The Dissertation to be Submitted to
MJRP ACADEMY OF LAW
Constituent college of
MAHATMA JYOTI RAO PHOOLE
UNIVERSITY
In partial fulfillment of the requirements for the Degree of
ONE YEAR LL.M. (Masters of Law) in Corporate and
Commercial Law
(A STUDY OF MEASURES, LAW AND MECHANISM
IN INDIA AND ILO CONVENSATION)
2019-2020
Under the Guidance of : Submitted By:
Dr. VIMLA CHANGAL ANKIT KUMAR SHARMA
LL.M 2nd SEM.
ROLL.NO.-
MJRP ACADEMY OF LAW
MAHATMA JYOTI RAO PHOOLE UNIVERSITY
JAIPUR
CERTIFICATE
i
This is to certify that dissertation entitled “A STUDY OF
MEASURES, LAW AND MECHANISM IN INDIA AND ILO
CONVENSATION” Which is being submitted by “ANKIT
KUMAR SHARMA” for the award of the degree of Master of
Laws is an independent and original research work carried out by
her.
The dissertation is worthy of consideration for the award of ONE
YEAR LL.M. Degree of MJRP ACADEMY OF LAW,
MAHATMA JYOTI RAO PHOOLE UNIVERSITY, JAIPUR.
“ANKIT KUMAR SHARMA” has worked under my guidance
and supervision to fulfill all requirements for the submission of this
dissertation.
The conduct of research scholar remained excellent during
the period of research.
Date:15 JULY 2020 Name of supervisor
Place-JAIPUR-- Dr. VIMLA
CHANGAL
ii
ACKNOWLEDGEMENTS
This is an appreciation note to all those who have extended their
valuable help and support in the completion of the present thesis.
In the first place, I wish to place on record my sincere and deep
sense of gratitude to my teacher and supervisor, Supervisor , Dr.
VIMLA CHANGAL , Associate Professor , Department of
Law, MJRP ACADEMY OF LAW, MAHATMA JYOTI RAO
PHOOLE UNIVERSITY JAIPUR, for her scholarly guidance from
the first stage to last stage of the present study. Without her
inspiring association, encouragement and precious advice, the
present work would have not been completed successfully.
I express my sincere thanks to the library staff of Mjrp Academy
Of Law, Library of Department of Law, Mjrp Academy Of Law,
Mahatma Jyoti Rao Phoole University Jaipur . I equally express my
wholehearted thanks to the administrative staff of the Department
of Laws, Mjrp Academy Of Law, Mahatma Jyoti Rao Phoole
University Jaipur.
It is equally pertinent to express my deep sense of gratitude to my
parents for their affectionate concern and encouragement for my
work.
Jaipur : 15th JULY, 2020. ANKIT KUMAR SHARMA
LL.M SEM-II
ROLL.NO-
iii
Abbreviation
AFL American Federation of Labour
AIMO All India Manufacturers Organization
AIOIE All India organization of Industrial Employers
AIR All India Reporter
AITUC All India Trade Union Congress
ALT Andhra Law Times
BJIR British Journal of Industrial Relations
BMS Bharatiya Mazdoor Sangh
BPA Bellampally
CCGEU Confederation of Central Government Employees Union
CIO Committee for Industrial Organization
CIRM Central Industrial Relations Machinery
CITU Centre of Indian Trade Unions
Corp Corporation
CPI Communist Party of India
EFI Employers Federation of India
I.J.L.E. Indian Journal of Labour Economics
I.L.I.J. Indian Law Institute Journal
ICFTU International Confederation of Free Trade Unions
ID Act Industrial Disputes Act
iv
