International Journal of Recent Technology and Engineering (IJRTE)

ISSN: 2277-3878, Volume-8 Issue-2S4, July 2019

Provisions Of Labour Law To Safeguard The

Interest Of Female Workers To Ensure
Equality In India
Sony Kulshrestha

 State has resulted in number of protective, beneficial and

Abstract: The jurisprudence of economic development has health provisions made in various enactments for the benefit
demonstrated the vigorous role of industrial laws as an instrument of woman.
of societal and economic justice. Social justice means the
attainment of socio-economic objectives laid down by the Recently in the case of Anshu Rani v. State of UP (2019)
legislature. Financial soundness is the base of principle of
the Allahabad High Court held that a woman employee is
equality of female workers. For a long time, female workers were
discriminated in matters of employment and it was felt that gender entitled to maternity leave for a full period of six months.
equality did not find its fulfilment even at the hands of judges. If,
we really want to upgrade the status of female workers we have to The Supreme court in Associate Banks Officers
apportion major significant roles to them. Female are biologically Association v. State Bank of India1 explained of the principle
different from males so here equality denotes the equal role “equal pay for equal work” meaning by no discrimination
considering this condition but difference in term of wages is should be there between male and female worker with respect
discrimination. The problem was taken care of by enacting to the wages of their equal work in the same organisation. In
numerous pro female worker provisions like the Maternity Benefit
Act, 1961 with the Amendment Act of 2017 and the Equal
India, the equal remuneration to male and female workers and
Remuneration Act, 1976 etc. The Constitution of India also is meant to prevent discrimination on the ground of sex,
directed the State to make special provisions in favour of them. against female workers in the matter of employment.
The Supreme Court by interpreting of articles fourteen, fifteen
sixteen and twenty-one of the Indian Constitution has intended In labour law there are number of provisions which are
significantly to ensure gender justice and no discrimination policy enacted and incorporated for the benefit of female workers,
in employment matters. With the above introduction the such as:
researcher in this research paper wants to highlight the provisions
a. Equal Remuneration for Men and Female workers
of Labour Laws related to female workers and how it is ensuring
and sustaining the socio- economic justice and equality to b. Maternity Benefit
maintain the dignity and raise the standard in our society. To c. Employees’ State Insurance
justify its observation; the researcher has gone through the d. Factory Employment
various statutory enactments, reviews, the report of various social e. Mines Employment
welfare agencies and the interpretation done by judiciary in
number of cases.
f. Sexual Harassment of Female workers at Workplace

Keywords: Employment, Enactments, Industrialization, a. Equal Remuneration for Men and Female workers
Inequality, Socio-economic, Sustain. i. The Equal Remuneration Act, 1976: The
INTRODUCTION Constitution of India in its Article 39 of directive
In the sphere of Labour Law, the female workers have principles of state policy explicitly directs the States
been assigned a special position in view of their unique to make provisions to ensure equal pay for equal work
characteristics mentally and physically. for both male and female workers. For the said
purpose, Equal Remuneration Act, 1976 has been
The law of the land ie. The Constitution of India contains
enacted.
number of provisions to prohibit gender based discrimination
ii. Object: To maintain the equality between male and
and interest of the woman. The preamble specifically declares
that main purposes of the constitution is to secure justice female worker by paying them equal pay for equal work
whether it is economic, social or political and also the of a similar nature.2
opportunity and status equality to all the citizens. This is
irrespective of the sex. This specific mandate given to the iii. Equal Work: To decide the concept of equal work there
are number of factors like skills, nature and condition of
work. These factors should be taken care of before
Revised Manuscript Received on July 05, 2019.
rationally distributing
Dr. Sony Kulshrestha Associate Professor, School of Law,
Manipal University Jaipur

