DBA 1748 Industrial Relations and Labour Welfare

MBA
(DISTANCE MODE)
DBA 1748 INDUSTRIAL RELATIONS AND LABOUR WELFARE
IV SEMESTER COURSE MATERIAL
Centre for Distance Education

Anna University Chennai Chennai 600 025
Author Dr. Dr. Joe Christy N

Assistant Professor Department of Management Studies BSA Cresent Engineering College Vandalur Chennai - 600 048
Reviewer Dr. R. K esan Dr. Kesan

Assistant Professor Department of Production Madras Institute of Technology Anna University Chennai Chennai - 600 044
Editorial Board Dr.T.V.Geetha .T.V Dr.T.V.Geetha

Professor Department of Computer Science and Engineering Anna University Chennai Chennai - 600 025
Dr.H.Peeru .H.Peer Dr.H.P eer u Mohamed

Professor Department of Management Studies Anna University Chennai Chennai - 600 025
Dr.C Chellappan .C. Dr.C. Chella ppan

Dr.A.K .A.Kannan Dr.A.K annan

Copyrights Reserved (For Private Circulation only) ii
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ACKNOWLEDGEMENT
The author has drawn inputs from several sources for the preparation of this course material, to meet the requirements of the syllabus. The author gratefully acknowledges the following sources: www. Indian Labour Statistics.com Mamoria C.B. and Sathish Mamoria, Dynamics of Industrial Relations, Himalaya Publishing House, New Delhi, 2004 Ratna Sen, Industrial Relations in India , Macmillan India Ltd., New Delhi, 2003 Srivatsava, Industrial Relations and Labour Welfare Vikas 4th Edition, 2000
Inspite of utmost care taken to prepare the list of references any omission in the list is only accidental and not purposeful.
Dr. Joe Christy N Author
DBA 1748 INDUSTRIAL RELATIONS AND LABOUR WELFARE

UNIT I - INDUSTRIAL RELATIONS Concepts Importance - Industrial Relations Problems in the Public Sector- Growth of Trade Unions- Codes of conduct. UNIT II - INDUSTRIAL CONFLICTS Disputes Impact Causes Strikes - Prevention Industrial Peace Government Machinery- Conciliation Arbitration Adjudication. UNIT III - LABOUR WELFARE Concept Objectives Scope Need- Voluntary Welfare Measures Statutory Welfare Measures- LabourWalfare Funds- Education and Training Schemes. UNIT IV - INDUSTRIAL SAFETY Causes of Accidents Prevention Safety Provisions Industrial Health and Hygiene-Importance ProblemsOccupational Hazards- Diseases Psychological problems- counseling- statutory provisions. UNIT V - WELFARE OF SPECIAL CATEGORIES OF LABOUR Child Labour Female Labour- Contact Labour Construction Labour Agricultural labour Disabled Welfare of knowledge Social Assistance Social Security- Implications. REFERENCES 1. Mamoria C.B. and Sathish Mamoria , Dynamics of Industrial Relations, Himalaya Publishing House, New Delhi 1998. 2. Dwivedi . R.S. Human Relations & Organisational Behaviour, Macmillan India Ltd., New Delhi, 1997. 3. Ratna Sen , Industrial Relations in India, Shifting Paradigms, Macmillan India Ltd., New Delhi, 2003. 4. Srivastava, Industrial Relations and Labour laws, Vikas 4 th edition , 2000. 5. C.S.Venkata Ratnam, Globalisation and Labour Management Relations, Response Books, 2001.
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CONTENTS
UNIT I INDUSTRIAL RELATIONS
1.1 1.2 1.3 1.4 1.5 INTRODUCTION CONCEPT OF INDUSTRIAL RELATIONS TRADE UNION AND ITS IMPORTANCE TREND IN NUMBER OF REPORTING FACTORIES EMPLOYMENT TRADE UNION CONCEPT 1.5.1 A few commonly cited definitions trade union are 1.5.2 General Features of Trade Unions 1.5.3 Functions of Trade Unions GROWTH AND DEVELOPMENT OF THE TRADE UNION MOVEMENT 1.6.1 Social Welfare period, from 1875 to 1918 1.6.2 Early Trade Union period, from 1918 to 1924 1.6.3 Left-wing Trade Unionism period, from 1924 to 1934 1.6.4 Trade Unions Unity period - 1935 to 1938 1.6.5 Second World War period - 1939 to 1945 1.6.6 Post independence period - 1947 to 2000 FUNCTIONS OF TRADE UNIONS FUNCTIONS OF TRADE UNIONS IN INDIA TYPES AND STRUCTURE OF TRADE UNIONS 1.9.1 The Union Classified According to Purpose 1.9.2 Union Classified on the Basis of Membership Structure CRAFTS VERSUS INDUSTRIAL UNIONS ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) 1.11.1 Aims and Objectives CODES OF CONDUCT TRADE UNIONS 1.12.1 Labour conditions in India 1.12.2 The possible effects of CCC 1.12.3 General conclusions 1.12.4 About every meeting some distinct remarks were made
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1 1 13 13 15 15 16 19 20 21 22 23 23 23 24 25 26 29 29 31 33 34 35 36 37 38 39 39
1.6
1.7 1.8 1.9
1.10 1.11 1.12
1.13
1.14
THE INDIA COMMITTEE OF THE NETHERLANDS (ICN) 1.13.1 Organisation 1.13.2 Awareness Raising 1.13.3 Campaigns 1.13.4 Social labels and codes of conduct 1.13.5 Co-operation CONCLUSION
42 42 43 43 43 44 44
UNIT II INDUSTRIAL CONFLICTS

2.1 2.2 2.3 2.4 INTRODUCTION INDUSTRIAL DISPUTE CERTAIN ASPECTS OF INDUSTRIAL DISPUTES ARE DISCUSSED AS BELOW GOVERNMENT MACHINERY TO RESOLVE INDUSTRIAL DISPUTES 2.4.1 Introduction 2.4.2 A. Conciliation 2.4.3 B. Arbitration 2.4.4 C. Adjudication MEDIATION 2.5.1 Kinds of Mediator CONCILIATION 2.6.1 Qualities of Conciliator 2.6.2 Role of the Conciliator 2.6.3 Sequential Pattern of Conciliation ARBITRATION 2.7.1 Concept 2.7.2 Types of Arbitration REFERENCE OF DISPUTE TO ARBITRATION UNDER INDUSTRIAL DISPUTES ACT, 1947 2.8.1 Qualification of Arbitrators 2.8.2 Procedure for Investigation 2.8.3 Submission of Award 2.8.4 Criticism of Compulsory Arbitration
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45 45 46 48 48 50 54 55 59 59 60 61 62 64 66 66 67 68 69 69 70 70
2.5 2.6
2.7
2.8
2.9 2.10
2.11 2.12 2.13
2.8.5 National Arbitration Promotion Board ADJUDICATION 2.9.1 Types of Adjudication INDUSTRIAL TRIBUNALS 2.10.1 Constitution 2.10.2 Jurisdiction 2.10.3 National Tribunals MODEL PRINCIPLES FOR REFERENCE OF DISPUTES TO ADJUDICATION COMMENCEMENT AND CONCLUSION OF PROCEEDINGS Central Industrial Relations Machinery in India
71 71 71 73 74 74 75 75 76 76
UNIT III LABOUR WELFARE

3.1 3.2 3.3 INTRODUCTION WELFARE AND WORKING CONDITIONS IMPORTANCE OF LABOUR WELFARE 3.3.1 A Labour 3.3.2 B Training 3.3.3 C Employment 3.3.4 D - Special Employment Scheme WELFARE MEASURES VOLUNTARY STATUATORY WELFARE MEASURES NON-STATUTORY WELFARE MEASURES 3.6.1 Non-statutory Welfare in Indian Industry: Some Examples 3.6.2 Comments on Non-Statutory Welfare 3.6.3 Non-Statutory Welfare: A Model WORK ENVIRONMENT 3.7.1 Arousal Hypothesis LABOUR WELFARE FUNDS 3.8.1 Tripartite Labour Welfare Fund Advisory Committee 3.8.2 Conclusion WORKERS EDUCATION AND TRAINING SCHEMES 3.9.1 Workers Education: Concept
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3.4 3.5 3.6
3.7 3.8
3.9
79 80 80 81 82 88 88 88 90 94 94 94 95 98 100 101 101 103 104 104
3.10 3.11
3.9.2 Objective of Workers Education 3.9.3 Techniques of Workers Education 3.9.4 Workers Education in India 3.9.5 The Scheme for Workers Education 3.9.6 Three Levels of Workers Education 3.9.7 Special Category Programmes WORKERS TRAINING: CONCEPT 3.10.1 Training Schemes of DGET EVALUATION OF THE TRAINING SCHEMES
105 106 106 107 108 109 111 112 116
UNIT IV INDUSTRIAL SAFETY

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 INTRODUCTION FEATURES OF SAFETY ORGANIZATION SAFETY COMMITTEES ACCIDENT PREVENTION PROGRAMME ROLE OF SAFETY DIRECTOR STATUTORY SAFETY PROVISIONS WORKERS HEALTH 4.7.1 Statutory Health Measures HAZARDOUS PROCESSES STATUTORY REQUIREMENTS FOR HAZARDOUS MANUFACTURING PROCESS OCCUPATIONAL HAZARDS 4.10.1 Match and firecracker industry in Sivakasi, Tamilnadu OCCUPATIONAL HEALTH PROBLEMS 4.11.1 Gem polishing Industry, Jaipur, Rajshtan 4.11.2 Hand made Carpet Weaving Industry, Mirzapur & Bhadoi, Uttarpradesh MENTAL HEALTH PROBLEMS 4.12.1 Slate - Stone Mines and Industry NOTIFIABLE DISEASES PSYCHOLOGICAL COUNSELLING 4.14.1 Councelling Methodology 4.14.2 Employment settings
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119 120 120 121 121 121 131 131 136 141 145 146 146 146 147 148 148 149 152 153 154
4.12 4.13 4.14
UNIT V WELFARE OF SPECIAL CATEGORIES OF LABOUR

5.1 5.2 5.3 5.4 5.5 CHILD LABOUR 5.1.1 Constitutional Rights of a Child THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 INITIATIVES TOWARDS ELIMINATION OF CHILD LABOUR ACTION PLAN AND PRESENT STRATEGY FOCUSING OF GENERAL DEVELOPMENTAL PROGRAMMES FOR BENEFITING CHILD LABOUR THE COVERAGE OF THE NCLP SCHEME HAS INCREASED FROM 12 DISTRICTS IN 1988 TO 100 DISTRICTS IN THE 9TH PLAN TO 250 DISTRICTS DURING THE 10TH PLAN. THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 155 155 156 159 159
160 161
5.6
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INDUSTRIAL RELATIONS AND LABOUR WELFARE
UNIT I
NOTES
INDUSTRIAL RELATIONS
Learning Objectives After going though this unit you should be in a position to explain the following terminologies: Concept of Industrial Relations Importance of IR Labour Turnover Absenteeism Trade Union Codes of Conduct 1.1 INTRODUCTION Industrial relations has become one of the most delicate and complex problems of modern industrial society. Industrial progress is impossible without cooperation of labours and harmonious relationships. Therefore, it is in the interest of all to create and maintain good relations between employees (labour) and employers (management). 1.2 CONCEPT OF INDUSTRIAL RELATIONS The term Industrial Relations comprises of two terms: Industry and Relations. Industry refers to any productive activity in which an individual (or a group of individuals) is (are) engaged. By relations we mean the relationships that exist within the industry between the employer and his workmen. The term industrial relations explain the relationship between employees and management which stem directly or indirectly from union-employer relationship. Industrial relations are the relationships between employees and employers within the organizational settings. The field of industrial relations looks at the relationship between management and workers, particularly groups of workers represented by a union. Industrial relations are basically the interactions between employers, employees and the government, and the institutions and associations through which such interactions are mediated.
