BRICS Law Journal

Advanced search


Full Text:


The rapid growth of industrial town and factories has paved the way to develop our industrial legislation accordingly. The Government of India never expressed their interest in framing separate legislation vis-à-vis factories which resulted in implementation of the same statute which was enacted pre-independence. It was done by virtue of Art. 372 of the Constitution of India. However, the Constitutional Lawmakers created vacuum for the implementation of new statute in accordance with the demand of society by inserting scope under the Directive Principles of State Policies. However, in the 67 years history of Indian Republic, there are unprecedented developments of law relating to factories in India.
The Government of India, with the adoption of existed statute, made an effort to incorporate the welfare legislation but it never developed along with the change in time. It is to be noticed that as far as existing statutes are concerned, the development is an effect of judicial pronouncement or some tragic incident like Bhopal Gas Tragedy. This paper succinctly describes the history of factory legislation, the constitutional validity of the previous statute and necessary amendment which have already been done and / or on the verge of being amended. It will further discuss contribution of judiciary in developing the law relating to factories, scope of industrial jurisprudence in promoting the development of factory legislation. The primary focus of the research project is to reflect upon the areas where factory legislation has developed, so that proper yardstick could be made in order to put emphasis on those areas which have been remained untouched.

About the Author

M. K. Sahu
National University of Study and research in Law, Ranchi

Manjeet Kumar Sahu (Ranchi, India) – LL.M. (Constitutional and Administrative Law) Student  at National university of Study and Research in Law

(Ward No. 11, Shanti Nagar, Palkot Road, gumla, 835207, Jharkhand, India)


1. Agarwal, Anil, & Narain, Sunita. The State of India’s Environment, 1984–85: The Second Citizens Report 247 (Centre for Science and Environment 1985).

2. Barker, D.A. Factory Legislation in India, 21(84) The Economic Journal 643 (1911).

3. Dewan, Aruna. Occupational and Environmental Health of Women, <> (Feb. 6, 2016).

4. Hutchins, B.L., & Harrison, A. A History of Factory Legislation 2–3 (2nd ed., P.S. King & Son 1911), available at <> (accessed Feb. 5, 2016).

5. Jamwal, Renu, & gupta, Deepti. Work Participation of Females and Emerging Labour Laws in India, 2(1) Asia-Pacific Journal of Social Sciences (2010), available at <> (accessed Feb. 6, 2016).

6. Jayakumar, Kirthi. The First Labour Statute, myLaw (May 4, 2012), <> (accessed Feb. 5, 2016).

7. Kydd, J.C. A History of Factory Legislation in India 12 (Calcutta university Press 1920), available at <> (accessed Feb. 5, 2016).

8. Lloyd, Dennis. Introduction to Jurisprudence (4th ed., Stevens & Sons 1979).

9. Mamoria, C.B., & Mamoria, Satish. Industrial Labour, Social Security and Industrial Peace in India 136 (Kitab Mahal 1984).

10. Srivastava, S.C. Occupational Health of Workers in India Law and Practice, 31 Ban. L.J. 11, 18, 38 (2002), available at <> (accessed Feb. 5, 2016).

11. Tavits, gaabriel. The Position of Labour Law in the Private Law System. The Past, Present and Future of Estonian Labour Law, 5(1) Juridica International (2000), available at <> (accessed Feb. 5, 2016).

12. Vishwanadham, Lellala. Jurisprudence in Relations with Other Social Sciences, 3(5) VSRD Technical & Non-Technical Journal (2012).


For citations:


Views: 1114

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.

ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)