Labour Regulation in the Long Twentieth Century

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Labour Regulation in the Long Twentieth Century is conceived as a digital repository on labour regulations in India and one of the result of Thematic Module Labour as a Political Category under Merian-Tagore International Centre of Advanced Studies: 'Metamorphoses of the Political (ICAS:MP), an interdisciplinary forum for intellectual exchange funded by the German Federal Ministry of Education and Research (BMBF). The repository is aslo an element of a larger project of multilateral cooperation that aims at creating "Extended Archives of Indian Labour".

In the period after the First World War, labour became a significant object of state regulation in India. This is not to say that there was no regulation in the period prior to this; but its character was markedly different. Regulations in the nineteenth century had a distinctly penal flavor. The Workmen's Breach of Contract Act of 1859 and a series of legislations directed towards indentured plantation labour in India and abroad were prominent examples of the penal character of labour regulations. Trade unions when they existed were subject to criminal trespass laws.

The rapid expansion of industries and industrial labour in the years leading up to and during the First World War, the upsurge in labour protests in India, the Russian Revolution, the establishment of the ILO and the formation of the first All India Trade Union Congress, provide the immediate context for the shift in colonial state policy. The emergence of labour as a political category was now recognized in the Government of India Act of 1919 when a special representation for labour through nomination was introduced. At the same time, the question of the social reproduction of labour became a matter of concern for colonial state policy. These shifts were reflected in the slew of labour legislation in the 1920s and 1930s, for example, the Workmen's Compensation Act of 1923, the ending of penal labour regimes in 1925, the Trade Union Act of 1926 and the Trade Disputes Act of 1929, as an immediate response to the general strikes of 1928 in Bombay. No doubt these welfare oriented legislations covered only a small segment of industrial workers, nevertheless they marked a trend which culminated in the setting up of a formal sector labour regime in post-independent India, with the promulgation of the Industrial Disputes Act of 1947, the Factories Act of 1948, the Minimum Wages Act of 1948, the Employees State Insurance Act of 1948, the Plantation Labour Act of 1951 and the Provident Fund Act of 1952. The expansion of the Public Sector in the Nehruvian era accelerated the process of industrialization leading to an increase of the labour force in modern industries and establishments.

A labour regime based on extensive juridification of the employer-employee relations emerged within the frame of an interventionist state in post-independent India. There was a consequent expansion of labour related legal disputes, industrial tribunal awards on wages, bonus, dearness allowance, and welfare related compensations. Even as the bulk of labour including those in agriculture and urban informal sector were excluded from this labour regime, it still played a crucial role in shaping expectations and framing the vision of a modern industrial India. In the last decades of the twentieth and the early decades of the twenty first centuries, the regulatory modalities were substantially transformed under the twin pressure of an increasing neo-liberal turn in economic policy making and financial and trade globalisation.

The present repository of documents aims to track these changes over the long twentieth century. It presently comprises of the following five collections that together provide a valuable resource for mapping histories of labour.
The Labour Gazette brought out by the Bombay Labour Office from 1921 specialized in providing information on conditions of labour, industrial disputes and legislative changes in India and included international news about labour. The Labour Law Journal (1949- 2005) containing major judicial and labour court judgments, orders and pronouncements on labour disputes. ILO India, monthly reports, 1929-1970, a unique collection of reports sent out monthly from the ILO India Office tracking legislative and political changes in India. The All India Trade Union Congress (AITUC) Pamphlets Collection 1928-1990. This collection of printed pamphlets traces the origin and evolution of the organisation of the AITUC as the first All India Federation of Trade Unions. It also contains pamphlets containing the position of the AITUC on economic policy, major legislations concerned with labour and accounts of important events connected with the history of industrial relations in India. Commissions of Labour 1931-2002. This collection contains the reports, evidence and memorandums submitted to various official commissions in pre and post-independence India to enquire into conditions of labour, beginning with the Royal Commission on Labour in India (1929-31) and includes reports of the National Commissions on Labour 1969, 1991 and 2002.