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The term industrial relations have a broad as well as a narrow outlook. Originally, industrial relations were broadly defined to include the relationships and interactions between employers and employees. From this perspective, industrial relations covers all aspects of the employment relationship, including human resource management, employee relations, and union-management (or labour) relations. Now its meaning has become more specific and restricted. Accordingly, industrial relations pertains to the study and practice of collective bargaining, trade unionism, and labour-management relations, while human resource management is a separate, largely distinct field that deals with nonunion employment relationships and the personnel practices and policies of employers. The relationships which arise at and out of the workplace generally include the relationships between individual workers, the relationships between workers and their employer, the relationships between employers, the relationships employers and workers have with the organizations formed to promote their respective interests, and the relations between those organizations, at all levels. Industrial Relations also includes the processes through which these relationships are expressed (such as, collective bargaining, workers participation in decision-making, and grievance and dispute settlement), and the management of conflict between employers, workers and trade unions, when it arises. The industrial situation as reflected in the statement of mandays lost on account of strikes and lockouts has shown improvement in recent years. Despite increase in the number of strikes and lockouts in 1997 compared to 1996, the mandays lost due to these agitations have actually declined. The total number of strikes and lockouts increased from 1166 in 1996 to 1305 in 1997, but the mandays lost on account of these strikes and lockouts declined from 20.3 million in 1996 to 17 million in 1997 (Table 1.1). Among the states, Andhra pradesh, Tamil Nadu, Gujarat and West Bengal recorded most of the agitations. Cotton textiles, engineering and jute hemp and Mesta textiles were the industrial groups which witnessed maximum loss of mandays on account of strikes and lockouts. Wage and wage related issues, personnel issues, retrenchment and indiscipline have been identified as major reasons behind strikes and lockouts. Protests against privatization and entries of multinationals are issues that have gained importance in recent years. The steady improvement in industrial relations has been possible mainly because of the Governments proactive role through timely and effective conciliation of industrial disputes and involvement of the social partners at various bipartite-tripartite fora for the formulation of labour and industrial policies. One important issue, which needs to be addressed, is the extant labour laws especially Industrial Disputes Act (IDA) 1947, which governs lay off, retrenchment and closure. Central and State Governments have often been inhibited in granting necessary permissions for closure, even when economic compulsions justified granting of such permissions. It has often been observed that the present legal provisions and procedures restrict labour market flexibility and thereby discourage growth of employment. A thorough review of the provisions of the IDA and other labour legislations
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is called for to impart greater flexibility to the labour market and thereby encourage more employment. Considering the radical changes that have taken place in the domestic industrial scenario and the labour market, the Government has decided to set up the Second National Commission on Labour to suggest among others, rationalization of the existing laws in the organized sector so as to make them more relevant and appropriate in the changing context of globalization and opening up of the Indian economy. MEANING AND DEFINITION OF INDUSTRIAL RELATION The relationship between Employer and employee or trade unions is called Industrial Relation. Harmonious relationship is necessary for both employers and employees to safeguard the interests of the both the parties of the production. In order to maintain good relationship with the employees, the main functions of every organization should avoid any dispute with them or settle it as early as possible so as to ensure industrial peace and higher productivity. Personnel management is mainly concerned with the human relation in industry because the main theme of personnel management is to get the work done by the human power and it fails in its objectives if good industrial relation is maintained. In other words good Industrial Relation means industrial peace which is necessary for better and higher productions. Other commonly referred definitions: i. Industrial Relation is that part of management which is concerned with the manpower of the enterprise whether machine operator, skilled worker or manager. ii. Industrial Relation is a relation between employer and employees, employees and employees and employees and trade unions. - Industrial dispute Act 1947 iii. While moving from jungle of the definitions, here, Industrial Relation is viewed as the process by which people and their organizations interact at the place of work to Establish the terms and conditions of employment. The Industrial Relation relations also called as labor - management, employee-employers relations. A few notable features pertaining to Industrial Relations are as under: 1. Industrial Relation do not emerge in vacuum they are born of employment relationship in an industrial setting. Without the existence of the two parties, i.e., labour and management, this relationship cannot exist. It is the industry, which provides the environment for industrial relations. 2. Industrial Relation are characterized by both conflict and co-operations. This is the basis of adverse relationship. So the focus of Industrial Relations in on the study of the attitudes, relationships, practices and procedure developed by the contending parties to resolve or at least minimize conflicts.
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3. As the labor and management do not operate in isolations but are parts of large system, so the study of Industrial Relation also includes vital environment issues like technology of the workplace, countrys socio-economic and political environment, nations labor policy, attitude of trade unions workers and employers. 4. Industrial Relation also involve the study of conditions conductive to the labor, managements co-operations as well as the practices and procedures required to elicit the desired co-operation from both the parties. 5. Industrial Relations also study the laws, rules regulations agreements, awards of courts, customs and traditions, as well as policy framework laid down by the governments for eliciting co-operations between labor and management. Besides this, it makes an in-depth analysis of the interference patterns of the executive and judiciary in the regulations of labormanagements relations. In fact the concepts of Industrial Relations are very broad-based, drawing heavily from a variety of discipline like social sciences, humanities, behavioral sciences, laws etc. Industrial Relation encompasses all such factors that influence behavior of people at work. A few such important factors are details below: 1. Institution: It includes government, employers, trade unions, unions federations or associations, government bodies, labor courts, tribunals and other organizations which have direct or indirect impact on the industrial relations systems. 2. Characters : It aims to study the role of workers unions and employers federations officials, shop stewards, industrial relations officers/ manager, mediator/conciliators / arbitrator, judges of labor court, tribunal etc. 3. Methods : Focus on collective bargaining, workers participation in the Industrial Relation schemes, discipline procedure, grievance re-dressal machinery, dispute settlements machinery working of closed shops, union reorganization, organizations of protests through methods like revisions of existing rules, regulations, policies, procedures, hearing of labor courts, tribunals etc. 4. Contents : Includes matter pertaining to employment conditions like pay, hours of works, leave with wages, health, and safety disciplinary actions, lay-off, dismissals retirements etc., laws relating to such activities, regulations governing labor welfare, social security, industrial relations, issues concerning with workers participation in management, collective bargaining, etc., Objectives of Industrial Relation: A. To safeguard the interest of labor and management by securing the highest level of mutual understanding and good-will among all those sections in the industry which participate in the process of production. B. To avoid industrial conflict or strife and develop harmonious relations, which are an essential factor in the productivity of workers and the industrial progress of a country.
C. To raise productivity to a higher level in an era of full employment by lessening the tendency to high turnover and frequency absenteeism. D. To establish and nurse the growth of an Industrial Democracy based on labor partnership in the sharing of profits and of managerial decisions, so that ban individuals personality may grow its full stature for the benefit of the industry and of the country as well. E. To eliminate, as far as is possible and practicable, strikes, lockouts and gheraos by providing reasonable wages, improved living and working conditions, said fringe benefits. F. To establish government control of such plants and units as are running at a loss or in which productions has to be regulated in the public interest. G. Improvements in the economic conditions of workers in the existing state of industrial managements and political government. H. Control exercised by the state over industrial undertaking with a view to regulating production and promoting harmonious industrial relations. I. Socializations or rationalization of industries by making he state itself a major employer J. Vesting of a proprietary interest of the workers in the industries in which they are employed. The main aspects of Industrial Relations are:i. Labor Relations, i.e. relations between union and management
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ii. Employer-employees relations, i.e. relations between management and employees iii. Group relations, i.e. relations between various groups of workmen iv. Community or Public relations, i.e. relations between industry and society. v. Promotions and development of healthy labor-managements relations. vi. Maintenance of industrial peace and avoidance of industrial strife vii. Development of true industrial Democracy Effects of poor Industrial Relations Poor Industrial Relation produces highly disquieting effects on the economic life of the country. We may enumerate the ill-effects of poor Industrial Relations as under: 1. Multiplier effects: Modern industry and for that matter modern economy are interdependent. Hence although the direct loss caused due to industrial conflict in any one plant may not be very great, the total loss caused due to its multipliers effect on the total economy is always very great.
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2.
Fall in normal tempo: Poor Industrial Relations adversely effect the normal tempo of work so that work ar below the optimum level. Costs build up. Absenteeism and labor turnover increase. Plants discipline breaks down and both the quality and quality of production suffer.
3.
Resistance of change: Dynamic industrial situation calls for change more or less continuously. Methods have to be improved. Economics have to be introduced. New products have to be designed, produced and put in the market. Each of these tasks involves a whole chain of changes and this is resisted bitterly if these are industrial conflict.
4.
Frustration and social cost: Every man comes to the work place not only to earn a living. He wants to satisfy his social and egoistic needs also. When he finds difficulty in satisfying these needs he feels frustrated. Poor Industrial Relations take a heavy toll in terms of human frustration. They reduce cordiality and aggravate social tension.
Suggestions to Improve Industrial Relation a. Both management and unions should develop constructive attitudes towards each other b. All basic policies and procedures relating to Industrial Relation should be clear to everybody in the organization and to the union leader. The personnel manager must make certain that line people will understand and agree with these policies. c. The personnel manager should remove any distrust by convincing the union of the companys integrity and his own sincerity and honesty. Suspicious, rumors and doubts should all be put to rest. d. The personnel manager should not vie with the union to gain workers loyal to both the organization. Several research studies also confirm the idea of dual allegiance. There is strong evidence to discard the belief that one can owe allegiance to one group only. e. Management should encourage right kind of union leadership. While it is not for the management to interfere with union activities, or choose the union leadership, its action and attitude will go a long way towards developing the right kind of union leadership. Management gets the union it deserves is not just an empty phrase. Managements IMPORTANCE OF INDUSTRIAL RELATIONS: The healthy industrial relations are key to the progress. Their significance may be discussed as under 1. Uninterrupted Production The most important benefit of industrial relations is that this ensures continuity of production. This means, continuous employment for all from manager to workers. The resources are fully utilized, resulting in the maximum possible production. There
is uninterrupted flow of income for all. Smooth running of an industry is of vital importance for several other industries; to other industries if the products are intermediaries or inputs; to exporters if these are export goods; to consumers and workers, if these are goods of mass consumption. 2. Reduction in Industrial Disputes Good industrial relation reduces the industrial disputes. Disputes are reflections of the failure of basic human urges or motivations to secure adequate satisfaction or expression which are fully cured by good industrial relations. Strikes, lockouts, go-slow tactics, gherao and grievances are some of the reflections of industrial unrest which do not spring up in an atmosphere of industrial peace. It helps promoting co-operation and increasing production. 3. High morale Good industrial relations improve the morale of the employees. Employees work with great zeal with the feeling in mind that the interest of employer and employees is one and the same, i.e. to increase production. Every worker feels that he is a coowner of the gains of industry. The employer in his turn must realize that the gains of industry are not for him along but they should be shared equally and generously with his workers. In other words, complete unity of thought and action is the main achievement of industrial peace. It increases the place of workers in the society and their ego is satisfied. It naturally affects production because mighty co-operative efforts alone can produce great results. Mental Revolution The main object of industrial relation is a complete mental revolution of workers and employees. The industrial peace lies ultimately in a transformed outlook on the part of both. It is the business of leadership in the ranks of workers, employees and Government to work out a new relationship in consonance with a spirit of true democracy. Both should think themselves as partners of the industry and the role of workers in such a partnership should be recognized. On the other hand, workers must recognize employers authority. It will naturally have impact on production because they recognize the interest of each other. New Programmes New programmes for workers development are introduced in an atmosphere of peace such as training facilities, labor welfare facilities etc. It increases the efficiency of workers resulting in higher and better production at lower costs. Reduced Wastage Good industrial relations are maintained on the basis of cooperation and recognition of each other. It will help increase production. Wastages of man, material and machines are reduced to the minimum and thus national interest is protected.
