DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY LUCKNOW

FINAL DRAFT

Subject:- LAW AND ECONOMICS(Optional Paper)

TOPIC – Policy Programmes And Importance Of labour

Laws With Refrence To Mining Industry.
Submitted to: Submitted by:

DR. AMANDEEP SINGH Bhanwati

Assistant Prof. (Law) Enroll no. 150101036

Dr. RMLNLU Sem- X, Sec- A

B.A.L.LB(Hons)
 CONTENTS
SR. TITLE PAGE
NUMBE NUMBER
R
1. ABBREVIATIONS
2. TABLE OF CASES
3. RESEARCH
METHODOLOGY
4. MICRO ECONOMICS
ASPECT
5. RELATIONSHIP
BETWEEN
ECONOMICS AND
LAW
6. COMPARITIVE
STUDY
7. CONCLUSION
8. RECOMMENDATIONS
AND SUGGESTIONS
 ABBREVIATIONS
SR. KEYWORD FULL FORM
NUMBE
R
1. SEC SECTION
2. PG PAGE
3. V. VERSUS
4. ASM ARTISIAN AND
SMALL SCALE
MINES
5. ILO INTERNATIONAL
LABOUR
ORGANIZATION
6. SC SUPREME COURT
7. WWW WORLD WIDE
WEB
8. I.E. THAT’S IT
9. ETC. ETCETRA
10. UK UNITED
KINGDOM
11. IND INDIA
12. USA UNITED STATES
OF AMERICA
13. SCC SUPREME COURT
CASES
 TABLE OF CASES
1) UP State Road Transport Corpn v. UP Parivahan Nigam
Shishukh Berozgar Sangh AIR 1995 SC 1114 = (1995) 2 SCC 1
2) Steel Authority of India v. National Union Water Front 2001(5)
SCALE 626 = 2001 LLR 961 = AIR 2001 SC 3527 = JT 2001(5) SC
602 = 2001 III CLR 349 = (2001) 7 SCC 1 = 2001 LLN 135 = 2001 AIR
SCW 3574
3) Food Corporation of India Workers Union Vs Food Corporation
of India and others, 1992 LLJ (Guj)
4) RPFC v. T S Hariharan 1971 Lab IC 951 (SC)

5) RPFC v. Shiv Kumar Joshi (1996) 4 CTJ 805 = 1996 LLR 641

6) Delhi Cloth & General Mills Co. Ltd. v. Its Workmen, AIR 1970
SC 919

7) Indian Hume Pipe Co. Ltd. v. ts Workmen, AIR 1960 SC 251

8) B. Mohan Reddy vs. A.P.S. Co-op.Marketing Federation Ltd.

1990 (1)
LLN 820

9) Bombay Gas Public Ltd. Co. V/s. Papa Akbar and Anr. 1990 II
LLJ 220
10) CIT v. Smt. Savitaben N. Amin [1986] 157 ITR 135 (Guj.)

TABLE OF STATUTES

1) Apprentices Act, 1961

2)Factories Act, 1948
3) Industrial Disputes Act, 1947

4) Payment of Bonus Act, 1965

5) Payment of Gratuity Act, 1972
6)Workmen’s Compensation Act, 1923

7) Employees State Insurance Act, 1948

8)) Employees Provident Fund And Misc. Provisions Act,

1952

9) The Employment Exchanges (Compulsory Notification

of Vacancies) Act, 1959
10) Labour Laws (Exemption From Furnishing Returns &
Maintaining Registers By Certain Establishments) Act,
1988
 RESEARCH METHODOLOGY

1.Relevance Of Labour Laws:

Labour laws constitute an essential component of Labour Policy in India aimed at imparting
certain basic rights to workers as enshrined in our Constitution. Labour law reforms are an
ongoing and continuous process and the Government has been introducing new laws and
amending the existing ones in response to the emerging needs of the workers in a constantly
dynamic economic environment. Labour law also known as employment law is the body of laws,
administrative rulings, and precedents which address the legal rights of, and restrictions on,
working people and their organizations. As such, it mediates many aspects of the relationship
between trade unions,employers and employees. In other words, Labour law defines the rights
and obligations as workers,union members and employers in the workplace. Generally, labour
law covers:
1) Industrial relations – certification of unions, labour-management relations, collective
bargaining and unfair labour practices;
2)Workplace health and safety;
3) Employment standards, including general holidays, annual leave, working hours, unfair
dismissals, minimum wage, layoff procedures and severance pay.
Mining is a very patriarchal industry and the most hostile sector towards women. The historical
myth globally that the presence of women in the mine pits leads to collapse of mines and death
of miners itself resonates with the hostility and contempt towards women by the mining sector. If
mining were to be defined as a development activity as our governments and the mining industry
reiterate, we have to also analyse the economics of mining from the perspective of gender. Given
our country's experience of extensive mining operations ranging from rat hole mining to large
open-cast and under ground mines across different states, one has to closely examine what have
been the benefits in the form of incomes, livelihoods and food security that women enjoy -
whether rural or urban. Mining is a very patriarchal industry and the most hostile sector towards
women. The historical myth globally that the presence of women in the mine pits leads to
collapse of mines and death of miners itself resonates with the hostility and contempt towards
women by the mining sector. If mining were to be defined as a development activity as our
governments and the mining industry reiterate, we have to also analyse the economics of mining
from the perspective of gender. Given our country's experience of extensive mining operations
ranging from rat hole mining to large open-cast and under ground mines across different states,
one has to closely examine what have been the benefits in the form of incomes, livelihoods and
food security that women enjoy - whether rural or urban, dalit or tribal.

2.Scope Of Study:
There are several limitations of this project too because as I was able to complete the entire
project but have missed some topics which I feel should be covered And depth study of some
areas is also missing. I have done in depth study of only a part of the topic.In this project the
main topic which I have covered are relevance of labour laws,objective, it’s comparison with
other countries and at last have given some suggestions which I think should be there.

3.Objective Of Study:
The main objective of making this project is to tell various labour policies relating to mining
industries like:
1) Efficient functioning of Labour Department
2) Child labour act to be aggressively enforced
3) Joint cell of labour department and industries department to study changes in laws and
Rules
4)Social security cards for workers
5)Labour Law reforms in tune with the times. Empowered body of experts to suggest required
Changes
6) Modern medical facilities for workers
7) More labour sectors under Minimum Wages Act.
8) Reprioritization of allocation of funds to benefit vulnerable workers
And important labour laws relating to mining industries like:
1)The Mines Act, 1952
2) The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Act,
1976
3) The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act,
1976
4) The Mica Mines Labour Welfare Fund Act, 1946
5) The Industrial Disputes Act, 1947
6) The Factories Act, 1948
7) The Trade Unions Act, 1926
8)The Minimum Wages Act, 1948
And to tell the history of labour laws, evolution of labour laws and constitutional provisons with
regard to labour laws.
4 .Research Question:
The research question of this project was the laws and policies relating to labours working in
mining industries.And to bring out the present scenario of it.Other main aspect was to compare
the labour laws of india with the other countries like U.K and USA.And the first and last aspect
was to give some valuable suggestions towards the topic.

5.Limitations Of Research:
The project fails to conduct a primary research thorough examination, interviews and surveys
due to lack of time and vague understanding. The research of the project limits to books and
internet content.
 INTRODUCTION

1.ORIGIN:
Indian Mining Industry has been a major mineral producer in Asia and globally. Currently it is
the global producer of chromite, coal, iron ore and bauxite while enjoying economic growth
during the nineties. Mining is over 6000 years old in India. The oldest mines include lead-zinc
mineral deposits at Zawar, copper deposits at Khetri, and gold deposits in Karnataka. The mining
techniques used back then were much ahead of their time and technology specially the smelting
techniques.. India's current state owned mining and benefitted companies have been facing
drastic production cuts, resulting in operations becoming uneconomical which has eventually
resulted in the closure of several mining operations. Reasons have been given as lower grade
reserves and excessive manpower quotas for poor results.Labour law arose due to the demands
of workers for better conditions, the right to organize, and the simultaneous demands of
employers to restrict the powers of workers in many organizations and to keep labour costs low.
Employers' costs can increase due to workers organizing to win higher wages,or by laws
imposing costly requirements, such as health and safety or equal opportunities conditions.

