The Influence of Polity on Labor Policy
In the first place, "the labor policy" of any country depends upon its polity. In a democratic form of government, all policies are spelled out in the respective constitution of the state. Apart from this, the labor standards propounded by the International Labor Organization from time to time also play a vital role in shaping the labor policy of any country, whether it is a member of the ILO or not, because of the conditions stipulated in various international trade agreements between the countries.
The Role of India's Constitution in Labor Policy
Coming to our own Constitution in this context, as stated in the Preamble, India is constituted into a Sovereign, Socialist, Secular Democratic Republic to secure to all its citizens, inter alia, justice, social, economic, and political. Social and economic justice cannot be possible without ensuring relatively decent standards of living for the working class of both organized and unorganized sectors of employment by securing living wages, humane conditions of employment including the right to association for the purpose of collective bargaining, social security, and the like in tune with the changing economic scenario.
Fundamental Rights and Directive Principles
The fundamental rights and the directive principles of state policy of our Constitution lay down the basic principles for the formulation of labor policy of the government through the means of appropriate legislations. When difficulties of ambiguity or inconsistency arise in the scheme and content of such legislation, the judiciary interprets them in the light of constitutional intent and purpose or strikes them down to the extent of inconsistencies noticed.
Judiciary's Contribution to Labor Policy
So, to ascertain the contribution of the judiciary in shaping the labor policy, better go through the landmark judgments under the Industrial Disputes Act, 1947, Contract Labor (Regulation and Abolition) Act, 1970, Payment of Gratuity Act, 1972, etc.