During the twentieth century, a new branch of jurisprudence called Industrial Jurisprudence emerged. The Supreme Court and numerous high courts’ verdicts and judgments paved the way for the development of Industrial Jurisprudence. Industrial Jurisprudence cases are primarily concerned with a big community of industrialists and their employees. Previously, employers had the authority to fire employees at will. With the development of this Industrial Jurisprudence, the employer has been restrained from terminating employees.
The notion of master and servant was formerly prevalent in India, but as it relates to industries, it has now evolved into employer and employee, where the former may hire staff but cannot fire them at will.
Following independence, India saw the development of the idea of industrial jurisprudence. The Indian constitution and its procedures for enforcing laws and regulations played a significant role in this. Because it focuses on the human interactions that result from the extensive expansion of the factory system, this jurisprudence is very important in today’s society.
LABOUR POLICY IN INDIA
In the past, the government, employers, and labor through trade unions formed the three parties that made up the tripartite system for establishing labor policy. The representatives’ primary responsibility was to advise one another and reach a consensus. In India, this three-tiered system was widely used.
The main postulates of the labour policy operating in the country may be summed up as follows:
- Recognition of State, the custodian of the interests of community, as the catalyst of the change and welfare programmes.
- Recognition of the right of workers to peaceful direct action if justice is denied to them
- Encouragement to mutual settlement, collective bargaining and voluntary arbitration.
- Intervention by the State in favour of the weaker party to ensure fair treatment to all concerned
- Primacy to maintenance of industrial peace.
- Evolving partnership between the employer and employees in a constructive endeavour to promote the satisfaction of the economic needs of the community in the best possible manner.
- Ensuring fair wage standards .and provisioll of social security
- Cooperation for augmenting productioll und increasing ‘productivity’
- Adequate enforcement of legislation.
- Enhancing the status of the worker in industry.
- Tripartite consultation
LABOUR PROBLEMS
Some of the major labour problems are:
- Very low socio economic status due to the exploitation by the employers.
- Poor condition of the working due to neglect of employer.
- Worker do not have any choice due to lack of resources.
- No proper policy framework in early times.
- Illiteracy among workers.
INDUSTRIAL PEACE AND INDUSTRIAL HARMONY
Industrial Peace- It is a negative and restrictive concept. The concept of industrial peace deals with maintaining silence and not the cooperation between the employees which is more important for the growth of the industry.
Industrial Harmony- It leads to more cooperation between employees and employers. Industrial harmony leads to healthy Industrial relations.
PRINCIPLES OF LABOUR LEGISLATION
Social Justice- The laws made for the benefit of labour are based on the principle of Social Justice. It basically implies two things equitable distribution of profits and other benefits of industry between industry owner and workers. Earlier worker does not have the measure to attain social justice. But with the advent of various acts such as Workmen Compensation Act, Payment of Wages Act, Payment of Bonus Act, the workers are able to achieve social Justice.
There are various provisions enumerated in the Constitution of India as regard to giving force to the principals of social Justice. This principle is very important in order to provide justice to the employees. But there should be balance between worker and employers as regard to the principal of social Justice
Social Security- Social Security is the security that the State furnishes against the risks which an individual of small means cannot, today, stand up to by himself even in private combination with his fellows. This is also a important principle for labour legislation because it gives a feeling of security to the labour by the help of State.
GROWTH OF LABOUR LEGISLATION
From the very beginning in India, there is regular growth of Industries. India is not only a great agricultural country but a manufacturing country too. Before the advent of East India Company in India most of the goods supplied in the world belongs to India. But with the advent of East India Company, the company discouraged the Indian manufacturers in order to benefit the manufacturers coming from Britain.
Then, in the early twentieth century, with the growing struggle of freedom and the feeling of nationalism, the need for the swadeshi movement rise which inspire Indians to manufacture the goods in India and boycott the industries of Britain. With the rise of such Industries various act were made by the govt. in order to safeguard the rights of the labour.
Some of the acts are:
Pre Independence Acts | Post Independence Acts |
Industrial Disputes Act, 1947 | Employees State Insurance Act, 1948 |
Industrial Employment (Standing Orders) Act, 1946 | Employees Provident Fund and Miscellaneous Provisions Act, 1952 |
Employees Compensation Act, 1923 | Minimum Wages Act, 1948 |
Payment of Wages Act, 1936 | Factories Act, 1948 |
The Industries (Development and Regulation) Act, 1951 |
These are some of the laws governing labour in the country and the number of laws go on with the growth of labour in the country.
Cases on Industrial Jurisprudence
The Supreme Court emphasized that considerations of social justice cannot be ignored in the relationship between capital and labour. This marked a significant shift in judicial attitude toward safeguarding workers’ rights.
State of Mysore vs Workers of Gold Mines (AIR 1958 SC 923)
In this case, Justice Gajendragadkar described social and economic justice as a “living idea of revolutionary import” which not only supports the rule of law but also gives meaning to the concept of a welfare state.
State of Uttaranchal & Another vs Sushil Kumar Singh Negi [(2008) II L.L.J. 874]
This case reinforced that the right to reason is indispensable to a sound judicial system. Courts must provide reasons that indicate genuine application of mind to ensure justice is both done and seen to be done.
UCO Bank & Others vs Sushil Kumar Sahu[(2012) IV L.L.J. 593 S.C.]
The High Court set aside disciplinary proceedings on the grounds that the inquiry was initiated by the wrong authority—AGM instead of DGM—as per UCO Bank Regulations, 1976. It directed the release of all admissible benefits to the respondent.
However, the Supreme Court overruled this decision, holding that the High Court had taken a narrow and overly technical interpretation of the Regulations. It emphasized the objective of these rules—speedy and fair disciplinary proceedings.