Labour legislations enacted post independence of India have sought to tackle various problems
relating to working conditions, industrial safety, hygiene and welfare, wages, trade unionism,
social security, etc. Laws were also enacted to meet the special needs of mining industry and
commercial establishments, such as mines, plantations, factories, shops and establishments, etc .
In the year 1991, the Indian Government adopted a policy of economic liberalisation. The
resultant enhancement of competition in the fast-changing markets raised a new set of challenges
since Indian labour laws (including the social security laws) were traditionally inclined to be
protective of labour and not conducive to competition in the mining industry . With greater
mobility and flexibility in the labour markets becoming the need of the hour, labourshave
consistently argued in the last decade or so that the excessively pro-worker nature of Indian
labour laws in the organised sector is a cause for concern. This has caused the Government to
consider reforms in labour laws in India. Recommendations designed to give the mining industry
appropriate flexibility for it to be in a position to compete in the international markets are under
consideration. It can consequently be said that the mining industry has started moving away from
a protectionist‟ and closed model towards a more competitive and open model.
2.HISTORICAL PERSPECTIVE: Indian labour law is closely connected to the Indian
independence movement, and the campaigns of passive resistance leading up to independence.
While India was under colonial rule by the British Raj, labour rights, trade unions, and freedom
of association were all suppressed. Workers who sought better conditions, and trade unions who
campaigned through strike action were frequently, and violently suppressed. After independence
was won in 1947, the Constitution of India of 1950 embedded a series of fundamental labour
rights in the constitution, particularly the right to join and take action in a trade union, the
principle of equality at work, and the aspiration of creating a living wage with decent working
conditions.

India’s Labour Policy is mainly based on Labour Laws. The labour laws of independent India
derive their origin, inspiration and strength partly from the views expressed by important
nationalist leaders during the days of national freedom struggle, partly from the debates of the
Constituent Assembly and partly from the provisions of the Constitution and the International
Conventions and Recommendations. The relevance of the dignity of human labour and the need
for protecting and safeguarding the interest of labour as human beings has been enshrined in
Chapter-II (Articles 16, 19, 23 & 24) and Chapter IV (Articles 39, 41, 42, 43,43A & 54) of the
Constitution of India keeping in line with Fundamental Rights and Directive Principles of State
Policy. The Labour Laws were also influenced by important human rights and the conventions
and standards that have emerged from the United Nations. These include right to work of one’s
choice, right against discrimination, prohibition of child labour, just and humane conditions of
work, social security, protection of wages,redressal of grievances, right to organize and form
trade unions, collective bargaining and participation in management. Our labour laws have also
been significantly influenced by the deliberations of the various Sessions of the Indian Labour
Conference and the International Labour Conference. Labour legislations have also been shaped
and influenced by therecommendations of the various National Committees and Commissions
such as First National Commission on Labour (1969) under the Chairmanship of Justice
Gajendragadkar, National Commission on Rural Labour (1991), Second National Commission
on Labour (2002) under theChairmanship of Shri Ravindra Varma and the National Commission
for Enterprises in the Unorganised Sector (NCEUS) (2009) under the Chairman of Dr. Arjun
Sengupta. In addition there have been a number of judicial pronouncements on labour laws
which have helped to arrive at a better interpretation of these laws and at times given a new
direction to their implementation.

3)Current Purpose Of Labour Legislation:

Labour legislation that is adapted to the economic and social challenges of the modern world of
work fulfils three crucial roles:
1) it establishes a legal system that facilitates productive individual and collective employment
relationships, and therefore a productive economy
2) by providing a framework within which employers, workers and their representatives can
interact with regard to work-related issues, it serves as an important vehicle for achieving
harmonious industrial relations based on workplace democracy.
3) provides a clear and constant reminder and guarantee of fundamental principles and
rights at work which have received broad social acceptance and establishes the processes
through which these principles and rights can be implemented and enforced.

4)ROLE OF ILO IN PRESENT SCENARIO:

The International Labour Organization (ILO) is devoted to advancing opportunities for
women and men to obtain decent and productive work in conditions of freedom, equity,
security and human dignity. Its main aims are to promote rights at work, encourage decent
employment opportunities, enhance social protection and strengthen dialogue in handling
work-related issues. In promoting social justice and internationally recognized human and
labour rights, the organization continues to pursue its founding mission that labour peace is
essential to prosperity. Today, the ILO helps advance the creation of decent jobs and the
kinds of economic and working conditions that give working people and business people a
stake in lasting peace, prosperity and progress.It meets three times a year, in March, June and
November. It takes decisions on ILO policy, decides the agenda of the International Labour
Conference, adopts the draft programme and budget of the organisation for submission to the
conference, and elects the director-general. The Governing Body is composed of 28 government
representatives, 14 workers group representatives, and 14 employers group representatives. Ten
of the government seats are held permanently by Brazil, China, France, Germany, India, Italy,
Japan, the Russian Federation, the United Kingdom, and the United States.
 MICRO AND MACRO ECONOMICS ASPECT OF LABOUR MARKET
There are two sides to labour economics. Labour economics can generally be seen as the
application of microeconomic or macroeconomic techniques to the labour market.
Microeconomic techniques study the role of individuals and individual firms in the labour
market. Macroeconomic techniques look at the interrelations between the labour market, the
goods market, the money market, and the foreign trade market. It looks at how these interactions
influence macro variables such as employment levels, participation rates, aggregate income
and Gross Domestic Product.

