ILO NOTES

1. Principles of Natural Justice

• Natural Justice ensures fairness and justice in legal proceedings.

• Principles of Natural Justice are derived from the term 'Jus Natural',
meaning "law of nature".

• No statute in India lays down the minimum procedure to be followed

by administrative agencies while adjudicating matters. Courts rely on
Principles of Natural Justice.

• Principles of Natural Justice are applicable to:

o Courts (except in Ex-Parte decisions).

o Tribunals.

o Authorities with discretion but subject to legal limitations.

• Nemo Judex In Causa Sua: No one should be a judge in their own

cause. Decision-makers must be impartial and unbiased.

• Audi Alteram Partem: Both sides shall be heard.

o Parties must have due notice of when proceedings begin.

o Individuals must have prior notice of all charges to prepare a

defense.

o The court or tribunal should not act under the dictation of

unauthorized persons.

o If the tribunal has several members, all must be present for

the entire proceedings.

• The right to notice is a fundamental concept of natural justice.

• The right to a hearing encompasses:

o The right to present one's case and evidence.

o The right to rebut adverse evidence.

o The right to cross-examination.

o The right to legal representation.

• Disclosure of evidence is also crucial to ensure a fair hearing.

• The report of the inquiry should be shown to the other party.

 • The standard of hearing can vary - oral or written, personal or through
a representative.

• Quasi-judicial and administrative hearings must give parties an

opportunity to be heard to state their cases and views.

• The Bandhua Mukti Morcha v. Union of India case illustrates the

application of principles of natural justice in protecting the rights of
bonded laborers.

2. Philadelphia Declaration

• The Declaration of Philadelphia redefined the aims and purposes of

the ILO in 1944.

• The declaration is annexed to the ILO Constitution.

• The Philadelphia Declaration reaffirmed the fundamental principles

upon which the ILO is based.

• The Philadelphia Declaration of 1944, incorporated into the ILO

Constitution in 1946, lays down general principles considered a direct
source of law.

• The Declaration outlines ten specific objectives the ILO should promote,
including full employment, raising standards of living, just shares of
progress for workers, protection for worker health, and adequate
nutrition, housing, recreation, and culture.

3. Organs of ILO

The ILO has three main organs:

• The International Labour Conference (ILC): The supreme body of the

ILO.

o It sets the organization's strategic direction.

o It is composed of tripartite delegations (governments, employers,

and workers) from member states.

o It has the power to discuss and examine the Director-General’s

report.

o Article 3 of the ILO Constitution outlines the composition and role

of advisors in the ILC.

• The Governing Body: The executive body.

o It makes operational decisions, provides guidance, and

supervises the Office's work between Conference sessions.
 o Its role is analogous to a “Board of Directors” for the ILO.

• The International Labour Office: The permanent secretariat,

administrative, and research body.

o It prepares briefs and documents for the ILC’s agenda.

o It assists governments in forming labor legislation based on ILC

recommendations.

o It publishes materials related to international industrial labor

problems.

4. ILO Constitution and Provisions

• The ILO was established in 1919 under the League of Nations. It

became a specialized agency of the United Nations in 1946.

• Article 19 of the ILO’s Constitution obligates member states to

submit conventions to competent authorities for ratification.

• Member states must also inform the Director-General of the ILO of

measures taken to implement conventions they have ratified.

• Conventions: Instruments designed to create binding international

obligations for states that ratify them.

• Recommendations: Provide non-binding guidelines on policy,

legislation, and practice.

• The ILO Constitution primarily outlines the organization's functioning

but also lays down general principles regarded as a direct source of law.

• India is a founding member of the ILO.

• A ratified convention becomes a binding international obligation.

• Member states must submit reports on the measures taken to comply

with ratified conventions.

• Article 22 of the ILO Constitution mandates that member states

submit periodic reports on measures taken to give effect to ratified
conventions.

• Article 23 of the ILO Constitution requires governments to

communicate reports on ratified conventions to employers and workers.

• Article 24 of the ILO Constitution allows employers and workers to

make representations against a government for failing to implement a
convention.
 • Article 26 of the ILO Constitution empowers the Governing Body to
file a complaint against a member state for non-compliance.

• Article 33 of the ILO Constitution enables the Governing Body to

advise the Conference on appropriate actions regarding non-
compliance.

5. Labour Jurisprudence (Case Laws and Codes)

• Concept: Labour jurisprudence encompasses the legal principles, case

laws, and legislative frameworks that govern the relationship between
employers and employees in industrial settings. It seeks to ensure fair
treatment, safe working conditions, and social protection for workers
while balancing the interests of employers. The sources highlight the
dynamic nature of industrial jurisprudence, demonstrating a shift from
a laissez-faire approach to an active pursuit of social and economic
justice for labor and vulnerable groups.

