Odisha Review ISSN 0970-8669

INTRODUCTION Democratic ideas have also been grown

simultaneously with the growth of industrialisation
Industrialisation is the modern trend in almost all in our country which have pleaded for and also
developing countries now a days, as industry plays helped in mass awakening and consciousness for
an important role in shaping the economic greater power amongst the working class.
structure of a society. For the planned, Therefore labour legislation and industrial
progressive and purposeful development of the jurisprudence are based on certain fundamental
society proper regulation of employer - employee principles, like Social Justice, Social Equity,
relationship is a condition precedent. This International Uniformity and National Economy.
relationship is therefore one of the most important This paper intends to highlight these principles in
factors of success of the industrialisation a nutshell.
programme. The workers and employers are two
(A) SOCIAL JUSTICE
pillars of our national economy. It cannot be
denied that labour has a vital role in increasing The concept of social justice has become
an integral part of industrial law. It is founded on

Principles of Labour Legislation and

Industrial Jurisprudence
Dr. Soumitra Kumar Chatterjee

the basic idea of socio-economic equality. In an

productivity, and management has to create
industrial set-up social justice implies two things;
conditions in which workers can make their first an equitable distribution of profits and other
maximum contribution towards this objective. In benefits accruing from industry between the owner
this connection, the social and economic of the industry and workers; and secondly,
upliftment of the labour is very important for providing or affording protection to the workers
securing industrial peace. against harmful effects to their health, safety and
With the growth of industrial jurisprudence morality.
the concept of master and servant has been The Constitution of India has affirmed
abolished and in that place the employer and social and economic justice to all its citizens. The
employee concept came out, where the former fundamental rights and the directive principles of
may hire the latter but he can no more fire them at state policy enshrined in our Constitution need a
his will. The interest of an employee is now in special mention in view of their supreme
many respects protected by legislations. importance in directing and influencing the labour
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legislations in the country. These provisions unemployment, old age, sickness and
provide sufficient guarantee against exploitation. disablement, etc.
In this regard Article 24 of the Article 42 again directs the State that it
Constitution specially provides that “no child shall make provision for securing just and humane
below the age of 14 years shall be employed to conditions of work and for maternity relief.
work in any factory or mine or engaged in any The State shall also endeavour to secure,
other hazardous employment.” by suitable legislation or economic organization
Likewise Article 38 says that “the state or in any other way, to all workers, agricultural,
shall strive to promote the welfare of the people industrial or otherwise, work, a living wage,
by securing and protecting as effectively as it may conditions of work ensuring a decent standard of
a social order in which justice — social, economic life and full enjoyment of leisure etc.2
and political shall inform, all the institution or the Article 43 – A further provides that the
national life”. State shall take steps, by suitable legislation or in
Article 39 ordains that it shall be the duty any other way, to secure the participation of
of the State to apply certain principles of social workers in the management of undertakings,
justice in making laws. Thus, it specifically says establishments or other organizations engaged in
that “the State shall, in particular, direct its policy any industry.
towards securing - In India, labour laws have been codified
a) that the citizen, men and women equally, in consonance with the above principles of state
have the right to an adequate means of livelihood; policy.
b) that there is equal pay for equal work for Social Security
both men and women; The concept of social security has
c) that the health and strength of workers, become an integral part of social justice. It is based
men or women and the tender age of children, on ideas of human dignity and social justice. The
are not abused and that citizens are not forced by underlying idea behind social security measures
economic necessity to enter avocations unsuited is that a citizen who has contributed or likely to
to their age or strength; contribute to his country’s welfare should be given
protection against certain hazards.3 Social security
d) that children are given opportunities and means a guarantee provided by the State through
facilities to develop in a healthy manner and in appropriate agencies, against certain risks to
conditions of freedom and dignity and that which the members of the society may be
childhood and youth are protected against exposed. Its measures are significant from two
exploitation and against moral and material view points, i.e. they constitute an important step
abandonment.” towards the goal of a welfare state; and secondly,
The Constitution of India further provides1 they enable workers to become more efficient and
that the State shall, within the limits of its economic thus reduce wastage arising from industrial
capacity and development, make effective disputes. Lack of social security impedes
provisions for securing the right to work, to production and prevents formation of stable and
education and to public assistance in case of efficient labour force. Therefore, social security

