INTRODUCTION
“Social and Economic Justice have been given a place of pride in our Constitution and one
of the directive principles of State policy enshrined in Art. 38 requires that the State shall
strive 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 the institutions
of national life. The concept of social and economic justice is a living concept of
revolutionary import; it gives sustenance to the rule of law and meaning and significance to
the ideal of a welfare state.”1
P.B. Gajendragadkar J
. When India made a tryst with destiny, the Constitution was solemnly enacted and we, the
People gave ourselves to the Constitution. The Constitution made a promise to create an
egalitarian economy in its directive principles, wherein the ownership and control of the
material resources of the community are so distributed as best to subserve the common good 2
so the operation of the economic system does not result in the concentration of wealth and
means of production to the common detriment.3 The Ideal of the Constitution in regard to the
protection of labour rights get resonated in Chapter- III & Chapter IV of the Constitution of
India which contains Fundamental Rights and Directive Principles of State Policy which sets
an aim to be achieved by the Government of Country.
These Directive Principles provide:
I. for securing the health and strength of employees, men and women;
II. that the tender age of children are not abused;
III. that citizens are not forced by economic necessity to enter avocations unsuited to
their age or strength;
IV. just and humane conditions of work and maternity relief are provided; and
V. That the Government shall take steps, by suitable legislation or in any other way, to
secure the participation of employee in the management of undertakings,
establishments or other organisations engaged in any industry.
Labour is a concurrent subject in the Constitution of India. Indian Constitution mentions the
1
The State Of Mysore vs The Workers Of Gold Mines, AIR 1958 SC 923
2
Art. 39(2), the Constitution of India
3
Art. 39(3), the Constitution of India
subject matter for the Welfare of labour including conditions of work, provident funds,
workmen's compensation, Pensions and maternity benefits implying that both the Union and
the state governments are competent to legislate on labour matters and administer the same.
With this view, the Parliament enacted Minimum Wages Act, 1948.4
Minimum Wages Act envisages the idea of Living Wage 5, Fair Wage6 and Minimum Wage7
and at the same time goes against the idea of Starving Wage 8. While observing the
Constitutionality of the act, the Hon’ble Supreme Court observed that:-
“If the labourers are to be secured in the enjoyment of minimum wages and they are
to be protected against exploitation by their employers, it is absolutely necessary that
restraints should be imposed upon their freedom of contract and such restrictions
cannot in any sense be said to be unreasonable. It can scarcely be disputed that
securing of living wages to labourers which ensure not only bare physical subsistence
but also the maintenance of health and decency, is conducive to the general interest
of the public. This is one of the Directive Principles of State Policy embodied
in article 43 of our Constitution.”9
Further, the act applies to the persons who are considered to be an “employee” under the act.
This research work deals with the case of Haryana Schools Associations v State of Haryana 10
wherein the question before the court was that whether teachers of an educational institution
can be held to be employee under Section 2(i) of the Minimum Wages Act to enable the
Government to fix their minimum wages? The Supreme Court observed that the “teachers”
were not employees under the act. The research work tends to critically analyse the law
declared by the Supreme Court in the present condition and in accordance with the law
declared in the Bombay Water Supply v. R.Rajappa11.
4
Hereinafter referred as “Act”
5
It is an ideal to be achieved by this Act. It comprise of the amount of wage which would ensure a dignified life
to the labour and its family.
6
It is the amount of wage which lies between minimum wage and living wage
7
It is the minimum amount of wage which shall be paid by an establishment to its labours for ensuring their
survival. If an establishment or an employer fails to guarantee the minimum amount of wage then it shall clos its
establishment.
8
It is the amount of wage which is paid by employer to his workmen which will lead him to suffer from
starvation
9
Bijay Cotton Mills Ltd vs The State Of Ajmer, AIR 1955 SC 33
10
AIR 1996 SC 2108
11
AIR 1978 SC 548
OBJECTIVE OF THE RESEARCH WORK:-
The Research work aims to critically analyse the correctness of law declared by
Supreme Court in Haryana School Association v. State of Haryana in wake of foreign
judgement, recent judgements and law declared in Bombay Water Supply case.
HYPOTHESIS:-
The researcher assumes that:-
The law declared by Supreme Court in case of Haryana School Association is
not correct.
TENTATIVE-CHAPTERISATION
I. Introduction
II. “Employee” in context to “Labour Law”
III. Haryana School Association Case:- A Critical Analysis
IV. Conclusion & Suggestion
