Growth of Lislation in India

  Growth of Lislation in India 

Law is necessary for maintaining peaceful environment for the growth of the industry. Labour legislation in India has developed with the growth of the industry. In the eighteenth century India wasnot only a great agricultural country but a great manufacturing country too. Asian and Europeanmarkets were mainly fed by the looms supplied by India ,but the British Government in India as a mater of policy discouraged the Indian manufacturers in order to encourage the rising manufacturers of England. Their policy was to make India subservient to the industries of Great Britain and to make Indian people grow only raw materials. The British oppression in India continued for a considerable ime which led to the growth of Indian nationalism and to a vigorous renaissance. Nationalism has an obvious economic aspect with in our country which was reflected in the urge for economic reforms and for industrialization. In the twentieth century the national movement took a new turn and there was a common demand for the Indian goods. A non –co-operation movement which is known as The Swadeshi movement was started, which urged the people to use goods made in India and to boycott foreign goods. The non-co-operation movement synchronized with periods of economic crisis gave impetus toindustrialization. Not only that , growth of Indian private sector owes much to these popularmovements. No doubt, the Indian Economist, drew their inspiration from British classical Economists but they outgrew those ideas. Like British Economists, Indian Economists not only advocated that the trade and commerce should be free but they laid emphasis on the free trade of local goods. An attempt was made to put forward a theory of economic development and planning suited to conditions of our country. After thirties, the planning was accepted by the national movement as the economic ideology. Thus, planned industrialization became our main goal. In India, the plantation industry in Assam was the first to attract legislative control. The method of recruitment of workers in this industry was full of hardships. Workers were employed throughprofessional recruiters. Workers were not allowed by the planters to leave the tea gardens. A number of Acts were passed from 1863 onwards to regulate the recruitments. These legislations protected the interests of the employers more than safeguarding the interests of the workers. The Factories Act was passed in 1934 and the Mines Act in 1923. The Workmen's Compensation Act 1923 was passed to protect the interest of the workers. The following Acts have been enacted to promote the conditions of labour and regulate the relation between employer and employee keeping in view the development of industry and national economy:-

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The Apprentices Act, 1961

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The Bonded Labour System (Abolition) Act, 1976

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The Child Labour (Prohibition & Regulation) Act, 1986

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The Children (Pledging of Labour) Act, 1933

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The Contract Labour (Regulation & Abolition) Act, 1970

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The Employees Provident Funds and Misc. Provisions Act,1952

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The Employees State Insurance Act, 1948

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The Employers Liability Act, 1938

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The Employment Exchange (Compulsory Notification of Vacancies) Act, 1959

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The Equal Remuneration Act, 1976

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The Factories Act, 1948

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The Industrial Disputes Act

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The Industrial Employment (Standing Orders) Act,1946

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The Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act,1979

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The Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by CertainEstablishments) Act, 1988

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The Maternity Benefit Act, 1961

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The Minimum Wages Act, 1948

The Payment of Bonus Act, 1965

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The Mines Act,1952

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The Payment of Gratuity Act, 1972

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The Payment of Wages Act, 1936

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The Sales Promotion Employees (Conditions of Service) Act, 1976

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The Shops and Establishments Act, 1953

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The Trade Union Act, 1926

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The Workmen's Compensation Act, 1923