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4.
5.
6.
Thus, from the above discussion, it is evident that good industrial relation is the basis of higher production with minimum cost and higher profits. It also results in increased efficiency of workers. New and new projects may be introduced for the welfare of the workers and to promote the morale of the people at work.
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An economy organized for planned production and distribution, aiming at the realization of social justice and welfare of the massage can function effectively only in an atmosphere of industrial peace. If the twin objectives of rapid national development and increased social justice are to be achieved, there must be harmonious relationship between management and labor. DIFFERENCE BETWEEN INDUSTRIAL RELATIONS AND HUMAN RELATIONS: The term Industrial Relations is different from Human Relations. Industrial relations refer to the relations between the employees and the employer in an industry. Human relations refer to a personnel-management policy to be adopted in industrial organizations to develop a sense of belongingness in the workers improves their efficiency and treat them as human beings and make a partner in industry. Industrial relations cover the matters regulated by law or by collective agreement between employees and employers. On the other hand, problems of human relations are personal in character and are related to the behavior of worker where morale and social elements predominated. Human relations approach is personnel philosophy which can be applied by the management of an undertaking. The problem of industrial relations is usually dealt with a three levels the level of undertaking, the industry and at the national level. To sum up the term Industrial Relations is more wide and comprehensive and the term Human Relations is a part of it. Determining factors of industrial relations Good industrial relations depend on a great variety of factors. Some of the more obvious ones are listed below: 1. History of industrial relations No enterprise can escape its good and bad history of industrial relations. A good history is marked by harmonious relationship between management and workers. A bad history by contrast is characterized by militant strikes and lockouts. Both types of history have a tendency to perpetuate themselves. Once militancy is established as a mode of operations there is a tendency for militancy to continue. Or once harmonious relationship is established there is a tendency for harmony to continue. 2. Economic satisfaction of workers Psychologists recognize that human needs have a certain priority. Need number one is the basic survival need. Much of men conducted are dominated by this need. Man works because he wants to survive. This is all the more for underdeveloped countries where workers are still living under subsistence conditions. Hence economic satisfaction of workers is another important prerequisite for good industrial relations.
3.
Social and Psychological satisfaction Identifying the social and psychological urges of workers is a very important steps in the direction of building good industrial relations. A man does not live by bread alone. He has several other needs besides his physical needs which should also be given due attention by the employer. An organization is a joint venture involving a climate of human and social relationships wherein each participant feels that he is fulfilling his needs and contributing to the needs of others. This supportive climate requires economic rewards as well as social and psychological rewards such as workers participation in management, job enrichment, suggestion schemes, re-dressal of grievances etc.
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4.
Off-the-Job Conditions An employer employs a whole person rather than certain separate characteristics. A persons traits are all part of one system making up a whole man. His home life is not separable from his work life and his emotional condition is not separate from his physical condition. Hence for good industrial relations it is not enough that the workers factory life alone should be taken care of his off-the-job conditions should also be improved to make the industrial relations better.
5.
Enlightened Trade Unions The most important condition necessary for good industrial relations is a strong and enlightened labor movement which may help to promote the status of labor without harming the interests of management, Unions should talk of employee contribution and responsibility. Unions should exhort workers to produce more, persuade management to pay more, mobilize public opinion on vital labor issues and help Government to enact progressive labor laws.
6.
Negotiating skills and attitudes of management and workers Both management and workers representation in the area of industrial relations come from a great variety of backgrounds in terms of training, education, experience and attitudes. These varying backgrounds play a major role in shaping the character of industrial relations. Generally speaking, well-trained and experienced negotiators who are motivated by a desire for industrial peace create a bargaining atmosphere conducive to the writing of a just and equitable collective agreement. On the other hand, ignorant, inexperienced and ill-trained persons fail because they do not recognize that collective bargaining is a difficult human activity which deals as much in the emotions of people as in their economic interests. It requires careful preparation and top notch executive competence. It is not usually accomplished by some easy trick or gimmick. Parties must have trust and confidence in each other. They must possess empathy, i.e. they should be able to perceive a problem from the opposite angle with an open mind. They should put themselves in the shoes of the other party and then diagnose the problem. Other factors which help to create mutual trust are respect for the law and breadth of the vision. Both parties should show full respect for legal and voluntary obligations and should avoid the tendency to make a mountain of a mole hill.
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7.
Public policy and legislation When Government, regulates employee relations, it becomes a third major force determining industrial relations the first two being the employer and the union. Human behavior is then further complicated as all three forces interact in a single employee relation situation. Nonetheless, government in all countries intervenes in management union relationship by enforcing labor laws and by insisting that the goals of whole society shall take precedence over those of either of the parties. Government intervention helps in three different ways 1) it helps in catching and solving problems before they become serious. Almost every one agrees that it is better to prevent fires them to try stopping them after they start; 2) It provides a formalized means to the workers and employers to give emotional release to their dissatisfaction; and 3) It acts as a check and balance upon arbitrary and capricious management action.
8.
Better education With rising skills and workers education expectations in respect of rewards increases. It is a common knowledge that the industrial worker in India is generally illiterate and is misled by outside trade union leaders who have their own axe to grind. Better workers education can be a solution to this problem. This alone can provide worker with a proper sense of responsibility, which they owe to the organization in particular, and to the community in general.
9.
Nature of industry In those industries where the costs constitute a major proportion of the total cast, lowering down the labor costs become important when the product is not a necessity and therefore, there is a little possibility to pass additional costs on to consumer. Such periods, level of employment and wages rise in decline in employment and wages. This makes workers unhappy and destroys good industrial relations.
INDUSTRIAL RELATIONS PROGRAMME Todays professional industrial relations director, or by whatever title he is designated, no longer views his job as personalizing management, or that of a social worker in a factory, or a union buster, he looks upon his department as an adjunct to management supervision at all levels; he keeps other executives informed about new discoveries, programme trends and needs. At the same time, he provides efficient service in the operation of several centralized services A successful industrial relations programme reflects the personnel viewpoint, which is influenced by three main considerations: a. Individual thinking b. Policy awareness and c. Expected group reaction Individualized thinking makes if imperative for the administrator to consider the entire situation in which the affected individual is placed. Policy awareness underscores the idea
of the consistency of treatment and the precedent value of any decision which a management takes; while expected group reaction balances what we know of human nature in groups against an individuals situation in the light of the policy that has been formulated and implemented. In all these different circumstances, reality demands that all the three aspects of the personnel viewpoint should be considered at once in terms of the past, the present and the future. This viewpoint is held at all the levels of management from the top to the bottom, from the top executives and staff to the line and supervisory personnel. SCOPE OF INDUSTRIAL RELATIONS WORK: The staff employed in the industrial relations department should know the limitations within which it has to function. The industrial relations director generally has several assistants who help him to perform his functions effectively, and he usually reports directly to the president or chairman of the board of directors of an organization. The functions of the industrial relations staff are 1. Administration, including overall organization, supervision and co-ordination of industrial relations policies and programmes. 2. Liaison with outside groups and personnel departments as well as with various cadres of the management staff. 3. The drafting of regulations, rules, laws or orders and their construction and interpretation. 4. Position classification, including overall direction of job analysis, salary and wage administration, wage survey and pay schedules. 5. Recruitment and employment of workers and other staff. 6. Employment testing, including intelligence tests, mechanical aptitude tests and achievement tests. 7. Placement, including induction and assignment. 8. Training of apprentices, production workers, foremen and executives. 9. Employee counseling on all types of personnel problems-educational, vocational, health or behavior problems. 10. Medical and health services. 11. Safety services, including first aid training 12. Group activities, including group health insurance, housing, cafeterial programmes and social clubs. 13. Suggestion plans and their uses in labor, management and production committees. 14. Employee relations, especially collective bargaining with representatives and settling grievances. 15. Public relations. 16. Research in occupational trends and employee attitudes, and analysis of labor turnover.
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17. Employee records for all purposes. 18. Control of operation surveys, fiscal research and analysis. 19. Benefit, retirement and pension programmes. FUNCTIONAL REQUIREMENTS OF A SUCCESSFUL INDUSTRIAL RELATIONS PROGRAMME The basic requirements on which a successful industrial relations programme is based are:a) Top Management Support: Since industrial relations is a functional staff service, it must necessarily derive its authority from the line organization. This is ensured by providing that the industrial relations director should report to a top line authority to the president, chairman or vice president of an organization. b) Sound Personnel Policies: These constitute the business philosophy of an organization and guide it in arriving at its human relations decisions. The purpose of such policies is to decide, before any emergency arises, what shall be done about the large number of problems which crop up every day during the working of an organization. Policies can be successful only when they are followed at all the level of an enterprise, from top to bottom. c) Adequate Practices should be developed by professionals: In the field to assist in the implementation of the policies of an organization, a system of procedures is essential if intention is to be properly translated into action. The procedures and practices of an industrial relations department are the tool of management which enables a supervisor to keep ahead of his job that of the timekeeper, rate adjuster, grievance reporter and merit rater. d) Detailed Supervisory Training: To ensure the organizational policies and practices are properly implemented and carried into effect by the industrial relations staff, job supervisors should be trained thoroughly, so that they may convey to the employees the significance of those policies and practices. They should, moreover, be trained in leadership and in communications. e) Follow-up of Results: A constant review of an industrial relations programme is essential, so that existing practices may be properly evaluated and a check may be exercised on certain undesirable tendencies, should they manifest themselves. A follow up of turnover, absenteeism, departmental morale, employee grievances and suggestion; wage administration, etc. should be supplemented by continuous research to ensure that the policies that have been pursued are best fitted to company needs and employee satisfaction. Hints of problem areas may be found in exit interviews, in trade union demands and in management meetings, as well as in formal social sciences research.
12
1.3 TRADE UNION AND ITS IMPORTANCE The existence of a strong and recognized trade union is a pre-requisite to industrial peace. Decisions taken through the process of collective bargaining and negotiations between employer and unions are more influential. Trade unions play an important role and are helpful in effective communication between the workers and the management. They provide the advice and support to ensure that the differences of opinion do not turn into major conflicts. The central function of a trade union is to represent people at work. But they also have a wider role in protecting their interests. They also play an important educational role, organizing courses for their members on a wide range of matters. Seeking a healthy and safe working environment is also prominent feature of union activity. Trade unions help in accelerated pace of economic development in many ways as follows: by helping in the recruitment and selection of workers. by inculcating discipline among the workforce by enabling settlement of industrial disputes in a rational manner by helping social adjustments. Workers have to adjust themselves to the new working conditions, the new rules and policies. Workers coming from different backgrounds may become disorganized, unsatisfied and frustrated. Unions help them in such adjustment.
