History of development of industrial legislation in india
- 1. History Of Development of Industrial Legislation in India
- 2. Stages of Development PRELIMINARY STAGE (1857-1918) DEVELOPMENT PERIOD (1919-1947) MATURITY AND POST INDEPENDENCE PERIOD.
- 3. Preliminary Stage Enactments in favour of workman: • The conditions of labour were for the first time given consideration in this stage. The Fatal Accidents Act, 1855, was passed. Before, the passing of this act, the general perception was that neither party is at fault for an accident and so the employer couldn’t be held liable. The Factories Act was passed which placed limitations on the working hours of women and children. It was also meant to secure better working conditions. The Mines Act was passed for securing safe conditions of work. Enactments in favour of employer • The Workmen’s Breach of Contract Act, Employers’ and Workmen’s Disputes Act, 1869 and the IPC contained such provisions rendering workmen liable for criminal penalties for breach of contract.
- 4. Development Period After the First World War, there were many changes in the industrial sector. Businesses flourishes and expanded with increase in competition. New factories began to be established. The population of workmen grew consequently. The workmen now got an opportunity to organize themselves. Collective bargaining replaced individual contracts. The workers frequently resorted to strikes for the fulfillment of their demands. For fulfilling these demands, new laws emerged. The International Labour Organization was also set up in 1919 for the promotion of industrial peace and social justice. India was also a member. The Trade Disputes Act, 1929, the Workmen’s Compensation Act and the Trade Union Act, 1923, were passed. This period ends with the passing of the Industrial Disputes Act, 1947, which repealed and replaced the Trade Disputes Act.
- 5. Independence Period • Basic values enshrined in the Constitution of India (Preamble, fundamental rights and DPSPs): social justice, equality, dignity, fairness, living wage, humane conditions of work, prohibition of forced labour, economic justice. • The Minimum Wages Act, 1948 • The Employees’ State Insurance Act, 1948 • The Factories Act, 1948 • The Maternity Benefits Act • The Payment of Bonus Act