UNIVERSITY INSTITUTE OF LEGAL STUDIES

LABOUR LAWS AND INTERNATIONAL

LABOUR ORGANISATION PROJECT

RIGHT TO JUST AND HUMANE CONDITIONS OF WORK:

Its Constitutional Aspect and ILO Convention no. 187

Submitted to: Submitted by:

Dr. Virender Kumar Negi Livanshu Garg
152/14
Section C
10th Semester
B.Com.LL.B. (Hons.)
 Acknowledgement
I would like to express my special thanks of gratitude to my teacher Dr. Virender Kumar
Negi who gave me the golden opportunity to do project on the topic Right to just and
humane conditions of work: Its Constitutional Aspect and ILO Convention no. 187, which
also helped me in doing a lot of research and I came to know about so many new things. I
am really thankful to them. Secondly I would also like to thank my parents and friends who
helped me a lot in finishing this project within the limited time.

— Livanshu Garg

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 Table of Contents

Acknowledgement 2
Table of Contents 3
Introduction 4
Definition of Labour under Labour Law 4
Labour Laws Description 5
Implementation of the Labour Laws 5
Constitutional Aspects of Just and Humane working Conditions 5
India and International Labour Organisation (ILO) 7
Convention 187 of International Labour Organisation 8
Article 1 (Definitions) 8
Article 2 (Objective) 8
Article 3 (National Policy) 9
Article 4 (National System) 9
Article 5 (National Programme) 10
Bibliography 11
Published Sources 11
Web Sources 11

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 Introduction
What is justice under the labour law or what is the humane working conditions prescribed under it is the
biggest question. Since the ancient times labour class has been down trodden and deprived of the good life
by the people of higher class, landlords or by the royal families. Across the globe this problem was common.
In India it was very common from the ancient times, in from of caste system lower caste people were always
dominated by the higher caste people. Sudras considered below Vaishayas, Brahmins and Khshtriyas
considered higher rank, etc. Ex: Zamindars or Landlords always dominated the farmers working under them.
They were of their natural human rights.

India got its independence in year 1947 and the Constituent Assembly was formed to write down the
Constitution for the free India. Through this “Constitution, to feed the starving people and clothe the naked
masses and give every Indian fullest opportunity to develop himself according to his capacity”. Everyone
must have equal rights and no one must be deprived of the natural human rights that have been given us by
the nature by birth.

The Universal Declaration of Human Rights which was adopted by the United Nations General Assembly on
10 December 1948 was adopted as the fundamental rights under Part 3 of the Constitution. Fundamental
rights of the citizens are against the state therefore, provisions are made under the Part 4 of the Constitution
of India. Articles 23 and 24 of the Constitution of India protect the citizen from being exploited. “Right
Against Exploitation” - Article 23 Prohibition of traffic in human beings and forced labour against the law
that is no one can make somebody work without his/her will at any place. It also restrains from Child Labour
that is a human below the age of 14 years cannot be worked at any hazardous industries such cement
industry, glass work industries, crackers factories or many other industries which are hazardous for the
children under Article 24. To abide this provision law is to be made by the Government; therefore, the
Constitution of India provides the direction to make laws that are Directive Principles of States Policy which
is stated in Part VI of the Constitution under Article 39 the Government was guided to make laws for the
protection of the labours.

Definition of Labour under Labour Law

Every person employed in an industry organisation is not “LABOUR” under Labour Laws. There are many
exceptions:
1. Any person employed in Supervisory or Managerial capacity.
2. Any person who is taking a salary more than prescribed in that certain Act is not covered under those
certain Acts. As in Maternity Benefit Act, a Woman employee is not entitled to get maternity benefit, if her
wages exceeds ₹ 6,500/- p.m. Payment of Wages Act is for employee getting wages less than ₹ 1,600/- per
month.
3. In many laws, a person is entitled to get benefit even if he exceeds the salary limit but his benefits are
limited to the limit prescribed in that Act (For example: payment of Bonus Act – a person whose salary
exceeds ₹ 5,000/- p.m. is also eligible for bonus but bonus will be paid as he is getting salary of limit
prescribed in Act).
4. Many Labour laws have conditions of minimum number of employee in industry—organisation for their
implementation in that industry—organisation (For example: Employees State Insurance Act is applicable
where 10 or more employees are employed).

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In brief, most of the Labour Laws are for persons working in lower category which government feels can be
exploited easily, so they are to protect them. Many Labour Laws are not applicable on small Industries/
Organization. Though there are many laws, which are applicable on establishments employing a single
person (For example: Minimum Wages Act).

Labour Laws Description

Labour laws are cluster of laws made and regulated by the Parliament of India and State Legislatures. In
India labour laws covers industries of all types. Different labours are made for different industrial as per the
conditions of the industries. There are many laws made for the betterment for the labour group in India, some
of them are Maternity Relief Act, Industrial Dispute Act, Contract Labour (Regulation and Abolition)
Act 1970 & 1971, The Weekly Holidays Act 1942, Mines Act 1952, Motor Transport Workers Act 1961,
Hours of Work, Shifts, Spread-over, Rests and Overtime Beedi & Cigar Workers (Conditions of
Employment) Act 1966, Factories Act 1948, Child Labour (Prohibition and Regulation) Act 1986.

Implementation of the Labour Laws

Under Article 246 (4) of the Constitution of India gives powers to both Centre and State to make any laws
on labour conditions. Labour laws are enacted by the Parliament of India but are implemented by the State
Legislatures through their execution power of implementation. The departments which are regulated by the
Central Acts or the employees are known as Central Employees such as Defence, Industries, Mines,
Railways, Banks and many more these are regulated under the labour laws by Central Government Labour
Department. Those who are employed in the departments run by the State Government are governed by the
State Authorities.

Constitutional Aspects of Just and Humane working

Conditions
The Constitution of India provides right to just and proper humane working conditions for every worker. As
it is well stated that every citizen of India has right to life with dignity and personal liberty. “No person shall
be deprived of his life or personal liberty except according to procedure established by law.”

It is the fundamental rights of every citizen of the country to live life with human dignity and free from
exploitation. It also includes the proper working conditions during the employment. As in one of the leading
cases of M.K. Sharma and Ors. V. Bharat Electronics Limited and Ors1, employees filed the writ petition
before the Supreme Court of India under Article 32 of the Constitution. Bharat Electronics Limited is public
sector undertaking. The company has its factory at Ghaziabad and manufactures electronic components and
equipment including integrated circuits, TV picture tubes and sophisticated Radars used by the country's
defence establishments. The respondent No. 1 has entered into technical collaboration with a French firm,
TCSF. Respondent No. 2 is the competent authority appointed under the Radiation Protection Rules, 1971
framed under the Atomic Energy Act by the Central Government. This petition is confined only to workers
who are working in the transmitter assembly room of the factory as they are exposed to the baneful effects of
the X-ray radiation. They alleged against the respondent no. 1, which is Bharat Electronics Limited has not

1 AIR 1987 SC 1792

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been following the rules and no care and attention has been devoted to the safety and protection of the
employees in such as sensitive place. The court held that proper working conditions are to be made by the
employee and that right to health and medical aid to protect the health of the employees while in service
and after the retirement. Under the constitution of India bonded or forced labour has been prohibited and
exploitation of the workers. In the leading case of People’s Union for the Democratic Rights v. Union of
India2 , popularly known as Asiad Workers’ case, where non-payment of wages to construction workers was
challenged successfully among others, for the violation of Article 23, the Supreme Court, after an elaborate
discussion on the background, philosophy and scope of that article, held that the prohibition against “traffic
in human beings and beggar and other similar forms of forced labour” is a general prohibition, total in
effects and all pervasive in its range.

After the commencement of the Constitution of India the conditions of the workers have been improved and
have been made fair, as under the Constitution everyone has the right to live with the dignity and liberty and
also to have proper justice. Thus, the Constitution of India provides with that to its entire citizen and the
working class whose conditions were miserable as the elite class people made their worsen. Female working
in the factories or at any other place must have security. Under Article 21 of the Constitution equal
opportunity has to be provided to the female working in any industries. Labour laws are in purview of both
the State and Centre and have been included in the Concurrent List of the Constitution. Both has power to
make laws for the security and welfare of labour, thus the there is one Centre Labour Departments and
different States Labour Department.

Articles 38, 39, 39-A, 41, 42, 43, 43-A and 47 of the Constitution embody the Directive Principles of
State Policy which though cannot be enforced through a court of law are nevertheless fundamental in the
governance of the country, casting a duty on the State to apply those principles in making laws. The directive
principles are therefore subordinate to the fundamental rights guaranteed under Part III of the Constitution.
Under these articles it is the duty of the State to promote the welfare of the people, by securing and
protecting a social order in which justice social, economic and political shall inform all the institutions of the
national life; to make effective provision for securing the right to work, education and public assistance in
cases of employment, etc., subject to limits of its economic capacity to make provision for just and humane
condition of work and for maternity relief; to endeavour, to secure by suitable legislation or economic
organisation to all workers work, living wage, conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities, to promote cottage industries on an individual or
cooperative basis in rural areas, and to raise the level of nutrition and the standard of living and improve
public health etc.

