Understanding Constitutional

Provisions for Labour Welfare: A

Comprehensive Analysis

Miss. Harshitha
Assistant Professor)
 Constitutional Provisions
Relating to Labour Welfare in
India

The Constitution of India envisions a comprehensive

framework for the welfare of workers, underpinned by
social justice, equality, and human dignity. The
labor welfare provisions in the Indian Constitution
play a critical role in shaping labor laws and policies,
ensuring that workers' rights are protected and
that their economic and social conditions are
enhanced. These provisions can be found primarily
under the Fundamental Rights (Part III), the
Directive Principles of State Policy (DPSP) (Part IV),
and specific legislative enactments inspired by the
Constitution.
 Objectives of Labour
Welfare
The main objectives of labor welfare, as envisioned in the
Constitution, are:
Protection of Workers’ Rights: To protect workers from
exploitation, discrimination, and unsafe working conditions.
Improvement of Working Conditions: To ensure humane
working environments, with adequate safety, security, and
health provisions.
Economic Upliftment: To provide workers with fair wages,
social security, and opportunities for personal and
economic growth.
Social Justice and Equality: To ensure that workers are
treated equally, regardless of gender, caste, or religion.
Provision of Social Security: To ensure that workers are
provided with medical,npension, and other social security
benefits.
 Relevant Constitutional Provisions for
Labour Welfare
The Constitution of India lays down specific provisions that safeguard the
rights and welfare of workers. These provisions are found under Fundamental
Rights, Directive Principles of State Policy, and Fundamental Duties.
1. Fundamental Rights (Part III of the Constitution): The Fundamental Rights
offer constitutional guarantees aimed at securing labor welfare in India.
Some key Articles include:
Article 14 – Right to Equality: This guarantees that every individual,
including workers, is entitled to equal protection of the law. It ensures that
laws protecting workers' rights must be applied uniformly and impartially.

1. In Randhir Singh v Union of India, The SC held that although the principle of
equal pay for equal work is not expressly declared by our constitution to be a
fundamental right, but it is certainly a constitutional goal under article 14,16
39(d) of the constitution. This right can be enforced in case of unequal scales
of pay based on irrational classification.
2. Daily rated casual labour v Union of India, It has been noted that daily rated
casual labourers in P & T department who were doing similar work as done by
the regular workers of the department were entitled to minimum pay in the
pay scale of the regular workers plus DA, but without any increments. Denial
of minimum pay amounts to violative of Articles 14 & 16 of the constitution,
and it also amounts to exploitation of labour and government cant advantage
and it should be a model employer
 Relevant Constitutional Provisions for
Labour Welfare
Article 19(1)(c) – Freedom to Form Associations: This provision
guarantees workers the right to form associations, trade unions,
or co-operatives, which are crucial for labor welfare, enabling
workers to collectively advocate for their rights.

a) In Damayanthi v Union of India, The SC held that Right to form

an Association implies that the person forming the association
have also have the right to continue to be associated with
only those whom they voluntarily admit in the association. Any
law whichtakes away the membership to keep those out or any
law which takes away the membership to those who have
voluntarily joined. It will be a law violating the right to form an
association.
 Relevant Constitutional Provisions for
Labour Welfare
Article 21 – Right to Life and Personal Liberty: This article
guarantees workers the right to life and personal liberty,
ensuring that they are not subjected to inhuman or degrading
treatment at the workplace.

a) In Olga Tellis v Bombay Municipal Corporation, The SC held

that, The word “Life” in Article 21 includes the “ Right to Livelihood”
also the court said “ it does not mean merely that life cannot
be extinguished or taken away as, An equally important facet of
that right is the right to livelihood is not treated as part of the
constitutional Right to Life.
 Relevant Constitutional Provisions for
Labour Welfare
Article 23 – Prohibition of Forced Labour: This prohibits all forms
of orced labor, making it illegal for any worker to be coerced
into performing work against their will, a cornerstone of labor
welfare.