1.Macro Economics Aspect:

The labour force is defined as the number of individuals age 16 and over, excluding those in the
military, who are either employed or actively looking for work. The participation rate is the
number of people in the labour force divided by the size of the adult civilian noninstitutional
population (or by the population of working age that is not institutionalised). The nonlabour
force includes those who are not looking for work, those who are institutionalised such as in
prisons or psychiatric wards, stay-at home spouses, children, and those serving in the military.
The unemployment level is defined as the labour force minus the number of people currently
employed. The unemployment rate is defined as the level of unemployment divided by the
labour force. The employment rate is defined as the number of people currently employed
divided by the adult population (or by the population of working age). In these statistics, self-
employed people are counted as employed.

Variables like employment level, unemployment level, labour force, and unfilled vacancies are
called stock variables because they measure a quantity at a point in time. They can be contrasted
with flow variables which measure a quantity over a duration of time. Changes in the labour
force are due to flow variables such as natural population growth, net immigration, new entrants,
and retirements from the labour force.

2)Micro Economics:

Micro economics view the labour market as similar to other markets in that the forces of supply
and demand jointly determine price (in this case the wage rate) and quantity (in this case the
number of people employed).
However, the labour market differs from other markets (like the markets for goods or the money
market) in several ways. Perhaps the most important of these differences is the function of
supply and demand in setting price and quantity. In markets for goods, if the price is high there is
a tendency in the long run for more goods to be produced until the demand is satisfied. With
labour, overall supply cannot effectively be manufactured because people have a limited amount
of time in the day, and people are not manufactured.

The labour market also acts as a non-clearing market.Whereas most markets have a point of
equilibrium without excess surplus or demand, the labour market is expected to have a persistent
level of unemployment. Contrasting the labour market to other markets also reveals
persistent compensating differentials among similar workers. The competitive assumption leads
to clear conclusions — workers earn their marginal product of labour. Households are suppliers
of labour. In microeconomics theory, people are assumed to be rational and seeking to maximise
their utility function. In this labour market model, their utility function is determined by the
choice between income and leisure. However, they are constrained by the working hours
available to them.

2.Different Theories Of Micro Economics:

a)Consumer Demand Theory- Consumer demand theory relates preferences for the
consumption of both goods and services to the consumption expenditures; ultimately, this
relationship between preferences and consumption expenditures is used to relate preferences
to consumer demand curves. The link between personal preferences, consumption and
the demand curve is one of the most closely studied relations in economics. It is a way of
analyzing how consumers may achieve equilibrium between preferences and expenditures by
maximizing utility subject to consumer budget constraints.
b)Theory Of Production: Production theory is the study of production, or the economic process
of converting inputs into outputs. Production uses resources to create a good or service that is
suitable for use, gift-giving in a gift economy, or exchange in a market economy. This can
include manufacturing, storing, shipping, and packaging. Some economists define production
broadly as all economic activity other than consumption. They see every commercial activity
other than the final purchase as some form of production.
c)Game Theory-Game theory  is a major method used in mathematical economics and business
for modeling competing behaviors of interacting agents. Applications include a wide array of
economic phenomena and approaches, such as auctions, bargaining, mergers &
acquisitions pricing, fair division, duopolies, oligopolies, social network formation, agent-based
computational economics, general equilibrium, mechanism design,and voting systems, and
across such broad areas as experimental economics, behavioral economics,information
economics, industrial organization, and political economy.

3.DIAGRAMS:
a)Share of mining industry in whole india-

b)Perfectly competitive labor Market

RELATIONSHIP BETWEEN ECONOMICS AND LAW
Law and economics,” also known as the economic analysis of law, differs from other forms of
legal analysis in two main ways. First, the theoretical analysis focuses on EFFICIENCY. In simple
terms, a legal situation is said to be efficient if a right is given to the party who would be willing
to pay the most for it. There are two distinct theories of legal efficiency, and law and economics
scholars support arguments based on both. The positive theory of legal efficiency states that the
common law (judge-made law, the main body of law in England and its former colonies,
including the United States) is efficient, while the normative theory is that the law should
beefficient. It is important that the two theories remain separate. Most economists accept both.

