Labor Laws with reference to Directive Principles of State Policy

Directive Principle of the State Policy

The Directive Principle of the State Policy is enshrined in Part IV of the Constitution.  The aim of Part IV of the Constitution is to direct the legislative and executive organs of the government while framing the policies. The state shall take all endeavors to build a nation with facilities of the old home, employment, schools to educate, fair wages to all, good and standard life and act. The directive Principle is not enforceable in any court of law as they are enshrined as the ‘to-do list’ by the Constitution makers.

Industrialization is the modern trend in almost all developing nations. The proper conditions between employer and employee are needed or can say it’s on priority for the planned, progressive and purposeful development so the society. No economy can reach its peak if its labor force is not happy. Post- Independence has witnessed the evolution of new India with many small scales and large scale industries and factories. Along with the industrial revolution, the period also witnessed the mass awakening and responsible being towards their rights and duties. As a result of which during the 20th-century a new branch of Industrial Jurisprudence has developed in our country. Industrial Jurisprudence paved a way for many labor and industrial legislation not only this many knocked the doors of High Court and Supreme Court which lead to many landmark judgments. The principles on which the labor or industrial legislation laid down should be social justice, social equality, international uniformity, and national economy.

Constitutional Provisions Regarding labor Laws

The Labor laws of independent India derive their strength, origin from the Constitution of India and International Convention and recommendations. The Part III of the Constitution which is the Fundamental Right guaranteed the labor force their dignity of work, equal treatment, and savior from exploitation under Article 16,19,23& 24 whereas, the Directive Principle of State Policy under Article 39,41,42,43,43A which direct the government to frame the policies to uplift the condition of workers.

India is also a signatory to many UN conventions and human rights which to aims to protect the interest of the labor class in the world.  These include the right to work of one’s choice, right against discrimination, the prohibition of child labor, just and humane conditions of work, social security, protection of wages, redress of grievances, right to organize trade unions, collective bargaining, and participation in management

Article 39 of the Constitution

The state shall take the necessary steps in securing:-

• All the citizens, equally, have the right to an adequate means of livelihood.

• The distribution of material resources should be in a way to serve the best common good

• The operation of the economic system does not result in the concentration of wealth.

• Equal pay for equal work

• No exploitation of workers includes men, women, and children. Abuse in terms of strength, economic necessity and their age.

• Protection of children from any exploitation and abuse, children must be given opportunities and facilities to develop in a healthy manner.

Dhirendra Chamoli v. State of U.P (AIR 1986 SC 172)

Facts:

The writ petition has been file by two employees of the Nehru Yuvak Kendra, Dehradun name:-Dhirendra Chamoli and Mohan Singh.

The complaint made in the writ was Nehru Yuvak Kendra engages number of workers as casual workers on a daily wage basis and the work done by the daily wage workers is the same work as is performed by the Class IV employee. The daily wage workers and Class IV workers do the same work but both are given different salaries and allowances. 

Judgment:-

“the writ petitions and make the rule absolute and direct the Central Government to accord to these persons who are employed by the Nehru Yuvak Kendra’s and who are concededly performing the same duties as Class IV employees, the same salary and conditions of service as are being received by Class IV employees”.

Article 41

The state shall take endeavor for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement and in other cases of undeserved want.

Article 42

There is a separate legislation Maternity Benefit Act 1961, with an object to do social justice to women workers. The legislation includes different kinds of wages to the women workers and special allowances, benefits to the female wage earners before and after the childbirth.

The Act provides that the women will be paid maternity benefit at the rate of her average daily wage in the three months preceding her maternity leave. This legislation has changed the scenario of women workers and has brought an end to the exploitation of women and newborns to a greater extend.

Ram Bahadur Thakur vs Chief Inspector of Plantations

In this case, the woman worker who was employed in the Pambanar Tea Estate was denied maternity benefit on the ground that she had worked for only 157 days instead of 160 days. The court held the women worker claim and held that all the wage less holiday have to be taken into consideration and the maternity benefit act must be interpreted to advance the purpose of the Act.

Article 43 and 43 A

Article 42 aims at providing to all workers, agricultural, industrial or other a wage for securing a standard life and enjoyment of cultural and social opportunities.

1. The state should also take measures, or make legislation, for the participation of workers in the management of the industrial establishment.

Article 43-A was included in part of the Constitution by the 42nd amendment of the constitution. It is also known as the Magna Carta of the Industrial Jurisprudence.

“The views of the authors are personal

Frequently Asked Questions

What does articles 23 and 24 states and how it proved to be helpful?

Article 23 protects the exploitation and forced labor whereas Article 24 prohibits the labor of children in hazardous industries below the age of 14. Previously, the children were first exploited from the hands of the parents an later by the employers. Now, these provisions are so strict that if someone forcefully or willfully, take the labor from the children, and the work given can affect the health, mind, body or any ways affect the growth of a child, it will be prosecuted as an offense.

What is collective bargaining?

It is bargaining between the employer and the Trade Union instead with an individual worker, on the terms of agreement of working. It has less or decreases the exploitation of labor in the hands of the employers. Trade Union represents the interest of all workers and is the collective voice of all the laborers. It is the respecting body in the management of the industrial establishment.

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I am Aditi Anand pursuing my BLS LLb from KES Jayantilal H Patel Law College , Mumbai University . Currently I am in my Vlllth Semester. I have chosen law as my career as this field have a dynamic characteristics which fills me with an enthusiasm and attracts me the most. The sections of law like Constitutional Law, Criminal Law, Civil ( property and contract) are preferred the most. Infact, these days I am heading my interest towards the taxation Laws. During my law school I have been a part of many debate, Moot and writing competition where I have achieved my best results. I always love to keep myself updated with the current socio- eco and political situation Beside this I am good debater and leader with good supervising and managing skills . During my leisure time I like to read, chit chat , watch movies /series , baking and to teach.