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CHAPTER -IV
4.1 Introduction :
Objective of the ILO, relationship between India and ILO, Conventions and
rights, and the role of ILO, on labour management relations are presented
in this chapter.
organisation in the world level and it has been working for the benefit of
the workers throughout the world. It was established in the year 1919. It is a
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‘protector of poor’ and it is a beacon light for the change of social justice
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and social security. The I.L.O examines each and every problem of the
tripartiate body of all the countries. The I.L.O passes many Conventions
early thinkers and philosophers, and famous among them is “Robert Owen”
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which the workers were being crushed underneath the giant wheels of
production.
mainly in England, France and the United States and the expression
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Robert Owen, Saint- Simon, Fourier and many others. There was an
consequently social and economic evils have spread and so socialism has
and the USA enacted Sherman and Clayton Acts which were vigoursly
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take refuse in the utopian doctrines. Robert Owen being an employer took
interest on the welfare of the workmen. Even during the period of shut-
It is very interesting to mention here that Robert Owen was the first
of his ideas and thoughts by the other employers also. He published essays
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in the year 1813 under the new name of “A New View Society”.
The following are the principles which gave birth to the I.L.O and
Versailles.
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conditions of labour.
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own countries.
indicated as below :-
b. Prevention of unemployment;
should be established and thus, the I.L.O came into existence in the year
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Organisation.
sustained progress;
and
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2
view to the promotion of the common welfare.
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(c) The provision, as means to the attainment of this end, and under
and settlement.
medical care,
(g) Adequate protection for the life and health of workers in all
occupations,
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India became the member of the I.L.O in the year 1919 which is
from its inception. Though India had was not won independence by that
year i.e. 1919, it was admitted to the membership of the I.L.O. However its
membership, of the League of Nations and the I.L.O had not gone
unchallenged.
For it was argued that it would give an additional vote to the United
Kingdom. The British Government gave an assurance that British India was
democratically administered and upon this India along with China, Iran,
Japan and Thailand were few Asian countries to be admitted to the I.L.O
which sent a full delegation to the first session of the International Labour
Government representatives, Sir Atul Chaterjee, and Sir Louis ker Sha.
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The I.L.O and India have common aims, goals and destiny, for, both
of them are committed to world peace freedom and social justice. Both are
striving for the socio economic betterment of the long suffering, long
forgotten people, the people who are underprivileged and under nourished
with the fullest realization that any further delay would fatal for themselves
honoured by the working class all over the world for their beneficering
humanitarian and missionary zeal. These I.L.O standards are considered the
It can be mentioned here that the I.L.O standards have been ratified
development and also varying forms and number depending upon many
factors. India is also greatly benefited by the I.L.O standards for the welfare
of the workers.
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state. In India the treaty making power is regarded as ‘Executive Act’ with
Parliament has power to make any law for the whole or any part of the
or other body”.
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subject matter perhaps the only limitation is that legislation to give effect to
repugnancy.
powers of the Union Government to enter into treaties with other States or
constitution.
of the powers under the Constitution of India. This concept has been
borrowed from the American constitution. The scope of the treaty power
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3
was considered by the Supreme Court of the United States.
The United States and the United Kingdom entered into a treaty in
1916 for the protection of migratory bird, which in their annual migrations
traversed certain parts of the United States and Canada. Pursuant to this
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treaty to give effect to its provisions the Migratory Birds Treaty Act of
1918 was passed in the United States. It prohibited the killing, capturing or
selling of any migratory birds including in the terms of the treaty. Therefore
of the certified copy the Central Government circulate the same to all the
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Human Rights
class having a direct bearing on the cause of social justice and ever lasting
Labour Organisation.
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This Convention provides that workers and employers shall have the
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France. Federal Republic of Germany and India have not ratified this
particular convention.
in public interest can forego any association or trade union and detain or
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4
arrest a trade union leader under the Essential Services Act, 1967 , the
5
1971 Likewise the Code of discipline in industry, although non-legal and
while guaranteeing freedom in public interest and public good. These laws
convention.
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1949
full freedom without fear of dismissed. It calls upon the member states to
create conditions and institutions for promoting land ensuring the right to
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the growth of collective bargaining in India and the government using trade
state government to impose compulsory for public purposes like flood and
said convention.
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the women workers was prevalent in almost all parts of the world.
th th
Convention No. 100 in its 34 session held at Geneva on 6 June, 1951.
7Ahmendulla Khan’s “commentary on the international labour organisation and the Indian
response”, 2005, p..68.
