UNIVERSITY INSTITUTE OF LEGAL STUDIES, PANJAB UNIVERSITY

LABOUR LAW PROJECT

TOPIC

Genesis and Objectives of International

Labour Organization

SUBMITTED TO: SUBMITTED BY:

Dr. Virender Negi Monika

Class- BA LLB (10th Sem)

Section- C

Roll no.- 144/19

TABLE OF CONTENTS
TABLE OF CONTENTS.........................................................................................................2
ACKNOWLEDGEMENT........................................................................................................3
INTRODUCTION........................................................................................................................ 4
WHAT IS AN INDUSTRIAL DISPUTE?..........................................................................................4
LABOUR COURTS...................................................................................................................... 5
Qualification for the appointment of a Presiding Officer of the Court..................................5
Disqualifications:...................................................................................................................6
MATTERS WITHIN THE JURISDICTION OF LABOUR COURT.......................................................6
Second Schedule...................................................................................................................6
Does the Labour Court have original jurisdiction to try a dispute?..........................................7
FUNCTIONS OF THE LABOUR COURT:.......................................................................................8
PROCEDURE AND POWERS OF LABOUR COURT.......................................................................9
CONCLUSION.......................................................................................................................... 11
BIBLIOGRAPHY........................................................................................................................12
ACKNOWLEDGEMENT
Towards the beginning of the project, I would like to present my Thanks of Gratitude towards
our Labour Law teacher Dr. Virender Negi sir for giving me such an insightful topic to make a
project report upon.

Also I would like to thank our esteemed Director Prof. Shruti Bedi Mam for providing all the
students with the best possible resources to carry out the research work with convenience.

Lastly I would also thank my parents and friends for helping me out with the necessary
information that I required to compile my project report and to put my thoughts into words.

- Monika
Introduction

The history of any country begins with the study of evolution of man as a human being. The
primitive society is engraved with the principle of „Law of might‟ which was the only right
prevailing among the humanity. The trend has ripened the system of slavery all over the world.
The class struggle which had started initially among individuals living in a society, in turn, led
to national and international struggles causing disturbance to universal peace and happiness.
The same holds good to Indian conditions.

The British colonial rule had changed the various facets of Indian way of life. During their
regime the Indian workers were deprived of all basic human rights and put to work under
abnormal and inhuman conditions. Establishment of the ILO in 1919 had, no doubt brought
about a ray of hope amongst the Indian working class in improving their lot and relieving them
from the clutches of their masters. Indeed the Constitution of India appears to bear a close
resemblance to that of the ILO‟s, since both these Constitutions enshrine the universal
principles of freedom, dignity of individuals, quality in living, social justice and peace.

There can be no true social and economic freedom without certain civil liberties. In the words
of Universal Declaration of Human Rights, “recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is the foundation of freedom, justice
and peace”. In the present day highly industrialized world full recognition and effective respect
for human rights assume great importance and labor standards become necessary corollary of
human rights; and both human rights and labor standards tend to become increasingly
international in character.

The present labor legislation either in India or elsewhere is the result of the impact of the ILO
Conventions. Keeping in view the speedy and world-wide industrial development stimulating
scientific and technological research and innovations, liberalization and globalization of labor
markets it would not have been possible for the national governments to enact the required
beneficial legislation to meet the internationally agreed labor standards without the guidance
and assistance from an international organization like the ILO.
Thus, the role played by the ILO in setting International Labor Standards (ILS) is very
important. ILS is set in the form of conventions and recommendations for promotion of
industrial harmony in the member countries and also by identifying and encountering
impediments in the ratification process of these conventions and recommendations.

International Labour Organization

The International Labor Organization (ILO) is a United Nations agency whose mandate is to
advance social justice and promote decent work by setting international labor standards. It was
the first specialized agency of the UN. The ILO has 187 member states: 186 of the 193 UN
member states plus the Cook Islands (South Pacific) are members of the ILO. The tripartite
structure is unique to the ILO where representatives from the government, employers and
employees openly debate and create labor standards.

The International Labor Office is the permanent secretariat of the International Labor
Organization. It is the focal point for International Labor Organization's overall activities,
which it prepares under the scrutiny of the Governing Body and under the leadership of the
Director- General.

In 1969, the ILO received the Nobel Peace Prize for improving fraternity and peace among
nations, pursuing decent work and justice for workers, and providing technical assistance to
other developing nations. Fifty years later to mark the organization‟s centenary, it convened a
Global Commission on the Future of Work, whose report, published in January 2019, made ten
recommendations for governments to meet the unprecedented challenges of a changing world
of work. Those included a universal labor guarantee, social protection from birth to old age and
an entitlement to lifelong learning.

The International Labor Organization has developed a system of international labor standards
aimed at promoting opportunities for women and men to obtain decent and productive work, in
conditions of freedom, equity, security and dignity.

History of the ILO

The International Labor Organization (ILO) was established on April 19, 1919 at Versailles
Peace Conference as an autonomous body. It was the labor wing of the League of Nations. It
was born as a result of the peace conference at the end of World War I at Versailles. India
joined as one of the founder-members of ILO in 1919, as an original signatory to the treaty of
peace. The ILO was the only international organization that survived the Second World War
even after the dissolution of its parent body the League of Nations. It became specialized
agency of the United Nations in 1946. The ILO is a new social institution trying to make the
world conscious that world peace may be affected by unjust conditions of its working
population. It deals with international labor problems. The unique feature of ILO is that it is a
tripartite body consisting of representatives of employers, labor and government.

The work of International Labor Organization has been shaping a system of international
industrial jurisprudence which commands a special consideration. The work consists of
“obtaining a wide measure of agreement on basic labor standards and of providing guiding
principles of policy and administration” throughout the world. It consists of securing for all the
workers in all the nations around the world better economic and social conditions of industrial
life by promoting beneficial national industrial legislation. In other words, it consists of creating
a better industrial world by means of formulating an ideal international Code of employer-
employee relationship. In recent years the issues of greatest concern to the ILO have been
related to three central objectives of social policy; the raising of living standards, the promotion
of social security and welfare, and the pursuit of human rights and equality of opportunity. The
setting up of ILO in 1919 had significant impact on both shaping of the labor law and policy
and trade union movement in India.
Factors responsible for the Growth of International Labor
Organization
The driving forces for ILO‟s creation arose from security, humanitarian, political and economic
considerations. Summarizing them, the preamble to the Constitution of ILO says the high
contracting parties were moved by sentiments of justice and humanity as well as by the desire
to secure permanent peace of the world. There was keen appreciation of the importance of
social justice in securing peace, against a background of exploitation of workers in the
industrializing nations of that time. There was also increasing understanding of the world‟s
economic interdependence and the need for cooperation to obtain similarity of working
conditions in countries competing for markets.

The World War I brought in to prominence the share taken by working class in national defense
and national life. It brought in to prominence the role of the industrial workers in the task of
maintaining world peace and order. But, actually there existed industrial oppression and unfair
competition all over the world at the close of the war. Conditions of labor existed involving
such injustice, hardship and privation to large number of people as to produce unrest so great
that the peace and harmony of the world were imperiled. Also the failure of some of the nations
to adopt human conditions of labor was an obstacle in the way of other nations which desired to
improve the conditions in their own countries.

Under these circumstances it was realized that the permanent world peace cannot be assured by
the establishment of political and economic justice alone, and that the establishment of social
justice, ensuring equitable conditions of labor was absolutely essential for the purpose. It was
also recognized that the well-being, physical, moral and intellectual, of the industrial workers
was of supreme international importance in this connection and, therefore, the improvement of
their conditions was urgently required by methods like the regulation of the hours of work,
including the establishment of maximum working day and week, the regulation of labor supply,
the prevention of unemployment, the provision of an adequate living wage, the protection of the
worker against sickness, disease and injury arising out of his employment, the protection of
children, young persons and women, provision for old age and injury, protection of the interest
of workers when employed in countries other than their own, recognition of the principle of
freedom of association, and the organization of vocational and technical education.

All these factors led to the establishment of the ILO in the year 1919, as part of the organization
of „League of Nations‟ which survived even after the dissolution of League of Nations has a
specialized agency of the United Nations. There are three constituents of ILO, namely, the
governments which finance it, the workers for whose benefit it is created and the employers
who share responsibility for the welfare of workers.

It was created in 1919, as part of the Treaty of Versailles that ended World War I, to reflect the
belief that universal and lasting peace can be accomplished only if it is based on social justice.

The Constitution of the ILO was drafted in early 1919 by the Labor Commission, chaired by
Samuel Gompers, head of the American Federation of Labor (AFL) in the United States. It was
composed of representatives from nine countries: Belgium, Cuba, Czechoslovakia, France,
Italy, Japan, Poland, the United Kingdom and the United States.

The process resulted in a tripartite organization, the only one of its kind, bringing together
representatives of governments, employers and workers in its executive bodies.

The driving forces for the ILO's creation arose from security, humanitarian, political and
economic considerations. The founders of the ILO recognized the importance of social justice
in securing peace, against a background of the exploitation of workers in the industrializing
nations of that time. There was also increasing understanding of the world's economic
interdependence and the need for cooperation to obtain similarity of working conditions in
countries competing for markets.

Reflecting these ideas, the Preamble of the ILO Constitution states:

 Whereas universal and lasting peace can be established only if it is based upon social
justice;
 And whereas conditions of labor exist involving such injustice, hardship and privation to
large numbers of people as to produce unrest so great that the peace and harmony of the
world are imperiled; and an improvement of those conditions is urgently required;
 Whereas also the failure of any nation to adopt humane conditions of labor is an obstacle in
the way of other nations which desire to improve the conditions in their own countries.
The areas of improvement listed in the Preamble remain relevant today, including the regulation
of working time and labor supply, the prevention of unemployment and the provision of an
adequate living wage, social protection of workers, children, young persons and women. The
Preamble also recognizes a number of key principles, for example equal remuneration for work
of equal value and freedom of association, and highlights, among others, the importance of
vocational and technical education.

Early years
The ILO moved to Geneva in the summer of 1920, with France's Albert Thomas as its first
Director. Nine International Labor Conventions and 10 Recommendations were adopted in less
than two years. These standards covered key issues, including:

 hours of work ,
 unemployment ,
 maternity protection ,
 night work for women ,
 minimum age and
 Night work for young persons.

A Committee of Experts was set up in 1926 to supervise the application of ILO standards. The
Committee, which still exists today, is composed of independent jurists responsible for
examining government reports and presenting each year to the Conference its own report on the
implementation of ILO Conventions and Recommendations.

The Great Depression, with its resulting massive unemployment, soon confronted Britain's
Harold Butler, who succeeded Albert Thomas as Director in 1932. Realizing that handling labor
issues also requires international cooperation, the United States became a Member of the ILO in
1934, although it continued to stay out of the League of Nations.

The American, John Winant, took over as head of the ILO in 1939 - just as the Second World
War was imminent. He moved the ILO's headquarters temporarily to Montreal, Canada, in May
1940 for reasons of safety.

His successor, Ireland's Edward Phelan, had helped to write the 1919 Constitution and played
an important role once again during the Philadelphia meeting of the International Labor
Conference in the midst of the Second World War.

Government delegates, employers and workers from 41 countries adopted the Declaration of
Philadelphia as an annex to the ILO Constitution. The Declaration still constitutes the Charter
of the aims and objectives of the ILO. The Declaration sets out the key principles for the ILO‟s
work after the end of World War II. These include that “labor is not a commodity”, and that “all
human beings, irrespective of race, creed or sex, have the right to pursue both their material
well- being and their spiritual development in conditions of freedom and dignity, of economic
security and equal opportunity“.

