Growth and Development of Labour Jurisprudence in India with Reference to ILO and Labour

Legislation

Labour jurisprudence in India has evolved significantly over time, influenced by the socio-economic
conditions, global labour movements, and the International Labour Organization (ILO). It reflects a
progressive march towards ensuring social justice, industrial harmony, and workers' rights. The growth of
labour jurisprudence in India can be understood through three broad phases—pre-independence, post-
independence, and modern developments—highlighting the impact of ILO conventions and the enactment
of various labour legislations.

Pre-Independence Era

The roots of labour jurisprudence in India can be traced back to the colonial period when industrialization
began under British rule. The exploitation of workers, poor working conditions, and long working hours
necessitated regulatory intervention. Early labour laws aimed to protect the interests of British employers
rather than the welfare of Indian workers.

Some key legislations during this period were:

Factories Act, 1881 – The first attempt to regulate working hours and conditions in factories.

Workmen's Compensation Act, 1923 – Provided compensation for workers in case of injury or death due
to employment-related incidents.

Trade Disputes Act, 1929 – Focused on the resolution of industrial disputes.

India's association with the ILO began in 1919, when it became a founding member. The ILO
conventions had a significant influence on labour policies even in the pre-independence period, pushing
the British government to introduce reforms in labour laws.

Post-Independence Era

Post-independence, India adopted a socialist framework aimed at ensuring social and economic justice.
The Directive Principles of State Policy (DPSP) in the Constitution of India (Articles 39, 41, 42, 43, and
43A) provided a guiding framework for labour welfare and industrial relations.

Significant labour legislations enacted in this period include:

Industrial Disputes Act, 1947 – Focused on preventing and resolving industrial disputes.

Minimum Wages Act, 1948 – Ensured the payment of minimum wages to workers across various sectors.

Factories Act, 1948 – Expanded the scope of the earlier legislation, covering health, safety, and welfare of
workers.
Employees’ Provident Fund and Miscellaneous Provisions Act, 1952 – Provided social security benefits
to employees.

Payment of Bonus Act, 1965 – Ensured the payment of bonuses to workers based on profits or
productivity.

India's commitment to the ILO conventions played a pivotal role in shaping labour jurisprudence. Several
laws enacted in this era adhered to ILO standards, including those related to child labour, equality at the
workplace, and social security.

Modern Developments

In the post-liberalization era (1991 onwards), labour jurisprudence faced new challenges due to economic
reforms and globalization. The focus shifted towards balancing the interests of workers and employers in
a competitive economy. Labour reforms aimed at simplifying compliance, promoting industrial growth,
and improving the ease of doing business.

The ILO continued to influence India’s labour policies, especially in areas of gender equality, child
labour, and decent working conditions. India ratified key ILO conventions, including:

 ILO Convention No. 138 on Minimum Age (ratified in 2017)

Recently, the government undertook a major reform initiative by consolidating 29 central labour laws into
four labour codes:

1. Code on Wages, 2019 – Regulates wages and bonuses, ensuring uniform minimum wages across
sectors.
2. Industrial Relations Code, 2020 – Governs industrial disputes, trade unions, and conditions of
employment.
3. Code on Social Security, 2020 – Provides a comprehensive framework for social security
benefits.
4. Occupational Safety, Health, and Working Conditions Code, 2020 – Ensures better safety and
working conditions for workers.

Impact of ILO on Labour Jurisprudence

The ILO has been instrumental in shaping India’s labour policies and jurisprudence. Many Indian labour
laws have drawn inspiration from the principles enshrined in ILO conventions, such as:

Tripartism: Promoting the involvement of the government, employers, and workers in industrial decision-
making.

Decent Work Agenda: Ensuring opportunities for work that are productive and deliver fair income,
security, and dignity.
Despite significant progress, challenges remain in ensuring full compliance with labour standards,
especially in the unorganized sector, which constitutes a large part of the Indian workforce. Efforts are
ongoing to improve labour enforcement mechanisms and extend social security to all workers.

