FROM WHEN LABOUR LAW STARTED IN INDIA .

 The development of labour law remains in a large part in the period when industrial production was introduced. The formation and development of factory legislation is regarded as the seed of the creation of labour law. Several authors have though claimed that the legal regulation of labour relations does not originate solely from the development of factory legislation but the modern labour law has several connections with Roman private law and the modern employment contract has, in fact, evolved as a result of the classification of contracts found in Roman law.

For the purposes of distinguishing between private and public law, analyses has always focused primarily on three different options, the first of which goes back to the ancient Roman times, whereas the other approaches are more modern. In some cases, approach motivated by interest as used by Roman jurists has been employed. The state is always interested in maintaining order in the relationships between people. 

Public and Private Law in Applicable Labour Law

It must be kept in mind that a uniform labour code has not been compiled yet and various provisions concerning the field of labour relations have been regulated with individual acts.

What provisions for labour law in India for private companies could be classified as public law or private law provisions?

It is impossible to determine it uniformly as there are many such provisions. In this case, a couple of aspects related to the existence of such provisions could be pointed out. According to 28

If the employer violates the requirement of a written form of the employment contract, he or she shall be liable under public law provisions. On the basis of 28

The Employment Contracts Act, employers shall bear administrative liability, if they fail to formalise the employment contract in writing. The failure to formalise an employment contract in writing shall not entail any consequences with regard to private law. If the employment contract is not formalised in writing, this does not mean that the contract is void.

An employment contract shall be considered concluded even when the employee is permitted to commence work. In such case, the employment contract shall be formalised subsequently with the terms that actually applied. If the employer even then fails to formalise the employment contract according to the prescribed procedure, the employer shall be liable for the failure to perform these conditions according to public law provisions.

 

 

Labour legislation

Social Equity:

Social equity is The first really ‘global’ legal consciousness spread during the second half of the nineteenth century up to the First World War: Classical Legal Thought (CLT). It relied on a sharp distinction between public and private law, freedom of contract, individualism and legal formalism .2 the second globalization of legal thought occurred from the beginning of the twentieth century up until the 1960s. This mode of legal thought attempted to move away from the individualism and liberal foundations of CLT in the first wave of globalization. It advocated that social groups were central both to the formation and the effectiveness of law. Rather than the CLT model of a sovereign state ensuring individual rights, the ‘Social’ model focussed on those institutions between the individual and the state. Social classes, particularly labour and capital became legal subjects, and the aim of the law was to represent the compromise between these social classes. Labour legislation was seen as a central example of this type of law, aiming towards redistribution in the name of social justice.

Social Justice :

The Social globalisation of legal thought between 1900 and 1968. Social justice was important to this model because it represented the idea that justice did not have to be achieved through a set of abstract legal rights which had little to do with the experience of general society. Justice could be achieved through a consideration and involvement of different social groups in the design and application of law. Social justice meant that the labour law in india  could expand to meet social compromise, and was not constrained by the liberal commitment to non‐intervention and the free market under the CLT model. This gave a space for the development of labour law to meet the social compromise of the early twentieth century. New legal forms came to the fore, which recognised the interdependent activities of employers and workers and a need to coordinate those activities in the ‘public interest’ for example social insurance against industrial accidents and compulsory collective bargaining.