ORIGIN

While the ILO was established as an agency of the League of Nations following World War I,
its founders had made great strides in social thought and action before 1919. The core members
all knew one another from earlier private professional and ideological networks, in which they
exchanged knowledge, experiences, and ideas on social policy. Prewar "epistemic
communities", such as the International Association for Labor Legislation (IALL), founded in
1900, and political networks, such as the socialist Second International, were a decisive factor
in the institutionalization of international labor politics.

In the post–World War I euphoria, the idea of a "makeable society" was an important catalyst
behind the social engineering of the ILO architects. As a new discipline, international labor law
became a useful instrument for putting social reforms into practice. The utopian ideals of the
founding members - social justice and the right to decent work - were changed by diplomatic
and political compromises made at the Paris Peace Conference of 1919, showing the ILO's
balance between idealism and pragmatism.

Over the course of the First World War, the international labor movement proposed a
comprehensive programme of protection for the working classes, conceived as compensation
for labor‟s support during the war. Post-war reconstruction and the protection of labor unions
occupied the attention of many nations during and immediately after World War I. In Great
Britain, the Whitley Commission, a subcommittee of the Reconstruction Commission,
recommended in its July 1918 Final Report that "industrial councils" be established throughout
the world. The British Labor Party had issued its own reconstruction programme in the
document titled Labor and the New Social Order. In February 1918, the third Inter-Allied
Labor and Socialist Conference (representing delegates from Great Britain, France, Belgium
and Italy) issued its report, advocating an international labor rights body, an end to secret
diplomacy, and other goals. And in December 1918, the American Federation of Labor (AFL)
issued its own distinctively apolitical report, which called for the achievement of numerous
incremental improvements via the collective bargaining process.

AIMS & OBJECTIVES OF ILO

“Promoting Jobs, Protecting People”

The aims and objectives of ILO are enumerated in the preamble to its Constitution and in the
Declaration of Philadelphia (1944) supplemented by Ar. 447 of the Peace Treaty of Versailles
(1919). The Preamble affirms:
“whereas universal and lasting peace can be established only if it is based upon social justice
and whereas conditions of labor exist involving such injustice, hardship and privation to large
number of people as to produce unrest that the peace and harmony of the world is imperiled,
and an improvement of those conditions is urgently required; Whereas also the failure of any
nation to adopt humane conditions of labor is an obstacle in the way of other nations which
desire to improve the conditions in their own countries”

During the Second World War a Conference was convened at Philadelphia and the aims of ILO
were redefined. This is known as „Declaration of Philadelphia‟. This was incorporated in the
Constitution of ILO. The Conference reaffirmed the principles of ILO, namely,

(i) Labor is not a commodity;

(ii) freedom of expression and of association are essential to substantial progress;
(iii) poverty constitutes a danger to prosperity everywhere;
(iv) The war against want requires to be carried on with unrelenting vigor within each nation,
and by a continuous and concerted international effort in which the representatives of
workers and employees enjoying equal status with those of governments in free
discussion and democratic decision with a view to the promotion of the common welfare.

The Declaration of Philadelphia enunciated 10 objectives which the ILO was to further and
promote among the nations of the world. These are:

(i) Full employment and raising of standards of living

(ii) The employment of workers in the occupation in which they can have the satisfaction of
giving the fullest measure of their skill and make their contribution to the common well-
being.
(iii) The provision, as a means to the attachment of this end and under adequate guarantees for
all concerned, of facilities for training and the transfer of labor including migration for
employment and settlement.
(iv) Policies in regard to wages and earnings, bonus and other conditions of work calculated
to ensure a just share of the fruits of progress to all and a minimum living wage to all
employed and in need of protection.
(v) The effective recognition for the right of collective bargaining, the cooperation of
management and labor in continuous improvement of productive efficiency and the
collaboration of workers and employers in social and economic measures.
(vi) The extension of social security measures to provide a basic income to all in need ofsuch
protection and comprehensive medical care.
(vii) Adequate protection for the life and health of workers in all occupations.
(viii) Provision for child welfare and maternity protection
(ix) The provision of adequate nutrition, housing and facilities for recreation and culture.
(x) The assurance of educational and vocational opportunity.

