Agricultural Labours – The Time For Recognition Under Labour Legislation

R. Pujhaa, LLB(Hons), Tamil Nadu Dr. Ambedkar Law University, Chennai

ABSTRACT

Agriculture being a Hazardous Industry involves more life-threatening dangers to the agricultural workers and farmers. This results in the need for making social benefits laws for the welfare of the agricultural workers and farmers in India. The legislative lacuna regarding the social benefit laws to agricultural workers and farmers results in the threat to the society at large. The Lacuna filled by the judiciary under article 141 of the Indian constitution is not sufficient because the judiciary cannot do legislative functions and therefore the legislative should make laws relating to the social and welfare development of the farmers and agricultural workers. The India being the developing country was mainly based on the agriculture for the sustainable development in the economy. So, the legislature should make laws for the development of the farmers which further results in the development of the Indian economy. The solution this Issue can be done by keeping the Agriculture as an Industry under the definition of Industry under the Industrial Disputes act 1947. This helps in solving disputes when raised by using the provisions of the Industrial Disputes act, 1947 and also helpful for the agricultural workers and farmers to invoke other provisions of the labour legislations made for the workers who fall under employer-employee relationship. These provisions include, minimum wage, bonus, provident fund etc., These provisions also include social benefit legislations like, maternity benefit funds, accident claims, disability compensation, life insurance claims, crop insurance claims etc., The article finally explains about the key findings which is necessary for the social and welfare development of the agricultural workers and farmers. The article finally concludes with the suggestions for the raise of farmer awareness, for strengthening the MSP (Minimum Support Price), for making laws relating to dispute solving, and insist government to invest in the Agricultural Industry for the development and welfare of the society and India.

Keywords: Agricultural labours, Industry, Labour legislation, social welfare legislation