Constitution and Labour Welfare

Dr. Adarsh .M.N

Assistant Professor
CBR National College of Law
Shivamogga
Introduction:
 To be called civilized, a society has to concede to its
working class the right to live with dignity and security
as human beings.
 The aspiration of the working class finds expressions,
at national level, in the Constitution of the nation.
 Constitution is a document of social revolution
casting an obligation on every instrumentality including
the judiciary to transform the status quo ante into a new
human order in which justice, social, economic and
political will inform all institutions of national life and
there should be equality of status and opportunity to all.
 The trinity of Indian Constitution, the Preamble, the
Fundamental Rights and the Directive Principles of
State Policy, embody the fundamental principles,
which provide guide to all legislations, including the
labour legislations. This constitutional trinity assures
its citizens to provide "Socialistic Pattern of Society"
and create "Welfare State" and all legislations,
specially the Labour legislations, are deeply influenced
by them.
Preamble and Labour welfare:
 The Preamble to our Constitution serves two purposes.

 It indicates the source from which it derives its authority.

 It starts the objectives which it seeks to establish and promote.

The preamble states to secure to all its citizens:

 Justice, Social, Economic and Political
 Liberty of thought, expression, belief, faith and worship
 Equality of status and of opportunity
 Fraternity, assuring the dignity of the individual and unity and
integrity of nation
These principles run through our labour legislations
like invisible golden threads and provide them strength
and stamina to meet the aspirations of working classes;
whether it is protective legislations, social security
legislations, welfare legislations or even industrial
relations legislations, they all heavily lean towards
working classes due to the philosophy provided in the
preamble.
Fundamental Rights and Labour Welfare
Article 12: A liberal interpretation is made of the
words "other authorities" so as to include any
instrumentality or agency of the Government whether
an individual or a corporation like Life Insurance
Corporation (Som Prakash Rakhi vs. Union of
India-SC 1981) or society like the Indian Statistical
Institute registered under the Societies Registration
Act, 1960,or a company like Steel Authority of India.
All have to fulfill the tests laid down by the court in
their dealings with their employees (Ajay Hasia
vs.Kahlid Mujid-SC 1981).
Article 14: dealing with the right to equality and equal
protection of law is subject to reasonable classification
as absolute equality is impossibility.
 In Charanjit Lal Choudhary vs. Union of India-
SC 1951, it is observed "The guarantee... forbids class
Legislation but does not forbid classification which
rests upon reasonable grounds of distinction".
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
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 to be valid, the classification must be
operational and not arbitrary. (Chandra Boarding vs.
State of Mysore-SC. 1970).
Article 16 (1) and (2) of the Constitution
guarantees equality of opportunity to all the
citizens in matter of appointment to any office or
any other employment under the State. Clauses (3),
(4) &(5) lay down, by way exceptions, reasonable
classification and provisions for backwards and for
religious institutions.
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 that "no person shall be deprived
of his life or personal liberty except according to
procedures established by law".
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 Govt. is bound to ensure observance of social
welfare and labour laws enacted to secure for
workmen a life compatible with human dignity.
Article 23 and 24 guarantee the right against
exploitation. Clause(1) of Article 23, prohibits traffic
in human beings; and any form of forced labour and
makes them punishable offence.
Article 23 and 24 guarantee the right against exploitation.
Clause(1) of Article 23, prohibits traffic in human beings;
and any form of forced labour and makes them
punishable offence.
In People's Union for Democratic Rights vs. Union of
India Sc. 1983, it was held that labour or services for a
remuneration less than a minimum wages amounts to
"forced labour".
In this case, a letter written to Justice Bhagwati regarding
the working conditions of construction workers engaged
in building structures connected with Asian Games was
entertained as Writ Petition, setting aside the
technicalities of locus - standi and other procedures.
The court held that when judicial redressal is
sought for legal injury suffered by a person or
persons who by reason of poverty, disability or
socially or economically disadvantaged position
are unable to approach the court and the attention
of the court is drawn to such legal injury by a
member of public, even by a letter, the same will be
entertained by the court as a writ petition to bring
justice within the reach of the poor masses.
In Bandhua Mukti Morcha vs. Union of India (SC
1984) S.C. held that Government was bound to ensure
observance of social welfare and labour laws enacted
to secure to workmen a life of basic human dignity.
Neerja Choudhary vs. State of MP SC - 1984, held
that wherever it is found that any workman is forced to
provide labour for no remuneration or nominal
remuneration, the presumption would be that he is a
bonded labour, unless the employer or the state
government proves otherwise.
Similarly, the Court said that the plainest requirement
of Article 21 and 23 is that bonded labour not only be
identified and redressed but also suitably rehabilitated.
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. It is the remedy which makes the right real.
In view of this, the S.C. has evolved the innovative strategy
by encouraging Public Interest Litigation aimed at providing
easy access to justice to the poor and weaker sections of
Indian Society (generally labourers) and giving a powerful
tool to public spirited individuals and social action groups to
combat exploitation and injustice.
DPSP and Labour Welfare:
Articles 36 to 51 form Part IV of the Constitution and
they deal with the goal of economic democracy the
socio-political content of political freedom and the
concept of Welfare State.
the Directives which are the backbone of labour
jurisprudence, may be examined as follows.
Article 38 - (a) directs the state to promote welfare of
the people by securing and protecting a social order in
which justice social, economic and political, shall
inform all the institutions of national life.
(b) directs that State shall, in particular, strive to minimise
inequality in income and Endeavour to eliminate inequality
in status, facilities and opportunities amongst individuals as
well as groups of people in different areas and vocations.
Article 39- declares that the state shall in particular, direct
its policy towards securing
a. that citizens, men and women equally, have the right to an
adequate means of livelihood.
b. that the ownership and the control of the material
resources of the community are so distributed as to best
sub serve the common good.
c. that the operation of the economic system does not result
in concentration of wealth and means of production to the
common detriment.
d. that there is equal pay for equal work for both men
and women.
e. the health and strength of the workers, men and
women and the tender age of the children not abused
and that the citizens are not forced by economic
necessity to enter the avocations unsuited to their
health and strength.
f. the children are given opportunities and facilities to
develop in a healthy manner and in condition of
freedom and dignity and are protected against
exploitation against moral and material
abandonment.
Article 41 - directs that the State shall within the limit
of its economic capacity and development make
effective provision for securing right to work, to
education, and to public assistance in case of
unemployment old age, sickness and disablement and
in other cases of undeserved want.

Article 42 - directs the state to make provision for

securing just and humane conditions of work and for
maternity relief.
Article 43 - directs that the state shall endeavour to
secure, by suitable legislation or economic organisation
or in any other way to all workers, agricultural, industrial
or other living wage, conditions of work ensuring a
decent. standard of life and full enjoyment of leisure and
social and cultural opportunities and, in particular, the
state shall endeavour to promote cottage industries on an
individual or cooperative basis in rural areas.
Article 43A - inserted in Constitution (42nd Amendment)
directs that the state shall take steps, by suitable
legislations, or in any other way, to secure the
participation of workers in management of undertakings,
establishments or other organisations engaged in any
industry.
Conclusion:
The Constitution of India has gone out of way to protect
rights and privileges of workers, ensuring a decent and
dignified life. But a lot is required to be done for the
workers of unorganised sector - bonded labour, child
labour, female labour, labourers of sweated industry and
agricultural labour.
The Constitution has the inherent potency, but its
instrumentalities have not come-up to the expectation and
have failed the Constitution. Therefore, even after seven
decades of independence, labourers in these areas are
exploited, despite best intentions of the Constitution. Much
is required to be done.