Development of law Relating to Factories in India

AuthorM. K. Sahu
PositionNational University of Study and Research in Law (Ranchi, India)
Pages50-67
dEvELoPmEnT oF Law RELaTInG To FaCToRIES
In IndIa
MANJEET KUMAR SAHU,
National University of Study and Research in Law
(Ranchi, India)
The rapid growth of industr ial town and factories has paved the way to develop our
industrial legislation accordingly. The Government of India never expressed their interest
in framing separate legislation vis-à-vis factories which resulted in implementation of
the same statute which was enacted pre-independence. It was done by virtue of Art. 372
of the Constitution of India. However, the Constitutional Lawmakers created vacuum
for the implementation of new statute in accordance with the demand of society by
inserting scope under the Directive Principles of State Policies. However, in the 67 years
history of Indian Republ ic, there are unprecedented develop ments of law relating to
factories in India.
The Government of India, with the a doption of e xisted statute, made an ef fort to
incorporate the welfare legislation but it never developed along with the change in time.
It is to be noticed that as far as existing statutes are concerned, the development is an
eect of judicial pronouncement or some tragic incident like Bhopal Gas Tragedy. This
paper succinctly describes the history of factory legislation, the constitutional validity
of the previous statute and necessary amendment which have already been done and /
or on the verge of being amended. It will furthe r discuss contribution of judiciary in
developing the law relating to factories, scope of industrial jurisprudence in promoting
the development of factory legislation. The primary focus of the research project is to
reect upon the areas where factory legislation has developed, so that proper yardstick
could be made in order to put empha sis on t hose areas which have been remai ned
untouched.
Keywords: factory; development; contribution; jurisprudence; legislation.
Recommended citation: Manjeet Kumar Sahu, Develo pment of Law Relat ing to
Factories in India, 2(2) BRICS LJ (2015).
MANJEET KUMAR SAHU 51
Table of Contents
1. Introduction
2. Origin of Factory Legislation
3. Scope of Industrial Jurisprudence in Developing Factory Legislation
3.1. Concept of Social Welfare Legislation: Derivative of Indian Constitution
3.2. Jurist Opinion
4. Development of Factory Legislation
4.1. Legislative Development
4.2. Judicial Development
4.3. International and Regional Conventions
5. Areas to Be Developed under Factory Legislation
5.1. Social Security of Workers (emphasis on female workers)
5.2. Safety Measures
5.3. Health and Hygienic Conditions
5.4. Proper Infrastructure
5.5. Remedies
5.5.1. Periodical Review of the Inadequacy of Existing Legislation
5.5.2. Preventive Measure
5.5.3. Eective Steps for Identication of Occupational Diseases
5.5.4. Revision of the List of Occupational Diseases
6. Conclusion
1. Introduction
Nothing in this world remains stationary, the only con stant is change. Law is
a dynamic subject. The developments of law relating to factories in India trace its
origin from factories legislation of United Kingdom. The movement for the regulation
of factories was the outcome of a new attitude of mind towards industrial questions.
The application and industrial jurisprudence of UK legislations provided skeletal in
order to shape the factories legislation in India.
The rapid growth of industrial town and factories has paved the way to develop
our indu strial legislation accordingly. The Government of India never expressed
their interest in framing separate legislation vis-à-vis fac tories which resulted in
implementation of the same statute which was enacted pre-independence. It was
done by virtue of Art. 372 of the Constitution of India. However, the Constitutional
Lawmakers created vacuum for the implementation of new statute in accordance
with the demand of society by inserting scope under the Directive Principles of State
Policies. However, in the 65 years history of Indian republic, there are unprecedented
developments of law relating to factories in India.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT