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Labour Legislatio~is Relating to Construction Industry

Construction industry thrives basically on migratory labour which has the problem of survival predominantly in their mind. Beiiig low in skills and having no local contact,they have no bargaining power as a result of which whatever is offered to them, is instantly accepted with a high degree of gratitude to their employer. The tendency of the employer is to get their work done at the earliest by adopting all kind of slip short leQods including noii-conipliance of various labour laws. Large number of labour laws dealing with variety of issues, high degree oflack of awareness not only on the part of workers but also on the part of employer, are largely responsible for total confusion.Unorga~iised iabour with virtually no bargain in^ power, inefficient and highly indifferent law enforcing agencies a i d corrupt practices adopted by employers and contractors, are shine of the tnajor reasons for poor iinplemelitatioil of various labour legislations in construction industry.

Problems in Implementation
Human resource is increasingly realised by more and more organisations all over the country as the most vital resource. With the growth and development of technology,industries and cconomy, the human relations are increasingly becoming complex and difficult to understand. Some industries are still struggling at the level of sustaining their relationship wlth its employees to the bare minimum extent by nlerely fulfilling their obligations under various labour laws. More progressive organisations have taken many steps ahead of this stage and are thriving to achieve not only worker's participation in management but are also working towards achievement of participative work culture. The construction industry seems to be worse than even those industries which have at least achieved the target of fulfilling their obligations under various labour laws.Labour laws constitute and govern a sizeable component of the inclustr~al relations in construction industry. It lays down the bare ~nininlum legal requirement covering various working conditmns of workmen. It has a deep impact and influence on the day-to-day working with employees. As per the Preamble of the lndian Constitution, the Government of India is committed to develop the country as a Socialist, Sovereign, Secular,Democratic Republic by following various Directive Principles of State Policy. These principle are enunierated in Article 36 to Article 51 of the Constitution and protects and promotes the interest of the working class by securing then1 just and humane conditions of work. The various labour laws enacted by Government of lndia after independence are steps in that direction.Tlle subject of labour is in the third schedule attached with the Constitution.

It is also known as Concurrent List. Therefore, both Central as well as State Governments are competent to enact legislations on this subject: Normally, on each aspect of working, the Central Government takes lead and first enacts the legislation. It acts as a model for the state legislation on the subject which with nzinor variations adopts the same keeping in mind the local conditions 'and custonls.Central tradc unions including lNTUC, AITUC. BMS, HMS, CITU and Employer's Association including Mill C)wner's Association of India, Indian Federation of Emnployers, FlCCI, ASSOCHEM and now CII, Indian Labour Conference, Judiciary through its various judicial pronouncements have played a leading role in formation and enactment of various labour laws. Though slow, it has been amended from time to time with thc changing social, political, economic and technological conditions of the counlry. With the waves of liberalisation sweeping the entire country and advent of various multinationals, the labour laws are once again on the threshold of major changes. Various international agcncies have been asking for a free hand in dealing with enlployees. Central trade unions have been asking to remove thc monetary ceiling on the saiwies of employees fix coverage u~lcler vilrious lal~our laws.

The clcploymcnl ot m;lnpower which includes temporary. casual and contractual labour,coustilules a sizeable numnt)er of workforce in construction ~ndustry ol lei1 at the cost of violation ot various labour laws, The einployers in our country have to take a balanced approach to ensure that not only their operations are carried out smoothly and profitably but also they should meet the requirement under various labour laws. They should not only fulfil their social responsibility hut also provide just and hunlane condit~ons of work L o their elllployees.

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