NOTES
Trade unions are a part of society and as such, have to take into consideration the national integration as well. Some important social responsibilities of trade unions include: promoting and maintaining national integration by reducing the number of industrial disputes incorporating a sense of corporate social responsibility in workers achieving industrial peace
1.4 TREND IN NUMBER OF REPORTING FACTORIES EMPLOYMENT Absenteeism & Labour Turnover, Average Labour Cost and Average Wages/Salaries of Employees Sl. No. Parameters Year
2000 01 2001-02 2002-03 2003-04 2004-05 1. No. of Reporting Factories 2. Average Daily Employment a. All Employees 7988233 7751095 7935948 7870081 8453624
128339
125834 125834 125844 136356
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b. All Workers c. Male Workers d. Female Workers e. Child Workers f. Contract Workers 3. Absenteeism Rate (%) @ 4. Labour Turnover a. Accession Rate (%) @ b. Separation Rate (%) @ 5. Labour Cost on Employees per Manday Worked (Rs.) 6. Percentage of Labour Cost to Total Cost of Production a. Wages/Salaries b. Bonus c. Provident Fund d. Welfare Expenses
6135675 5958492 6161493 6086908 6599298 4000370 3771435 3809037 3695860 3863691 881171 666 10.08 15.97 17.16 889292 306 9.44 15.26 17.43 929745 557 9.61 15.44 16.57 894992 987497 385 10.01 16.79 18.11 45 8.96 18.45 16.94
1253468 1297458 1422155 1495671 1748065
256.45 271.96 285.05 305.89 307.76 7.78 77.55 4.44 4.35 76.29 4.19 11.93 7.22 7.15 76.59 4.12 12.12 7.36 6.82 76.40 4.11 10.31 7.36 7.45 5.81 77.95 4.29
7. Percentage of Components of Labour Cost to Total Labour Cost
10.75
12.30 7.25
8. Wages/Salaries per Man-day Worked (Rs.) by a. All Employees b. All Workers c. Male Workers d. Female Workers e. Child Workers f. Contract Workers 78.45 55.63 90.10 198.88 148.86 79.13 38.78 90.95 207.47 152.38 82.17 61.87 96.68 218.31 158.75 87.33 51.57 100.96 233.71 165.55 91.00 28.86 109.71 239.91 168.58
180.02 187.84 197.85 207.72 212.30
@ Among Directly Employed Regular Workers during the calendar year. NB: 1. Workers are defined to include all persons employed directly or through any agency, whether for wages or not, in any manufacturing process or in cleaning any part of machinery or premises used for manufacturing process or in any other kind of work, incidental to, or connected with the manufacturing process or the subject of manufacturing process. Labour engaged in repair and maintenance or production of fixed assets for factorys own use or labour employed for generating electricity, etc. is also included.
14
2. Employees include all workers and persons receiving wage/salary and holding supervisory or managerial positions engaged in administrative office, store keeping and welfare sections, sales department as also those engaged in purchase of raw materials, etc or purchase of fixed assets for the factory and watch and ward staff. 1.5 TRADE UNION CONCEPT The classic definition of trade union was given by Sidney and Beatrice Webb states that it is a continuous association of wage earners for the purpose of maintaining and improving conditions of their working lives. In their time, the brand to trade union organizations that existed was small and local representating a specific skill or trade. The definition refers to a permanent organization of workers rather than one which is created for a particular purpose and died later on. The term wage earner in its purview includes salary earns. The objectives of such association is to maintain and improve the working conditions of its members 1.5.1 A few commonly cited definitions trade union are Dale Yoder, A trade union is a continuous association of wage-earners for the purpose maintaining of improving the conditions of their working lives. S.D. Puneker, A trade union is a monopolistic combination of wage-earners who as individual producers are complementary to one another but who stand to employers in a relation of dependence for the sale of their labour and production, and that the general purpose of association is in view of that dependence to strengthen their power to bargain with the employers of bargaining collectively. However, for the sake of discussion, these definitions may sound good, but a legalistic definition of trade union is desirable in understanding its concept as prevalent in a particular society. This is because in the case of industrial dispute or on all union matter, on has to go by what the letter of laws says and not by what people perceive the union to be. The British Trade Union Act views it thus, A trade union is a combination with the main objective of regulating the relation between workmen and masters or between workmen and workmen or between masters and masters for imposing of restrictive conditions on the conduct of any trade or business and also provision of benefits to members In the words of India Trade Union Act, 1926, A trade union is any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers, or between workmen and workmen, between employees and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions.
NOTES
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This definition is defective because it allows even non-workers to form a trade union; also it is narrow and vague about the aims and purpose of forming such a union. Yet the definition with a clear and legal wording is certainly important in relation to getting a trade union registered with the Registrar of Trade Unions and when legal interpretation of trade union is required in the case of industrial disputes etc. The characteristic which define a trade union includes i) A Statement that the organization is a trade union. ii) A Statement of its principal objectives, clearly specifying the fact that the organization formed is for the betterment of its members, i.e workers. iii) Registration with the Registrar of Trade Unions having jurisdiction on the area where Trade Union functions iv) Independence from the employer, which may be evident form the certificate issued by the Registrar of Trade Unions. v) Affiliation with the central trade union organization All the trade unions do not necessarily shown these characteristics, yet many of the large trade unions do. 1.5.2 General Features of Trade Unions Coming out of a vast array of literature on the subject, here a few general features trade unions are detailed out: (1) The trade union is an association either of employers or employees or of independent workers. Accordingly, in India such unions may consist of i. Merchants or employers associations (like the Employers Federation of India, the All-India Manufacturers Organisations, the All India Organisation of Industrial Employers, the Tea Planters Association of North India, the United Planters Association of South India, the Indian Jute Mills Association, the Indian Sugar Mills Association the Bombsy Mill Owners Association, and the Indian Paper Mills Association; ii. The general labour unions iii. The friendly societies and iv. Combination of intellectual labour like (the All-India Teachers Association; the All-India Bank Employees Association; the All-India Medical Doctors Association; the Railway mens Federation; National Federation of Posts and Telegraphs Workers; the All-India Mine Workers Federation etc.) On the other hand, in England, the term trade union also refers to the associations of professional persons such as artists federations, musicians union etc. In China, they refer to the trade union as an association of members of manual wageearners in enterprises, institutions schools and also working class engaged in irregular employments.
In the erstwhile USSR, they were a mass non-party public organization which units on a voluntary basis, the workers and other employees of all occupations. They are really the masses of workers and others employees around the party which are mobilized for the struggle to build a communist society. In USA, theses organizations are combinations of all persons in a given trade with the purpose of demanding and securing for each and all of them a definite minimum standard of wages, hours and conditions of works. It may , however , be noted that all similar organizations cannot truly be regarded as trade unions, because the associations of employers are concerned with influencing the terms of purchase of services in favour of their members which they need for performing particular tasks. The associations of professional persons, too cannot be regarded as true trade unions because their main objectives are to improve the training and education of their members. Further, such associations include the self-employed as well as the employees. The trade union should, therefore, be regarded as an association only of workers or employees. Thinkers like the Webbs, Cunnison and others do not recognize the employers associations and professional bodies as trade unions because they differ fundamentally from the workers organizations. They are of the view that if professional associations are treated as trade unions, a similar problem may arise for associations of sellers of services, like traveling and commission agents, bankers, insurance and property brokers and hotelowners, and to include them within the fold of the trade unions would be cumbersome and undesirable. Sometimes, workers allow their employers to join their unions and vice versa. Such organization may be called trade combinations or mixed combinations as provided in the statutory provisions in Chile, France, Hungary and Romania. In India, such organizations have been referred to as quasi-unions. (2) Labour unions are relatively permanent association of workers and are not temporary or casual: They persist throughout the years and conceive of their purpose as on which is not merely immediate but continues. They do not expect to attain their objectives in a day because they anticipate and contemplate continuing stream of additional objectives to be adopted from time to time. The most frequently used techniques by trade union is collective bargaining by which is meant the subordination of individual employer-employee relationships, in so far as the latter involve determination of wages and other conditions of employment-agreements affecting all workers in a group, arrived at by means of bargaining carried on not by workers themselves but by their union representatives. (3) A Trade union is an association of workers who are engaged in securing economic benefits for its members: In other words it is essentially a cooperative labour marketing association. Its purpose is to secure control of the supply of labour in
17
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one or more markets and to maintain that control as a means of fixing the price of labour as well as the conditions under which it works. But this does not mean that the advancement of the economic interests of its members is the sole purpose of a trade union. As they also try to advance the social political and cultural complex co economic, legal, ethical and social problems, which can be understood and met only by knowing the facts and genesis of the viewpoint of organized labour in all its diversity, contradictions and shifting character and by considering this viewpoint in relation to developing social contradictions and social traditions. The trade unions of to-day are plurist in character and by so slowly changing environment. The traditional concept of trade union functions which was to defend the workers rights and interests against the employers and the state has now changed and been replaced by a new approach to its functions, namely: (i) (ii) (iii) (iv) Protection of workers and provision for their security; Improving the wages, conditions of work and standards of living; Raising the status of the workers as a part of industry and citizen of society; and Contributing in nations socio-economic development
(4) The character of trade unions has been constantly changing: The changes in technology and system of production create fresh problems. Trade unions change their methods and their working to adjust themselves to changing circumstances. Therefore, there has been no finality about trade unions their working and their methods. They have gradually evolved and have now come to occupy an important place in modern industrial order. From criminal and illegal associations, they have now become legalized and recognized institutions; from institutions which were only very small bodies, they have how become gigantic associations; form institutions that were primarily interested in the advancement of the cause of their own membership, they have now become institutions which are interested in the social, cultural and political development of the country. The trade unions, thus, have made remarkable progress since their inception (5) The origin and growth of trade unions have been i8nfluenced by a number of ideologies: The socio economic and even political movements have influenced trade unions in one or the other way. The Marx and Engles Theory of Class War influenced trade unionism in a number of ways. Their theory of class-conflict and dialectical materialism created a class of trade unionists who regarded labour organization as absolutely essential for bringing about a revolutionary and fundamental change in the social order. The proletariat must overthrow the present bourgeois class, capture state power and usher in a classless society because the capitalistic class has long defensive, namely, to fight for the maintenance of the existing wages, to demand (relatively) higher wages, and the betterment of the conditions of work. The socialists, followed by the Webbs, consider trade unionism to be an extension of the principle of democracy in the sphere of industry. They require trade unions to be
institutions for overcoming managerial dictatorship to strengthen individual labourers and to give them a voice in the determination of the conditions under which they have to work. The Webbs observed: If the democratic State is to attain its fullest and finest development, it is essential that the actual needs and desires of the human agents concerned should be the main consideration in determining the conditions of employment. Here, then, we find the special function of the trade union in the administration of industry. India, too has accepted the creation of industry democracy as a prerequisite of the establishment of a socialist society. Lenin characterized the trade union as an educational organization, a school administration, a school of economic management, a school of communism. In all socialist countries, it has been accepted that the trade unions have to take an active part in preparing laws concerning labour, production, the way of life, culture and the implementation of these laws. There is no doubt there is a class conflict, but it is sought to be met through equality and collective agreements and joint consultations. The state recognizes the rights of the people to work, rest and leisure and maintenance in old age, sickness and disability, education and equal pay of equal work. The workers and managers have the same common purpose, namely, to promote the interests of the socialist state with which their own interest are bound up. Prof. Ghosh observers, Although modern unions interest is the production problem of the industry or their concern with the broader social affairs like employment of price stabilization, may be explained as derivations from their primary interest-maintaining or improving or improving the conditions of their members working lives it cannot explain the keenness with which many of the modern trade unions in different countries demand not only the right to be consulted in production problems and workers welfare arrangements by the management, but also a direct share in the management itself. Demand for industrial democracy has always influenced a section of the working class, but, in the fifties of the 20th century the demand has gained particular intensity in the trade union circles of a large numbers of countries, including some underdeveloped ones. In fine, it can be said that the modern trade union retains four characteristics from its early origins: (i) (ii) (iii) (iv) It is economically oriented It is an instrument of defense. It implies class distinction It is an outcome of an individualistic society.