Law and economics stresses that markets are more efficient than courts. When possible, the legal
system, according to the positive theory, will force a transaction into the market. When this is
impossible, the legal system attempts to “mimic a market” and guess at what the parties would
have desired if markets had been feasible.

The second characteristic of law and economics is its emphasis on incentives and people’s
responses to these incentives. For example, the purpose of damage payments in accident (tort)
law is not to compensate injured parties, but rather to provide an incentive for potential injurers
to take efficient (cost-justified) precautions to avoid causing the accident. Law and economics
shares with other branches of economics the assumption that individuals are rational and respond
to incentives. When penalties for an action increase, people will undertake less of that action.
Law and economics is more likely than other branches of legal analysis to use empirical or
statistical methods to measure these responses to incentives.

The private legal system must perform three functions, all related to property and PROPERTY
RIGHTS. First, the system must define property rights; this is the task of property law itself.
Second, the system must allow for transfer of property; this is the role of contract law. Finally,
the system must protect property rights; this is the function of tort law and criminal law. These
are the major issues studied in law and economics. Law and economics scholars also apply the
tools of economics, such as GAME THEORY, to purely legal questions, such as various parties’
litigation strategies. While these are aspects of law and economics, they are of more interest to
legal scholars than to students of the economy.
2.STUDY IN LIGHT OF PRESENT CONSTITUTIONAL FRAMEWORK:

