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Social Security and Labour LegislationsTitle PageTITLE OF THE PROJECT:“SOCIAL SECURITY AND LABOUR LEGISLATIONS”NAME OF THE STUDENT:SHAHIR SHIRAZALI ISSANICOURSE:S.Y. LL.M, SEMESTER IVYEAR:2013 – 2014GUIDING PROFESSORPROF. PRASANNA KUMARNAME OF THE COLLEGE:G.R. KARE COLLEGE OF LAW, MARGAO

Social Security and Labour l Security and Labour Legislations1.1Introduction11.2Social Security: Meaning and Content21.3EssentialSecurity41.4Social Security and Indian Constitution51.5Labour Welfare and Social Security:Indian Scenario81.6Labour and Social Security: Some BasicPrinciples131.7Some Important ILO Conventions161.8Judicial cial

Social Security and Labour LegislationsSOCIAL SECURITY AND LABOUR LEGISLATIONS1.1 IntroductionPresent day world is witnessing sweeping changes in almost all facetsof life, particularly in the social and economic life of the community.Labour class constitutes a major portion of the society and theircontributions are directed towards the development of the society.Considering the fact that labour is a significant component in alleconomic activities, the changes that take place in the economic fieldwill also have an impact on labour.India had in the past a well protected economy with high rate ofregulations and controls. The workers were also placed in a protectedenvironment under the roof of many social security legislations andother effective industrial laws. The unorganized sector was largelyleft out of controls. After the adoption of the new economic policy in1991, Indian society is almost out of these ‘protectionism’ and nowexposed to the challenges of globalization, privatization andliberalization.1In this changed economic scenario, a major part of the labour force inthe organized as well as unorganized sectors is exposed to manyunforeseen casualties. Some of these problems are direct and someothers, indirect. These policy changes that have taken place pose somebasic questions. Whether Indian labour is mature enough to face the1Labour Welfare and Social Security, Anil Kumar, Deep & Deep Publications, Delhi, Page 8.

Social Security and Labour Legislationschallenges? Whether the current legal framework of social security isadequate enough to protect the workers?1.2 Social Security: Meaning and ContentSocial security is essentially a term of Atlantic origin introduced byAbraham Epstein with a view to differentiating it from economicsecurity. It is both a concept and a system. The concept of socialsecurity is very old, though the term, the laws and institutions builtaround it in order to institutionalize the concept may be of recentorigin. Social security conveys a meaning that necessitates a security inthe society in case of contingencies. But it also extends to security bystate in case of contingencies.The term social security, its meaning, its denotation and connotationare vague. It speaks of a condition of the masses as a symbol of an endgreatly desired and has been duly sensed by statesman. It is theprinciple or practice of public provision for the economic security andsocial welfare of individual and his family as such, through socialassistance or insurance. International Labour Organization definessocial security as “security that society furnishes through appropriateorganizations against certain risks to which its members are exposed”i.e., the security is furnished by society, to the members of thesociety. The origin of society itself is an outcome of the fact that manis a social animal and he can survive only in the collective humane

Social Security and Labour Legislationscircumstances. Being a part of the society he expects help fromsociety when he faces a risk, which is the most common factor inhuman life. ILO casts a duty on society to furnish that protection toits members when one is exposed to a risk in life. It is social as itrepresents a culmination of collective effort. This definition envisagesexistence of appropriate organization.2According to National Commission on Labour (I), the concept ofsocial security is based on the ideas of human dignity and socialjustice. According to the Commission the underlying idea behindsocial security measures is that a citizen who has contributed or islikely to contribute to his country’s welfare, should be givenprotection against certain hazards.2Comprehensive Social Security Scheme for Workers, Jeet Singh Mann, Pg. 15

Social Security and Labour Legislations1.3 Essential Characteristics of Social SecurityA comprehensive service of social security is designed to compact thefive giants in the path of social progress—want, disease, ignorance,squalor and idleness. Thus it is a programme of protection providedby security against those contingencies of modern life, sickness,unemployment, old age, dependency, industrial accidents andinvalidity against which the individual cannot be expected to protecthimself and his family by his own ability or foresight. According tothe overview prepared by Ministry of Labour of India, social securityprotects not just the workman but his entire family by giving benefitpackages in financial security and health care.According to ILO social security requires to meet the contingencieslike (1) unemployment; (2) sickness; (3) employment injury; (4)maternity; (5) invalidity; (6) old age; (7) death; and (8) emergencyexpenses. World Bank requires social security to cover (1) naturaldiseases; (2) health; (3) social risks; (4) gender; (5) economic andpolitical environment. security except in special schemes for publicservants, war victims and public assistance by ratifying states. Equaltreatment is guaranteed regardless of residence, on condition ofreciprocity. States accepting obligation are bound to make paymenton the basis of invalidity, old age, survivor’s employment and familybenefits. But the states can prescribe minimum period of residence