To achieve the above object the State is duty-bound to direct its policy towards securing an adequate means
of livelihood for all citizens; to so distribute the ownership and control of the material resources of the
community as best to subserve the common good; to avoid concentration of wealth and means of production
to the common detriment; to secure equal pay for equal work both for men and women; to prevent abuse of
health and strength of workers, men, women and children of tender age and to protect children and youth
against exploitation and against moral and material abandonment.

Article 42 of the Constitution provides for just and humane conditions of work and maternity relief— "The
State shall make provision for securing just and humane conditions of work and for maternity relief." Article
42 of the Constitution incorporates a very important provision for the benefit of women. It directs the State to

2 1982 AIR 1473

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make provisions for securing just and humane conditions of work and for maternity relief. The State has
implemented this directive by incorporating health provisions in the Factories Act, Maternity Benefit Act,
Beedi and Cigar Workers (Conditions of Employment) Act, etc.

This Article exhibits the concern of the framers of the Constitution for the welfare of the workers. The courts
may not enforce the Directive Principles as such. But, they must interpret laws so as to further and not
hinder the goals set out in the Directive Principles.3 It has been held in P. Shivaswamy v. State of Andhra
Pradesh,4 that ₹738/- paid per family as financial assistance to the repatriated bonded labourers, set free
from bonds, were inadequate and not in conformity with Article 42 which required the State to make
provisions for just and humane conditions of work.

In M.C. of Delhi v Female Workers (Muster Roll)5 , the Maternity Relief has been extended to women
(muster roll) employees, working on daily wages.

However, enforcement of discipline and obedience to authority in the work place, has been held as no
violation of Article 42.6

India and International Labour Organisation (ILO)

India is a founder member of International Labour Organization. The principal means of action in ILO is the
setting up the 'International Labour Standards' in the form of Conventions and Recommendations.
Conventions are international treaties and are the instruments which create legally binding obligations on the
countries ratifying them. Recommendations are non-binding guidelines which orient national policies and
actions. ILO has so far adopted 182 conventions and 190 recommendations, encompassing subjects such as
worker's fundamental rights, worker's protection, social security, labour welfare, occupational safety and
health, women and child labour, migrant labour, indigenous and tribal population, etc. The approach of India
with regard to International Labour Standards has always been positive. India has accordingly evolved
legislative and administrative measures for protection and advancement of the interests of labour in India.
The practice followed byIndia so far has been that a Convention is ratified only when the national laws and
practices are in conformity the provisions of the Convention in question. India has so far ratified 41 ILO
Conventions. The unratified Conventions of the ILO are also reviewed at appropriate intervals in relation to
our National laws and practices.

3 UPSC Board v Hari Shankar, AIR 1979 SC 75.

4 AIR 1988 SC 1863
5 AIR 2000 SC 1274
6 M.P. Electric Board v J.C. Sharma, 2005 (3) SCC 401
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 Convention 187 of International Labour Organisation
(Promotional Framework for Occupational Safety and Health Convention, 2006)

The ILO at the General Conference of the International Labour Organization having met in its Ninety-
fifth Session on 31 May 2006,

• firstly, recognised the global magnitude of occupational injuries, diseases and deaths, and the need for
further action to reduce them,
• secondly, recognised that occupational injuries, diseases and deaths have a negative effect on productivity
and on economic and social development and
• thirdly, recalled that the protection of workers against sickness, disease and injury arising out of
employment is among the objectives of the International Labour Organization as set out in its Constitution

adopted the convention and cited as the Promotional Framework for Occupational Safety and Health
Convention, 2006.