Under the Constitution of India, Labour is a subject in the concurrent list where both the Central
and State Governments are competent to enact legislations. As a result , a large number of labour
laws have been enacted catering to different aspects of labour namely, occupational
health,safety, employment, training of apprentices, fixation, review and revision of minimum
wages, mode of payment of wages, payment of compensation to workmen who suffer injuries as
a result of accidents or causing death or disablement in mines, bonded labour, contract labour,
women labour and child labour, resolution and adjudication of industrial disputes, provision of
social security such as provident fund, employees’ state insurance, gratuity,provision for
payment of bonus, regulating the working conditions of certain specific categories of workmen
such as plantation labour, beedi workersetc. The legislation can be cateogarized as follows-
1) Labour laws enacted by the Central Government, where the Central Government has the
sole responsibility for enforcement.
2) Labour laws enacted by Central Government and enforced both by Central and State
Governments.
3) Labour laws enacted by Central Government and enforced by the State Governments.
4) Labour laws enacted and enforced by the various State Governments which apply to
respective States.
Some of them are-:
1)The Mines Act, 1952
2)The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare (Cess)
Act, 1976
3) The Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labor Welfare Fund Act,
1976
4) The Mica Mines Labour Welfare Fund Act, 1946
5) The Child Labour (Prohibition and Regulation) Act, 1986
6) The Industrial Disputes Act, 1947
7) The Industrial Employment (Standing Orders) Act, 1946
8) The Personal Injuries (Compensation Insurance) Act, 1963
9) The Personal Injuries (Emergency Provisions) Act, 1962
10)The Building and Other Construction Workers Cess Act, 1996
11) The Apprentices Act, 1961
3.RECENTLY AMENDED ACTS RELATED TO LABOUR LAWS:
Review / updation of labour laws is a continuous process andchanges are effected in labour laws
from time to time by the Government inorder to bring them in tune with the emerging needs of
the economy andafter detailed discussion with the stakeholders. The following Acts were
amended recently:
A)The Employees’ Compensation Act, 1923 (earlier called ‘theWorkmen’s Compensation
Act, 1923) was amended w.e.f 18.01.2010 to, inter-alia:
1) increase the wage ceiling limit from Rs.4,000/- to Rs.8,000/- per
Month
2) enhance the compensation for death, disablement, funeral expenses
3) make compensation gender neutral.
B) The Industrial Disputes Act, 1947 was amended w.e.f.15.09.2010 to:
1) Empower the labour Court or tribunal to execute awards.
2) establish Grievance Redressal Machinery.
3) enhance the wage ceiling from Rs.1,600/- to Rs.10,000/- per month
to cover workmen working in supervising capacity.
4)BILL INTRODUCED RELATING TO MINES:
The Mines Act, 1952 Amendment Bill was introduced in Rajya Sabha on 23.03.2011 to make it
more relevant and effective in the present economic scenario. The new Bill proposes to:-
A) Impose heavier fines and increase terms of imprisonment for any violation of the provisions
of the Act affecting the safety and security of workers;
B) Cover the whole of India including areas coming under the jurisdiction of Territorial Waters,
Continental Shelf , Exclusive Zones and other Maritime Zones Act, 1976.
C) Revise the definitions of “owner”, “foreign company” and directorsliving abroad relevant to
present times.
 COMPARITIVE STUDY
A)Comparison Of Labour Legislation Between India And Other Countries –
1) India:
The law relating to labour and employment in India is primarily known under the
broad category of "Industrial Law". The prevailing social and economic conditions have been
largely influential in shaping the Indian labour legislation, which regulate various aspects of
work such as the number of hours of work, wages, social security and facilities provided.
The labour laws of independent India derive their origin, inspiration and strength partly from the
views expressed by important nationalist leaders during the days of national freedom struggle,
partly from the debates of the Constituent Assembly and partly from the provisions of the
Constitution and the International Conventions and Recommendations. The relevance of the
dignity of human labour and the need for protecting and safeguarding the interest of labour as
human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and Chapter IV
(Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with Fundamental
Rights and Directive Principles of State Policy. The Labour Laws were also influenced by
important human rights and the conventions and standards that have emerged from the United
Nations. These include right to work of one’s choice, right against discrimination, prohibition of
child labour, just and humane conditions of work, social security, protection of wages, redress of
grievances, right to organize and form trade unions, collective bargaining and participation in
management. The labour laws have also been significantly influenced by the deliberations of the
various Sessions of the Indian Labour Conference and the International Labour Conference.
Labour legislations have also been shaped and influenced by the recommendations of the various
National Committees and Commissions such as First National Commission on Labour (1969)
under the Chairmanship of Justice Gajendragadkar, National Commission on Rural Labour
(1991), Second National Commission on Labour (2002) under the Chairmanship of Shri
Ravindra Varma etc. and judicial pronouncements on labour related matters specifically
pertaining to minimum wages, bonded labour, child labour.
Under the Constitution of India, Labour is a subject in the concurrent list where both the Central
and State Governments are competent to enact legislations. As a result , a large number of labour
laws have been enacted catering to different aspects of labour namely, occupational health,
safety,employment, training of apprentices, fixation, review and revision of minimum wages,
mode of payment of wages, payment of compensation to workmen who suffer injuries as a result
of accidents or causing death or disablement, bonded labour, contract labour, women labour and
child labour, resolution and adjudication of industrial disputes, provision of social security such
as provident fund, employees’ state insurance, gratuity, provision for payment of bonus,
regulating the working conditions of certain specific categories of workmen such as plantation
labour, beedi workers etc.
