial Management and Research Gramodaya Yojana, Pradhan Mantra Gram Sadak (2013), in its report on comprehensive social Yojana, Rajiv Gandhi Shramik Kalayan Yojana, security for the India’s unorganized sector, states National Rural Health Mission, National Food For that social security is widely seen as a fundamental Work Programme, National Family Benefit building block of a just and equitable society. Scheme, National Maternity Benefit Scheme, Indira While ideas of welfare, pension and charity have Gandhi National Widow Pension Scheme, Indira been with us since the times of the earliest Gandhi National Disability Pension Scheme, civilizations, the modern concept of social security Annapurna Scheme, Indira Awaas Yojana etc.xxxii can arguably trace its origins to the aftermath of the 4- Commission’s Report on Social security: industrial revolution. In this report, an attempt is made to analyse and characterise the nature of the The National Commission on Rural Labour (GOI, challenges in the design and implementation of 1991) highlighted the need of social security for social security schemes, and to draw out lessons on unorganized rural workers and recommended design and implementation of a comprehensive provisions for minimum social security benefits as social security scheme for India.xxxviii a matter of high priority comprising of (a) Old age pension. (b) Maternity benefits, and (c) Minimum The National Commission on Labour, 1969 and health care and sickness benefit.xxxiii 2002 has recommended need of comprehensive Social Security plan in order to overcome The National Commission on Labour, 2000, difficulties faced by the workers and for the Ministry of Labour, GOI, accept the need to betterment of the social security schemes. The consider social security as a fundamental right and Study Group (1957-58) appointed by the recommended the high powered national social had recommended for security authority will be mainly to formulate the integration of various social security measures with

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Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in a unified scheme of administration and contribution employment then claimants are entitled to amount providing for medical care and coverage against of compensation. sickness, maternity, employment disablement, old Workmen v. Repta Kose Brett and Co. Ltd.,xliii age and death. this is another landmark case decided by Apex Court that the children’s education, medical 5- Judicial Approach requirements, minimum recreation, provisions for old age, marriage etc., should further constitute In Crown Aluminium Works V. Their 25% of the minimum wages and used as a guide in xxxix Workmen fixation of minimum wages. The Supreme Court observed that it is quite likely AIR India Statutory Corporation v. United that in underdeveloped countries, where Labour Union,xliv it was observed by Supreme employment prevails on a large scale, unorganised Court that the Directive Principles are substantially labour may be available on starvation wages, but human rights. Most of the rights of workers are the employment of labour on starvation cannot be included in Part IV, but the judicial interpretation encouraged or favoured in a modern democratic gave them a better footing. The labour welfare state. If an employer cannot maintain his jurisprudence in India evolved by the judiciary enterprise without cutting down the wages of his after 1950’s has been a shield of protection to employees below even a bare subsistence or a workers from all sorts of exploitation. minimum wage, he would have no right to conduct M/s Diwan Chand Builders and Contractors v. his enterprise on such term. Union of India and others,xlv the Supreme Court Peoples Union for Democratic Rights V. Union held that in relation to building or other xl of India construction work carried on by or through a The Supreme Court has enlarged the ambit of contractor, or by the employment of building fundamental right to equality, life and liberty, workers supplied by a contractor. The extension of prohibition of traffic in human being and forced the liability on the constructer is with a view to labour provided in the Constitution. It was also ensure that, if for any reason it is not possible to held that non payment of minimum wage to the collect cess from the owner of the building at a workers engaged in construction work would stage subsequent to the completion of the amount to not only violation of Minimum Wages construction, it can be recovered from the Act, but also Article 23 of the Constitution, which constructor. In short, the burden of cess is passed intends to prevent forced labour and beggar. on from the owner to the contractor. xli Air India v. Nargesh Meerza and Others Himachal Road Transport Corporation v. Om The provisions on retiring age implied that the Prakash,xlvi the bomb planted in the bus exploded, normal age of retirement of an air hostess is 35 when the bus was parked and had just started. It years, or on marriage, if it took place within four was held as under.- “...Where bodily injuries have years of service, or on first pregnancy whichever been caused and some of them were fatal on occurred earlier. In this case Supreme Court account of explosion of bomb planted in the bus by observed that this was a most unreasonable and someone else after the bus was just started and arbitrary provisions to terminate the services of Air covered a short distance, to the passengers of bus. hostess on first pregnancy. It is unconstitutional, The bodily injuries and death of passengers arose void and is arbitrary to Article 14 of the out of use of vehicle and the M. A. C. T. could Constitution and will be therefore, stand deleted. exercise jurisdiction to entertain claims made by xlii exercise jurisdiction to entertain claims made by Regional Director v. Shakeena bibi Pathan, in the passengers and dependants of passengers who this case the ESI Corporation has challenged died in explosion of bomb either immediately or judgment and order passed by ESI Court, after some treatment in hospital. The Roadways Ahmadabad whereby, ESI Court has awarded authority was responsible for and negligence in not dependence benefits in favour of respondent under checking luggage and allowing bus to remain section 52 read with Schedule-1, because death of unattended in disturbed times.” her husband occurred due to murder in working Sanjit Roy v. State of Rajasthan,xlvii it has been hour, which was considered to be employment held that the payment of wages lower than the injury by ESI court. The contention raised by minimum wages to the person employed in famine respondents that murder cannot cover under relief work is violation of Article 23. Whenever definition of accident or employment injury as per any labour or service is taken by the state from any ESI Act, therefore claimant is not entitled any person who is affected by drought in scarcity amount of dependence benefits from corporation. condition, the state cannot pay him less wages than He also submitted that death of deceased was not the minimum wages on the ground that it is given occurred during the course of employment. The them to help to meet famine situation. The state court has considered that murder is also amount to cannot take advantage of their helplessness. accidental death which occurred during course of