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    On D. A., Index and Security of Employment: Documents relating to the 21st Session of the Standing Labour Committee (Delhi – 27 December 1963)
    (All-India Trade Union Congress, 1964) All-India Trade Union Congress
    The following chapters are included: Main conclusions of the Standing Labour Committee (21st Session); On D.A. (Disputes Act), Fair Price shops; Memoranda on Compilation of Consumer Prices Indexes; Security of employment – Some questions; and On arbitration in central sphere. Appendices: Action taken on the main conclusions/recommendations of the 20m session of the standing labour committee; and All-India legislation for the regulation of the Beedi industry – Memorandum prepared by the government of Madras.
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    Sohyo Congress and Japanese Working Class
    (All-India Trade Union Congress, 1972) All-India Trade Union Congress
    Part One, The 42nd Annual convention of the Sohyo: Toward a militant trade union movement, has the following chapters: Address of the Sohyo president; General Secretary's policy statement; Discussions; Resolutions; Declaration of the convention. Part Two is called Recent dollar question and the attitude of the trade union movement.
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    Modern Imperialism : An economic and statistical survey
    (All-India Trade Union Congress, 1971) All-India Trade Union Congress
    The economic and statistical survey was conducted by staff researchers at the USSR Academy of Sciences, the Institute of World Economy and International Relations, and the Institute of the International Workers’ movement and was first published in the journal “Peace, Freedom and Socialism”. Chapters include: Concentration of production and capital; Banking capital; Finance capital and the financial oligarchy; Capital export; Uneven development of capitalism; Growing economic role of the state; Imperialism is militarism; The fall of the colonial empires; Imperialism and wage labour.
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    AITUC - Fifty Years Documents: Volume One
    (All-India Trade Union Congress, 1970) All-India Trade Union Congress
    The Foundation Thoughts and Forces of the AITUC: Origins of the AITUC
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    Supreme Court Judgement (Dt. 09.05.1995) Relating to Abolition of contract labour system
    (All-India Trade Union Congress, 1995) All-India Trade Union Congress
    The government’s Contract Labour Regulation and Abolition Act 1970 has proved incapable of hindering the proliferating privatisation of the Contract Labour system. In this context, the Supreme Court’s 1995 judgement is especially important in fighting the contract labour system, and is reprinted here in full. The case isGujarat Electricity Board, Gujarat v Hind Mazdoor-Sabha & Ors. (Civil Appeal No. 5497 of 1995).
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    All-India Trade Union Congress: Report, Twentieth Session: Nagpur 1943
    (All-India Trade Union Congress, 1943) All-India Trade Union Congress
    Includes: the proceedings; REPORT OF THE GENERAL SECRETARY: AITUC strength; Detention of the president and members of the Working Committee and General Council; Observation of special days by AITUC; Organisational tours by AITUC office bearers; Provincial committee of the AITUC; Consultations by government; Tripartite labour conference; Representations to provincial governments; Attitude to war of AITUC; Workers and political situation; Important labour struggles; Working of war time ordinances; Problems of labour legislation. Statement of accounts. RESOLUTIONS: Greetings for May Day, to the Red Army, to the Chinese people; Indians in South Africa; Kayyur comrades; Repression; Defence of India Act; Dearness allowance; Rationing; Food crisis; Railway workers; Dismissals on railways for desertion; Textile worker demands; Seamen; Jute workers; Khewra salt miners; Tea plantation workers; Paper industry; Digboi petroleum workers; Bidi (beedi) workers; Primary school teachers; Baroda state trade union legislation; Repression in Cochi and Travancore; ARP measures in Bengal; Health insurance; Tripartite conference; Draft resolutions that were not passed. Amendments to the constitution. Resolutions passed at working committee meeting. Resolutions passed at general council meeting. Resolutions of new general council. Affiliated unions. Members of general council. List of attendees to 20th session. AITUC constitution.