Australian labour law has had a unique development that distinguishes it from other English
speaking jurisdictions.
2)AUSTRALIA:
In 1904 the Conciliation and Arbitration Act was passed mandating "Conciliation and
Arbitration for the Prevention and Settlement of Industrial Disputes extending beyond the Limits
of any one State". In 2005, the Work Choices Act removed unfair dismissal laws, removed the
"no disadvantage test", and made it possible for workers to submit their certified agreements
directly to Workplace Authority rather than going through the Australian Industrial Relations
Commission. There were also clauses in WorkChoices that made it harder for workers to strike,
made it easier for employers to force their employees onto individual workplace agreements
rather than collective agreements, and banning clauses from workplace agreements which
supported trade unions.
The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act
2005, or Work Choices, which came into effect in March 2006, was a comprehensive change to
industrial relations in Australia.
3)FRANCE :
In France the first labour laws were Waldeck Rousseau's laws passed in 1884. Between 1936
and 1938 the Popular Front enacted a law mandating 12 days (2 weeks) each year of paid
vacation for workers, and a law limiting the work week to 40 hours, excluding overtime. The
Grenelle accords negotiated on May 25 and 26th in the middle of the May 1968 crisis,
reduced the working week to 44 hours and created trade union sections in each enterprise.
The minimum wage was also increased by 25%. In 2000 Lionel Jospin's government then
enacted the 35-hour workweek, down from 39 hours. Five years later, conservative prime
minister Dominique de Villepin enacted the New Employment Contract (CNE). Addressing
the demands of employers asking for more flexibility in French labour laws, the CNE sparked
criticism from trade unions and opponents claiming it was lending favour to contingent
work. In 2006 he then attempted to pass the First Employment Contract (CPE) through a
189 vote by emergency procedure, but that it was met by students and unions' protests.
President Jacques Chirac finally had no choice but to repeal it.
4)UNITED KINGDOM:
United Kingdom labour law is that body of law which regulates the rights, and obligations of
trade unions, workers and employers in the United Kingdom. Labour law, often also referred to
as "employment law" has developed rapidly over the past forty years, due to a historically strong
trades union movement and the United Kingdom's membership of the European Union (since
1973). In its current form, it is largely a creature of statute rather than Common Law. Leading
employment law statutes include the Employment Rights Act 1996, the Employment Act 2002
and various legislative provisions outlawing discrimination on the grounds of sex, race,
disability,sexual orientation, and religion and from 2006.Labour related laws of UK are-
1)Employment Rights Act, 1996
2) Health and Safety at Work etc. Act, 1974
3) National Minimum Wage Act, 1998
4)Equality Act, 2006
5) Sex Discrimination Act 1975
6) Equal Pay Act 1970
5)CHINA:
Labour Law in the People's Republic of China has become a issue with the soaring numbers of
factories and the fast pace of urbanization. The basic labour laws are the Labour Law of People's
Republic of China (promulgated on 5 July 1994) and the Law of the People's Republic of China
on Employment Contracts (Adopted at the 28th Session of the Standing Committee of the 10th
National People's Congress on June 29, 2007, Effective from January 1, 2008.
According to the new 98-article-long "Labor Contract Law", employees of at least 10 years
standing are entitled to contracts that protect them from being dismissed without cause. The
new law also requires employers to contribute to employees' social security accounts and sets
wage standards for employees on probation and working overtime. China's new labor contract
law targets, primarily domestic companies that do not have labor contracts and that generally fail
to comply with China's old laws.
 CONCLUSION
This project deals with the salient features and trends of labour laws prevailing in India, and the
major issues to be considered by a labour in India, depending on the nature, size and location of
the industry as well as the nature of the labours‟ duties and responsibilities.
Thinking about labour law in India requires us to think not merely about the application of a
set of legal or regulatory conventions governing labour in a particular society. It also requires
us to think about what ‘labour law’ might mean in varying economic and social contexts. In
certain respects Indian labour law is much like the labour law of developed industrial
societies. It has extensive legislation providing for minimum standards of employment, social
security, occupational health and safety and so on. Its labour law legalises trade unions and
their activities, and provides a framework for the settlement of industrial disputes. It legalises
industrial action in pursuit of collective interests. Yet, as we have seen, formally the labour
law of India covers only a very small percentage of the Indian workforce, and even among
that cohort the law’s application in practice is lax to say the least. Neither of the two principal
objects of the labour law system identified in this project appears to have been met in practice.
To all intents and purposes then, this is a non-functioning system.
If we were to adopt a fairly conventional approach to labour law, i.e. if we were to confine
our inquiry to the usual parameters of labour law subject matter, it would follow that our
investigation would extend to a number of consequent questions and issues. These might
include an examination of the limited coverage of Indian labour law amongst classes of
workers, business establishments and particular occupations, and the reasons for those
limitations; the weaknesses and failings of the enforcement system; and how to extend the
idea of labour law to what are labelled ‘precarious’, ‘marginal’ or ‘atypical’ labour.
However, in our opinion such an approach would fail to deal adequately with the problems
identified. India is a ‘quasi’-industrialised society. It has a rapidly growing economy, but it is
not industrialising in a way that might have been anticipated following independence. If
there is to be an ongoing international and comparative discussion in labour law, particularly
one involving major nations such as China, India and UK and so on, we cannot shape
the discussion about labour law in so confined a manner. We cannot assume that developing