IFTU Indian Federation of Trade Union
ILGWU International Ladies Garment Workers Union
ILO International Labour Organization
INTUC Indian National Trade Union Congress
IWW Industrial Workers of the World
JBCCI Joint Bipartite Committee for Coal Industry
LABIC Labour and Industrial Cases
LLJ Labour Law Journal
NCWA National Coal wage agreement
NFIR National Federation of Indian Railway
NIRA National Industrial Recovery Act
NLO National Labour Organization
NLRA National Labour Relations Act
NLU National Labour Union
RLC Regional Labour Commission
SC Supreme Court of India
SCC Supreme Court Cases
SCW Supreme Court Weekly
UFW United Federation of Workers
UK United Kingdom
USA United States of America
UTUC United Trade Union Congress
WFTU World Federation of Trade Union
v
LIST OF CASES
All India Bank Employees’ Association v. The National
Industrial Tribunal (Bank Disputes), Bombay and others
AIR 1962 SC 171
Bangalore Water Supply and Sewerage Board v. Rajappa,
(1978) 2 SCC 78
Kameshwar Prasad and another v. State of Bihar and others
AIR 1963 SC 1166, 1168
Himatlal K. Shah v. Commissioner of Police, (1973) 1 SCC
227
Hospital Employees Union v. Union of India (2002) 10 SCC
224
State of U.P v. Jai Birr Singh, (2005) 5 SCC 1
T.K. Rangarajan v. Government of Tamil Nadu (2003) 6
SCC 581
Vishaka v. State of Rajasthan (1997) 6 SCC 241
People'S Union For Democratic ... vs Union Of India &
Others AIR 1962 Bom. 53
National Federation Of Blinds And ... vs State Of U.P. And
Others 2000
V.Prakash, Sr. Advocate vs Deputy Superintendent Of
Police, 2007
Kameshwar Prasad v. State of Bihar AIR 1962 SC 1166
Vasantha R. vs Union Of India (Uoi) And Ors. 2000
Seenath Beevi vs State Of Kerala on 3 September, 2003
V.Prakash vs The Deputy Superintendent, 2007
vi
The Cooperative Store Limited vs Ramesh Chander 2014
B. Shah vs Presiding Officer, Labour Court, 1977
Shaw Wallace & Co. Ltd. vs State Of Tamil Nadu
Represented 1987
Hochstein Gammon v. State of Orissa
E. Merck (India) Limited vs V.N. Parulekar And Ors. 1990
Binny and Co. Madras v. Madras Labour Union and Textile
Workers' Union, 1952 LIC 490,
S. Vasudevan v. S.D. Mital, AIR 1962 Bom 53
Gurdev Singh And Ors. Etc. vs State Of Himachal Pradesh
1991
P.Palanisamy vs Regional Manager on 24 July, 2008
Committee on Freedom of Association cases Case No. 420
(India), 93rd Report
vii
TABLE OF CONTENTS
A STUDY OF MEASURES, LAW AND MECHANISM
IN INDIA AND ILO CONVENSATION
PRELIMINARY
(i) Supervisor Certificate
(ii) Acknowledgment
(iii) Abbreviations
(iv) List of Cases
(v) Contents
CHAPTER – 1
INTRODUCTION
……………………………………………………………1 - 31
CHAPTER – 2
ILO–FORMATION,STRUCTURE,FUCTIONS
…………………………………………………………………….…32….55
CHAPTER - 3
IMPACT OF ILO &INDIAN LABOUR LAWS
…………………………………………………………..56…69
CHAPTER – 4
RATIFICATION OF ILO CVNVENTIONS BY INDIA
…………………………………………………………..70…86
CHAPTER – 5
CHALLENGES, PROSPECTS AND OPPORTUNITIES OF
RATIFYING ILO CONVENTIONS IN INDIA………...87…119
viii
CHAPTER-6
SOCIAL SECURITY: INTERNATIONAL LABOUR
ORGANIZATION AND INDIA……………………...120....137
CHAPTER-7
CONCLUSION AND SUGGESTIO …………….137…..147
CHAPTER- 8
BIBLIOGRAPHY………………………………..…148…150
ix