Published By:
Retrieval Number: B11920782S419/2019©BEIESP Blue Eyes Intelligence Engineering
DOI: 10.35940/ijrte.B1192.0782S419 975 & Sciences Publication
 PROVISIONS OF LABOUR LAW TO SAFEGUARD THE INTEREST OF FEMALE WORKERS TO ENSURE
EQUALITY IN INDIA
the responsibility and to avoid discrimination.3 In doing entitled to claim for as per the provisions of the Act.
so the duties actually and generally performed by men The maximum period for maternity benefit is 26
and female workers and not theoretically possible, weeks of which maximum 8 weeks shall be afore the
should be looked at. date of her anticipated delivery.5
In Air- India v. Nergesh Meerza4, there was the question In a landmark judgment in the case Municipal
of unequal post-retirement benefits between the air Corporation of Delhi v. Female Workers (Muster
hostesses and assistant flight members though their work Roll)6 the Supreme Court declares that both regular
is more or similar. The Supreme Court held that: female employees and those engaged on casual base
“If at the threshold the basic requirements of two classes or those who are on daily wage base on muster roll
are absolutely different and poles apart even though both are entitled to the maternity assistance under the
the classes may during the flight work as cabin crew, they Maternity Benefit Act, 1961 and Amendment Act of
would not become one class of service.” 2017.
The ground of difference was based upon the iv. Other Benefits: Leave for medical termination of
requirement and conditions of service not upon or based pregnancy or miscarriage, payment of medical
on the sex. So this was not the case of discrimination. bonus, leave with wages for tubectomy operation,
iv. Penalties: The punishment under this provision for leave for illness due to pregnancy, delivery etc.,
committing any act by employer which is listed below is nursing breaks and no discrimination during absence
minimum ten thousand rupees fine which may increase to of pregnancy.
twenty thousand or imprisonment of three months to one v. Penalties: If any organization/ employer fails to pay any
year or both for first offence. For the second or amount (legally acquired by her) of maternity benefit to
subsequent offence the employer may be imprisoned up a woman under this Act, the punishment for the act is
to two years. minimum 3 months to maximum one year and fine also.
The acts which are in contravention of this Act: If an employer obstructs the Inspector or any other
(a) Making any recruitment. authority appointed by the government under this Act
(b) Making any unequal payment of remuneration from implementing the provision of this Act, the same is
for similar nature work to male and female workers. an offence and is punishable. Thus this Act creates
(c) Making any discrimination between men and special offences in so far as non-implementation of the
female workers. or provision of this Act is concerned.
(d) Under s.6 of the Act, if employer is omitting or c. Employees’ State Insurance
failing to carry out any directions made by the The Employees’ State Insurance Act, 1948: In
Appropriate Government. case of illness, maternity, physical disablement whether
temporary or permanent; the workers are worried about
their source of income, the Employees’ State Insurance
Act, 1948 provides them a security of income in case of
any contingency by protecting their interests. The Act
b. Maternity Benefit also guarantees reasonably good medical care to workers
and their immediate dependants. Following the
i. The Maternity Benefit Act, 1961 and The promulgation of the Employees’ State Insurance Act the
Maternity Benefit (Amendment) Act, 2017: The Central Govt. set up the Employees’ State Insurance
parliament has passed the Maternity Benefit Act in Corporation to administer the Scheme. On February 24th
the year 1961 in pursuance of the constitutional 1952 this scheme was implemented at Deldi and Kanpur.
provision under Article Forty-two which guides the The benefit provided to the employees under the Act are
State to inculcate the norms for ensuring fair and also in conformity with International Labour
humanitarian environment of work and for maternity Organization conventions.
aid/relief/benefit.
d. Factory Employment
ii. Object: Female are biologically different from male
The Factories Act, 1948: S. 27 of the Act, “no
because they are blessed with their child birth
woman or child shall be employed for pressing cotton in
capability. During this period, they need special care any part of a factory in which a cotton opener is at work.”
but with no economic loss that’s why the parliament The reason for such a provision appears to be safeguard
enacted this Act to provide maternity and other the life and limbs of the woman and child employed. S.
benefits during certain period (Before and after child 48 of the Factories Act states that in each factory where
birth). exceeding the number of thirty female workers are
iii. Maternity Benefit: It denotes the monetary benefits usually employed, for their children those who are below
which can be calculated as the average of her daily six years of the age, comfortable rooms/ space should be
wage during the time of actual absence what she is given to daily care of

