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What are the fundamental principles of Labour legislation?
Posts: 3,285
Threads: 501
Joined: Sep 2010
1. Social Justice-In an industrial set-up, social justice means an equitable distribution of profits and benefits accruing from industry between industrialists and workers and affording protection to the workers against harmful effect to their health, safety and morality. Mere compliance with and enforcement of legal rights may be unfair and cause hardship to the workers as workers-employer contracts are generally one-sided and directed by the employers. The Workmen's Compensation Act, 1923 and the Minimum Wages Act, 1948, for example, are attempts at securing social justice to the workers. The provisions of the Factories Act, 1948, fixing hours of work, overtime, leave privileges, welfare facilities and safe working conditions are also directed towards the same end.
Social justice is the signature tune of the Constitution of India and this note is nowhere more vibrant than in industrial jurisprudence [Per Krishna Iyer, J. in Punjab National Bank v.Ghulam Dastagir. AIR (1978) SC 481].
The Preamble to our Constitution also lays down the objective of establishing 'Justice—Social, Economic and Political'
2. Social equity—Another principle on which Labour Legislation is based is social equity. Legislation based on social justice fixes a definite standard for adoption for the future, taking into consideration the events and circumstances of the past and the present. But with the change of circumstances arid ideas there maybe a need for change in the law. This power of changing the law is taken by the Government by making provisions for True-making powers in the Acts in regard to certain specified matters. The rules may be modified or amended by the Government to suit the changed situation. Such legislation is based on the principle of social equity.
3. International uniformity—International uniformity is another principle on which labour laws are based. The important role played by the International Labour Organisation (in short, I.L.O.) in this connection is praiseworthy. I.L.O. is an international agency which was founded in 1919 soon after the First World War.