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measures are not a burden but a wise investment a combination whether permanent or temporary,
which yields good dividends.4 formed primarily for the purpose of regulating the
Adoption of Social Security measures in India relations between workmen and employers; or
between workmen and workmen; or between
In 1952, International Labour employers and employers; or imposing restrictive
Organisation has adopted the Social Security conditions on the conduct of any trade or business.
(Minimum Standards) Convention, which The main function of trade unions is to enable the
embodies universally accepted basic principles workers to act together. An individual, by himself
and common standards of social security. The being in a weak bargaining position to negotiate
application of these principles has guarded with employers, the strike being the weapons of
developments of this field throughout the world.5 last resort to be used by the Trade Union only
Accordingly, in India, a number of social security after negotiations have broken down. The Act
legislations have been enacted from time to time contains detailed provisions for formation,
to promote the condition of the labour keeping in procedure, registration, including conditions of
view the development of industry and national registration, advantages of registration and the
economy. Some of these enactments are as immunities available to the union leaders both from
follows: civil and criminal laws while engaging themselves
The Workmen’s Compensation Act, 1923 in the union activities of a registered Trade Union.

This Act is one of the earliest measures The Industrial Employment (Standing
adopted to benefit the labourers. It was passed Orders) Act, 1946
in 1923, but came into force on 1st July, 1924 The absence of standing orders in
and was originally applied to railway, tram, factory, industrial establishments was one of the most
mine, sea, dock, building, trade, sewage and fire- frequent causes of friction between the
brigade workers. The Act provides compensation management and workers in industrial
for death, permanent total disablement, permanent undertakings in India. To avoid this friction, the
partial disablement and temporary disablement Industrial Employment (Standing Orders) Act was
caused either by accident or by occupational passed with the objects to regulate the conditions
diseases, in the course of and arising out of of recruitment, discharge disciplinary action,
employment. It laid down compensation holidays etc. of the workers employed in industrial
according to the degree of injury sustained while undertakings.
on duty. The employers are responsible for paying The Industrial Disputes Act, 1947
such compensation in accordance with the
provisions of the Act and rules made thereunder. The Industrial Disputes Act, 1947 is a
progressive measure of social legislation aiming
The Trade Union Act, 1926 at the amelioration of the conditions of workmen
A trade union, in common parlance, in industry.6 This Act intends to minimize the
means an association of workers in a particular conflict between labour and management and to
craft or industry for the purpose of maintaining ensure, as far as possible, economic and social
the conditions of their lives. In legal sense, it means justice. The object7 of this Act is to make provision

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for the investigation and settlement of industrial The Employee’s State Insurance Act, 1948
disputes. This is another important social security
The principal objectives of the Act are to legislation. This piece of legislation aims at bringing
secure industrial peace: about social and economic justice to poor labour
class. The object of the Act is to introduce social
i) by preventing and settling industrial
insurance by providing certain benefits to
disputes between the employers and workmen;
employees covered under this Act in case of
ii) by preserving amity and good relation sickness, maternity and certain other matters. It
between the employers and workmen through an is the first measure of social insurance which
internal works committee; and provides benefits financed from the contribution
iii) by promoting good relations through an of employees, employers and the Government.
external machinery of conciliation, courts of The Factories Act, 1948
enquiry, labour courts, industrial tribunals and The Factories Act, 1948 is also a social
national tribunals. enactment meant to achieve social reform. The
The Minimum Wages Act, 1948 objective of this Act is to regulate the labour and
provisions of the Act clearly show that said
The Minimum Wages Act was passed in
regulations are intended for the benefit and welfare
1948 for the welfare of the labourers. This Act
of workers. The main purpose of the Act is to
has been enacted to secure the welfare of the
regulate working conditions in factories and to
workers in a competitive market by providing for
take proper steps for the safety, health and welfare
a minimum limit of wages in certain employments.8
of the workers, to regulate working hours and to
The main object of this Act is the statutory fixation provide effective machinery for the administration
of minimum wages with a view to obviate the of the Act. The Act aims to protect the workers
chance of exploitation of labour. employed in factories against industrial
The Act provides for the fixation of a occupational hazards and ensure safe and healthy
minimum rate of wages for time work; a minimum conditions of life and work. It contains detailed
rate of wages for piece work; a guaranteed time provisions regarding health, safety and welfare of
rate; and an overtime rate, for different the workers in order to provide good working
occupations, localities or classes of work and for conditions and other facilities to enhance their
adults, adolescents, children and apprentices. welfare.
However, like other branches of labour Maternity Benefits Act, 1961
legislations the security of industrial peace and This Act was enacted with an object of
efficiency may be kept in view when giving effect doing social justice to women workers. This is a
to the provisions of this Act. It may also be social welfare legislation making provisions to
observed that this Act is in consonance with Article provide different kinds of benefits to female wage
43 of the Indian Constitution providing for living earners. The Act was passed to regulate the
wage, conditions of work ensuring a decent employment of women in certain establishments
standard of life etc. for certain period before and after child birth and