• Influence of the ILO: The ILO's conventions and recommendations

have played a pivotal role in shaping labor laws in India and globally.
While the sources you provided don't delve into specific case laws, they
underscore the impact of ILO standards on national legislation. For
example, the principles enshrined in ILO Conventions have influenced
laws concerning:

o Working Conditions: The Factories Act, the Mines Act, and other
legislation aimed at ensuring safe and healthy working
environments for employees.

o Industrial Relations: The Industrial Disputes Act of 1947

provides a mechanism for resolving disputes between labor and
management and reflects the ILO's emphasis on social dialogue.

• Key Principles: Several principles underpin labor jurisprudence,

including:

o Social Justice: This principle underscores the need for a fair and
equitable distribution of benefits and burdens in the workplace.

o Social Equity: It emphasizes equal opportunities and treatment

for all workers, regardless of their background or status.

o International Uniformity: Promoting consistent labor standards

across countries to prevent unfair competition and exploitation.

o National Economy: Balancing the needs of workers with the

broader economic interests of the nation.
 • Case Laws: Although the sources lack detail on specific case laws, they
allude to the role of judicial interpretation in shaping labor
jurisprudence. The sources highlight the importance of legal precedent
in determining the scope and application of labor laws in specific
situations.

• Codes: The International Labour Codes are compilations of ILO

Conventions and Recommendations that set a benchmark for national
labor legislation.

6. Procedure for Ratification and Enforcement of ILO Conventions and

Recommendations

The sources provide a structured outline of the ILO's procedures for the
ratification and enforcement of its Conventions and Recommendations,
particularly focusing on Article 19 of the ILO Constitution. Here's a
consolidated overview:

1. Adoption by the International Labour Conference: Conventions and

Recommendations are instruments adopted by the International
Labour Conference, the ILO’s highest decision-making body.

2. Submission to Competent National Authorities: After adoption, the

ILO sends the instrument to each member state, which is obligated to
submit it to its competent national authority (typically the legislature)
within twelve months for consideration for ratification.

3. Tripartite Consultations: Member states must consult with national

organizations of employers and workers during the consideration
process, reflecting the ILO’s commitment to tripartism.

4. Communication of Decision: The state informs the ILO of its decision

regarding ratification, specifying whether it intends to ratify the
Convention and, if so, how it plans to give effect to its provisions.

5. Ratification: Ratification formally binds the state to implement the

Convention’s provisions in its national laws and practices. It’s a
voluntary act demonstrating the state’s acceptance of the Convention’s
standards.

6. Entry into Force: Once a certain number of member states ratify a

Convention, it enters into force, typically one year after ratification for
the countries that have ratified it.

7. Reporting Obligations: Ratifying states are obligated to submit

periodic reports to the ILO on the measures taken to implement the
Convention’s provisions in their law and practice. These reports detail
 the legislative, administrative, and practical steps taken to ensure
compliance.

8. Supervisory Mechanisms: The ILO employs several mechanisms to

oversee member states’ compliance with ratified Conventions:

o Regular System: Centered on the periodic reports submitted by

member states, these are examined by the Committee of Experts
on the Application of Conventions and Recommendations
(CEACR). The CEACR, composed of independent legal experts,
assesses compliance and offers observations or direct requests
for improvements.

o Special Procedures: Include procedures for complaints

regarding the violation of freedom of association, representations
(complaints by employers’ or workers’ organizations), and
complaints filed by delegates to the International Labour
Conference against a member state for not fulfilling its obligations
under ratified Conventions.

o Commissions of Inquiry: In more serious cases of non-

compliance, the ILO Governing Body can establish a Commission
of Inquiry to investigate and issue a report with
recommendations.

9. Technical Assistance: Recognizing that implementation challenges

can arise, the ILO provides technical assistance to member states to
support their efforts in aligning national laws and practices with ratified
Conventions.

10. Follow-up: The ILO follows up on the implementation of

Conventions through its supervisory mechanisms and by requesting
further information or action from member states, aiming for
continuous improvement in labor standards.

7. Child Labour and Forced Labour Convention

You've identified two critical ILO Conventions addressing child labor and
forced labor:

• Worst Forms of Child Labour Convention, 1999 (No. 182): This

Convention focuses on eradicating the most exploitative forms of child
labor, aiming to eliminate practices like slavery, child trafficking, debt
bondage, forced labor, and the use of children in armed conflict. Article
8 of this Convention calls for international cooperation and assistance
to support the elimination of child labor, particularly by addressing
poverty and promoting social and economic development.
 • Forced Labour Convention, 1930 (No. 29): This Convention aims to
suppress the use of forced or compulsory labor in all its forms, reflecting
the fundamental right of individuals to freely choose their work.