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    All-India Trade Union Congress: Report Eighteenth Session, 1940
    (All-India Trade Union Congress, 1940) All-India Trade Union Congress
    Includes the report of the general secretary from April 1938 to September 1940: AITUC strength
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    The Index Fraud : Memoranda submitted to the Experts Committee on Consumer Price Index Numbers, Bombay by AITUC, INTUC and HMS
    (All-India Trade Union Congress, 1963) All-India Trade Union Congress
    Focuses on the dearness allowance and the cost of living index, which remained stable although prices had increased between 15 and 40 percent in the past year. Includes the following chapters: AITUC memorandum with table showing original specifications and the change noticed in both these specifications on various articles taken for the realisation of Working Class Cost of living index in Bombay, and notes on changes effected in specifications; INTUC memorandum; HMS memorandum. Appendices: Resolution of the Maharashtra government on appointment of expert committee; Extent of error in official Consumer Price Index (CPI).
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    All-India Trade Union Congress Report of the Eight Session 1927
    (All-India Trade Union Congress, 1927) All-India Trade Union Congress
    Includes: proceedings. Speeches by the AITUC president, and appendices relating to labour on the railway; Seamen; Coal; Infant mortality; Housing; Truck act; Prompt payment of wages; Indian labour abroad. GENERAL SECRETARY’S REPORT: AITUC strength; Provincial committees and provincial secretaries; Delhi session of congress; Executive council meetings; Election; Circulars; Affiliated unions; Strikes and lockouts; Petroleum workers strike; Textile workers strike at Coimbatore; Mill worker strikes; Labour legislation; Indian Mines Act; Government resolution on International Labour Conference; Indian Penal Code; All-India Trade Union Bulletin; Indian Labour Journals; May Day celebrations; International labour conference; Indian fraternal delegates; Delegations from abroad; T. Mardy Jones, MP, tour of India on labour conditions; General labour conditions in India; AITUC financial position; Money from USSR. Speeches by A. A. Parcell, MP; J. Hallsworth; T Mardy Jones, MP; British delegations speeches. RESOLUTIONS: Royal commission on reforms; Miss Mayo’s “Mother India”; Political prisoners; Passport to Messrs. Saklatwala, Thengdi and Ghate; Protest against imperialism; Soviet anniversary; China; Anglo-Russian unity; Prosecution of P. Spratt; General labour demands; Unemployment; Workmen’s Compensation Act; Policy of protection and workers’ interests; Industrial Housing conditions; Legislation against imposition of fines; Amendment of Indian Factories Act; Seamen’s grievances; Textile workers grievances; Railwaymen’s grievances; Press workers’ grievances; Miners’ grievances; Cordite factory workers; Telegragh peons; Government Employees’ Unions; Council of actions; Delegation to International Labour Conference. Statement showing the affiliation fees received and due from affiliated unions. Statement of accounts. List of affiliated unions with their addresses. Constitution of the AITUC.
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    AITUC General Council Meeting : Information Documents. New Delhi 8, 9 & 10 November 1976
    (All-India Trade Union Congress, 1974) All-India Trade Union Congress
    The report contains: Update since the 29th session; Coal and the Indian economy; Non-coking coal; Proposals for new coal mines; Bipartite wage negotiations – Steel industry, Bhel, Cement, Electricity, Coal mines, Sugar, Bangalore-based public sector industries, Magnesite mines Salem, Port & dock, L.I.C.; Report on L.I.C. struggle for wages; Struggle, unity and gains in heavy engineering in Jamshedpur, B.H.E.L. and steel industry; Industry Railway Workers’ Federation; List of foreign delegates from AITUC; Letter exchange between All India Railwaymen’s Federation president George Fernandes and AITUC General Secretary Dange, Shripad Amrit; Consumer Price Index numbers; National federations formed.