NOTES
1.5.3 Functions of Trade Unions The functions of modern trade unions are wide and more comprehensive than those of their forerunners. Generally speaking, these functions have been termed as (i) militant of protection functions, and (ii) fraternal, ministrant of positive functions. The former functions
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aim at securing better conditions of work and employment for members through militant activities such as strikes, gherao, etc. if there is failure of collective bargaining. The latter functions provide benefits to their members and support to them during strikes/lockouts or during periods so temporary unemployment by giving them financial support out of the funds raised with their contributions. One author has categorized the functions of trade union as intra-mural and extramural functions. The former include the welfare schemes of the unions within factory premises to improve workers conditions of employment; regulation of hours of work, and provision of rest intervals, adequate wages, sanitation, safety and security; continuity of employment, etc. For performing theses functions, collective bargaining, negotiations and resort to a strike/lockout may be adopted. The latter include welfare schemes carried on with a view to help workers when in need of such assistance (medical of financial) during casualties, provision of education, recreational and housing facilities; provision of social and religious benefits, including payment of expenses of funeral or religious ceremonies for the deceased members of their dependants. All theses measures are designed to inculcate the spirit of cooperation among the workers. According to Samuel Gompers, Trade unions were born of the necessity of workers to protect and defend themselves from encroachment, injustice, and protect the workers in their inalienable right to higher and better life; to protect them, not only as equal before the law, but also in their rights to the product of labour, to protect their lives, their limbs, their health, the homes, their firesides, their liberties as men, as workers, as citizens, to overcome and conquer prejudice and antagonism, to secure them the fight to life, and the opportunity to maintain the result of their brain and brawn, and the civilization of which they are the founders and the mainstay. Before we give a consolidate picture of the functions/objectives of a trade union, it would be useful to glance at their functions in some countries 1.6 GROWTH AND DEVELOPMENT OF THE TRADE UNION MOVEMENT The growth and development of the labour movement, and for that part of the trade unions, in India, can be divided into following periods, each of them revealing different tendencies that mark it from others. 1. Social Welfare period, from 1875 to 1918 2. Early Trade Union period, from 1918 to 1924 3. Left-wing Trade Unionism period, from 1924 to 1934 4. Trade Unions Unity period from 1935 to 1938 5. Second World War period from 1939 to 1945 6. Post independence period from 1947 to date
1.6.1 Social Welfare period, from 1875 to 1918 The development of industries led to large scale production on the one hand and social evils like employment and exploitation of women and child labour and the deplorable working conditions, the governments attitude of complete indifference in respect of protection of labour from such evils, on the other. Some of the worst features of industrialism market the history of early factory system in India. In certain respects, conditions of labour in India factories were worse than in the early factories in England. Unfortunately there was no effective public opinion part villagers endeavoring to improve their position by a temporary alliance to industry were submissive and unorganized; and if conditions become too distasteful, the natural remedy was not a strike but abandonment by individuals of the mill or of industry generally or they migrated to other industrial centers or want back to their villages. There was no attempt at collective bargaining or at obtaining redress through concerted action. It was at this juncture that the Indian humanitarians, like Sorabjee Shapurji Bengali (1875) and N.M Lokhanday (in 1884) who themselves were factory workers, drew attention of the government towards the unhappy working conditions of the labourers and demeaned an early legislation to protect their interests. At the same time , the Lancashire interests also forced the British government to British the employment of women and child labour in India industries, not on any humanitarian ground, but on the was passed in 1881, and then amended in 1891 and 1911, respectively. Theses Acts introduced some improvements in regard to shorter hours, and conditions of work for children and women labour. The most noticeable features of the period, 1875-1918, were: (1) Complete absence of radicalism in the labour movement. The methods used by the workers were characterized by a tendency to petition, memorials and seek redress of grievances by mild pressure. These methods reflect the influence of leaders like Naryan Meghajee Lokhanday, Shapurjee Bengali, S.N.Banerjee, and others who were all political moderates and law abiding persons. They were rather social workers desirous to serve the society through amelioration. With theses characteristics, writes Punekar, the labour movement could hardly tackle such problems as excessive hours of work, few holiday, irregular payment of wages, incompetency of mill managers, inadequate fencing of machinery and the ill-ventilated and filthy sate of many work places. (2) The movement depended greatly on external philanthropy. Philanthropic agitation was the fore-runner of labour movement in India and having originated in philanthropy its motive force was sympathy rather than justice. Born of philanthropy, it was a movement for the workers rather than by the workers. (3) Most of the organizations were unstable and of loose type, as they lacked definite aims and constitution. Once the particular grievance was settled the association would disband.
21
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(4) There was little conception of permanent trade union membership, the payment of dues or organized collective bargaining. About the Bombay mill hands Association, Dutt observed, The Association has no existence as an organized body, having no roll or membership, no funds no rule (5) The movement developed mostly among the educated class of workers such as the postal clerks and railway employees. It, however, did not make much progress in organized industries like textiles, mining and plantations. (6) The early leadership was provided by three types of persons. First, intellectuals such as lawyers, reformers, editors, teachers and preachers, who readily came forwarded to organize and lead the workers. Second, the careerists, who saw in the needs of workers opportunities for furthering their own ends, jumped in masquerading as labour leaders. The third group from M.Vardarajulu Naidu, B.Shiv Rao, Annie Basant and B.G.Talak, N.M.Joshi. 1.6.2 Early Trade Union period, from 1918 to 1924 The year 1918 was an important one for the Indian trade union movement. It market the start of a new era, an era of growth and one in which the leadership of the trade unions was to pass from the hands of the social workers into the hands of the politicians. The movement could take permanent roots in the Indian soil only after the close of World War I. This situation was due to : (i) The industrial unrest that few up as a result of grave economic difficulties created by war. The rising cost of leaving prompted the workers to demand reasonable wages for which purpose they united to take resort to collective action. (ii) The Swaraj movement intensified the movement, widened the gulf between the employees and te employees and brought about a mass awakening among the workers demanding racial equality with their British employers. The new consciousness produced restlessness, discontent, a spirit of defiance as well as new ideal and aspirations. (iii) the success of the Russian Revolution of 1971 created a revolutionary wave of ideas and a new self-respect and enlightenment, and added momentum to the feeling of class-consciousness among labourers. (iv) The establishment of the I.L.O., in 1919, gave dignity to the working class and also an opportunity to send a delegation to the annual conference of this body. It is was from this body that labour movement in various countries derived their inspiration, help and guidance. (v) Immediately after the war many Indian soldiers (who previously belonged to the working class) in the British army were demobilized and forced into the labour market. Theses ex-soldiers who had seen workers and the working conditions in Europe found that Western workers enjoyed better conditions of living because of their greater solidarity and of more opportunities available to them but Indian workers were denied these opportunities. By 1920, a large class of genuine proletariat developed. Hence, theses were new opportunities for the creation of trade unions. (vi) The non-co-operative movement of Gandhiji during 1920-21 and his support to the demand of industrial labour also greatly influenced the working class movement.
22
1.6.3 Left-wing Trade Unionism period , from 1924 to 1934 In 1924, a violent and long-draw-out strike by unions led to the arrest, prosecution, conviction and imprisonment of many communist leaders. The AITUC emerged as the representative of the Indian working class. By 1927 it united 57 unions with a membership of 150,555. the rapid growth of the trade unionism was facilitated by several factors, such as: (i) the growth anti-imperialist national movement; (ii) the brutal violence and repressive measures let loose by the British government, particularly the Jallianwala Bagh massacre, Rowlatt Act, indiscriminate arrest and imprisonment of national leaders and Satyagrahis; (iii) the phenomenal profits earned by the capitalist in the face of falling real ages during the post-war period. 1.6.4 Trade Unions Unity period - 1935 to 1938 In mid-thirties of the 20th century the state of divided labour movement was natural thought undesirable and soon after the first split, attempts at trade union unity began to be made through the efforts of the Roy Group on the basis of a platform of unity. The imitative taken by All-India Railwaymens Federation (s neutral body) had shown fruitful results. This Federation in its conference at Bombay, formed a Trade Union Unity committee in 1932. The Committee adopted the following platform of unity. A trade union is an orange of class-struggle; its basis task is to organize the workers for advancing and defending their rights and interests. Negotiation, representations and other methods of collective bargaining must remain an integral part of the trade union activates. It also laid down certain broad conclusions agreeable to both wings of labour-the AITUF and the INTUC. The final decision was taken in Delhi in 1933, when National Federation of Labour (NFL) was formed to facilitate the attempt towards unity. The AITUF and the railway unions amalgamated themselves with NFL under the name of the National Trade Union Federation (NTUF). The AITUC and the RTUC, however, remained aloof from theses efforts. 1.6.5 Second World War period - 1939 to 1945 The Second World War, which broke out in September 1939, created new strains in the united trade union movement. These strains arose because of the different political factions in the AITUC related in different ways to the role of India as a protagonist in the war. A large group of trade unionists led by the members of the Radical Democratic Party (such as M.N.Roy, J.Mehra, Miss Maniben Kera and V.B.Karnik) was of the opinion that the AITUC should support and participate in the anti-fascist war irrespective of the acts of omission and commission of the British government. An equally large number (supported by S.C. Bose, and others) were opposed to that view on the ground that it was an imperialist war of Great Britain with which Indian had no unions with a membership of 3,00,000 and formed a new central federation known as the Indian Federation of Labour. In 1942, his
23
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Federation was recognized by the government as an organ representing Indian labour class. The IFL called : (i) for mobilization of Indian labour for conscious for securing for the workers bare minimum of wages and amenities which the wartime conditions effort if was aided by the Government of India, by providing large funds at the rate of Rs. 13,000 per month. The IFL grew very rapidly and by 1944, it claimed 222 unions with a membership of 407,773 workers. 1.6.6 Post independence period - 1947 to 2000 As pointed out earlier, when attempts to restructure the AITUC failed, those believing in the aims and ideals other than those of the AITUC separated from the organization and established the Indian National Trade Union Congress (INTUC) in May, 1947. the reason for forming a new union was expressed in the communication of G.L. Nada (the Secretary of the H.M.S.S.) addressed to all the congress-minded trade unionists. It reads: Congressmen in general and particularly those working in the field of labour, have found it very difficult to co-operate any longer with the AITUC which has repeatedly been adopting a course completely disregarding, or even in opposition to the declared policy and advice of the Indian National Congress. The Hindustan Mazdoor Sevak Sangh convened a conference in New Delhi on May 3 and 4, 1947. a resolution was adopted to set up another central organization. On September 25, 1947, the Working Committee of the Indian National Congress recommended to all Congressmen to get those unions, which they organized and of which they were the members, affiliated to the newly formed Indian National Trade Union. On January 20, 1984, Sardar Vallabhbhai Patel, while addressing a labour rally at Bombay, exhorted the workers to do away with the destructive leadership of the leftists who had been exploiting them for their own political ends and asked them to join the INTUC. The Creation of the INTUC was a confession both of the failure to create favorable conditions in the AITUC, and of the government and Congress party impatient with the leadership of the AITUC which had come completely under the domination of the communists. The INTUC was formed by Hindustan Mazdoor Sevak Sangh, a creation of the Pro-Gandhi wing in the Congress, who were associated with the Textile Labour Association of Ahmedabad. The ATLA became the guiding and driving force behind the INTUC. It also supplied 55,000 of the INTUCs intial membership of 575,000. the long experience of the ATLA in trade union affairs also resulted in a large proportion of the INTUC leaders coming from Ahmedabad. As Oranti puts it, Ideologically as well as administratively the bloodstream of the INTUC flows from Ahmedabad. Here the ATLA provides it with a strong membership nucleus, a rich treasury, and a cadre with a long experience in labour work. The INTUC itself joined the International Confederation of Free Trade Unions (ICFTU) as an affiliate. The INTUC had at the time of its inception 200 unions affiliated with it with a membership of 575,000. it grew rapidly in strength and it had the claim of
being recognized as the most representative central organization of organized labour in India. The AITUC, which for nearly 30 years had been considered as the Voice of Indian Labour. Thus lost ist premier position. According to its sponsors, the INTUC represented an attempt to go to the working class with a new and fresh approach to the solution of the problems. The INTUC was founded for establishing an order of society which is free from hindrances to al-round development of its individual members which fosters the growth of human personality in all its aspects and which goes to the utmost limit in progressively eliminating social, political and economic exploitation and inequality, the profit motive and economic activity and organization of society and the anti-social concentration of power in any form. Since the beginning the INTUC shared and supported the political outlook of the Indian National Congress its popular image was identified with that of the Congress, and hence, its policies are subject to directives of the Congress party. The constitution of the INTUC emphasizes democratic and peaceful methods, which are in harmony with the tradition, culture and aspirations of the people. 1.7 FUNCTIONS OF TRADE UNIONS The functions of modern trade unions are wide and more comprehensive than those of their forerunners. Generally speaking, these functions have been termed as (i) militant or protection function, and (ii) fraternal, ministrant or positive functions. The former functions aim at securing better conditions of work and employment for members through militant activities such as strikes, gherao, etc. if there is a failure of collective bargaining. The latter functions provide benefits to their members and support to them during strikes/lockouts or during periods of temporary unemployment by giving them financial support out of the funds raised with their contributions. One author has categorized the functions of trade union as intra-mural and extramural functions. The former include the welfare schemes of the unions within factory premised to improve workers conditions of employment; regulation of hours of work, and provision of rest intervals, adequate wages, sanitation, safety and security; continuity of employment, etc. For performing these functions, collective bargaining, negotiations and resort to a strike/lockout may be adopted. The latter include welfare schemes carried on with a view to help workers when in need of such assistance (medical or financial) during casualties, provision of education, recreational and housing facilities; provision of social and religious benefits, including payment of expenses of funeral or religious ceremonies for the deceased members or their dependents. 9 All these measures are designed to inculcate the spirit of cooperation among the workers.
