Role of Central Government in implementing Labour Laws

Saptaswara Chakraborty| North Eastern Hill University| 6th June 2020 

Introduction

A country’s development and its economy are driven by the workmen, which constitutes a significant portion of society. The growth of Labour law across the globe can be found after the establishment of the International Labour Organisation in the year 1919, which has also resulted in the development of the labour laws in India. One of the earliest establishments of the labour/industrial law can be found during the period of the British colonialism, which was passed for the vested interests of British employers. This however changed when the first statute under the Labour law was passed. The Trade Dispute Act, 1929, was passed to regulate the relationship between the employer and the employee.

The labour law also referred to as the employment law is a set of laws that covers a plethora of acts including various administrative rulings, precedents which provide for and address the legal rights of the employees and the restrictions on the employees and the organisations. This has resulted in the long evolving labour laws of India, which aimed at providing a long-standing solution to the problems faced by the labourers. One of the significant responsibility or the role of the Government of a country is to solve the various problems faced by the labourers, and for that, the Government enacts and implement various laws to combat such issues not only for the employers but also for the management. This article shall be dealing with the implementation of the labour laws with a critical focus on the Centre’s role in its implementation and highlighting the various laws passed by the legislature.

Constitutional Provisions of Labour laws

In India, the labour law covers almost all the subjects concerning the well-being of a labour or a person employed. It provides various benefits ranging from the Minimum Wages Act, Workmen Compensation Act, Maternity Benefits Act, to name a few. The dignity of the human labour and its need for protecting and safeguarding the interest of the labour has been enshrined under Article III( 16,19,23& 24) and Article IV(39, 41,42,43& 54) of the Constitution along with the Fundamental Rights and the Directive Principles of the State Policy. Under the Indian Constitution, the word “labour” has been put under the Concurrent list which therefore makes both the Centre and the State competent to enact and implement such legislation. Article 246(4) of the Indian Constitution also empowers both the Centre and the State to make any law on labour. This has resulted in the enactment of laws which has catered the needs of labour under various aspects including their health, employment, safety, payment, regulating the working condition of the workers, etc. The laws classified under as:

• Labour laws enacted by the Central Government, where the central Government has the sole responsibility for the enforcement
• Labour laws enacted by the Central Government and enforced by both the Centre and the State.
• Labour laws enacted by the Central Government and enforced by the State.
• Labour laws enacted by the State.

Centre’s role in implementation of Labour laws

Most of the laws concerning the enactment of the labour laws are done by the Centre. The Ministry of Labour and Employment seeks to protect the interest of the workers and their employers for their growth, in the same way, it also makes the necessary Acts or rulings that the covers the interest of the workers coming from the poor, deprived and the underdeveloped section of the society. In the implementation of the labour laws, the Centre’s role is of prime importance. The labour legislation and the industrial jurisprudence are governed by four fundamental principles which include social equity, social justice, International uniformity and National economy. While implementing the various labour laws, the Centre has the responsibility of knowing and understanding whether the concerned law satisfies the above stated fundamental principles. The Centre, while implementing the labour laws, keeps in mind the following aspects:

• Safety, health and welfare of the labourers
• Security of the labourers
• Specific policies relating to the women and child labour
• Job creation
• Adjudication of various industrial disputes through Tribunals or the Labour Courts
• Education of the workers
• Medical facilities for the workers
• The attraction of more public and private investments.

The various legislation enacted by the Government are:

1. Laws relating to the Industrial Relations
2. Laws relating to wages
3. Laws relating to social security
4. Laws relating to Working Hours, Conditions of Services and Employment
5. Laws relating to Equality and Empowerment of Women
6. Prohibitive Labour Laws
7. Laws relating to Employment and Training

This above-cited legislation passed by the Central Government governs the functioning of the labourers with the primary purpose of providing the maximum benefits to the workers so that their right is not neglected and with an attempt of solving the various problems faced by the labourers. 

Conclusion

The Central Government’s role in the implementation of the labour laws is pivotal. As per the report of the Ministry of the Labour and Employment, the year 2019 saw a 63% decrease in the number of man-days lost due to various disputes between the workers and the Government as compared to the year of 2018. Such an improvement is commendable, and it shows that requirements of the labourers can be achieved only when the labour laws or the employment laws are formulated for the workers and not for the interest of the particular section.

The main aim of this article has been to highlight the role of the Centre in the implementation of the labour law through the lens of the enactment of laws and how such laws are proportional for the well-being of the workers.