These Conventions represent the ILO’s commitment to eradicating the most

severe forms of labor exploitation, protecting the rights and well-being of
children, and ensuring that work is freely chosen.

8. International Labour Codes

Beyond individual Conventions and Recommendations, the ILO has compiled

International Labour Codes, serving as comprehensive frameworks for
national labor legislation. These codes consolidate existing ILO standards,
presenting them as models for countries to consider when developing or
revising their labor laws. The codes cover a wide range of labor issues,
including:

• Working Conditions: Addressing aspects such as working hours, rest

periods, safety and health at work.

• Social Security: Covering areas like old-age pensions, unemployment

benefits, and healthcare provisions.

• Freedom of Association: Protecting the right of workers and employers

to form and join organizations of their choosing.

• Minimum Wages: Establishing standards for ensuring a minimum

living wage for workers.

The International Labour Codes embody the ILO's objective of achieving social
progress by promoting decent work conditions globally.

9. Regional Conferences/Meetings - Article 38 of ILO Constitution

Recognizing that labor issues and priorities can vary significantly across
different regions, Article 38 of the ILO Constitution provides a framework for
convening regional conferences. These conferences play a vital role in
adapting ILO standards and programs to the specific needs and challenges
faced by countries within a particular geographic area.

• Objectives: The primary objectives of regional conferences are:

o Regional Focus: To address labor issues that are particularly

relevant or pressing within a specific region.

o Tailored Solutions: To adapt ILO standards, policies, and

programs to the unique circumstances and needs of the region.
 o Knowledge Sharing: To facilitate the exchange of information,
experiences, and best practices among countries facing similar
challenges.

o Policy Guidance: To provide input and recommendations to the

ILO Governing Body and the International Labour Conference on
regional labor matters, potentially leading to the development of
new Conventions or Recommendations.

• Structure and Functioning: While the specific structure and

functioning of regional conferences can vary, they typically involve:

o Tripartite Representation: Delegates representing

governments, employers, and workers from the participating
countries.

o Agenda Setting: An agenda focused on key labor issues of

regional significance, determined in consultation with the ILO
Governing Body and the regional constituents.

o Deliberations and Discussions: A forum for in-depth

discussions, debates, and exchange of views on the selected
agenda items.

o Conclusions and Recommendations: The formulation of

conclusions and recommendations based on the discussions,
which are then submitted to the ILO Governing Body for
consideration.

• Impact: Regional conferences play a crucial role in shaping ILO policy

by:

o Identifying Regional Priorities: Bringing regional labor issues

to the forefront of the ILO’s agenda.

o Influencing Standard Setting: Providing input that can lead to

the development of new Conventions and Recommendations that
are relevant and applicable to the region.

o Promoting Regional Cooperation: Facilitating collaboration and

partnerships among countries in addressing shared labor
challenges.

10. The ILO Century Project 1919-2019

The ILO Century Project marked the organization's 100th anniversary in

2019. This significant milestone provided a valuable opportunity for:
 • Reflection on Achievements: To look back on the ILO's contributions
to improving global labor standards, promoting social justice, and
shaping the world of work.

• Assessment of Progress: To evaluate the progress made over the past

century in addressing labor challenges and to identify areas where
further efforts are needed.

• Addressing Contemporary Challenges: To engage in dialogue and

debate on emerging trends and issues in the world of work, such as the
impact of globalization, technological advancements, and changing
demographics.

• Shaping the Future of Work: To discuss and develop strategies for

ensuring that the ILO remains relevant and effective in promoting
decent work in the 21st century.

11. ILO Conventions, the Right to Strike, and the ICJ

Following a request submitted by the Workers’ group and supported by 36
governments, the Governing Body decided at its 349th bis (Special) Session
held on 10 November 2023, to refer the long-standing dispute on the
interpretation of the Freedom of Association and Protection of the Right to
Organise Convention, 1948 (No. 87) in relation to the right to strike to the
International Court of Justice (ICJ) for decision in accordance with article
37(1) of the ILO Constitution.

The interpretation dispute concerns whether the right to strike of strike of

workers and their organizations is protected under the Convention No. 87.
The dispute has persisted for several years and in 2012 gave rise to a major
institutional crisis, with the Conference Committee on the Application of
Standards being prevented for the first time from exercising its supervisory
functions.

