CONSTITUTIONAL PROVISIONS RELATING TO

MANAGEMENT OF INDUSTRIAL RELATIONS

The Constitution accords justice to all sections of society by providing social security,
welfare measures and opportunity to remove handicaps and disabilities with which the poor
workmen are languishing to secure dignity to their person. The preamble of the Constitution,
inter alia, seeks to provide justice social, economic and political and equality of status and
opportunity. The preamble has been amplified and elaborated in the directive principles of
state policy. The state has been directed to promote the welfare of the people by securing and
protecting as effectively as it may, a social order in which justice-social, economic and
political shall inform all institutions of national life. The constitutional provisions seek to
prevent exploitation of the weaker sections by the stronger, to ensure fair distribution of
national income and to provide social security in times of need. Therefore, Labour legislation,
should not be inconsistent with or in derogation of the fundamental rights. It is, to the extent
of such inconsistency, void. Further, the rights are enforceable by the courts under Articles 32
and 226 and cannot be denied in case of violation of fundamental rights.

The Constitution of India lays down several provisions related to industrial relations to
ensure social justice, equality, and the welfare of workers while promoting industrial
harmony. These provisions are mainly found in the Fundamental Rights, Directive
Principles of State Policy, and the Seventh Schedule. Here’s an overview:

1. Fundamental Rights (Part III):

These rights ensure equality, freedom, and protection of workers:

 Article 14: Right to equality before the law and equal protection of laws, ensuring
non-discrimination in employment and industrial relations.

In the case of Randhir Singh v. Union of India (1982), construing Articles 14 and
16 in the light of the preamble and Article 39(d), the Supreme Court ruled that the
principle of ‘equal pay for equal work’ is deducible from Articles 14 and 16 and may
be properly applied to cases of unequal scales of pay based on no classification or
irrational classification.

Again in the case of Bhagwan Dass v. State of Haryana (1987) the Supreme Court
ruled that: (i) Persons doing similar work cannot be denied equal pay on the ground
that mode of recruitment was different. (ii) A temporary or casual employee
performing the same or similar duties and function is entitled to the same pay as paid
to regular or a permanent employee.
 Article 15 (1) of the Constitution provides that the state shall not discriminate against
any citizen on ground only of religion, race, caste, sex, place of birth or any of them.

 Article 15 (3) gives special treatment to women namely “nothing in Article 15 shall
prevent the state from making any special provision for women and children”, and
thereby modifies the requirement laid down in clause (1) of Article 15.

 Further, Article 16 (2) declares: “‘no citizen shall, on grounds only of religion, race,
caste, sex, descent, place of birth, residence or any of them, be ineligible for or
discriminated against in respect of, any employment or office under the state.”

Women Workers

The Indian Constitution, inter alia, seeks to protect the interest of women through
fundamental rights and directive principles of state policy. The founding fathers not
only ensure equality before law or equal protection of law within the territory of India
under Article 14 of the Constitution but have incorporated a specific clause
prohibiting the discrimination on the ground inter alia of sex under Article 15.

Air India v. Nargesh Mirza – Termination of Service on Maternity

 Article 19(1)(c): Right to form associations or unions, allowing workers to organize

themselves.

Damyanti V. U.O.I. – Right to form Trade Unions

 Article 19 (1) (g) guarantees to them the right “to practice any profession or to carry
on any occupation, trade or business.”

Sexual harassment of women at Workplace

While dealing with the incidents of sexual harassment of working women in all work
places the court has ruled that each such incident results in violation of the
fundamental rights of ‘gender equality’ and the ‘right to life and liberty’. It is
violative of Articles 14,15 and 21 of the Constitution. The court added that of the
logical consequences of such an incident is also the violation of the victim’s
fundamental right under Article 19 (1) (g). The fundamental right to carry on any
occupation, trade or profession depends on the availability of a ‘safe’ working
environment. Further, right to life means life with dignity. It will thus be seen that
 sexual harassment of working women at work place is a violation of fundamental
rights guaranteed under Article 14, 15, 19 (1) (g) and 21 of the Constitution. Such
violations, therefore, attract the remedy under Article 32 for the enforcement of these
fundamental rights of women.

 The Supreme Court in the case of Vishaka v. Union of India (1997), while
emphasising the need to have guidelines the Supreme Court observed: “The primary
responsibility for ensuring such safety and dignity through suitable legislation, and
the creation of a mechanism for its enforcement is of the legislature and the executive.
When, however, instances of sexual harassment resulting in violation of fundamental
rights of women workers under Articles 14,19 and 21 are brought before us for
redress under Article 32, an effective redressal requires that some guidelines should
be laid down for the protection of these rights to fill the legislative vacuum. The
aforesaid guidelines and norms must be strictly observed at all work places for the
preservation and enforcement of the right to gender equality of the working women.
These directions according to the court would be binding and enforceable in law until
suitable legislation is enacted to occupy the field.”

