Presente

d
By: Kesha
v
Basotia

What is Labour Laws ???

Labour Law is the Body of Laws,
Administrative Rulings and Precedents
which addresses the relationship between
Employers,
Employees
and
Labour
Organizations. It deals with the issues of
Public Law
Labour Laws harmonize many angles of the
relationship
between
Trade
Unions,
Employers and Employees.
The Final Goal of Labour Laws is to mitigate
the difference between Employers and
Employees.

Origin of Labour Laws in

India
It emerged when the employers tried to restrict the
powers of worker organizations and keep the
labour costs low. The demand to better work
conditions and the right to organize and increase
the standard of living by the workers created a
chaos in the country. In order to put an end to this
chaos, the Government enacted many Labour Laws in
the Country.
The Factories Act was introduced in 1883 due to the
pressure brought on the British Parliament by the
textile moguls of Manchester and Lancashire. It was
then that we received the stipulations of 8 hours of
work, abolition of child labour, Restriction of Women in
Night Employment, and the introduction of Overtime
Wages for work beyond 8 hours.

Labour Policy in India

Labour Policy in India has been
evolving in response to the specific
needs of the situation to suit the
requirements of planned Economic
Development and Social justice,
which has two-fold objectives:
Labour Policies are devised to
maintain Economic Development,
Social Justice, Industrial Harmony
Welfare

of

the

Labour

in

the

Ministry of Labour and

Employment
It is one of the oldest and important
ministries of the Central Government of
India.
Main responsibility is to protect and
safeguard the interest of workers (in
general) and those who constitute the poor,
deprived and disadvantaged sections of the
society (in particular).
To create healthy work environment for
higher production and productivity, develop
and coordinate vocational skill training and
employment services.
Also focuses on promotion of welfare and

ACTS and RULES

The process of applying labour laws in
India is such that the Central Government
makes and amends laws relating to labour
issues in India and the State Governments
apply and implement these laws for the
knowledge and development of the Labour
in Rural and Urban parts of the country.

Continue
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ACTS and RULES

The Central Government has divided
the Labour Laws into the following
different sectors:
1.Industrial Relations
2.Industrial Safety and Health
3.Child and Women Labour
4.Social Security
5.Wages
6.Labour Welfare
7.Employment

INDUSTRIAL RELATIONS
Important Acts under this sector are:
1. The Trade Unions Act, 1926; The
Trade Unions (Amendments) Act,
2001.
2. The Industrial Disputes Act, 1947.
3. The Plantation Labour Act, 1951.

The Trade Unions Act,

1926
Statement of Objective:To provide for the
registration of Trade Unions and in certain
respects to define the law relating to registered
Trade Unions.
Date of Assent:25th March, 1926
Effective Date:1st June,1927
Whether Act is effective in Full or
Partial:Trade Union (Amendment)Act 2001
List of Amending Acts:
FINANCE ACT, 1965
TRADE UNIONS (AMENDMENT) ACT, 2001

The Industrial Disputes

Act, 1947

Date of Assent:17th March, 1947

Effective Date:1st April, 1947
Whether Act is effective in Full or Partial:All provisions of the
Act are effective.
List of Amending Acts:
INDUSTRIAL DISPUTES (BANKING AND INSURANCE COMPANIES)
ACT, 1949
INDUSTRIAL DISPUTES (AMENDMENT AND TEMPORARY
PROVISIONS) ACT, 1951
INDUSTRIAL DISPUTES (AMENDMENT) ACT, 1953
INDUSTRIAL DISPUTES (AMENDMENT) ACT, 1954
INDUSTRIAL DISPUTES (BANKING COMPANIES) DECISION ACT,
1955
INDUSTRIAL DISPUTES (AMENDMENT AND MISCELLANEOUS
PROVISIONS) ACT, 1956
INDUSTRIAL DISPUTES (AMENDMENT) ACT, 1972
INDUSTRIAL DISPUTES (AMENDMENT) ACT, 1982
INDUSTRIAL DISPUTES (AMENDMENT) ACT, 1996

INDUSTRIAL SAFETY AND

HEALTH
Important Acts under this sector are:
1. The Factories Act, 1948
2. The Mines Act, 1952
3. The Dock Workers (Safety, Health &
Welfare) Act, 1986