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to provide for maternity benefit and certain other CONCLUSION

benefits. Workers are the dominant partners in the
(B) SOCIAL EQUITY industrial undertakings and without their co-
Another principle on which labour operation, effort, discipline, integrity and character
legislation is based is social equity. Any legislation the industry cannot survive. Therefore, there
which is based on social justice prescribes a should always be a good relationship between
definite standard for adoption in future, taking into the employer and employee which is very
consideration the events and circumstances of the important. The profits of the industry must also
past and the present. Once a standard is so fixed be shared between the employers, workers and
by legislation it remains in force until it is changed the community. At the same time, as mentioned
or modified by another legislation passed in above, the workers must be safe, secured and
conformity with the legislative procedure. The they should be provided with sufficient welfare
Government is only empowered to make such measures, healthy working conditions so that not
changes and the rules may be modified or only the employers will be benefited but the society
amended by the government to suit the changed and the nation shall also get the positive result.
situation. Such legislation is therefore said to be References :
based on the principles of social equity. 1. See Article 41.
(C) INTERNATIONAL UNIFORMITY 2. See Article 43.
This is another principle on which labour 3. I.L.O., Approaches to Social Security, 1942, p.
laws are based. The pivotal role played by the 80, as quoted in Report of the National
Commission on Labour, 1969, p. 162.
International Labour Organization in this
connection is praiseworthy. It has produced a 4. V.V.Giri, Labour Problems in Indian Industry,
large number of International Conventions and p.248.
Recommendations covering unemployment, 5. Report of the National Commission of Labour,
general conditions of employment, wages, hours 1969, p. 162.
of work, weekly rest periods, holidays, 6. S.N. Rai v. Viswanath Lal, AIR 1960 Patna 10.
employment of children, young persons, women, 7. See the Preamble of the Act.
industrial health, safety, social security, industrial 8. See the Preamble of the Act.
relations and many other allied subjects.
(D) NATIONAL ECONOMY
In enacting a labour legislation, the general
economic situation of the country has always to
be taken into account. Because in any country
the state of national economy is a key factor in Dr. Soumitra Kumar Chatterjee, Lecturer, Madhusudan
influencing labour legislation. Law College (Utkal University), Cuttack – 753003.

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T rafficking of children can be attributed as the

recruitment, transportation, transfer,
harbouring and/or either by force or by a third
beyond that. Alarmed at the growing incidence
of trafficking in women and children in Odisha,
the state government in Dec 2009 formulated a
person or a group for the purpose of exploitation. policy to address the issue. The policy among
It is a worldwide phenomenon that affects a large other things provides adequate steps for
number of boys and girls. Children and their psychological support, economic and
families are often lured by the promise of better empowerment and reintegration to ensure that the
employment and a more prosperous life far from rescued victims of trafficking not get down in to
their homes. A large number of children are the trade again due to non-availability of other
trafficked not only for the sex trade but also for option for livelihood. Besides it, the state
other forms of non sex based exploitation which government on the heels of the Hon’ble Supreme
include servitude of various kinds as domestic Court directive (1990), has decided to extend
labour, industrial labour, begging, organ trade and the Integrated Anti-Human Trafficking Units
false marriage. There are many contributing factors (IAHTU) to twenty five more districts police
for child trafficking which include economic headquarters besides the existing twelve numbers
deprivation, lack of employment opportunities, police headquarters to combat this crime of
illiteracy, social status and political uprisings and

Child Trafficking and Forced Criminality :

A Discussion
Susanta Kumar Shadangi

the like.It is also a fact that children, particularly trafficking, kidnapping, forcible marriage, sexual
girls are found more vulnerable than boys, as they
abuse etc.
are looked upon as more expandable than the
rest of the population. Often young girls become Various provisions and schemes
sex slaves and forced into prostitution. India has a fairly wide framework of laws
As per the data available with the state enacted by the Parliament as well as some state
government, there are as many as 3,578 women, Legislatures. Article 23 of the Constitution
mostly minor and young girls remained untraced categorically guarantees the right against
between the year 2000 and 2005. Out of exploitation, prohibits traffic in human being and
them1,418 were minor girls and 1,342 young girls, forced labour and makes their practice punishable
of them the state police have rescued as many as under law. Article 24 of the Constitution prohibits
299 young girls and 492 minor girls from different employment of children below 14 years of age in
places as the figure revealed. factories, mines or other hazardous employment.
Legally, children are allowed to do light Besides this specific legislations have been
work, but they are often trafficked for bonded enacted relating to trafficking in women and
labour, domestic work and are also worked children (Immoral Traffic (Prevention) Act, 1956,

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