NOTES
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According to Samuel Gompers, Trade unions were born of the necessity of workers to protect and defend themselves from encroachment, injustice, and protect the workers in their inalienable right to higher and better life; to protect them, not only as equal before the law, but also in their rights to the product of labour, to protect their lives, their limbs, their health, their homes, their firesides, their liberties as men, as workers, as citizen, to overcome and conquer prejudice and antagonism, to secure them the right to life, and the opportunity to maintain that result of their brain and brawn, and the civilization of which they are the founders and the mainstay. 10 Before we give a consolidated picture of the functions/objectives of a trade union, it would be useful to glance at their functions in some countries. 1.8 FUNCTIONS OF TRADE UNIONS IN INDIA As per the Indian Trade Union Act, 1926, the primary functions of a trade union are to protect and promote the interests of the workers and the conditions of their employment. They can also have other objectives, which are not inconsistent with this primary purpose or opposed to any law. In India, trade unions generally undertake the following functions: (i) To achieve higher wages and better working and living conditions for the members. (ii) To acquire control over industry by workers. (iii) To minimize the helplessness of the individual workers by making them stand-up unitedly and increasing their resistance power through collective bargaining; protecting the members against victimization and injustice by employers. (iv) To raise the status of the workers as partners in industry and citizens of society by demanding an increasing share for them in the management of industrial enterprises. (v) To generate self-confidence among the workers. (vi) To encourage sincerity and discipline among workers. (vii) To take up welfare measures for improving the morale of the workers. The National Commission on Labour has underscored certain basic functions to which trade unions have to pay greater attention such as: i. To secure fair wages for workers. ii. To safeguard the security or tenure and improve conditions of service. iii. To enlarge opportunities for promotion and training. iv. To improve working and living conditions. v. To provide for educational, cultural and recreational facilities. vi. To cooperate and facilitate technological advancement by broadening the understanding of workers in the issues involved in their jobs. vii. To promote identity of interests of the workers with their industry. viii. To offer responsive cooperation in improving levels of production and productivity, discipline and high standards of quality. ix. To promote individual and collective welfare.
Besides these basic functions of trade unions, the Commission enjoined the following responsibilities upon the unions: (i) (ii) (iii) Promotion of national integration. Generally, influencing the socio-economic policies of the community through the active participation in their formulation at various levels. Instilling in their members a sense of responsibility to industry and the community.
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The First Five-Year-Plan while spelling our the role of trade unions emphasized that they should: (a) Present plans to workers so as to create enthusiasm among them for the plans. (b) Exercise the utmost restraint in regard to work stoppage. (c) formulate wage demands which are attuned to the requirements of economic development and are in keeping with considerations of social justice. (d) Assume greater responsibility for the success of the productive effort. 20 A responsible trade union should cooperate in all crucial areas so that the tempo of growth, particularly in the industrial sector, can be speeded up. Thus, trade unions should maintain: (A) A reasonable degree of peace in industry: These conditions by promoting an uninterrupted flow of industrial output, adds to the national income and creates the needed investment climate. A responsible union balances the short-term workers gain with their long-run gain originating from a stable growth of the industry where they are employed. (B) Supporting technological change, i.e: to cooperate in the introduction of new technology, new processes, new managerial techniques etc. These technological changes by promoting an increase in the productivity of the concern also boost its efficiency and effectiveness. (C) Accept a growth-oriented wage payment system: The adoption of growthoriented wage system enables the management to utilize workers untapped potential. By extending co-operation in the above areas, the trade unions will be able to promote industrial growth, in particular and economic growth, in general. The improved productivity brought about by the promotion of technological changes and better utilization of labour would generate higher profits which can be ploughed back into industry. In fine, we can say that the role and functions of trade unions varies from country to country depending on its socio-economic development, political system, extent of trade unionism, extent of wage employment etc. In capitalist countries, they are defensive in character. There is generally some antagonism between the workers and the employers on basic issues relating to wage participation. In democratic countries, besides being defensive, the trade unions also assist the Government in executing their plans for the well-being of
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the working class. In erstwhile communist countries, they were dependent on the state for their functioning. The trade unions in countries like France and the Netherlands are statutorily required to be consulted on any draft legislation dealing with economic and social issues. In Sweden, unions participated at the highest level of planning. They are responsible for the implementation of labour and social security legislation. In Germany and Yugoslavia, trade unions take part in management under co-determination. In the USA and Australia, the unions are not very formal with the Government. In Britain, the role of the trade union as a partner in social control is played in an informal manner. Here the main point is to emphasize the fact that trade unions change their outlook, functions and practices to suit the prevailing conditions. That is why it has been said: The trade unions of to-day are not content with protecting and improving wages and conditions of labour; they concern themselves with all matters by which the workers are likely to be affected, whether as producers or consumers, whether as units of industrial manpower or as citizens. 21 In India, the role of trade unions has been perceived differently by the different national unions. For instance, according to the All India Trade Union Congress (AITUC), a trade union is an organization of the working class in its struggle against the all-pervading power of the capitalist class. It has to struggle with employers in order to secure better living and working conditions and to serve the interests of the working class in the given capitalist society, to mitigate the burden of exploitation. In its struggle, it used economic, political, moral and ideological means to attain its demands and objectives. The ultimate aim of the trade union movement is to abolish capitalism and wage slavery and establish socialism in which not only the working class but all layers of society are freed from exploitation.22 The Indian National Trade Union Congress (INTUC) is of the view that union should: (i) (ii) Serve their members and cater to the many-sided requirements of workers as responsible citizens. Plan for sustaining the interests of their members during times of industrial peace by organizing intellectual, social, cultural and recreational activities, consumer cooperatives, credit cooperatives and co-operative housing societies. Educate the rank and file so that the traditional agitational role should gradually be transformed into one of understanding. The unions should be given an effective role in the affairs of the industry.23
(iii)
The Hind Mazdoor Sabha (HMS) has pointed out that if trade unions allow themselves to be diverted from their traditional role in the name of requirements of economic development, the weaker and exploited sections of the working class will find themselves terrorized and deprived of safeguards to an even greater extent.24
The principal function of the trade union is the regulation of relations between the employers (management) and employees (workmen), and also the provision of benefit to its members. In this vein, it carries out the following objectives: (1) To organization of all eligible members under one platform. (2) To represent the workers to management in cases of disputes or differences. (3) To enter in the collective bargaining and other agreement on behalf of workers. (4) To represent workers on various participative forums. (5) To undertake various activities for the welfare of its members. (6) To provide benefit to members in case of sickness, old age, trade disputes, unemployment, litigation and also to provide funeral expenses. (7) Furtherance of political objectives. (8) To participate in the work of any association that furthers the activities of trade unions and its members. (9) To arrange the necessary activities for the social and moral upliftment of workers. (10) To arrange for printing or publishing facilities for the benefit of workers. It is to be noted that the functions undertaken by the trade unions are not static but changes with the changes in the economic and social set up of the country. The institutional set-up of the society in which they operate also determine the functions of the unions. In the initial stages, they undertake functions which are primarily concerned with safeguarding the members interests but with the passage of time and the pace of industrialization, change in technology and the system of production create new complex problems, the functions have been widened to meet the changing circumstances. According to Daker, Unions aim at securing economic security and betterment, industrial and social status, and the role as political institution. 1.9 TYPES AND STRUCTURE OF TRADE UNIONS Ever since the dawn of industrialization there has emerged a wide variety of unions across the globe. These are classed under two heads. 1.9.1 The purpose for which unions are formed. 1.9.2 Trade Unions based on their membership structure A brief discussion of different types of unions is given below. 1.9.1 The Union Classified According to Purpose Under this heads, normally two types of union exist. They are; (1) Reformist (2) Revolutionary.
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1.9.1.1. Reformist Unions These unions are those which aim at the preservation of the capitalist society and the maintenance of the usual employer-employee relationship, elimination of competitive system of production. They neither seek comprehensive change nor wish to destroy the existing social, economic or political structure of the State. They desire only to modify these in accordance with what their members consider to be current modes in society. For example, they may wish to increase labours share in the increased production or they may aim at improving working conditions by enforcing safety measures. They may try to generate increased purchasing power by providing for workers various cooperative ventures, insurance associations and educational programmes. They generally seek to dignify labour by forcing upon the public and its leaders a recognition of the importance of labour in modern society. All these objectives, they believe, can be attained without any extensive change in the present economic, social and political institutions. In the USA, the unions affiliated with A.F.L. (American Federation of Labour) and the C.I.O. (Congress for Industrial Organization) are predominantly of this type. They reformist unions have been sub-divided by Hoxie according to the objectives, into Business Unionism and Uplift Unionism 71 which are discussed here. a. Business Unionism is that form of labour cooperation in which employees enter the successful business relationships with employers. In other words, business unions are those that are maintained primarily to represent workers in collective bargaining with their employers. They have generally been craft-conscious rather than class-conscious. They are distinctively reformist which try to bring economic advantages to their members, including increased wages and improved working conditions. They use peaceful means to attain these ends and depend primarily upon collective bargaining for this purpose. Such unions favour voluntary arbitration, deprecate strikes and avoid political action, but when they serve their interests, they may use the weapon of strike and resort to political action also. b. Friendly or Uplift Unionism is idealistic in nature and aspires to elevate the moral, intellectual and social life of workers and advocates idealistic plans for social regeneration. It emphasizes such other considerations as education, health, insurance and benefits. It is not craft-conscious but interest conscious of the workers. It is conservative and law-abiding and employs the method of collective bargaining, but emphasizes the need of mutual insurance and drifts easily into political action, advocacy of cooperative enterprises, profit-sharing and other idealistic plans. 1.9.1.2 Revolutionary Unions hese unions aim at destroying the present structure completely and replacing it with new and different institutions according to the ideals that are regarded as preferable. The
revolutionary labour unionism generally seeks to destroy capitalist industry, to abolish the wage system and private property, to put and end to society based primarily upon competition and individual rights, and to substitute some other system, generally socialist and communist. It is extremely class-conscious rather than trade-conscious. In the USA, the most common example of this type of unionism is the Industrial workers of the World (I.W.W.). The revolutionary unionism is also of two types, namely, anarchist and political. (i) Anarchist Unions are those unions which try to destroy the existing economic system by revolutionary means. (ii) Political Unions are those which gain power through political action, the enactment of laws eliminating the power of capital and capitalists, redistributing wealth and giving effective power to workers. Dr. Hoxie also enumerates a third type of union, namely, the predatory union, and the guerrilla union. Both these he had referred to as labour racketeering. (iii) Predatory unionism does not subscribe to any ideology. It can adopt any method which will deliver the goods and it sticks at nothing. Its distinguishing characteristic is the ruthless pursuit of the matter in hand by whatever means seem most appropriate at the time, regardless of ethical and legal codes or the affect upon those outside its own membership. It is dominated by gangsters and is a tool for the enrichment of its leaders. It may employ business, friendly or revolutionary methods for the achievement of its goals. (a) A hold-up union represents a combination of unscrupulous business agents of a labour organization with equally unscrupulous employers to thrust exorbitant prices upon customers. When a craft is sufficiently organized so as virtually to control the local market, the bosses in an agreement with employers set excessive prices for the services they render to the public. The workers generally receive only a small part of the increase in charges, for their bosses and employers retain the larger portion. (b) A guerrilla union does not believe in cooperation with employers. It aims at exploiting whatever and whatsoever it can. It is generally not democratic but boss-ridden. Its leaders are unscrupulous, ruthless and irresponsible, and they frequently make use of all sorts of violence in their programmes of exploitation. This type of unionism mostly resorts to terrorism in its efforts to enforce its demands. A fourth type of union has also been added by the followers of Prof. Hoxie, namely, the dependent union. The existence of this type of union is dependent wholly or party on the other unions or the employees. 1.9.2 Union Classified on the Basis of Membership Structure The unions have also been classified according to variations in the composition of their members. On this basis, four types of unions have been recognized, namely, craft unions, staff unions, industrial unions, and general unions.