The Factories Act, 1948

Whether Act in existence currently superseded
any prior legislation? :No, this act does not
supersede any prior legislation as it was the first act
passed by the Government of India to consolidate
and amend the law regulating labour in factories
Date of Assent:23rd September, 1948
Effective Date:1st April, 1949.
Whether Act is effective in Full or Partial:All
provisions of the Act are effective.
Whether any proposed amendment pending in
the Parliament? :The Factories (Amendment) Bill,
2005 Lapsed, Factories (Amendment) Bill, 2014

The Mines Act, 1952

Date of Assent: 1st July, 1952
Effective Date: Different dates but not later than 31 st December, 1953
Statement of Objective: Regulating the health and safety of
labourers working in the mines.
Important Sections:
Section 2 (j) Definition of Mine
Section 5 Appointment of Chief Inspector for regulation of mining in
territories
Section 11 Appointment of Certifying Surgeon for examination of
labourers working in the mine
Section 19 Facility of safe drinking water and First Aid during
working hours; conveyance for hospitals in cases of emergency;
number of first aid boxes to be such as prescribed by the Central
Government
List of Amendments:
The Mines Amendment Act, 1959
The Mines Amendment Act, 1983
Whether any proposed amendment pending in the parliament? :
The Mines (Amendment) Bill, 2011

CHILD AND WOMEN

LABOUR
Important Acts under this sector are:
1. The Child Labour (Prohibition and
Regulation) Act, 1986
2. The Equal Remuneration Act, 1976

The Child Labour (Prohibition

and Regulation) Act, 1986
Statement of Objective:To prohibit the
engagement of children in certain employments
and to regulate the conditions of work of children
in certain other employments.
Date of Assent:23rd December, 1986
Whether Act is effective in Full or
Partial:Amended by the , The Child Labour
(Prohibition and Regulation) Amendment Bill,
2012
Whether any proposed amendment pending
in the Parliament? :Child Labour (Prohibition
and Regulation) Amendment Bill, 2012

The Equal Remuneration

Act, 1976
Whether Act in existence currently
superseded any prior legislation? :Equal
Remuneration Ordinance, 1975
Date of Assent:11th February, 1976
Effective Date:11th February, 1976
Whether Act is effective in Full or
Partial:All provisions of the Act are effective.
Whether any proposed amendment
pending in the Parliament? :No

SOCIAL SECURITY
Important Acts under this sector are:
1. The Employees Compensation Act, 1923
2. The Payment of Gratuity Act, 1972
3. Employees Liability Act, 1938
4. The Maternity Benefit Act, 1961
5. The

Employees

Provident

Fund

Miscellaneous Provisions Act, 1952

and

The Employees Compensation

Act, 1923
Whether Act in existence currently superseded any
prior legislation?: No, this act does not supersede any
prior legislation as it was the first act passed by the
Government of India to provide for the payment by
certain classes of employers to their workmen of
compensation for injury by accident.
Date of Assent:5th March, 1923
Effective Date:1st July, 1924
Whether Act is effective in Full or Partial:All
provisions of the Act are effective.
List of Amending Acts:
WORKMEN'S COMPENSATION (AMENDMENT) ACT 2009
Whether any proposed amendment pending in the
Parliament?
:The
Workmen's
Compensation

The Payment of Gratuity

Act, 1972
Statement of Objective:To provide for a scheme for the
payment of gratuity to employees.
Whether Act in existence currently superseded any prior
legislation? :The Payment Of Gratuity
Date of Assent:21st August, 1972
Effective Date:16th September, 1972
Whether Act is effective in Full or Partial:Full
List of Amending Acts:
PAYMENT OF GRATUITY (AMENDMENT) ACT, 1987
PAYMENT OF GRATUITY (AMENDMENT) ACT, 1994
PAYMENT OF GRATUITY (AMENDMENT) ACT, 2009
PAYMENT OF GRATUITY (AMENDMENT) ACT, 2010
Whether any proposed amendment pending in the
Parliament? :No