Social Security and Labour Legislationsfor granting benefits of maternity, unemployment survivors and oldage benefits.1.4 Social Security and Indian ConstitutionThe Constitution of India guarantees fundamental rights toevery citizen. The most significant among them is Article 21which guarantees right to life. The Supreme Court egorically held that right to livelihood is inherent in rightto life.The ultimate aim of social security is to ensure means oflivelihood to everyone.In other words, right to socialsecurity is inherent in right to life. The specific provisionrelating to social security can be seen in the DirectivePrinciples of State Policy included in Part IV, which aredivine proclamations for the governance of the country.Labour policy in India must be fundamentally governed by it.Matters relating to social security are also found enumeratedin the Concurrent List. Art. 38 enjoins the State to strive topromote the welfare of the people by securing and protectinga social order ensuring social, economic and political justice.Article 39 (a) provides that the State shall direct its pol iciestowards securing the citizens, men and women equally, the

Social Security and Labour Legislationsright to an adequate means of livelihood; clause (d) providesfor equal pay for equal work for both men and women,Clause (e) provides to secure the health and strength ofworkers.Article 41 provides that within the limits of its economiccapacity and development the state, the state shall makeeffective provision to secure the right to work as fundamental withjust and humane conditions of work by suitable legislation oreconomic organization or in any other way in which theworker shall be assured of living wages, conditions of workensuring a decent standard of life and full enjoyment ofleisure and social and cultural opportunities to the workmen.The Constitution has expressed a deep concern for thewelfare of workers and has provided in Article 42 that theState shall make provision for securing just and humaneconditions of work and in Article 43 that the State shallendeavor to secure, by suitable legislation or economic organizationor in any other way, to all workers work, a living wage,conditions of work ensuring a decent standard of life. These33Sharat Babu and Reshmi Shetty, Social Justice and Labour Jurisprudence: Justice V.R. KrishnaIyer’s Contributions, Sage Publications, New Delhi, (2007) Pg.55

Social Security and Labour Legislationsconstitutional provisions express the social philosophy inlabour issues. 4This is a socialist approach ensuring social just ice, equalityand dignity of a person as corner stones of social democracy. Theconcept of social justice in the Constitution of India consists ofdiverse principles essential for the orderly growth anddevelopment of personality of every citizen. The directivescontained in Part IV are the common man’s pathway towardsthe attainment of socio-economic justice. As rightly pointedout by Justice Ramaswamy 5:“The poor, the workman and common man can secure andrealize the economic and social freedom only through the rightto work and right to adequate means of livelihood, to just andhumane conditions of work, to a living wage, a decent standardof life, education and leisure. To them these are fundamentalfacets of life .”4The Constitution of IndiaAir India Statutory Corporation v. United Labour Union, A.I.R. 1997 S.C. 645 at Pg. 648.Ramaswamy, J.,rightly said: “To make these rights meaningful to workmenand meaningful right to life a reality to workmen a shift of judicial orientation fromprivate law principles to public law interpretation harmoniously fusing fundamentalrights and directive principle ”5

Social Security and Labour LegislationsThough not justifiable, these principles are fundamental in thegovernance of the country and State is duty bound to apply theseprinciples in making laws. In a series of decisions on the subject, theSupreme Court has categorically held that the State has responsibility toprotect the interests of workmen for establishing social and economicdemocracy in which every workman realize socio- economic justiceassured in the Preamble, Articles 14, 15 and 21 and DirectivePrinciples of State Policy enshrined in the Constitution. Adopting thephilosophy of the Constitution, the Government of India has enactedmany labour legislations for protecting the rights of the labour class.1.5 Labour Welfare and Social Security: Indian ScenarioIn India there are several labour legislations relating to the welfare oflabour force, some of which are enacted during the British regime.Few such legislation envisage giving compensation when the earningcapacity of workers is interrupted as in the case of injury, or accidentor lay off, lock out, retrenchment or closure. Some other legislationsare declaratory, declaring the rights like freedom to form association,freedom from exploitation, equal pay, minimum wages and maternitybenefit.In India, there are a few legislations enacted for providing socialsecurity to workers, which are by and large in tune with the