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Unit 1: Philosophy of Labour Laws

by the State. Of particular relevance is Article 14, which provides that “the State shall not deny Notes
to any person equality before the law or equal protection of the laws within the territory of
India”. In addition to this, Article 16 guarantees equality of opportunity in matters of public
employment. Further, Article 19 guarantees “the right to freedom of speech and expression, to
assemble peaceably and without arms, to form associations or unions, to practice any profession,
and to cant’ on any occupation, trade or business.” These constitutional guarantees are of great
practical significance in the area of labour law, including minimum standard legislation. Equal;
protection constitutes a limitation on the legislative power to select or decide which business or
industry must achieve minimum standards. The right to carry on trade profession or business
limits the burden which the legislation may place on business in the interest of workers. The
freedom of speech, assembly, association and unionisation protect workers in their efforts to
achieve their objectives through self in organising, picketing or striking.
Article 21 provides protection of life and personal liberty. It provides that no person shall be
deprived of his life or personal liberty except according to procedure established by law. Article
23 prohibits traffic in human beings and forced labour. It says (i) Traffic in human beings and
beggar and other similar forms of forced labour are prohibited and any contravention of this
provision shall be an offence punishable in accordance with law. Life, in Article 21, has been
interpreted by the Supreme Court as including livelihood and the Court has held in several cases
that any employment below minimum wage levels is impermissible as it accounts to slavery
as understood in Article 23. Holding a person in bondage is a Constitutional crime. Article 24
places a ban on employment below the age of 14 in any factory or mine or engaged in any other
hazardous employment.

Self Assessment

State whether the following statements are true or false:
4. The Preamble has been amplified and elaborated in Part IV of the Constitution, which
deals with the Directive Principle of State Policy.

5. The fundamental rights are enumerated in Part-III of the Constitution.
6. Article 19 provides protection of life and personal liberty.

1.3 Social Justice and Labour Laws

In the realm of labour laws there has been in reality continuous legislative activity by the
Supreme Court ever since the Constitution was promulgated. The Supreme Court has performed
a pioneering role in evolving first principles of industrial law which are so sound that they are
largely still followed today despite the dynamic nature of industrial law.
The fundamental principle which was laid down by the Supreme Court in this respect was
the principle of social Justice. In fact, other principles of labour law only flow from this basic
principle, and hence we may consider it at some length. Social Justice connotes the balance of
adjustments of the various interests concerned in the social and economic structure of society. It
aims at promoting harmony in Industrial relations upon an ethical and economic basis, and its
ultimate objective of peace in Industry. Thus, social justice is an objective of peace in industry.
Thus, social justice is an application in the field of labour laws of the basic principle of sociological
jurisprudence of harmonising conflicting interests. Social Justice recognised that workers are in a
weak bargaining position vis-a-vis the employer, and it seeks to remedy this situation.

Did u know? In J.K. Cotton Spinning &Weaving Mills v. Labour Appellate Tribunal, AIR
1964 SC 737 the Supreme Court observed.

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