The Maternity Benefit

Act, 1961
Statement of Objective:To regulate the employment of women in certain
establishments for certain period before and after child-birth and to provide
for maternity benefit.
Whether Act in existence currently superseded any prior
legislation? :The Maternity Benefit Bill
Date of Assent:12th December, 1961
Effective Date:1st November, 1963
Whether Act is effective in Full or Partial:Sec. 30 is repealed ,
amended sec. 1,8 by the Maternity Benefit ( Amendment) Act, 2008
List of Amending Acts:
MATERNITY BENEFIT (AMENDMENT) ACT, 1972
MATERNITY BENEFIT (AMENDMENT) ACT, 1976
MATERNITY BENEFIT (AMENDMENT) ACT, 1988
MATERNITY BENEFIT (AMENDMENT) ACT, 1995
MATERNITY BENEFIT (AMENDMENT) ACT 2008
Whether any proposed amendment pending in the Parliament? :No

The Employees Provident Fund and

Miscellaneous Provisions Act, 1952
Whether Act in existence currently superseded any prior
legislation? :No, this act does not supersede any prior legislation as it
was the first act passed by the Government of India to provide for the
institution of provident funds for employees in factories and other
establishments.
Date of Assent:4th March, 1952
Effective Date:4th March, 1952
Whether Act is effective in Full or Partial:All provisions of the Act
are effective.
List of Amending Acts:
EMPLOYEES' PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS
(AMENDMENT) ACT, 1988
EMPLOYEES' PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS
(AMENDMENT) ACT, 1996
Whether
any
proposed
amendment
pending
in
the
Parliament? :The Employees' Provident Fund and Miscellaneous
Provisions (Amendment) Bill,2003

WAGES
Important Acts under this sector are:
1. The Payment of Wages Act, 1936;
The

Payment

of

Wages

(Amendment) Act, 2005

2. The Minimum Wages Act, 1948

The Payment of Wages

Act,
1936
Effective Date: 23 April, 1936
rd

Statement of Objectives: to regulate the payment of wages to

classes of employed person in the provided establishment against
the unauthorized deductions made by the employer.
Important Sections:
Section 3 Responsibility of Employer for payment of wages;
Section 5, 6 Rules regarding time of payment of wages;
Section 8 Rules regarding Fine on employed persons;
Section 20 Penalties for Offences under the Act;
Case Law: Arvind Mills Ud V. K. R. Gadgil (1940) 42 BOM
LR 955 - it observed that Act been a beneficial one to the
employee and it laid to protect the employed persons as they
must paid the wages in a particular form and at regular intervals
without any form of any unauthorized deductions.
List of Amendments:
Payment of Wages (Amendment) Act,
1937,1957,1964,1976,1977,1982,2005,2012

The Minimum Wages Act,

1948
Statement of Objective:To provide for fixing minimum rates of
wages in certain employments.
Whether Act in existence currently superseded any prior
legislation?: The Minimum Wages Bill
Date of Assent:15th March, 1948
Whether Act is effective in Full or Partial:Full
Whether any proposed amendment pending in the
Parliament? :No
Important Sections:
Section 3 Fixing of Minimum Rate of Wage
Section 11 Kinds of wages.
Section 13-14 Working hours & Overtime
Section 22 Penalties/Punishment for Offences
Recent Case Law: Sonu V. Municipal Corporation of Delhi
(2005) LLR 778 Del HC it was held that Minimum Wages to
safai karamcharis cannot be denied on the ground that they work
on part0time basis.

LABOUR WELFARE
Important Acts under this sector are:
1. The Mica Mines Labour Welfare Fund
Act, 1946
2. The Contract Labour (Regulation and
Abolition) Act, 1970
3. The Bonded Labour System (Abolition)
Act, 1976
4. The
Unorganized
Workers
Social
Security Act, 2008

The Mica Mines Labour Welfare

Fund Act, 1946
Statement of Objective:To constitute a fund
for the financing of activities to promote the
welfare of labour employed in the mica mining
industry.
Date of Assent:23rd April, 1946
Whether Act is effective in Full or
Partial:Amended by the MICA MINES LABOUR
WELFARE FUND (AMENDMENT) ACT, 1980
Whether
any
proposed
amendment
pending in the Parliament? :No

The Bonded Labour System

(Abolition) Act, 1976
Statement of Objective:The system
implies the infringement of the basic
human rights and destruction of the
dignity of human labour.
Whether Act in existence currently
superseded
any
prior
legislation? :Bonded Labour System
Abolition Act, 1976
Date of Assent:9th February, 1976
Effective Date:9th February, 1976
Whether Act is effective in Full or

The Unorganized Workers Social

Security Act, 2008
Statement of Objective:To provide for the
social security and welfare of unorganized
workers.
Whether
Act
in
existence
currently
superseded any prior legislation? :The
Unorganized Workers social Security Bill
Date of Assent:30th December, 2008
Effective Date:16th May, 2009
Whether Act is effective in Full or Partial:Full
Whether any proposed amendment pending
in the Parliament? :No

EMPLOYMENT and
TRAINING
Important Acts under this sector are:
1. The Employment Exchanges (Compulsory

Notification of Vacancies) Act, 1959

2. The Employment Exchanges (Compulsory

Notification of Vacancies) Rule, 1960

The Employment Exchanges

(Compulsory Notification of
Vacancies) Act, 1959

Statement of Objective:To help unemployed

persons (skilled, un-skilled and semi-skilled) to seek
suitable employment.
Whether Act in existence currently superseded
any prior legislation? :No, this act does not
supersede any prior legislation as it was the first act
passed by the Government of India to provide for the
compulsory notification of vacancies to employment
exchanges.
Date of Assent:2nd September, 1959
Effective Date:1st May 1960
Whether Act is effective in Full or Partial:All
provisions of the Act are effective.
Whether any proposed amendment pending in

Department of Labour
Government of
Maharashtra
The Department of Labour is responsible for
formulation,
implementation
and
enforcement of the labour laws in the
Maharashtra state. It also undertakes
prevention and settlement of industrial
disputes, Industrial safety, Health and
promotes welfare of workers in the
undertakings falling within the sphere of the
State.
The headquarters of the department are
located at Mantralaya, Mumbai and is
headed by the Hon. Minister of Labour
Shri Prakash Mehta.

Objectives

Planning and implementation of various labor laws, rules and schemes

through following Commissionarates ,Directorates and Courts.
Labour Commissionarates including Mathadi and Security Guards
Boards,
Development Commissioner for the unorganized sector workers,
Directorates of Industrial Safety and Health
The Directorates of Steam Boiler,
Maharashtra Institute of Labour Studies,
Labours Welfare Board, and
Honorable Industrial and Labor courts
Observe healthy Industrial relations for maintaining Industrial peace,
also execute welfare schemes for workers.
Amendments in labour laws and labour policies of the service sector
and the industrial sector in the state in the interest of workers and
their welfare for long terms.
90% of the total workers are in the unorganized sector, workers like
domestic workers, building and other construction workers, garbage
and solid waste workers, agricultural laborers, shall be include under
unorganized sector, to make various strategies and schemes for

Functions
Making Policies for welfare of organized and
unorganized worker
Controlling and monitoring the functions of
Commissionarates and Directorates
Appointing and transferring officers and
staff of Commissionarates and Directorates
in the public interest
Making new enactment and amendments
for
betterment
of
organized
and
unorganized worker

Acts and Rules

All laws made by the Central
Government
whose
applicability
extends to the whole of India are
implemented
by
the
State
Government with regard to certain
State needs and conditions.
The State Government (Maharashtra)
has also made certain laws for the
benefit of the local citizens.

Bombay Industrial Relations

Act, 1946
This Act applies to certain specified industries like
textiles, co-operation banking, sugar, power
generation in Mumbai, BEST, etc.
There are provisions for registration of unions as a
representative union which is the sole
bargaining agent of employees under this Act for
the particular industry in specified local area.

Statutory machinery is also provided to resolve

industrial disputes through negotiations with
the sole bargaining agent, conciliation or
voluntary or compulsory arbitration by Labour
Courts, Industrial Courts or Wages Boards.

The Maharashtra Shops and

Establishments Act, 1948
For the interest and to regulate the working
condition of the employees engaged in Shops,
Commercial Establishments, Hotel, Theatres
and other Establishments, this Act came into
the force on 11th January 1948.
It restricts timing of opening and closing hours
of Shops and Commercial Establishments.
It keeps control on daily and weekly hours of
work, rest intervals and spread over.
It provide overtime wages, paid holiday and
Leave with wages to employees.
It also provides Health and Safety.