countries will necessarily industrialise in ways similar to the pattern set by earlier
developers. Some further line of investigation by labour lawyers is needed in order to
discover what truly is 'regulating' 'labour' in India.
One such line of inquiry is suggested in the form of the novel social protection initiatives
being introduced in India. These include the Mahatma Ghandi National Rural Employment
Guarantee Scheme which is designed to provide a minimum income through a right to work
guarantee to the very poor, and the Unorganized Sector Workers' Social Security Bill 2008
which is designed, eventually, to extend a social welfare network of schemes embodying life
and disability cover, health and maternity benefits, old age protection and so on to the 60
million or so workers in the unorganised sectors of the economy and their families. These
kinds of laws and regulations are not typically part of labour law discourse; they tend to be
included at the margins, if at all. Yet, the study of labour law in India suggests that we should
be looking at a multi-faceted approach to labour regulation. Where formal or conventional
ideas of labour law are ineffective or irrelevant, something else is relevant to labour's
condition. In India that includes the extensive influence of custom, caste, religion and class in
determining the rights of labour and the protections extended to it. This suggests that a new
approach is warranted.
 SUGGESTIONS/RECOMMENDATIONS
After making and understanding the project I would like to give some suggestions which I think
are valuable to the best of my knowledge and are as follows-
1) The mining sector is amongst the greatest source of employment so it must be ensured that
the labors are not harassed. The laws should be different and simplified for the mining industries
for facilitating growth of this sector, though benefits for the workers should not be compromised.
2) A single, simplified and comprehensive Act for the mining industries should be there as it is
cumbersome to comply with the various provisions of labour laws.
3) There should be uniform labour laws as objective of every labour Act is different and also it
cannot be under single definition.
4) For social security of workers, there should be only one Act and there has to be single rate of
contribution such as provident funds, employees’ state insurance.
5) Wage payments should be made through cheques and RBI should change its policy so that
even zero balance in accounts can be maintained.
6) Social security benefits should also be available to employers especially in the mining
industries.
7) Most of the mining industries are suppliers to the large industrial units who avail the benefits
from the products of these mining industries while employing less labour force. Therefore, there
should be a system of cross subsidization where the large corporates should provide more
contribution for provident funds and social security in comparison tomining industries. This will
encourage the growth of small scale sector and thus promote employment also.
8) Regarding amendment to the Minimum Wages Act, 1948, the different components of the
minimum wage should be clearly defined.
9) While supporting that minimum wages should be paid to contract workers it may not be
desirable to equate the wages of a contract worker with wages of a regular worker with many
more years of experience
10) Equating the wages of contract labour with that of regular worker will not be appropriate, as
the selection process for a contract worker and regular worker differ and also the quality and skill
of both may be different.
2.RECOMMENDATIONS:
At the top of my analysis i might prefer to recommend some points that i believe ought
to be enforced and implemented to the labour laws in india and are as follows :
1) In hazardous industries like mining industries many labours migrate from one State to
another but no record is maintained anywhere. An Inter State Council or any other mechanism
should be made to look into this issue.
2) One law should take care of all whether it is organized or unorganized class of workers
3) There should be some method for resolving disputes and it should not always be through
slogan shouting, strikes etc. Issues should be solved through goodwill and not with confrontation
4) Regarding Trade Union Law, we have to redefine the organizational requirement for redressal
issue of grievances of workers and trade Unions should not necessarily be flag bearers of
political parties.
5) The Labour Department should be strengthened to enforce the labour regulations in mining
industries and the Planning Commission should make financialprovision for employing adequate
number of Labour EnforcementOfficers (LEO) in States.
6) The fines imposed under labour laws are not sufficiently deterrent as the quantum of fines has
not been revised over time. Sometimes it becomes more profitable to violate the labour laws
rather than to implement it.
7) Regarding the Minimum Wages Act, 1948, wages should be defined clearly giving basic and
DA so that social security benefits and other allowances can be properly reflected. The
honorarium provision should be clearly specified and kept separate.
8) On the Child Labour (Prohibition) Act, 1986, it could be considered to make employment of a
child below the 14 years age illegal in the employment code to support the implementation of
Right to Education Act.
9) Alternately, more number of activities may be included under the schedule of this Act, where
child labour is prohibited. Prohibition of child labour from mining industries is strongly
recommended.
10) An insurance scheme should be started for the retrenched workers from the time mining
industry commenced operations, so that workers were not put to hardship later.
BIBLOGRAHY

Websites
 https://shodhganga.inflibnet.ac.in/bitstream/10603/174927/16/10_chapter%204.pdf
 https://labour.gov.in/sites/default/files/Ch-1%281%29.pdf
 http://nclcil.in/infobank/act/history_of_labour_laws.pdf
 https://www.britannica.com/topic/labour-law
 https://www.ethicaltrade.org/sites/default/files/shared_resources/legal_review_-
_natural_stone_india.pdf
 https://www.icsi.edu/media/webmodules/Labour_Laws&_Practice.pdf
 https://www.mcgill.ca/ihsp/files/ihsp/world_equity_india_and_china.pdf
 https://www.ti.ee/fileadmin/user_upload/failid/dokumendid/Legal_study_PWD_Full_report_in
cl_exec_sum_EN_FR_DE.pdf
 https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/australia
 https://iclg.com/practice-areas/employment-and-labour-laws-and-regulations/france

BOOKS

 LABOUR LAW- H L KUMAR

 LABOUR LAW- DR ASHO K. JAIN