The Political-Economy Of Industrial Relations Law in India
Keywords:
Political-Economy, Industrial Relations, Law in India, Labour, Capital, State, Economy, Industrial Disputes Act, Indian Labour PolicyAbstract
The Industrial Relations law in any country are the result of the constant interaction and interrelationship among labour, capital, the state and the economy. This paper is an attempt to trace the evolution of the same in India. The author charts the course of the Industrial Disputes Act in a three-stage periodisation: the Colonial Phase, the Post-Colonial Phase, and the Post-Liberalisation Phase. In the Colonial Phase, the Indian labour policy was dictated by the interest of the Colonial Capital. Even though the policy has evolved over the years, in the Post-Liberalisation Phase, it continues to be dictated, more than ever, by the foreign interest, perhaps through different dynamics, more subtle and forceful.
References
Mr. N.M. Joshi, The Labour representative in the Delhi Assembly opposed the Bill when it came up the for Discussion on 4th February 1925. He said that when he moved the resolution asking for trade union legislation, he wanted a sound Bill, but not the Bill that the Governement had drafted. The views of the employers on the Bill showed that they favoured compulsory registration, and asked for suppression of unregistered Union groups. He also objected to the restriction on union funds to trade union purposes only. He felt that a trade union would not be worth having if it was not permitted to use its funds running its candidates for election and for assisting another trade union in distress. He asked the Government not to hurry with the Bill, because trade unions were not ready and should be given time to consider the Bill further. He urged the Government to grant to Indian Labour the real freedom granted to Labour in England.
None would have imagined that this law would become the frame work for the Industrial Relations Law even for post Independence India. Indeed it has survived for well over seven decades and continues to hold the field even today.
R.P. Dutt, India Today, Manisha Calcutta, 1979, pp. 410-411.
Bhagat Singh Went on to clarify that they had taken care to ensure that the bombs were designed and thrown into a safe corner of the legislature in order to ensure that on one was hurt and that the only purpose of the explosion was to make the deal hear. For further details please see http:// ww.parwhaz.com/shaheed-bhagatsingh/june6.htm.
An interim Government consisting initially of 12 members led by Pandit Jawaharlal Nehru took office on 2nd September 1946.
Government of India, Labour Yearbook, 1949.
Excel Wear v. Union of India, A.l.R (1979) SC 25
Such is the modern practive of level playing field !
Finance Minister Union Budege Speech 2000-2001, http://indiabudget.nic.in/speechtext/bs 1.htm
Even George Fernandes, convener of National Democractic Alliance (NDA) voiced his opposition to the proposed Labour Reform. For further details, pleas see Naundhi Kaur, The Divide on Labour, Frontline, Vol. 18(20) 2001. Also See, Unions Assail'anti labour exercises' The Hindu, Oct 4, 2001.
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