The concept of social justice is an integral part of laws regarding laborers. It is based on the basic ideal of socio-economic equality. Industrial adjudication is not confined to administration of justice only, it goes beyond, and it confers rights and privileges which it considers reasonable and justified. The labour laws create rights and obligations between labour and capital which it considers essential for keeping industrial peace.
To smoothen the relation between capitalists and labour the idea of Indian labor conference was conceived and its first session was called in 1942. Various legislative steps were taken to protect interests of industrial labourers. All the laws regarding labour disputes protect only organized labour. There are no laws for unorganized laboures like artisans, construction workers, who are engaged on daily basis.
Even minimum wages act has not helped the unorganized labour. India has now adopted a capitalist mode of economy which is having serious adverse effects on unorganized labour because they have no right of collective bargain. It is the duty of society and judiciary to address the problems of this exploited class of society which needs proper protection.
The unorganized labor is the most exploited section of our society. There are in existence protective laws for labour and industrial workers in organized sector. The unorganized workers be they wage laborers, home based workers, self employed workers with their dependents account for the bulk of our population. They contribute 2/3rd of our national product. 93% of our work force (unorganized labor) is ignored by the government.  Workers engaged in the unorganized sector do not have the benefit of several laws such as the Minimum Wages Act or the Factories Act. They are also not covered by statutory welfare measures such as maternity benefits, provident fund, gratuity, etc
The unorganized sector workers Act 2008 have not helped the unorganized workers. It is strange that recommendation of second labor commission have been totally ignored by states as well as central government. In terms of Minimum Wages Act 1948, Revised on 1-10-10, the minimum wages in central sphere is Rs 160 and in Jammu and Kashmir State it is Rs. 110, while as in Punjab it is Rs 142. The rising prices of essential commodities have further decreased the purchasing power of laborers. They are dispersed, unorganized and generally have no bargaining power. The industrial workers and government employees are well organized under trade union organizations and these laborers can get their wages increased by the right of collective bargain. The unorganized workers social security Act 2008 is not a social security. The people of this country particularly workers are not still entitled to receive minimum standards of social security as laid down in the International Labor organization convention drawn more then 50 years ago. The legislature has not even bothered to define district Administration as laid down in Section 2 of social security Act .Even Anganwadi workers have been kept out of this scheme. The term social security and family must be defined, so that the benefits that are covered by international labor organization, convention on minimum standards of social security. The health insurance as the concept developed in western countries will remain a dream for Indian workers who are exploited by capitalists and politicians. The Indian worker is left at the mercy of nature, when he loses his capacity to work. The stage of old age is a curse for an unorganized laborer. Right now media has been hiking cases for pension updating and one rank one pension but this class of society remains unfortunate for being not represented and heard for their grievances. Apart from administration and legislature, media has also given a blind eye towards this sector because of lack of sensationalism in the issue.  Not only the issue of unorganized labor relates with social security of a particular class it also fosters other social problems like child labor, gender inequality, casualisation of work. Lack of economic security in old age and economic suffrage during disablement after accidents is also giving reason to many cultural workers and artists for switching as a common labourer in organized sector to secure their future in old age and after any inadvertent mishap. In this way it is creating hindrances in cultural and artistic work. It is thus to be understood that immediate attention of central and state government is required to address the grievances of unorganized labour. The national level trade union organizations should also pay attention to the problems of unorganized labour as it remains the only section held by laissez fair even after the 85 years of trade unionism.

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Lastupdate on : Wed, 2 Mar 2011 21:30:00 Makkah time
Lastupdate on : Wed, 2 Mar 2011 18:30:00 GMT
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