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subject to its economic power, to realize the goals set out in Part IV of the
system of labour laws has spawned, which needs to be set right. Labour
labour and its employment. The beginning of labour laws in India can be
traced back to the Fatal Accident Act, 1855, Factories Act, Mines Act,
labour laws, the Workmen's Compensation Act, 1923 is the oldest one.
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Some of the other significant labour legislations are the Trade Unions Act,
1926, the Payment of Wages Act, 1936, the Industrial Disputes Act, 1947,
The Minimum Wages Act, 1948, The Factories Act, 1948, The Employees
Miscellaneous Provisions Act, 1952, The Payment of Bonus Act, 1965 and
the Payment of Gratuity Act, 1972. Job security to labour, and checking
side of the coin provisions have also been made to curb unfair labour
8
and to harmonise the labour management relations.
its inception in the year 1919 and so far it has ratified 39 conventions, out
categorization.
8 Subrahmaya Swamy, “Indian labour standards and the WTO frame work 2000, p.44
157
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L. Final Articles
36. Convention No.80 Final Articles Revision, 1947 17.11.1947
37. Convention No.116 Final Articles Revision, 1961 21.06.1962
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and study reports and publications of the organisation have also been
Hours of Work:
adopted in the first session of the International labour conference limits the
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capacity. The limits of hours of work may be exceeded in certain cases, for
and so on. It contains special provisions for countries where the 48 hours
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include :
Factories Act, 1948, Mines Act, 1952, Beedi and Cigar workers
Transport) No. 67, 1939 and No. 153, 1979 and Night work (Road
respect to road transport. Although India has not ratified them, many of
Act, 1961, Conventions concerning hours of work such as No. 30, 130 and
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Weekly Rest:
The Weekly Rest (Industry) Convention (No. 14), 1921 was ratified
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the protective labour laws in the country such as Factories Act, 1948, Mines
Act, 1952, Plantation Labour Act, 1951, Child Labour (Prohibition and
1970 and even Shops and Establishments Acts contain provisions under this
Protection of wages :
the same year, contains detailed rules relating to deductions from wages,
Although India has not ratified the convention, its provisions have
been contained in the Payment of Wages Act, 1936, Minimum Wages Act,
1948, Shops and Establishments Acts, and a few other protective labour
laws.
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Labour Administration :
India has ratified the labour inspection convention No. (81), 1947.
wages, minimum wages, child labour, maternity benefit and others contain
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Industrial Relations :
included in the Trade Union Act, 1926. The contents of the Convention
(No.144), 1976 have been given effect to by the provisions of labour laws
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labour legislation, directly and indirectly. In fact, the blue print of our
39, 41, 42,43, 43A) which lay down policy objectives in the field of labour.
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1966 drawn up by the United Nations, one on economic, social and cultural
There has been a natural trend, at the national level towards greater
focus on Human Rights. Under the influence of such factors as the new
human betterment.
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There are other no less powerful influences which have made the
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question of human rights a topical issue throughout the world. Among them
to sustain progress and that common welfare and universal prosperity are
The important and main functions of the I.L.O are the following to
conditions, and
9 K. Krishna Murthy, “Labour management relations under globalization” “Law and policy
perspective”, 2009, p.63.
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th
The International labour Conference in celebrating 10 Anniversary
I.L.O with the United Nations in the promotion of universal respect for and
12
dignity and worth of human person.
th
In the resolution that I.L.O adopted on the subject at its 50 session
ways emphasizing the protection of Human Rights and fulfilling the objects
of the I.L.O.
between the I.L.O and United Nations in the matters pertaining to the
human rights and appealed the member states to ratify and fully implement
the conventions relating to human rights. The year 1968 was celebrated as
the International year of Human Rights, during which the workers and
Rights.
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Labour Office to take some important actions relating to the human rights
for example; “to promote the observance of the Fundamental Human Rights
in all member states, to review and assess the role, objectives and activities
rights.
association, 2 related to the forced labour and one each deals with the equal
which are not ratified by India are one relates to freedom of association,
one relates to the abolition of forced labour and the other right to organize
collective bargaining.
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problems is two fold. Firstly, the I.L.O was an important source for the
the workers and so on. Most of these legal instruments regulate rights and
has always been positive. The ILO instruments have provided guidelines
that extent the influence of ILO Conventions as a standard for reference for
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binding obligations on the country concerned and, therefore, India has been
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that we ratify a Convention when we are fully satisfied that our laws and
ratified 39 Conventions of the ILO, which is much better than the position
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