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Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in

5- Conclusion Saxena, R.C., “Labour Problems and Social From the above discussion it is concluded Welfare”, Meerut: Educations Publishers, that social security is a dynamic concept. In nut 1974. shell social security refers to protection extended by the state to its members to enable them to overcome various contingencies of life. Social *Raman Sharma, Ph.D. Research Scholar Deptt. of Laws security is a planned commitment of a society to Panjab University Chandigarh ensure bright future for the new born generation, i Meenakashi Gupta, “Labour welfare and social active development of present generation and security in unorganised sector”, P.91, 2007 lastly, but not less importantly; to relieve the ii Dr. T. N. Bhagoliwal, “Economics of labour & industrial relations”, P.492, 1989 discomforts of the retired generation and help them iii to live in peace and harmony. Present social I.L.O., Approaches to Social Security, 1942, P.83 iv Report of National Commission on Labour, 1969, P. security scheme in India suffers from certain Report of National Commission on Labour, 1969, P. 162 drawbacks such as uneven scope, inadequacy of v Adarkar B.P., Planning for , P.3 benefits, duplication and overlapping provisions. vi The Concise Oxford Dictionary The social security system has to be redesigned by vii Encyclopaedia of Social Sciences, Vol. xv, 1935, p.395 giving wholesome approach with the main viii I.L.O. Report II- Provision of facilities for the objective of fulfilling the basic needs of workers in promotion of workers welfare, Asian Regional organized and unorganized sectors in India. Conferance- Nuwara Eliya Ceylon,P.3 ix References Dr. Suresh C Srivastava, “Social Security and Labour Laws”, P.9, 1985 Adarkar, B.P., “Report on Health Insurance for x Art.38 of The Constitution of India Industrial Workers”, Shimla, Government xi Jeet Singh Maan, “Comprehensive Social Security of Scheme for workers”,121,126, 2010 xii Id at. P.134,136,139,141 India Press, 1944. xiii Section 21 to 41,The Factories Act, 1948 xiv Sections 19, 25 of Plantation Act,1951 Agarwal, D.R., Labour Problems, Social Welfare xv “ xv Supra note 1, P.108-118 and Security”, New Delhi: Forward xvi Sec. 16 of the Act,1979 xvii Publishing Company, 1996. P.K. Das, “Hindu Succession”, 2011, p. 111 xviii Lakshmi Kanth, “ Governance in India”, 2011, p. 10 xix Bhagoliwal, T.N., “Economics of Labour and Id. at 17. xx Industrial Relations , Agra: Sahitya Section 5 of the Act,2007 ” xxi Bhavan, http://www.supremecourtofindia.nic.in/speeches_20 1989. 09_NALSASeminar. xxii Gyan Prakash Verma, “State Liability in India: Bhatnagar, Deepak , “State and Labour Welfare in Retrospect and Prospects”, 1993, p.256 India”, New Delhi: Deep and Deep xxiii Arunajete Sen, “Risk Management and Insurance”, 2009, p. 467 Publications,1984. xxiv . K.V.S. Prasad, “Performance of Mahatma Gandhi Goswami, V.G., “Labour and Industrial Law”, Natural Rural Employment Guarantee Act: An Allahabad: Central Law Agency, 1996. Overview,” International Journal of Management and Business Studies, Oct.-Dec. 2012, p. 99. Gupta, Meenakshi, Labour Welfare and Social xxv Arti S. Sahuliyar, “Legal Shield for Domestic helps Security in Unorganized Sector, New on anvil”, The Telegraph, July 9, 2011 Security in Unorganized Sector, New xxvi Delhi: Section 1of Domestic Worker Welfare and Social Security, 2010 Deep & Deep Publications, 2007. xxvii Section 18 of the Act, 2010 xxviii V.R. Krishana Iyer, “Safety in Food Security,” The Jain, M.P., “Indian Constitutional Law”, New Hindu, November 2013. Delhi: Wadhwa & Co., 2011. xxix Ibid., also see Parvathi Menon and Divya Dixit, “Starving India: Food Security vis-à-vis Right to Mann, Jeet Singh, “Comprehensive Social Security “ Food in Indian Context,” International Journal of Scheme for Workers”, New Delhi: Deep Sustainable Development, Vol. VI, No. 9, 2013, pp. and Deep Publications, 2010. 47-58. xxx Garg, M.C.B., Pal, K.K. and Garg, Mahesh Chand, Misra, S.N., “Labour and Industrial Laws”, Insurance Management: Principles and Practices, Allahabad: Central Law Publication, 8th 2007, p. 69. xxxi Edition, V.R. Manohar, and Chitaly, W.W., The Supreme Court Millennium Digest, 2000, Vol. II, p. 344. 2000. xxxii Supra note 1, P. 96-104

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Imperial Journal of Interdisciplinary Research (IJIR) Vol-3, Issue-3, 2017 ISSN: 2454-1362, http://www.onlinejournal.in

xxxiii Report of the National Commission on Rural Labour,Ministey of Labour and Employment,New Delhi, Govt. of India/1991 xxxiv Report National Commission on Labour,Ministry of Labour and Employment,New Delhi, 2000, Ministry of Labour, GOI, xxxv Report of The Study Group on social security,New Delhi: National Commission on Labour. (GOI, 2002a) xxxvi Report of The Second National Commission on Labour, Ministry of Labour and Employment (GOI, 2002b) xxxvii Report ofThe National Commission for Enterprises in the unorganized sector Social Seccurity for Unorganised Workers: (GOI.New Delhi),2006 xxxviii Report of the Institute for Financial Management and Research (2013) xxxix (1958) 2 L.L.J. 1 xl (1982) 2 L.L.J.454 xli AIR 1983 SC 130 xlii 2010 LLR 667 (GUJ). xliii AIR 1992 SC 504. xliv AIR 1997 SC 645. xlv (2012) 1 SCC 101. xlvi 1992 ACJ 40 (HP). xlvii AIR 1983 SC 1155.

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