Conclusion

The growth of labour jurisprudence in India reflects a gradual but significant shift towards recognizing
labour as a key stakeholder in the nation’s socio-economic development. The influence of the ILO has
been crucial in ensuring that labour rights are safeguarded in line with global standards. With continued
reforms and adherence to international labour standards, India is poised to achieve a more equitable and
just labour framework, promoting industrial peace and socio-economic progress

Relevance of Article 14 in Developing Labour Jurisprudence in India

Article 14 of the Constitution of India guarantees equality before the law and equal protection of the laws.
It forms the bedrock of India’s commitment to the rule of law, ensuring that every individual is treated
equally without any arbitrary discrimination. In the context of labour jurisprudence, Article 14 plays a
critical role in shaping laws, policies, and judicial pronouncements that promote fairness, justice, and
non-discrimination in the workplace.

Labour jurisprudence in India has evolved to protect the rights of workers, ensure industrial harmony, and
promote social justice. Article 14 ensures that labour laws are framed and interpreted in a way that
prevents exploitation and arbitrary treatment of workers by employers. The principle of equality
enshrined in Article 14 has influenced various aspects of labour jurisprudence, which are discussed
below:

1. Non-Discrimination in Employment

Article 14 has been instrumental in prohibiting arbitrary discrimination in employment practices. Labour
legislations such as the Equal Remuneration Act, 1976, were enacted to ensure equal pay for equal work,
irrespective of gender. The judiciary has also relied on Article 14 to uphold the principle of non-
discrimination.

For example, in Mackinnon Mackenzie & Co. Ltd. v. Audrey D'Costa (1987), the Supreme Court held
that paying female employees less than their male counterparts for the same work was discriminatory and
violative of Article 14.

2. Equal Pay for Equal Work

In Randhir Singh v. Union of India (1982), the Supreme Court held that the principle of equal pay for
equal work is inherent in Article 14 and cannot be denied on arbitrary grounds. This case became a
landmark for promoting wage equality in both public and private employment.

3. Protection against Arbitrary Dismissal

Labour jurisprudence has evolved to ensure that employers cannot dismiss workers arbitrarily. Article 14
ensures that the principles of natural justice—which include the right to a fair hearing and protection
against arbitrary action—are upheld in cases of termination or disciplinary action.

In Delhi Transport Corporation v. DTC Mazdoor Congress (1991), the Supreme Court struck down a
clause in the Delhi Transport Corporation’s regulations that allowed dismissal of a worker without
assigning reasons, holding it violative of Article 14.

4. Classification and Reasonable Differentiation

While Article 14 guarantees equality, it also allows for reasonable classification. In labour laws,
differentiation between various categories of workers (e.g., permanent employees, contractual workers,
apprentices) is permissible, provided it is based on an intelligible criterion and has a rational nexus with
the objective sought to be achieved.

In State of West Bengal v. Anwar Ali Sarkar (1952), the Supreme Court clarified that Article 14 does not
prohibit classification but ensures that such classification is not arbitrary. This principle has allowed the
enactment of special labour laws for vulnerable sections, such as women, children, and contract labourers.

5. Protection of Contract Labour

Article 14 has been invoked to protect contract workers from unfair treatment. The Contract Labour
(Regulation and Abolition) Act, 1970 was enacted to regulate the employment of contract labour and
prevent exploitation. Courts have often intervened to ensure that contract workers are not treated unfairly
in comparison to permanent employees.

6. Right to Livelihood and Dignity

Labour jurisprudence under Article 14, read with Article 21 (right to life and personal liberty), has
recognized the right to livelihood as a fundamental right. The courts have held that arbitrary termination
or denial of employment affects a worker’s dignity and livelihood, violating Articles 14 and 21.
In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that the right to
livelihood is an integral part of the right to life, and arbitrary actions affecting livelihood would be
violative of Article 14.

7. Judicial Review of Labour Laws

Article 14 empowers courts to review labour laws and regulations to ensure they are not arbitrary or
discriminatory. Several labour laws have been challenged and refined through judicial intervention to
align with the principles of equality and fairness.

Conclusion

Article 14 has played a pivotal role in developing labour jurisprudence in India by ensuring that labour
laws are just, non-discriminatory, and fair. It has been a guiding principle for judicial interpretation,
legislative policy-making, and administrative actions in the labour sector. By upholding equality before
the law and protecting against arbitrary actions, Article 14 has contributed to creating a more equitable
industrial environment, ensuring social justice, and protecting the dignity of workers.

As labour laws continue to evolve, the relevance of Article 14 remains central in ensuring that labour
jurisprudence adapts to changing economic realities while safeguarding the rights of the workforce.