LABOUR

Certain aspects of labour welfare fall within this list. The relevant entries are:

(a) Trade unions; industrial and labour disputes : Entry 22

(b) Welfare of labour including conditions of work,provident funds,employers liability
workmens compensation invalidity and old age pensions and maternity benefits : Entry
24

The following are the scenarios that fall under the Entries mentioned above

(1) An act regulating the hours of employment of persons employed in the buisnessof
shops or commercial establishment1
(2) The minimum wages act2
(3) A law to provide for compulsory saving of a part of bonus payble to an industrial
worker3
(4) A law fixing minimum bonus

Niemla Textile Finishing. Mills ... v/s The 2Nd Punjab Industrial 1957 AIR 329, 1957
SCR 335 :
Sec. 2 (j) of the Industrial Disputes Act, 1947 defines 'industry' as any business, trade,
undertaking, manufacture, or calling of employers and includes any calling, service,
employment, handicraft or industrial occupation or avocation of workmen.
The supreme court rejected the argument that the definition was very broad based and
comprised industrial as well as non industrial concerns and so fell outside the scope of
entry 22. The court held that the definition of industry was justified under both entry 22
and 24.
A law for bettering condition of labour engaged in manufacturing beedis and cigar falls
under this entry as these are the work related to labour welfare under entry 22 of this list
Same as this a law for rproviding workers participation in joint management councils of
industrial undertakings falls under entries 22 and 24 of list iii as it prevents industrial
disputes and labour welfare.

1
Manohar v. state, AIR 1951 SC315 : 1951
2
NAROTTAM DAS V. STATE OF MADHYAPRADESH
3
Milkhi ram v. state of Punjab,AIR1964 PUNJAB 513
EDUCATION:

The subject has been transferred from list ii to list iii there were many reasoms for
transferring education from state to concurrent lidt this is widely accepted that the desired
communication goals can be attained in the country by education. If this was to be still in
the state list this will create more ambiguity with regards to syllabi of education
parliament wheras provides uniformity to it so it is very necessary to reach or achieve
national integration .

25. Education, including technical education, medical education and universities, subject

to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training
of labour.
The use of expression subjected to herein means that the matter listed in Entries 63 64 65
i.e
ENTRY 63 OF LIST1. The institutions known at the commencement of this Constitution
as the Benares Hindu University, the Aligarh Muslim University and the Delhi
University; the University established in pursuance of Article 371-E; any other institution
declared by Parliament by law to be an institution of national importance

ENTRY 64 OF LIST 1. Institutions for scientific or technical education financed by the

Government of India wholly or in part and declared by Parliament by law to be .
ENTRY 65 OF LIST 1. Union agencies and institutions for -
(a) professional, vocational or technical training, including the training of police officers;
or
(b) the promotion of special studies or research; or
(c) scientific or technical assistance in the investigation or detection of crime.

ENTRY 66 OF LIST 1. Co-ordination and determination of standards in institutions for

higher education or research and scientific and technical institutions.

These all entries are carved out this means if a matter conferred by any of the entries 63-
66 in list 1 the power to legislate on that matter lies exclusively with parliament even
though that matter fall within the broader field of education this means entry 66 list 1 and
entry 25 list 3 should be read together.
In the absence of any parliamentary act,state still has competence to enact a statute
bringing down reservation for entry in any courses of study including the medical
courses.