The International Labor Organization (ILO) is devoted to promoting social justice and
internationally recognized human and labor rights, pursuing its founding mission that social
justice is essential to universal and lasting peace.

Only tripartite U.N. agency, the ILO brings together governments, employers and workers
representatives of 187 member States, to set labor standards, develop policies and devise
programmes promoting decent work for all women and men.

Today, the ILO's Decent Work agenda helps advance the economic and working conditions
that give all workers, employers and governments a stake in lasting peace, prosperity and
progress.

Four strategic objectives at the heart of the Decent Work agenda:

 Set and promote standards and fundamental principles and rights at work.
 Create greater opportunities for women and men to decent employment and income.
 Enhance the coverage and effectiveness of social protection for all.
 Strengthen tripartism and social dialogue.
 Unmatched expertise and knowledge about the world of work

In support of its goals, the ILO offers unmatched expertise and knowledge about the world of
work, acquired over almost 100 years of responding to the needs of people everywhere for
decent work, livelihoods and dignity. It serves its tripartite constituents - and society as a whole
- in a variety of ways, including:
 Formulation of international policies and programmes to promote basic human rights,
improve working and living conditions, and enhance employment opportunities.
 Creation of international labor standards backed by a unique system to supervise their
application.
 An extensive programme of international technical cooperation formulated and
implemented in an active partnership with constituents, to help countries put these policies
into practice in an effective manner.
 Training, education and research activities to help advance all of these efforts.

ILO and International Labor Standards

One of the important activities of the ILO is the formulation of International Labor Standards –
a compendious term to describe Conventions and Recommendations. The idea of international
standard-setting was first considered in the 19* century among the Western countries, both for
reasons of providing human conditions of work and also for preventing unfair advantage to
employers in countries whose municipal laws did not regulate working conditions. Thus the
impetus to set standards governing working conditions was born of both the bourgeoning
workers‟ movement and the interests of capital to prevent a „race to bottom.‟ Similar
arguments continue to be present in the debates over international standards today. A human
rights based discourse that bases itself on the dignity of the worker and the need to provide for a
decent life are voiced in defense of ILS together with those who also point out that there are
economic, social and moral advantages of adhering to a system of ILS. On the question whether
observance of ILS hinders economic progress, the ILO has sponsored studies to show how
labor standards do not restrict, but on the contrary, through regulation, can assist in economic
development. The relevance of standards is under attack in recent years as it is seen to be a
factor responsible for increasing labor costs and thus reducing competitiveness in international
trade. The ILO has rejected this view and taken the view that labor standards are enabling
devices for superior economic outcomes.
International Labor Organization and India

The Indian approach to labor problems has undoubtedly been fashioned by the developments
with in India. However, the development of Indian labor policy and the bulk of labor legislation
have taken place during a period when the ILO has also been in existence. The ILO has been
one of the factors that have contributed and helped shape policy in India from amongst the
numerous other factors influencing policy formulation and legislation. Once ILO adopts
Conventions and recommendations these standards become part of international labor law,
which constitutes an international bench mark that national policy makers seek to attain. The
existence of these standards exerted influence upon the judiciary also.

The Indian legal system has been subject to various influences in the past. The present day legal
system in India has been largely fashioned by British following their entry in to the country in
1600 and the long period of their colonial rule.

The 20th century especially the period during the framing of India‟s Constitution (1946-49) has
seen other influences operating on Indian law and policy. It had the influence of American,
Irish, and Australian constitutions in the framing of India‟s Constitution. The late 19th and 20th
centuries have witnessed the growth of modern industry, which has served as a catalyst for the
development of labor legislation and enunciation of labor policy.