Article 1 (Definitions)
Article 1 of the Convention provides definitions:

"For the purpose of this Convention:

a) the term national policy refers to the national policy on occupational safety and health and the working
environment developed in accordance with the principles of Article 4 of the Occupational Safety and
Health Convention, 1981 (No. 155);
b) the term national system for occupational safety and health or national system refers to the
infrastructure which provides the main framework for implementing the national policy and national
programmes on occupational safety and health;
c) the term national programme on occupational safety and health or national programme refers to any
national programme that includes objectives to be achieved in a predetermined time frame, priorities
and means of action formulated to improve occupational safety and health, and means to assess
progress;
d) the term a national preventative safety and health culture refers to a culture in which the right to a safe
and healthy working environment is respected at all levels, where government, employers and workers
actively participate in securing a safe and healthy working environment through a system of defined
rights, responsibilities and duties, and where the principle of prevention is accorded the highest
priority."

Article 2 (Objective)
Article 2 provides for the objective of the convention:

1. "Each Member which ratifies this Convention shall promote continuous improvement of occupational
safety and health to prevent occupational injuries, diseases and deaths, by the development, in

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 consultation with the most representative organisations of employers and workers, of a national policy,
national system and national programme.
2. Each Member shall take active steps towards achieving progressively a safe and healthy working
environment through a national system and national programmes on occupational safety and health by
taking into account the principles set out in instruments of the International Labour Organization (ILO)
relevant to the promotional framework for occupational safety and health.
3. Each Member, in consultation with the most representative organisations of employers and workers,
shall periodically consider what measures could be taken to ratify relevant occupational safety and
health Conventions of the ILO."

Article 3 (National Policy)

Article 3 provides for the national policy which shall be followed by the ratifying nations.

1. "Each Member shall promote a safe and healthy working environment by formulating a national policy.
2. Each Member shall promote and advance, at all relevant levels, the right of workers to a safe and
healthy working environment.
3. In formulating its national policy, each Member, in light of national conditions and practice and in
consultation with the most representative organisations of employers and workers, shall promote basic
principles such as assessing occupational risks or hazards; combating occupational risks or hazards at
source; and developing a national preventative safety and health culture that includes information,
consultation and training."

Article 4 (National System)

Article 4 provides for the national system which shall be put in place by the ratifying nations.

1. "Each Member shall establish, maintain, progressively develop and periodically review a national
system for occupational safety and health, in consultation with the most representative organisations of
employers and workers.
2. The national system for occupational safety and health shall include among others:
(a) laws and regulations, collective agreements where appropriate, and any other relevant
instruments on occupational safety and health;
(b) an authority or body, or authorities or bodies, responsible for occupational safety and health,
designated in accordance with national law and practice;
(c) mechanisms for ensuring compliance with national laws and regulations, including systems of
inspection; and
(d) Arrangements to promote, at the level of the undertaking, cooperation between management,
workers and their representatives as an essential element of workplace-related prevention
measures.
3. The national system for occupational safety and health shall include, where appropriate:
(a) a national tripartite advisory body, or bodies, addressing occupational safety and health issues;
(b) information and advisory services on occupational safety and health;
(c) the provision of occupational safety and health training;
(d) occupational health services in accordance with national law and practice;
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 (e) research on occupational safety and health;
(f) a mechanism for the collection and analysis of data on occupational injuries and diseases,
taking into account relevant ILO instruments;
(g) provisions for collaboration with relevant insurance or social security schemes covering
occupational injuries and diseases; and
(h) Support mechanisms for a progressive improvement of occupational safety and health conditions
in micro-enterprises, in small and medium-sized enterprises and in the informal economy."

Article 5 (National Programme)

Article 5 provides for the national programme:

1. "Each Member shall formulate, implement, monitor, evaluate and periodically review a national
programme on occupational safety and health in consultation with the most representative organisations
of employers and workers.
2. The national programme shall:
(a) promote the development of a national preventative safety and health culture;
(b) contribute to the protection of workers by eliminating or minimising, so far as is reasonably
practicable, work-related hazards and risks, in accordance with national law and practice, in
order to prevent occupational injuries, diseases and deaths and promote safety and health in the
workplace;
(c) be formulated and reviewed on the basis of analysis of the national situation regarding
occupational safety and health, including analysis of the national system for occupational safety
and health;
(d) include objectives, targets and indicators of progress; and
(e) be supported, where possible, by other complementary national programmes and plans which
will assist in achieving progressively a safe and healthy working environment.
3. The national programme shall be widely publicised and, to the extent possible, endorsed and launched
by the highest national authorities."

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 Bibliography

Published Sources
1. Kumar, Narender, Constitutional Law of India, Allahabad Law Agency, 9th Edition 2015

Web Sources
1. www.legalserviceindia.com
2. www.ilo.org
3. www.academia.edu
4. www.shodhganga.inflibnet.ac.in

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