a) People's Union for Democratic Rights v. Union of India, This

case is significant in terms of protecting the rights of workers.
The Supreme Court emphasized the need for the state to ensure
the protection of workers' fundamental rights under Articles 21
and 23, particularly for those working in unorganized sectors like
the construction industry.
 Relevant Constitutional Provisions for
Labour Welfare
Article 24 – Prohibition of Child Labour: This provision prohibits
the employment of children under the age of 14 years in
factories, mines, or hazardous conditions, ensuring that children
are protected from exploitation in the workplace.

M.C. Mehta v. State of Tamil Nadu, This case established that child
labor in hazardous conditions is a violation of constitutional rights,
particularly Articles 21, 24, and 39(e). The Court held that the state
must enforce laws to protect children from exploitation in
workplaces.
2. Directive Principles of State Policy (DPSP) (Part IV)
The DPSPs are a set of guidelines that the State is
required to follow while
framing laws and policies. Though not enforceable in
courts, they serve as the
moral and political foundation for various laws related to
labor welfare.
Key Articles of the DPSP that relate to labor welfare
include:
Article 38 – Promotion of Welfare of the People:
This article directs the State to promote the welfare of
the people by securing and protecting a social order in
which justice—social, economic, and political—shall
inform all the institutions of national life. This includes
policies for labor welfare.
 Article 39 – Certain Principles of Policy to be followed by the State: This is
crucial in the context of labor welfare. It specifically outlines that the
State should direct its policy to secure
1. Article 39(a): Workers should have adequate means of livelihood.

State of Maharashtra v Manubhai Pragaji Vashi, The court has considerably

widened the scope of the Right to Free Legal Aid. The state must provide
equal justice & free legal aid. It should be the main concern of the state
to have an Proper legal system.

2. Article 39(b): The ownership and control of material resources of the

community should be so distributed to best serve the common good,
ensuring that wealth is not concentrated in the hands of a few.

3. Article 39(c): The operation of the economic system should not result in
the concentration of wealth and means of production, ensuring that
workers are not exploited.
 Article 41 – Right to Work and Public Assistance: This article
directs the State to make provision for securing the right
to work, education, and public assistance in certain cases,
particularly in cases of unemployment, old age, sickness, or
disablement. It indirectly benefits workers by securing their
livelihood and access to welfare services. Requires the state to
secure to the citizen an adequate means of livelihood and the
right to work ( but with in the limits of the economic capacity &
development of the state. It would be sheer pedantry to
exclude the right to livelihood from the context of the “right to
Life.

a) Delhi Development Horticulture employees union v Delhi

Administration, The SC held that although broadly interpreted
and as a logical corollary, right to Life would include the ‘ Right to
Livelihood” But this country has to so far not found feasible to
incorporate the right to livelihood as a fundamental right in the
constitution. the country has so far not attained the capacity to
guarantee it and considers it any the less fundamental to life and
advisedly therefore placed in the chapter of DPSP.
Article 42 – Just and Humane Conditions of Work and Maternity
Relief: This mandates the State to ensure just and humane
conditions of work and to provide maternity relief for female
workers, including provisions like paid maternity leave and safe
working environments.

Article 43 – Living Wage, etc., for Workers: This directs the State
to ensure that all workers are provided with a living wage,
working conditions ensuring a decent standard of life, and
opportunities for leisure and cultural activities. requires the state
to try to secure by suitable legislation or economic organization
to all workers, agricultural industrial, or otherwise a living wage
conditions of work, ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities on an
individual

Article 43 A-(1976 42nd amendment): participation of workers in

management of industries. The state shall take steps by suitable
legislation or in any other way , to secure the participation of
workers in the management of undertakings, establishments or
other organizations engaged in any industry
Article 46- Promotion of educational and economic interests
of Scheduled Castes, Scheduled Tribes and other weaker
sections: enjoins the state to promote with special care for
the education and economic interest of the weaker sections
of the people education weaker sections of the society in
particular SC and ST and protect them from Social injustice
all forms of exploitation.

