Himani after passing of the Professional examination conducted by the MM Professional Institute underwent the requisite training and got the membership of the Institute. She also applied and got the Certificate of Practi

CS Professional · Labour Laws and Practice · PYQS · December 2024
Himani after passing of the Professional examination conducted by the MM Professional Institute underwent the requisite training and got the membership of the Institute. She also applied and got the Certificate of Practice. However, Himani was not sure in which field she should start the practice looking to the competition in each of the area, whether it be the company related issues or taxation and the new comers have to face the challenges too. Himani's father, Rakesh is an Advocate and has been in practice for matters relating to the labour laws. Himani used to spend most of the time in her father's office and observed that there is a good scope in doing practice in labour audit. Rakesh used to discuss with Himani the cases he used to plead in the labour court and most of them were relating to the Provident Fund, Child Labour, Contract Labour, Workmen's Compensation and Industrial Disputes. Rakesh also introduced Himani to some his corporate clients. Very soon Himani was entrusted to do the labour audit for some of the companies on which various provisions of the labour laws applies. One day Himani was invited by the City Law College to address the law students on the topic of the Industrial Relations Code, 2019. Himani agreed and prepared her speech and addressed the law students, faculties and distinguished guests which were present in the seminar. The speech of Himani was well appreciated. During the question-answer session, one of the law students raised a query that Parliament had enacted number of labour laws for regulating employment and conditions of service of workers. Whenever a new law is enacted, it prescribes certain registers to be maintained by the employers and for furnishing of returns of various details to the concerned enforcing authorities. This creates lot of complications on the part of the employer in dealing with compliances of these provisions. Whether the submission of multiplicity of returns can be exempted? Himani also addressed this issue to the satisfaction of concerned students and for the knowledge of the audience. Jhanvi, a law faculty of the college, appreciated the speech given by Himani. She also asked Himani, how India has made specific representation of the major deliberative organ of the International Labour Organisation. Himani also elaborated over this issue. At last, Jhanvi gave the vote of thanks. One day, a case was brought into the knowledge of Rakesh (father of Himani). In this case, there is a factory, in which the workers were agitating against the management and the union leader appealed to the workmen for not going into the factory for work. However, some of the workers ignored the command of the union leader and attended their work schedule in the factory. At the end of the working hours, when the workers (who attended the factory work) were returning to their home, were attacked by other parties and were severally injured. The injured workers asked the management of the factory to provide them the amount of insurance on the plea that it is an employment injury. Based on the given facts, answer the following questions: India has made specific representation of the major deliberative organ of the International Labour Organisation ? Explain.

Answer & Explanation:

India has specific representation of each major deliberative organ of the ILO, namely the International Labour Conferences, Governing Body, and the International Labour Office. The ILO office is located at New Delhi in India. Indian participation in the ILO's organisation and functioning can be understood in terms of its representation and contribution to the ILO. The organ-wise share of India is listed as below- 1. International Labour Conference The International Labour Conference (ILC) has continued to meet at least once each year since 1919, (except during external interference during World War II). The conference adopts the biennial programme and budget, sets out the International Labour Standards through conventions and recommendations. India has participated proactively in these conferences and has also contributed immensely to its membership. Till now the conference has had 4 Indian Presidents in the International Labour Conference, namely Sir. Atul Chatterjee (1927), Shri Jagjivan Ram, Minister for Labour (1950), Dr. Nagendra Singh, President, International Court of Justice (1970) and Shri Ravindra Verma, Minister of Labour and Parliamentary Affairs (1979). India also had 8 Vice Presidents, 2 from the Government, 3 from the Employers and 3 from the Workers' Group. In addition to this, Indian delegates have also chaired the important committees of the conferences. 2. Governing Body India has been holding a non-elective seat on the Governing Body as one of the 10 countries of chief industrial importance since 1922 in the executive wing of the ILO. Indians have also been appointed as the chairmen of the governing body, viz., Sir Atul Chatterjee (1932-33), Shri Shamal Dharee Lall, Secretary, Ministry of Labour (1948-49), Shri S.T. Merani, Joint Secretary, Ministry of Labour (1961-62) and Shri B.G. Deshmukh, Secretary, Ministry of Labour (1984-85). The Governing Body used to function through its committees, with India being a member of all its 6 committees. These committees were - Programme, Planning & Administrative; Freedom of Association; Legal Issues and International Labour Standards; Employment & Social Policy; Technical Cooperation; and Sectoral and Technical Meetings and Related issues. The system of functioning is now based on functioning through various sections. India is a participant in all the proceedings of the sections which are Institutional Section (INS); Policy Development Section (POL); Legal Issues and International Labour Standards Section (LILS); Programme, Financial and Administrative Section (PFA); High level Section (HL); and Working Party on the Functioning of the Governing Body and the International Labour Conference (WP/GBC). 3. The International Labour Office Indians have held important positions at the international labour office, which is the focal point of implementation of decision making. 4. International Labour Standards - ILO Conventions The International Labour Standards are the primary means of bringing about action. They are in the form of convention and recommendations. India has always used the ILO conventions and recommendations as a means of its guiding principle for the creation of national policies. Labour interests have been furthered through legislative and administrative measures based on ILO instruments. As the conventions are legally binding, India has been selective in ratifying them. They are only ratified when they are in consonance with our local laws. However, the recommendations have played an important part for providing a framework. So far, there are 47 ILO conventions and 1 protocol ratified by India. Out of 47 Convention and 1 protocol ratified by India, of which 39 are in force, 5 Conventions and 0 Protocol have been denounced; 4 instruments abrogated. 5. ILO Conventions Ratified by India Around 47 conventions were ratified by India.

Topics: International Labour Law

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