In the case of Apparel Export Promotion Council v. A.K. Chopra (1999), the
Supreme Court ruled that sexual harassment is a form of sex discrimination. It is an
unreasonable interference with her work performance. It has the effect of creating an
intimidating or hostile working environment for her. Indeed each incident of sexual
harassment of female worker at work place is a violation of the fundamental right to
gender equality and right to life and personal liberty. It is incompatible with the
dignity and honour of a female and should be eliminated.

 Article 21: Right to life and personal liberty, which includes the right to work under
humane conditions.

D.K. Yadav v. JMA Industries – Protection against Unfair Dismissal

In the case of Consumer Education & Research v. Union of India (1995), a three
judge bench of the Supreme Court held that the jurisprudence of personhood or
philosophy of the right to life envisaged in Article 21 of the Constitution enlarges its
sweep to encompass human personality in its full blossom with invigorated health
which is a wealth to the workman to earn his livelihood, to sustain the dignity of
person and to live a life with dignity and equality. The expression ‘life’ assured in
Article 21 does not connote mere animal existence or continued drudgery through life.
It has a much wider meaning which includes right to livelihood, better standard of
living, hygienic conditions in the workplace and leisure facilities and opportunities to
eliminate sickness and physical disability of the workmen. The health of the worker is
an integral facet of right to life. Denial thereof denuded the workman the finer facets
of life violating Article 21. Medical facilities, therefore, is a fundamental and human
 right to protest his health. In that case health insurance, while in service or after
retirement was held to be a fundamental right and even private industries are enjoined
to provide health insurance to the workmen.

In the case of Kirloskar Brothers Ltd. v. Employees’ State Insurance Corporation

(1996) the court observed that in expanding economic activity in liberalised economy
part IV of the Constitution enjoins not only the State and its instrumentalities but even
private industries to ensure safety to the workman and to provide facilities and
opportunities for health and vigour of the workman assured in relevant provisions in
part IV which are integral part of right to equality under Article 14 and right to life
under Article 21 which are fundamental rights to the workman.

 Article 23: Prohibition of forced labour or human trafficking.

2. Directive Principles of State Policy (Part IV):

These principles guide the State in framing laws and policies for industrial relations:

 Article 38 - State to secure a social order for the promotion of welfare of the
people.


 Article 39: The State shall strive to ensure adequate means of livelihood for all, equal
pay for equal work, and prevent the concentration of wealth.

Article 39 (d) – Equal Pay for Equal Work - The Constitution has clearly kept in
view equality between men and women in all respects. Indeed, it empowers the state
to make special provisions in respect of women. Unfortunately this equality has not
found fulfilment in many respects. Judiciary has played an active role in enforcing
and strengthening the constitutional goal of ‘equal pay for equal work’ to both men
and women. The Supreme Court in People’s Union for Democratic Rights v. Union
of India (1982) ruled that equal pay for equal work is based on principle of equality
embodied in Article 14 of the Constitution which finds expression in the provision of
the Equal Remuneration Act, 1976. In other words non observance of the Act would
be violative of the principles of equality before the law enshrined in Article 14.

 Article 39 A - State shall secure the equal opportunities for access to justice to its
citizens and ensure that such opportunities are not denied by reason of economic or
other disabilities.
 Article 41: Right to work, education, and public assistance in cases of unemployment,
old age, sickness, and disablement.
 

 Article 42: Provision for just and humane conditions of work and maternity relief.

 Article 43: The State shall endeavor to secure a living wage, a decent standard of life,
and social and cultural opportunities for workers.

 Article 43A: Participation of workers in the management of industries (introduced by

the 42nd Amendment, 1976).

 Article 46: Promotion of the educational and economic interests of weaker sections,
including workers.

3. Seventh Schedule: Division of Powers:

The Seventh Schedule divides legislative powers between the Union and State governments,
affecting labor and industrial relations:

 Union List (List I):

o Entry 55: Regulation of labour and safety in mines and oilfields.

o Entry 65: Union agencies and institutions for vocational and technical training.

 State List (List II):

o Entry 22: Trade unions, industrial and labour disputes within the state.

o Entry 24: Factories and other industries.

 Concurrent List (List III):

o Entry 22: Trade unions, industrial and labour disputes.

o Entry 23: Social security, employment, and unemployment.

o Entry 24: Welfare of labour, including conditions of work, provident funds,

and industrial safety.