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Unit 1: Philosophy of Labour Laws

(ii) By providing a framework within which employers, workers and their representatives can Notes
interact with regard to work-related issues, it serves as an important vehicle for achieving
harmonious industrial relations based on workplace democracy;
(iii) It provides a clear and constant reminder and guarantee of fundamental principles and
rights at work which have received broad social acceptance and establishes the processes
through which these principles and rights can be implemented and enforced.
But experience shows that labour legislation can only fulfills these functions effectively if it is
responsive to the conditions on the labour market and the needs of the parties involved. The most
efficient way of ensuring that these conditions and needs are taken fully into account is if those
concerned are closely involved in the formulation of the legislation through processes of social
dialogue. The involvement of stakeholders in this way is of great importance in developing a
broad basis of support for labour legislation and in facilitating its application within and beyond
the formal structured sectors of the economy.

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Caselet Airport Authority of India
he writ petition was filed by the Airport Authority of India, challenging the impugned
order passed by the authority under Rule 25 (2)(v)(a) & (b) of Contract Labour
T(R&A) Central Rules dated 27.04.2001, whereby it was held that the members of
the second respondent in the category of Safaiwala/cleaner/sweeper under the contractor
engaged by the petitioner are performing not the same, but similar work as performed by
the corresponding category of directly employed workers of the petitioner. The provision
contained under Rule 25(2)(v)(a) of the Contract Labour Act, 1971, makes it very clear
that in a case where the contract workman performs the same or similar kind of work
as the workmen directly employed by the Principal employer, then the benefits to such
a contract workman shall be the same, as applicable to the workmen directly employed
by the principal employer. Therefore the said rule mandates that the benefits shall be
equal both to a workmen engaged by a contractor as well as the workmen engaged by the
principal employer. The Court held that no distinction can be made against Contract labour.
Contract labour is entitled to the same wages, holidays, hours of work and conditions of
service as are applicable to workmen directly employed by the principal employer under
the appropriate industrial and labour laws. If there is any dispute with regard to the type
of work, the dispute has to be decided by the Chief Labour Commissioner. Thus the Court
held that the order impugned is perfectly in order and no interference needs to be called
for and accordingly dismissed the writ petition.
Source: http://www.chadha-co.com/pdfs/C&Co-Labour-Law-Update-April-May-2012.pdf

Self Assessment

State whether the following statements are true or false:
1. Labour law seeks to regulate the relations between an employer or a class of employers and
their employees.
2. Law is a technique for the regulation of political power.
3. Labour is a commodity.

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