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1.9.2.1. Craft Union It is an organization of workers employed in a particular craft or trade or in a single or two or three related trades/crafts/occupations. Such organizations link together those workers who have similar skills, craft training and specialization. Historically speaking, it were the craft unions that lent stability to the trade union movement because of their relative stability in employment and higher earnings. the craft unions are mostly found amongst non-manual employees and professional workers. The Ahmedabad Weavers Union, the Kanpur Suti Mill Mazdoor Sabha, the International Wood Carvers Association and the Indian Pilots Guild are the outstanding examples of such unions. Others are the trade unions of employees in the commercial and banking industry, government establishments, and of the journalists, teachers, engineers, actors, barbers, doctors, mechanics, etc. Their members are generally craft-conscious rather than class-conscious. They derive their strength from the strategic position of their workers. Such unions are horizontal in character, for they enroll workers engaged in one or a single group of processes, such as spinning, weaving, warping, watch and ward; or carpenters, joiners, frame-makers. These unions aim at safeguarding the interests of the members against the onslaughts of employers. They may try to exploit the workers. Such unions provide only the barest minimum of associative integration. 1.9.2.2 Staff Union The term staff union is popularly used to refer both craft and industrial unions. It is an organization or rather a form of organization based on the sense of 72 common status and common need for help. It implies communality of outlook and presupposes some solidarity between workers of different trades. The staff union seeks to recruit members from of non-manual sectors including clerks, supervisors, draughtsmen, computerists, operators, technicians, managers etc. As the teritiary sector emerges on the economic platform, the number of employees working in such a sector (like health, services, local services etc) also increases, the persons working therein join such unions. Yet anther factor that leads to its popularity is the increasing participation of women in such unions. These unions tend to adopt more sophisticated bargaining than other types of unions. 1.9.2.3 Industrial Union It is an organization of workers which links all craftsmen and skilled workers in any one industry (such as coal, engineering, plantation, textiles) regardless of the differences in craft, skill, grade, position or sex. The common bond here is the industry in which the workers are employed. It is organized upon an industry-wise rather than a craft-wise basis. The membership is large; and it makes workers class-conscious and increases the feeling of solidarity among them. The Textile Labour Association of Ahmedabad, the Rashtriya Mill Mazdoor Sangh, Bombay, the Engineering Mazdoor Sabha, Bombay, the Labour Mines Mazdoor Sangh, Udaipur, are important examples.
Such organizations are vertical in character because they enroll all types of workers who are engaged in preparing raw materials for consumption. 1.9.2.4 General Union It is that organization which covers various industries and labourers having different types of skills. The objectives of these unions are all embarrassing in character. They have numerical superiority, for they are open to all classes of workers; and this is the source of their strength. From the point of view of solidarity, this type is ideal. The Jamshedpur Labour Union, Jamshedpur, the National Union of Municipal and General workers, the Transport and General Workers Union in the UK are examples of this type of unions. 1.10 CRAFTS VERSUS INDUSTRIAL UNIONS There has been a controversy regarding the union type whether craft unions or industrial unions should be developed. In the early days of the trade union movement, craft unions in the UK (New Model Union) and the IFL in the USA were developed, for in that period of instability, these provided a firmer basis. The crafts are compact groups; long training and apprenticeship develop cohesiveness in attitude, outlook and perception of problems. These unions enjoy many advantages. Some of these are: (i) It may give the most stable relationship; it may give the best service in securing desirable jobs; it is most likely to provide the needed training through apprenticeship and to control supply of labour. (ii) Such a union, comprising skilled workers, has a great striking power and therefore, a strong bargaining power; and consequently enjoys many advantages. e.g., help wage-earners to achieve a higher status and easier recognition. On the other hand, a craft union suffers from certain weaknesses. These are: (a) It can be easily broken by employers joint action because of different agreements expiring at different times. The employers may play one union against the other. (b) With rapidly expanding technology, the craft unions are being gradually displaced. (c) A craft union keeps a majority of the unskilled workers out of the main stream of the union movement. The Royal Commission of Trade Unions and EmployersAssociations (1965-1968) of the UK considered the merits and demerits of craft unions and concluded: The present craft system can be very prejudicial to efficiency and to the needs and aspirations of the workers outside the craft. The gathering speed of technological change will make it still more obsolete.
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Thus, in the UK and the USA, where modern industry started early, the craft/ occupational trade became the organization. In the USSR and in India, industrial unionism has been the rule, partly for political and partly for industrial reasons. The craft unions cut across skill and craft distinction of the workers employed in an industry and attempt to solidify them into one union. It is easy for the workers, believing in class-conflict, to fight a single employer or a group of employers through industrial unions. The national Commission on Labour mentions these advantages of industry wise unions.73 (i) (ii) (iii) The facility that they afford for collective bargaining; Introduction of a measure of uniformity in the principle governing all aspects of working conditions; and Reconciliation of sectional claims of different levels of workers within an industry.
1.11 ALL INDIA CENTRAL COUNCIL OF TRADE UNIONS (AICCTU) All India Central Council of Trade Unions (AICCTU) is a fighting trade union centre of the Indian working class. Its founding conference was held in Chennai in May 1989. The second and third allIndia conferences were held respectively in Calcutta (May 1992) and Patna (September 1995). Now the Fourth All India Conference was held in Delhi from September 22 to 24. This was preceded by an all-India workers rally in the capital on September 21. The 1990s has been the most challenging decade for the Indian trade union movement. Far from reversing the course of Indias economic stagnation and decline, the New Economic and Industrial Policies being followed since July 1991 seem only to have aggravated the situation. And for the working class, the new policies have led to large-scale disappearance of jobs, extensive erosion of wages and working conditions and severe curtailment of basic trade union rights. Through its own affiliates and as a consistent constituent of the sponsoring Committee of Indian Trade Unions, it has been AICCTUs sincere effort to enable the trade union movement in India to face this growing threat to Indias economic sovereignty and to the basic rights and interests of our workers. AICCTUs motto of organizing the unorganized and unionizing the ununionised has established it as a trusted trade union centre among large sections of the most exploited and oppressed workers in different corners of India. From the small and medium factory workers in Chennai to the jute mill workers around Calcutta, from the textile workers in Kanpur and Ahmedabad to the transport workers of Delhi, from the power loom and beedi workers of Tamil Nadu to the tea plantation workers of Assam, from the coal miners of Bihar to the contract labourers and quarry workers of Chhattishgarh, from the low-paid migrant labourers in Ludhiana to the construction workers in Jaipur, AICCTU has been steadily expanding its fighting network.
With its growing profile as an emerging centre of revolutionary trade unionism in India, AICCTU has also established solidarity links with the trade union movements in other parts of the world. They are altogether nearly a thousand leading activists, men as well as women, from different industries/occupations in different parts of the country. Trade union leaders from some foreign countries are also expected to participate. 1.11.1 Aims and Objectives (1) AICCTU stands for a resolute resistance to the offensive of capital against the Indian working class and the trade union movement. It is determined to put up a consistent fight in defense and for the extension of the rights and dignity of all workers and strive for the establishment of a socialist order in the country through the complete democratization of political, economic and socio-cultural life. (2) Thorough democratization of economic life entails: (a) encouragement of rapid and balanced development of the Indian economy through unleashing the productive energies of the working people, utilising the full potential of other productive resources, extending the control of the direct producers over the means of production and enhancing the say of the working people in economic decision-making at every level. (b) Checking the indiscriminate entry of foreign capital and breaking the hold of big business houses over joint stock companies. (c) Reinvigorating and restructuring the state sectors with particular emphasis on democratic management comprising the representatives of workers, technocrats and professionals. (d) Confiscation of all illegal assets and black money in the country and abroad. (e) Thorough growing land reforms and infrastructure development in rural areas; (f) Ensuring minimum wages, round the year employment opportunities (g) The coming September Conference in Delhi is expected to bring and sufficient landholdings for housing and sideline production to be provided for each agrarian labourer household. (3) AICCTU will rally the Indian working class to fight for the overthrow of the domination of the Indian economy by multinational capital and its domestic allies. (4) AICCTU fights against all fundamentalist-obscurantist ideas and organisations and strives to develop a scientific outlook and modern cultural values among the working class. (5) AICCTU fights (a) for full democratic rights of the Indian people particularly of the rural poor, oppressed nationalities, women, national minorities and dalits. (b) for enforcing the right to work and provision of social insurance for the old, weak and disabled.
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(c) for a needs-based minimum wage leading to the formulation of a uniform national wage policy and for implementation of the principle of equal pay for equal work. (d) for proper education, housing and health care services. (e) for introducing a six-hour working day with overall improvement in working conditions. (f) for greater participation of women in organized production, the eradication of gender discrimination and sexual harassment in the workplace, and for securing equal rights and full maternity benefits to all women workers. (g) for abolition of child labour and all forms of bonded labour. (h) Against the contract labour and all forms of bonded labour. (i) against industrial pollution, environmental degradation and industrial health hazards and for adequate safety measures to prevent industrial accidents (j) for abolition of all occupations which go against basic human dignity and full provision of alternative employment for the affected workers. (6) AICCTU strives to build up solidarity with working class movements in other countries, particularly in the Asia-Pacific region, against imperialist plunder and domination and to promote class unity among workers of South Asian countries against the regional hegemonism of Indian ruling classes. 1.12 CODES OF CONDUCT TRADE UNIONS Corporate codes of conduct on workers rights and labour standards hold out a third way to promote labour rights in the global economy. Advocates argue that codes of conduct can harness the market power of informed consumers to halt abuses against workers in developing countries. Many supporters see such codes as a civil society alternative to first way government regulation or second way trade union organizing and collective bargaining to protect workers rights. Governments cannot possibly inspect every workplace and catch every lawbreaker, goes the argument. And trade unions face a worldwide crisis of organizing and bargaining, especially in sweatshop industries. Codes of conduct offer a new option through private sector self-regulation using civil society vigilance. And like cereal boxes on a supermarket aisle, a daunting variety of worker rights codes of conduct have entered the public policy marketplace in just the past two years the Fair Labour Association (FLA), the Workers Rights Consortium (WRC), Social Accountability 8000 (SA8000), the Ethical Trading Initiative (ETI), the Clean Clothes Campaign (CCC) and more. In the year 2001, the Clean Clothes Campaign has conducted an extensive evaluation and strategic discussion. During a conference, in Barcelona, Spain, a common agenda for the different spheres of action was developed with international partners of the CCC network. High on the list of priorities for the years to come is the improvement and clarification of the relationship between active organisations, both NGOs and trade unions, in Western Europe and partners in producing countries.