India has been a founding member and member of the Governing Body of the ILO since 1922.
India‟s uninterrupted role in the ILO has meant that access to the ILO standards has been
available at all times while formulating its labor legislation and labor policy. The ILO has
played a vital role in influencing to varying degrees over time, the form, and substance of not
only specific laws and policies but also on legal ideas and institutions as they evolved in India.
This influence goes hand in hand with the influence of member state in determining the
direction of die ILO itself.

The development of labor law and policy in India has taken place in the period of the
development of the international labor standards of ILO at the world level. The presence of ILO
has been influential in shaping the growth of Indian law and policy in this area. The impact of
Mahatma Gandhi in the area of labor matters and the settlement of disputes between capital and
labor has also played a crucial role in the outlook of labor legislators, administrators, employers
and trade unionists in this period.

The ILO was established to secure fair and humane conditions of labor and to promote better
relationship between the employers and the employees all over the world. It was established to
bring about a better international order in the industrial legislation of the world and to give to
the worker his just and proper place in the law of the nations. India as a founding member of
ILO has been taking active part in its deliberations. By the end of 1982 ILO had adopted 173
Conventions and 180 Recommendations. Out of 173 Conventions India had ratified 35 by the
end of 1992. The Conventions ratified by India have been incorporated in the existing labor
legislations. Conventions not ratified by India have been indirectly guided and shaped the
Indian labor legislation in a far reaching manner. The ILO standards have decisive impact on
the factory, mines, social security and wage legislations.

ILO has adopted several Conventions and recommendations related to subjects like
employment of women, children, young persons, holidays, weekly rest, hours of work, night
work, industrial safety, health, social security, wages and wage fixation, obligation and duty of
the government of the member nations to reform the labor legislation. A study of labor laws
passed in India since 1919 would certainly reveal what a considerable impact the ILO‟s
Conventions had in the field of Indian labor legislation. The impact on Indian labor legislation
before 1932 was direct and tangible as they have played a significant role in initiating Indian
labor legislation. The modus operandi was to ratify a convention and with this ratification the
consequential labor legislation would follow.
Many principles of ILO are also reflected in the Constitution of India in the form of „Directive
Principles‟ of State Policy. The existence number of ILO Conventions and recommendations
are not an adequate measurement of the ILO‟s impact on the Indian labor legislation. As most
of the basic aims, objectives and principles of the ILO‟s Conventions and recommendations
have found their acceptance in the Indian labor legislation. Even the unratified Conventions and
recommendations have this impact on the Indian labor laws and policies in the form of Indian
Labor Acts. The standards set with the ILO have always taken in to consideration before any
labor legislation is undertaken in India.

The ratification of Conventions and recommendations by the member nations is important, but
their implementation is also very essential. As after ratification the nation is legally bound to
implement the convention although the recommendations only serve as the guides for national
action. Generally the Conventions and recommendations ratified by India so far, deals with the
improvement in the working and living conditions of the Indian workers in our country. Due to
the impact of ILO Conventions on Indian labor legislation many industrial Acts have been
enacted. Some such Acts are the Factory Act, 1922; the Ports Act, 1908, the Employment of
Children Act, 1938; the Mines Act, 1952; the Indian Dock Laborers Act, 1934; the Workmen‟s
Compensation Act, 1923; the Indian Railways (Amendment) Act, 1930 and the Maternity
Benefit legislations etc.
BIBLIOGRAPHY
 Ahmedullah Khan: Commentary on the International Labour Organization and the
Indian Response.
 Kamala Sankaran: Freedom of Association in India and International Labour Standard
N.N Kaul, India and International Labour Organization, Metropolian Book, Delhi, 1956.
 Steve Hughes And Nigel Haworth: The international Labour Organization (ILO),
published by Routledge Global Institution.
 Jean Michel Servais, International Labour Organization (ILO), published by Kulwer
Law
 Constitution of International Labour Organization and Standing Order of International
Labour Conference, International Labour Organization Office, 1973.