Maharashtra Workmen's Minimum

House Rent Allowance Act, 1983
Maharashtra Government has issued a notification
on 26th December 1990 whereby the provisions of
Maharashtra Worker mens Minimum House Rent
Allowance Act 1913 have been made applicable to
all the establishments who are engaging 50 or
more than 50 employees in the State.
The Act provides for Payment of Minimum House
Rent Allowance to industrial workers in the State at
the rate of 20 or 5 per cent of the total wages.
The Act is applicable to factories / establishments
employing 50 or more workmen.

The provisions of this Act, are made effective

from 21st January 1991.

Maharashtra Mathadi Hamal and

other Manual Workers (Regulation
of Employment and Welfare) Act,
1969

Mathadi means a person carrying a load of

material either on his Head (Matha) or on his back
to stack at the appropriate place. These
operations include loading unloading stacking,
carrying, weighing, measuring or such other
works including work preparatory or incidental to
such operations.
As the Head Load Hamal or Mathdi were not
getting proper wages and other service conditions
for their work. They were humiliated by the
employers. These Mathadi workers were united by
Anna Saheb Patil and other Worker
Leaders of
Continued
various markets in mumbai in the year 1966.


After long struggle and considering the report
submitted by committee, Government of Maharashtra
made a special enactment for these Mathadi Workers
which is now known asMaharashtra Mathadi
Hamal and other Manual Workers (Regulation
of Employment and Welfare) Act, 1969.
Various Schemes were framed under this Act for
various markets such as Grocery, Metal, Paper, Iron &
Steel, Cotton, Cloth, Vegetables, Transport & Railway,
and Clearing & Forwarding Board etc.
After this enactment, Mathadi workers started getting
monthly wages from the board every month along
with social security like PF, Gratuity, Medical Benefits,
Bonus, leave wages etc., and their standard of living
has increased.

The Maharashtra Domestic

Workers Welfare Board Act, 2008
Objects:
To provide for the constitution of the Board for
providing welfare of domestic workers in the
State of Maharashtra and to create funds for
granting various financial benefits & for matters
connected therewith or incidental therewith.
Benefits to the beneficiary:
Immediate assistance to a beneficiary in case
of accident,
Financial assistance for the education of the
children of the beneficiary.

Continue

The Maharashtra Domestic

Workers Welfare Board Act, 2008
Medical expenses for treatment of
ailments of a beneficiary or his dependent
Maternity
benefit
to
the
women
beneficiaries (shall be restriction in case of
two children only)
Payment of funeral expenses to the legal
heir on the death of the beneficiary
Such other benefit as may be decided by
the Board, from time to time.

Minimum Wages Act,

1948
The main objective of this Act, is fixing a minimum
rate of wages in number of industries where the
labours are not organized and sweated labours are
most dominant. The Act aims at preventing the
exploitation of workers or labours in some
industries, for which, the appropriate Government is
empowered to take steps to prescribe minimum
rates of wages in certain employment.
The Minimum Wages Fixing Machinery convention
was held at Geneva in the year 1928 by ILO with
reference to remuneration of workers in those
industries where the, level of wages was

Minimum Wages Act,

1948
This Act may be called the Minimum
Wages Act 1948. The Act enables the
Central and State Government to fix
minimum rates of wages payable to
employees in selected number of
sweated industries.
The revised minimum wage rates in
the state of Maharashtra can be found
on the following web link:
https://mahakamgar.maharashtra.gov.

References/Bibliography

http://www.slideshare.net/AnshuSingh2/ppt-on-labour-laws-in-india
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http://labour.gov.in/sites/default/files/equal_remuneration_act_1976_1.pdf
http://lawyerslaw.org/the-mines-act-1952/
http://lawyerslaw.org/the-payment-of-wages-act-1936/
http://labour.gov.in/sites/default/files/ThePaymentofWagesAct1936.pdf
http://www.slideshare.net/karanjaymeen/the-minimum-wages-act-1948-2
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