INTRODUCTION

 The movement of progressive society has hitherto from Status to Contract

# D.N Banerji V. P.R.Mukherjee, AIR 1953 SC58
 Who is a Labour?
Labour always indicates some kind of 'mental' or 'physical' exertion
undertaken with a motive to earn money.
 Labour through the ages

Historical Perspective on Labour

Module -1
SHRESI SINHA

LABOUR THROUGH THE AGES LABOUR THROUGH THE AGES

 SLAVE LABOUR
 GUILD SYSTEM
o Slavery is defined as the status or condition of a person over whom any
or all of the powers attaching to the right of ownership are exercised. o An association of craftsmen or merchants formed for mutual aid and protection
and for the furtherance of their professional interests
o Slavery is an absolute concept of ownership.
o Guilds flourished in Europe between the 11th and 16th centuries and formed an
o The difference between slavery and forced labour is a wide concept.
important part of the economic and social fabric in that era.
o All types of slavery include forced labour however not all forced labour
o Two types- Merchant and Craft Guilds
includes slavery.
o Guild system in India- Sreni

Division of Labour on Class Basis Labour during Feudal days

 The Indian society is divided into various sects and classes.  The term ‘Feudalism’ is more associated with the social structure commonly in
practice in Europe, there were remarkable similarities between Indian and European
 This is because of the caste system which is prevalent in the feudalism with few minor differences.
country.  Feudalism is a concept where the landed nobility owned lands in the name of the
king/queen in exchange for raising an army in times of war.
 The roots of the caste system go back to the ancient Vedas
 The lands owned by the nobility were in turn looked after and laboured upon by
dividing people on the basis of varna or occupation. tenants, who shared produce with the nobles in return for military protection.
 It has brought many evils in the society.  The likely origin of feudalism was during the post-Mauryan period in the empires of
the Gupta’s and the Kushanas.
 The Government is constantly striving to overcome the harms
 Examples- Zamindars, Taluqdars etc
of the system and bring about true equality among the people.

Labour- Capital Conflicts Labour- Capital Conflicts

1. Profit motive
4. Poor Bargaining Power
 The conflict originated in the fact that the workers put their powers at the disposal of
the entrepreneurs, and these, following the principle of maximum profit, tried to  Lack of awareness
establish the lowest possible wages for the work done by the employees.
2. Exploitation of labour 5.Unorganized labour
 establish the lowest possible wages for the work done by the employees. 6. Surplus labour
 lack of safety at work
7. Division of labour and super-specialisation
 of safeguards regarding the health and living conditions of the workers and their families.
3. Poor working conditions 8. Lack of alternative employment
 No safeguards taken
 work hours, breaks, work scheduling and compensation.
 The physical conditions and mental demands of a person's employment are also considered
working conditions.
 From Laissez faire to Welfare State: Transition from From Laissez faire to Welfare State: Transition
exploitation to protection and from contract to status.
from exploitation to protection
 The concept of welfare state came up in the British historical setting from
the ideas of liberalism, socialism and conservatism.
 “Salus populi est suprema lex”
 # Vishnu Agencies versus Tax Officer, (1978) 1 SCC 520
 The makers of the Constitution had realized that in a country like India,
 The maxim Laissez faire is derived from the 18th century in France. It political democracy would be useless without economic democracy.
expresses the desire on the part of the mercantile community for non-
interference by the state.
 # Modern Dental college and research center versus State of Madhya
Pradesh, (2016) 7 SCC 353
 The Supreme Court held that the economic policy of this country has
travelled from Laissez faire to a welfare state and then to a liberalized
economy.