Page 14 - DMGT516_LABOUR_LEGISLATIONS

Unit 1: Labour Welfare and Concept

Notes

Notes Fundamental Rights
Fundamental Rights given in Indian constitution are:

1. The Right to Equality (Articles 14 to 18)
2. The Right to Freedom (Articles 19 to 22)
3. The Right against Exploitation (Articles 23 to 24)
4. The Right to Freedom of Religion (Articles 25 to 30)

5. Cultural and Educational Rights (Articles 29-30)
6. The Right to Constitutional Remedies (Articles 32 to 35)
Article 16 (1) and (2) of the Constitution guarantees Article 14, dealing with the right to
equality and equal protection of law is subject to reasonable classification as absolute
equality is impossibility. Classification can be on the basis of age, sex (provisions under
Factories Act, 1948, Sections 26, 27 etc. for children and women), nature of trade or
profession or occupation, framing rules for recruitment or promotions of public servants
to secure efficiency (Gangaram vs. Union of India-SC 1970), fixing of different minimum
wages for different industries (Chandra Boarding vs. State of Mysore-SC 1970). To be valid,
the classification must be operational and not arbitrary.
Article 19 in its various sub clauses provides, inter alia, freedom of association; freedom to
carry on trade or business and freedom of speech, which are relevant to labour legislation.

Article 21 proclaims, "No person shall be deprived of his life or personal liberty except
according to procedures established by law". With passage of time, and compelling social
needs, the courts have given a very liberal and wide interpretation of the terms "life" or
"Personal Liberty". In Bandhua Mukti Morcha vs. Union of India-SC 1984, it was held that
Article 21 assures a citizen the right to live with human dignity, free from exploitation.
The Government is bound to ensure observance of social welfare and labour laws enacted
to secure for workmen a life compatible with human dignity.
Articles 23 and 24 guarantee the right against exploitation. Clause (l) of Article 23 prohibits
traffic of human beings and any form of forced labour and makes them punishable.

Article 24 of the Constitution prohibits the employment of children below the age of 14
years in factories, mines or any other hazardous work. The idea is to protect the health and
well being of children. However, the article does not prohibit the employment of children
in easy and less strenuous work.
Articles 32 to 35 guarantee the right to constitutional remedies, as right without a remedy
is a meaningless formality.

1.7 Agencies for Welfare Work

There are a number of agencies involved in the labour welfare work. Beside Central Government
and State Governments, there are other agencies which help in providing the welfare amenities
to the workers. They are:
1. Central Government: It laid down certain regulations in the forms of Acts extending to the
health, safety and welfare of the workers. Factories Act, 1948, Mines Act, 1952, Motor
Transport Workers Act, 1961, etc. provides for crèches, canteens, shelters, restrooms etc.

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