Published By:
Retrieval Number: B11920782S419/2019©BEIESP Blue Eyes Intelligence Engineering
976 & Sciences Publication
DOI: 10.35940/ijrte.B1192.0782S419
 International Journal of Recent Technology and Engineering (IJRTE)
ISSN: 2277-3878, Volume-8 Issue-2S4, July 2019

those children. The appointment of a well-trained such as: asking for written apology by giving him
woman is the duty of employer to take care of the infants warning,
and children of those working females in that factory. To iii. stopping the promotion, if there are no such
maintain the hygiene, is the prima facie duty of the service rules then the organisation can ask for any
employer. Thus S. 48 imposes a statutory compulsion on disciplinary action including written apology,
the employers to afford the crèche facility for the warning, reprimand, condemnation, withholding
children of female workers. U/s 19(1) there is a
of any or every monetary benefit including salary
provision of providing to workers in entire factory
hike or termination of his services. The employer
working hours “prescribed type sufficient latrine and
urinal accommodation. may also suggest him for counselling sessions;
and
e. Mines Employment iv. the employer can compensate the compensation
The Mines Act, 1952: Female workers are not given to the female employee who is aggrieved
allowed to do work beyond the duration ie. between 6 am from his wages.
and 7 pm in a mine which is below the ground.7 Again
the section says that if a woman is employed above the CONCLUSION
ground in a mine even though there is restriction on her Equality composes the basic structure of Indian
working hours ie. There should be an interval of 11 Constitution. For the protection of those the parliament and
hours between the termination of one-day employment state legislatures are empowered to make laws and ensure
and starting of second day employment. This is to their enforcement. The legislature has enacted ample of laws
enabling the woman employee to avail sufficient rest specially under labour laws to secure financial equality of man
between two successive working days. and women by providing special benefits to the female
workers. Beside these special benefits the female workers also
f. Sexual Harassment of Female workers at enjoy common benefits which are available to both the male
Workplace as well as female employees working in same industries. They
include abolition of bonded labour system, prohibition of
The Sexual Harassment of Female workers at
child labour, insurance of workers, provident fund, gratuity,
Workplace (Prevention, Prohibition and
weekly holidays, canteen facilities, rest rooms and medical
Redressal) Act, 2013: Equality includes the equal
benefits etc. This list only illustrative in nature and exhaustive.
work environment safe for male and female workers
Their natural disadvantages and unique features of
both. Any kind of harassment is strictly prohibited
motherhood, justifies the requirement of special labour law
whether mental or physical or sexual. To safeguard
provisions and the Indian Constitution which provides in its
the interest of female workers at work place
Article 15 (3) that the State may make special provisions for
parliament has enacted this Act. Article 14,15 and 21
the woman and children. All the above provisions have been
of The Indian Constitution gives us the right to
made in pursuance of the power conferred on the State by
quality and right to life and personal liberty as
virtue of the above fundamental rights.
fundamental rights, sexual harassment at workplace
violates these rights. It creates an insecure and
REFERENCES
unhealthy work environment for female workers with
Books/Articles:
loads of stress, uncertainty and depression which is
1. Mamta Rao, Law relating to Female workers and
affecting the health of female worker and adversely
Children, 4th Edition, Lucknow: Eastern Book Company,
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As per the Vishaka judgment 8 , ‘Sexual
2. G. B. Reddy, Female workers and the Law, 9th Edition
Harassment’ is a vast terminology which includes
rep., Hyderabad: Gogia Law Agency, 2018.
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Journals:

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DOI: 10.35940/ijrte.B1192.0782S419 977 & Sciences Publication
 PROVISIONS OF LABOUR LAW TO SAFEGUARD THE INTEREST OF FEMALE WORKERS TO ENSURE
EQUALITY IN INDIA
8. Journals: "Supreme Court Cases (Labour &
Services)". SCC(L&S). Lucknow: EBC, 2015. (Monthly).
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Dr Sony Kulshrestha is an
Associate Professor in the School of
Law, Manipal University Jaipur. She
qualified NET (JRF) conducted by
UGC in the year 2008. Dr Kulshrestha
obtained her PhD in Law from the
University of Rajasthan in 2012.

She is a corporate law expert with

over ten years of teaching and administrative experience. She has
successfully coordinated seven National Moot Court Competitions.
She has been instrumental in organizing Legal Awareness Camps in
the surrounding villages. In her present role, she assists the School
of Law in developing alliances with institutes, academicians,
professionals and corporates and contributes to academics and
research. She has published 14 research papers in peer reviewed
journals and 4 book chapters. Currently she is guiding 06 research
scholars from which two have presented their pre-synopsis.
Prior to joining MUJ, she was associated with the University Five
Year Law College (University of Rajasthan) for over five years and
had successfully handled multiple and diverse responsibilities.

Published By:
Retrieval Number: B11920782S419/2019©BEIESP Blue Eyes Intelligence Engineering
978 & Sciences Publication
DOI: 10.35940/ijrte.B1192.0782S419