For the Employers’ group, Convention No. 87 does not contain any provision
whose ordinary or literal meaning would imply the existence of a right to strike
while the preparatory work that led to its adoption confirms that the intention
of the drafters was clearly not to include the right to strike within the scope
of Convention No. 87. In addition, the Employers’ group objects to the
acceptance by the Committee of Experts on the Application of Conventions
and Recommendations of a universal, explicit and detailed right to strike and
the Committee’s attempts to produce new “jurisprudence” despite lacking law-
making power or the authority to issue binding rulings on the application of
national laws and regulations.

In contrast, the Workers’ group considers that the terms of Convention No.
87 guaranteeing the right to organize must be understood in the context of
the relevant provisions of the Preamble to the ILO Constitution and of the
Declaration of Philadelphia and taking into account any subsequent practice
that establishes general agreement regarding their interpretation, such as the
consistent case law of the bodies responsible for overseeing the application of
the Convention. In addition, the Workers’ group contends that all ILO bodies
involved in supervision necessarily interpret the meaning of standards, and
that therefore the Committee of Experts may occasionally perform
interpretative functions.

This is the seventh time that the ILO has requested an advisory opinion under
article 37 of its Constitution but only the second time with regard to the
interpretation of an international labour Convention and the first time ever to
seize the International Court of Justice since its creation in 1945.

12. Core Conventions and General Conventions

The sources differentiate between "core conventions" and "general

conventions" within the ILO framework.

• Core Conventions: These address fundamental principles and rights

at work. They are considered fundamental both within and outside the
ILO and were given prominence in the 1995 World Summit for Social
Development. The eight core conventions are:

o Freedom of Association and Protection of the Right to Organise

Convention, 1948 (No. 87)

o Right to Organise and Collective Bargaining Convention, 1949

(No. 98)

o Forced Labour Convention, 1930 (No. 29)

o Abolition of Forced Labour Convention, 1957 (No. 105)

o Minimum Age Convention, 1973 (No. 138)

o Worst Forms of Child Labour Convention, 1999 (No. 182)

o Equal Remuneration Convention, 1951 (No. 100)

o Discrimination (Employment and Occupation) Convention, 1958

(No. 111)

• General Conventions: These cover a broader range of labor issues and

provide more detailed and technical standards. Examples include
conventions related to:

o Labor Inspection
 o Tripartite Consultations

o Employment Policy

o Working Conditions

o Social Security

o Occupational Safety and Health

Case Laws

Case Name Topic Significance

N.B. Jeejeebhoy v. Pecuniary Bias The Chief Justice of India

Assistant reconstituted the bench after
Collector, Thana discovering one member was part
Prant, Thana of a cooperative society involved in
the land acquisition dispute,
illustrating the importance of
impartiality.

Ramnath Prasad Pre-decisional This case clarified the concept of

v. Collector of Hearing pre-decisional hearings, where
Darbhanga individuals can present their case
before a decision is made,
emphasizing fairness and due
process in administrative actions.

Charan Lal Sahu Government This case involved a challenge to

v. Union of India Representation the government's authority to
in Litigation represent Bhopal gas disaster
victims due to its shareholding in
the company responsible,
highlighting potential conflicts of
interest when the government is
both a litigant and an authority
responsible for regulating
industries.

Sir Emanuel and Principles of This case set a precedent for fair
Stamping works Natural Justice inquiries, outlining that
Pvt. Ltd v. Their employees must be informed of
workmen charges, allowed to cross-examine
witnesses, present their own
evidence, and receive a written
 report, emphasizing procedural
fairness in workplace disputes.

A.K. Kraipak v. Principles of This case emphasized the

Union of India Natural Justice importance of impartiality in
administrative decisions, even
when no direct evidence of bias
exists. The involvement of a
candidate for a position on the
selection board was deemed a
conflict of interest.

Workmen v. Reasoned This case highlighted the need for

Meenakshi Mills Decisions administrative and judicial bodies
Ltd. to provide clear reasons for their
decisions, enabling effective
judicial review and ensuring
transparency and accountability
in labor disputes.

Bachawat Farms Judicial Review This case reaffirmed the court's

Pvt. Ltd. v. Union authority to review administrative
of India decisions in industrial disputes,
particularly when principles of
natural justice are violated or
decisions appear arbitrary.

Bharat Bank v. Industrial This case significantly shaped the

workmen of Jurisprudence development of industrial law in
Bharat Bank India, guiding the Supreme
Court's approach to balancing the
interests of labor and
management and advancing the
principles of social justice
enshrined in the Indian
Constitution.