Article 47 – Duty of the State to Raise the Level of Nutrition

and Standard of Living: The State is required to make efforts
to raise the level of nutrition and standard of living of the
people, which has a direct bearing on the welfare of workers.
3. Fundamental Duties (Part IVA)
Article 51A (e): This emphasizes the duty of citizens to
strive towards promoting the welfare of the nation,
including the well-being of workers. It lays down the
moral obligation to contribute to the labor welfare
system.
Case Laws Relevant to Bharat Forge Co. Ltd. v. Union of India, This case explored the scope of the
right to form associations under Article 19(1)(c). The Supreme Court ruled
Labour Welfare that the freedom to form trade unions is an essential right for workers to
advocate for their welfare.

State of Punjab v. Labour Court, The Supreme Court ruled that the State
must ensure fair treatment for workers, and any laws relating to labor must
comply with the principles of justice, including fair wages and working
conditions.

Vishaka v. State of Rajasthan, This landmark case established guidelines to

prevent sexual harassment at the workplace, demonstrating the
judiciary's role in shaping labor welfare laws and reinforcing the State's
duty to ensure a safe and dignified work environment.

Pepsu Road Transport Corporation v. Surinder Singh, In this case, the

Supreme Court highlighted the importanc of protecting workers' rights,
especially in the context of employment security and compensation.

Workmen of Sub-Division ‘H’, The Supreme Court discussed the issue of

wages and benefits due to workers, emphasizing the state’s responsibility in
providing equitable and humane treatment to the labor class.

M. N. Govindan v. State of Kerala, The Court ruled that the provisions for
labor welfare need to be adhered to strictly, especially those concerning
conditions of work and remuneration.
 Provisions for Labour Welfare
in Legislation
Apart from the Constitutional provisions, several labor welfare laws are
enacted to
ensure workers' rights and well-being.
Some of the key legislations include:
1. The Factories Act, 1948: Ensures safe working conditions, adequate
wages, and proper working hours for factory workers.
2. The Minimum Wages Act, 1948: Guarantees that workers are paid a
minimum wage.
3. The Employees' Provident Funds and Miscellaneous Provisions Act,
1952: Provides social security in the form of provident funds, pension,
and insurance for workers.
4. The Industrial Disputes Act, 1947: Provides mechanisms for resolving
industrial disputes and safeguarding workers' rights in cases of layoffs
and retrenchments.
5. The Equal Remuneration Act, 1976: Ensures equal pay for equal work
for men and women.
6. The Maternity Benefit Act, 1961: Provides for maternity leave and
benefits for women workers.
7. The Employees’ State Insurance Act, 1948: Ensures health care
and social security benefits for workers in case of sickness, injury,
or maternity.
 Callenges

Despite robust constitutional provisions, numerous

challenges hinder effective implementation. Issues such as
corruption, lack of awareness, and insufficient resources can
impede progress. Addressing these challenges is essential for
realizing the full potential of labour welfare laws.
In conclusion, understanding constitutional provisions for labour welfare is fundamental for promoting workers'
rights and social justice. Moving forward, it is crucial to address existing challenges and explore innovative
solutions to enhance the effectiveness of these provisions. The Indian Constitution, through its various provisions,
upholds the cause of labor welfare by promoting social justice, equality, and dignity for workers. Throught he
Fundamental Rights, Directive Principles of State Policy, and Fundamental Duties, it aims to secure the rights of workers
and ensure their protection from exploitation. The case laws and subsequent labor laws enacted by the state further
reinforce these provisions, ensuring a more equitable society. These constitutional principles and their judicial
interpretations form the bedrock of India’s labor welfare framework, ensuring an fair, just, and humane working
environment for all workers.