Constitutional Provision Related to Labour law

Labour administration in the country acquired a new orientation with the adoption of the Indian constitution in 1950. Article 246 and schedule 7 of the schedule 7 of the constitution contain provisions relating to distribution of legislative powers between the central and state government. For legislative purpose the subjects have been kept under three lists namely

  1. Union list
  2. concurrent list and
  3. state list.

Only parliament can enact laws on matters included in the concurrent list. subjects specified under state list come under the jurisdiction of state legislature

Labour matter in the three lists is as follows:

Union list: participation in international conferences, associations and other bodies implementing their decisions; regulation of Labour and safety in mines and oil fields, and industrial disputes concerning union employees, union pension, interstate migrations, and labour in major ports, railways, posts, telegraphs and telephones, and air transport, and union agencies and institutions for

  1. professional, vocational or technical training and
  2. promotion of special studies and research.

concurrent list trade unions, industrial and labour disputes, social security and social insurance, employment and unemployment, welfare of labour including conditions of work, provident fund, employers liability, workmen’s compensation, invalidity and old age pension and maternity benefits; vocational and technical training of labour, labour in factories, boilers and electricity, inquiries and statistics, and economic and social planning.

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