Hussainara Public Interest This landmark case marked a

Khatoon v. State Litigation (PIL) turning point in Indian law by
of Bihar allowing a petition on behalf of
undertrial prisoners, paving the
way for PIL as a tool to address
social injustices and protect the
rights of marginalized groups.
Olga Tellis & Ors Right to This PIL case established that the
v. Bombay Livelihood right to livelihood is an integral
Municipal part of the right to life under
Corporation & Article 21 of the Indian
Ors Constitution.

M.C. Mehta v. Child Labor This case addressed child labor in

State of Tamil the glass industry and led to
Nadu guidelines for eradicating child
labor and rehabilitating affected
children.

Consumer Hazardous This PIL case focused on

Education and Working protecting workers' rights in
Research Centre Conditions hazardous industries,
(CERC) v. Union of underscoring the responsibility of
India employers to provide a safe
working environment.

Vishaka and Sexual This case, while not directly linked

Others v. State of Harassment at to ILO conventions, led to
Rajasthan Workplace guidelines for preventing sexual
harassment at the workplace,
addressing a critical issue beyond
traditional labor relations and
reflecting the evolving nature of
labor jurisprudence.

M.C. Mehta v. Employer's Duty This PIL case highlighted the

Union of India of Care employer's responsibility for
(Oleum Gas Leak providing a safe working
Case) environment and established the
principle of absolute liability for
industries engaged in inherently
dangerous activities.

Rural Litigation Environmental In this case, a letter alleging illegal

and Entitlement Protection mining was treated as a writ
Kendra through PIL petition, demonstrating the
,Dehradun v/s flexible approach of PIL. The court
State of U.P. ordered the closure of quarries
harming the environment and
public health, showcasing the
 judiciary's role in environmental
protection.

Mukesh Advani Bonded Labor The Supreme Court treated a

v/s State of M.P. letter with newspaper clippings
about bonded laborers as a writ
petition and directed the
government to take action. This
highlights the accessibility of PIL,
allowing citizens to use various
means to bring issues to the
court's attention.

Labourers Enforcement of A letter concerning the violation of

working on Salal Labor Laws labor laws at a construction
Hydro project v/s project was treated as a PIL. This
State of J.& K case demonstrated the court's
.and others proactive approach in ensuring
the implementation of existing
labor laws even in large-scale
projects.

L.K. Koolwal v/s Sanitation and The Rajasthan High Court

State of Public Health appointed a commissioner to
Rajasthan report on sanitation problems,
showcasing the court's willingness
to address public health concerns
through PIL. This led to directions
to improve sanitation, highlighting
the connection between labor
conditions and public health.

M.C. Mehta v.s Environmental The Supreme Court, in this case,

Union of India Impact utilized expert committees to
(Shri Ram Gas Assessment assess environmental damage
Leak case) from industrial activities,
illustrating the court's reliance on
specialized knowledge in complex
PIL cases.

Bandhua Mukti Representative This case demonstrated the

Morcha v/s Union Standing concept of representative
of India standing, where organizations can
file PILs on behalf of vulnerable
groups. The court's intervention
 led to the release of bonded
laborers.

People’s Union Exploitation of This PIL case allowed social

for Democratic Workers activists to represent exploited
Rights v/s Union construction workers, showcasing
of India the court's commitment to
addressing labor exploitation.

Fertilizer Citizen Standing While the court entertained this

corporation petition by a trade union
Kamgar Union challenging the sale of public
v/s Union of India assets, it ultimately rejected the
claim. This highlights that PIL is
not a guarantee for success but
offers an avenue for raising
concerns.

P.B. Samant v/s Abuse of Public This and the subsequent Raju v/s
State of Office State of Karnataka (Arrak Liquor
Maharashtra Bottling case) exemplify how
(Cement case) citizen standing enables
individuals to challenge misuse of
power by government officials,
using PIL as an accountability
mechanism.

Ganga pollution Environmental This case established the right of

case ‘ M.C. Mehta Protection a citizen to sue for environmental
v/s Union of protection, leading to the closure
India, of polluting tanneries and
emphasizing the judiciary's role in
safeguarding the environment.

Judges ‘Transfer Judicial This landmark judgment upheld

case Independence the right of lawyers to challenge
government policies potentially
impacting judicial independence.

D.C. Works Ltd. v. Employer- This case initially established a

State of Employee strict "control" test for
Saurashtra Relationship determining employment
relationships under industrial
law, which was later relaxed to
address potential hardships faced
 by workers and to broaden the
scope of labor protections.

Bridhichand Employer- This case relaxed the strict

Sharma v. First Employee "control" test previously used to
Civil Judge Relationship determine employer-employee
relationships, making it easier for
workers to seek legal recourse and
emphasizing the importance of
considering the substance of the
relationship over formal
designations.