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The Weekly Holidays Act, 1942Mahatma Gandhi had once said, 'A nation may do without its millionaires and without its capitalists, but a nation can never do without its labour'. In India, a number of labour legislation has been enacted to promote the condition of the labour keeping in view the development of industry and nationaleconomy. But for industrial regeneration it is necessary that the partners of the industry must cure their respective defects. Since independence both legislation and public opinion have done a lot, to better the condition of the workers. At the same time it is the duty of the workers and theirorganizations to improve the work –efficiency and help in securing better production resulting in greater profits. Prosperity of the industry should be shared by the management with workers and the community at large. Workers are the dominant partners in the industrial undertakings and without their co-operation, good work, discipline, integrity and character, the industry will not be able to produce effective results or profits. If the human element refuses to co-operate, the industry will fail to run. Therefore, the profit of the industry must be shared between employers, workers and community; The Government and the factory owner must completely understand the labour psychology and a change in their outlook and attitude is desired to secure the industrial peace. Nothing should be done under threat or coercion but on a clear understanding that whatever is good and is due to the labour must begiven. Industry owners should treat the workers as co-partners. Workers in the country mustunderstand fully that if they desire to secure their due place in the industrial world they must thinkmore in terms of responsibilities and duties. Sabotage and violence of all kinds , bitterness in thought,word and deed must be eschewed. An improvement in labor regulations will provide an opportunity toaccelerate manufacturing growth and development of nation.

Manpower, employment policy and labour welfare in India: post-independencedevelopments:

1. Manpower: trends and magnitude.

2. Employment policies and  programmes.

3. Labour welfare: legal framework and initiatives.

4. Women workers: legislations and empowerment.

5. Industrial relations and labour laws.

 6. Restructuring of labour laws: the great debate.

7.Labour laws and welfare: India and ILO.

8. Labour reforms: India and WTO.

1. Second National Commission on Labour: approach to review of labour laws. 2.Second National Commission on Labour: social security--a vision. 3. Dimensions of economic reforms in India. Bibliography.

"During the pre-independence period, industrial relations policy of the British Government was one of 

laissez faire

and also of selective intervention. There were hardly any labour welfare schemes. After independence, labour legislations have formed the basis for industrial relations and social security. These legislations have also provided machinery for bipartite and tripartite consultations for settlement of disputes. Soon after independence, the government at a tripartite conference in December 1947 adopted the industrial truce resolution. Several legislations, including the following, were enacted to maintain industrial peace and harmony: Factories Act, 1948, Employees State Insurance Act,1948 and Minimum Wages Act, 1948. The payment of bonus act was passed in 1965.In the early 1990s, the process of economic reforms was set in motion when the government introduced a series of measures to reduce control on industries, particularly large industries. Theworkers have opposed economic liberalisation policy for fear of unemployment whileentrepreneurs have welcomed it in the hope of new opportunities to improve Indian industries .The new economic policy has directly affected industrial relations in the country, because the government has to play a dual role, one of protecting the interest of the workers, and second to allow a free interplay of the market forces. Economic reforms, by removing barriers to entry,have created competitive markets. Fiscal stabilisation has resulted in drastic reduction in budgetary support to the public sector commercial enterprises while exposing these enterprises to increased competition from private sector."This book examines the whole gamut of labour related issues during the post-independence period. The approach to the subject is mainly descriptive, interspersed by comments at places. The book is organised into three parts. Part I provides a comprehensive introduction to various acets of Indian labour since 1947. It describes demographic trends, employment policies and strategies, constitutional provisions, legal framework, and institutions pertaining to labour and its welfare, current labour policy issues, labour laws pertaining to women and their empowerment and approaches of WTO and India on matters related to labour. Part II contains glimpses of India's Five Year Plans from First Five Year Plan (1951-56) to Tenth Five year Plan (2002-07).Part III comprises edited extracts from India's Five year Plans on matters related to manpower, employment and labour welfare. Besides, there are three appendices which provide relevant material on the subject." (jacket)

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Compulsory arbitration of disputes between the       Government employees and the Government on pay and allowances, weekly hours of work and leave of a class or grade of employees.

In-house mechanism have been set up in the ministry and its attached and subordinate offices for effective redressal of grievances received from the public, its own employees as well as other Departments:

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A Complaint Committee on “Sexual Harassment of Women atworkplace” has been constituted to deal with the complaints of sexual harassment.

A grievances cell under Joint Secretary (Administration) has been set up in the Main Ministry.