Within Asia, India is both in size and in its share of international garment production an important player. Until now, contacts between the CCC and Indian trade unions and NGOs have been fragmented and were mainly related to specific projects. Besides, there is relatively little co-operation between these organizations at the national level. Large differences exist between trade unions and NGOs as well as between different Indian regions. As a result of the Barcelona conference, CEC (Centre for Education and Communication, based in New Delhi) offered to facilitate meetings in Delhi, Mumbai and Tirupur in which the CCC, Indian trade unions and NGOs could participate. The aim of the meetings was to stimulate interaction, increase understanding of each others work and to exchange ideas. CEC is working on a big research project on working conditions in the garment industry in India within the changing global context. A major development for India is the phase out of the Agreement on Textiles and Clothing (MFA). The research is conducted in three areas, Delhi, Mumbai and Tirupur and will provide input for a multi-stakeholder dialogue to be organised by CEC in the three cities at the beginning of 2002. CEC felt that an exchange with the CCC would also benefit this process. The meetings facilitated by CEC, each lasting half a day, took place in the last two weeks of October and the first week of November 2001. On the CCC side Ms Jantien Meijer from the India Committee of the Netherlands, coalition partner of the CCC and Ms Ineke Zeldenrust from the CCC International secretariat were present. CEC sent a team of two to each meeting: In Tirupur, the T-shirt town in Tamil Nadu, a fourth strategy meeting was organised by SAVE, an NGO that has been a long term partner of the CCC. This meeting took place at the beginning of November 2001. About twenty NGOs from the region participated and the meeting led to the establishment of the CCC Tamil Nadu Taskforce. 1.12.1 Labour conditions in India In India over 90% of the workforce is employed in the informal sector. Also a large share of the workers in the garment industry form part of the informal sector. One definition of the informal sector refers to the activities of the working poor who are not recognized, recorded, protected or regulated by the public authorities. An example of informal sector workers are so-called self-employed workers who run their own micro-enterprise or homeworkers. Another example of the informal sector are small workshops where people consider themselves as working for a boss but where workers have no contract. One of the consequences is that these workers cannot prove that an employer-employee relationship exists, and subsequently cant make any claims related to job security, social benefits, or other legal claims. If they try to organise or demand improvements in their labour situation they can easily be dismissed. In general it can be said that informal sector workers are in a vulnerable position.
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Living and working conditions of garment workers in general are bad. In the meetings several problems concerning labour conditions were mentioned; wages are low and often based on a piece rate system, workers have to work long hours in order to make a living. The government violates its own statutes by not enforcing the labour act in FTZs. Complex chains of subcontracting are present within the country and the sector is characterized by a high number of small units. Even in larger factories minimum wages are not paid. The large majority of garment workers in India is not organised in trade unions. The industry is organised along layers of middlemen and sub-contracting chains. Often the real owner is not known to the trade unions. Any intervention by the trade unions, for example if they try to organise the workers, in any of those layers is followed by the collapse of the entire chain. As a result the workers lose their jobs. The fact that most workers work in the informal sector hampers the formation of trade unions. In every meeting it was mentioned that India has to export in large volumes, maintain quality and offer competitive prices if it wants to stay in business. Cheap labour has always been Indias competitive advantage. Trade union representatives felt that this point can not be disregarded. 1.12.2 The possible effects of CCC Several times the question was raised as to what the effect of an international campaign like the CCC, which is focussed on companies with global supply chains, is on companies which produce for the local market and consequently for workers in these facilities. The response of CCC was that the campaign aims to improve working conditions in the garment industry by supporting local organisations. One of the central demands of the campaign is the right to organise and collective bargaining. It is up to the labour movement to command respect for worker rights from employers and the government on behalf of the workers who they represent. The strategy of international pressure is of course most effective when workers in the export sector are concerned. There are however strategies of international solidarity, for example when governments are addressed with demands to implement the labour law, which can also affect the situation of those workers who produce for the domestic market. Besides, in the experience of the CCC, often the division between facilities that produce for the local market and those producing for export is less clear than is assumed. Companies can produce partly for the domestic market and partly for export, directly or via a contractor. At the same time, we have seen examples of big foreign brands producing and selling in India. The products are sold in India for huge prices that dont have any relation to the production costs in India, while profits leave the country. One can really question the local character of the domestic market.
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Many representatives of trade unions and NGOs fear that international campaigns single out a specific region or country as violating labour standards, which may cause even more business to go elsewhere because their image may be damaged. A way to avoid this is to focus on one retailer or brand, while the information about labour rights violations that is made public in such a case describes the situation in several countries simultaneously. In such a way it can be shown that labour rights violations are central to the dynamics of the garment industry rather than a characteristic of a country or region. 1.12.3 General conclusions Some common conclusions can be drawn from the meetings in Delhi, Mumbai and Tirupur. In the next section some specific outcomes per meeting will be described. In the global organisation of industry, the local market may not be local anymore, therefore the globalized industry needs global intervention through international labour solidarity. Many of the participants in the meetings felt the need for international solidarity work and appreciated the work done by CCC. It was felt that more co-operation between Indian trade unions, NGOs and CCC is needed. A majority found the work on a voluntary code of conduct for industry acceptable, though some felt the need to discuss this strategy more elaborately. Several participants wanted to start the interaction with the CCC by an exchange of information. Due to particular local circumstances and power dynamics a successful campaign strategy can only be developed locally. Many participants felt for instance that in India for a labour rights campaign to be effective it will be key to raise awareness among employers as part of a larger strategy. Because large brands are making a clear effort to conquer the Indian market and because there is a large Indian middle class there seems to be ground for awareness raising activities in India. By making these consumers aware political support for worker rights could be generated. 1.12.4 About every meeting some distinct remarks were made Delhi In Delhi the secretaries of the national trade union federations came to the meeting, which meant that we had the chance to discuss the work of CCC with high level representatives. They responded positively to the work of the campaign. It was the first meeting between trade union representatives at this level and a foreign campaign. A major point of discussion in Delhi was the question whether the CCC highlights the link between trade and labour standards, and what the consequences of such a strategy are. It was explained that promoting a linkage between labour standards and trade agreements is not part of the CCC strategy. Instead, CCC focuses on the responsibility of corporations; garment retailers and producers (brands) who operate internationally, because
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it is these corporations who control the international supply chain of garments and who set the standards of production. Such a strategy has enabled trade unions and NGOs in Western Europe to co-operate without getting caught up in the social clause divide (many NGOs in Western Europe oppose the social clause, while many Western European trade unions are in favour of the social clause).The outcome of this meeting was the willingness of both trade unions and CCC to ensure information exchange in the future. Mumbai At this meeting both representatives from trade unions and NGOs were present. Several of the participants had quite some understanding about the CCC already. The result was a lively group discussion, leading to several suggestions for local activities which could be supported by the international CCC network. The garment industry in Mumbai is characterized by many small scale units, supplying buying houses or traders, both for export and for the domestic market. Garment workers in Mumbai are hardly organized. The trade unions have traditionally focussed on textiles, while the mills are closing down or have closed already. Unemployment rates are high and create great problems for the laid off workers. Some of them have managed to shift to the garment industry. Attempts to organize garment workers are usually met by an immediate shift of production to a different unit. The factory owners constantly pass on the message that the sector is in trouble, that therefore they cant improve the situation for workers and that the situation will deteriorate after the phase out of the MFA in 2005. One suggestion made in the meeting was to start a broad based local campaign on a specific issue, for example on social security or the demand for a sectoral minimum wage. To prevent that factory owners in response to these demands shift production to another facility and dismiss the workers, the campaign should not target on one company but on the sector as a whole. Neither should such a campaign address industry alone but also the local- or state government. It could benefit from international support, pressuring government and industry organizations via the large buyers. Existing local regulation concerning head loaders provides an example of regulation that has allowed for recognition of the so-called self-employed as workers. A special government board oversees the implementation of the head loaders act while local bodies pool workers and divide the work. Certification systems were mentioned as another possibility for improving conditions, if a genuine system would be developed whereby those companies that do provide good conditions and space to organize would receive such a certificate, and buyers would commit to preferring these, this would definitely be a benefit. Some criticism was raised regarding existing certifying initiatives such as for example Rugmark. Participants felt that this initiative failed because it does not sufficiently involve trade unions and civil society.
A third suggestion was to make sure that a good code of conduct is included in the contract between buyer and supplier, thereby making observance of the standards outlined in the code part of the national law. If trade unions and NGOs in India know in which factories this is the case, they can monitor certain suppliers and the companies concerned can be taken to court also internationally. Contract law is very strong, and can be a valuable tool for trade unions and NGOs in India to use and would also focus more on the legal obligations of companies and less on voluntary initiatives, with their inherent risks. The outcome of this meeting is that trade union representatives and NGOs came up with some inspiring strategies to improve the situation of garment workers in Mumbai. Trade union meeting in Tirupur A major point that was raised in Tirupur was the very low level of organisation in the area called the T-shirt belt, which is Tirupur and surrounding towns. The problem of this very low organisation rate was recognized by all present in the meeting. The main worry for those working on behalf of workers in Tirupur is the process of relocation, both within the region as well as abroad, leading to job losses and insecurity of employment. Consequences of the WTO entry of China plus phase-out of MFA are considered to be extremely important developments. Obviously the CCC cannot stop the process of constant relocation. What it can do is raise the issue of cut & run at all levels, and address it as one of the major causes of bad labour conditions in the garment industry. The risk of campaigning is that it can single out Tirupur as violating labour standards, giving it a bad reputation and leading to more relocation. A way to prevent this is to always present the situation in Tirupur within the national and international context and by giving information about several regions simultaneously. In that way it can be shown that Tirupur is not an exceptional case but that poor working conditions are a central dynamic of the garment industry. The outcome of this meeting was the agreement to ensure information exchange in the future. NGO meeting in Tirupur SAVE invited a broad group of NGO representatives from the region for a strategy meeting in Tirupur. The NGOs who participated in the meeting work on issues like child labour, development and human rights. Because the textile and garment industry is shifting from Tirupur to other towns in the region and because the participants are frequently confronted with problems of the workers in these sectors they feel the importance for joint action.
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Different NGO representatives feel that if a relationship with trade unions could be developed a strong movement could exist. They see the work done in Europe as an example of how trade unions and NGOs can work on shared issues. The problems between trade unions and NGOs in Tirupur can partly be explained by the fact that employers actively drive a wedge between them. NGOs should consider the question how this gap can be filled and how a new campaign can be started. As a result of this meeting, 19 non-governmental organizations from the state of Tamil Nadu launched a network to work for the interest of workers in the garment- and allied industries. The network will work in tandem with the Clean Clothes Campaign. A taskforce was created to consolidate this Clean Clothes Campaign network in Tamil Nadu. The taskforce has planned the following activities: Publish a poster and a calendar for the year 2002, highlighting the concepts of CCC among trade unions, non-governmental organizations, labour agencies, consumer groups and other networks in order to attract more membership. Organise a two-day workshop on labour standards in garment and allied industries with 50 participants from non-governmental organizations, trade unions, consumer organizations and governmental institutions from Tamil Nadu, New Delhi and Mumbai. Representatives from regional ILO office, state labour officials, labour researchers, Asian CCC network partners and International CCC will be invited to address the workshop. Launch a network for worker education involving all NGOs and trade unions working in the textile and garment manufacturing region in Tamil Nadu to mobilise women workers and home based workers.
1.13 THE INDIA COMMITTEE OF THE NETHERLANDS (ICN) 1.13.1 Organisation The ICN is an association of people who share their involvement in India and its people. The association works with a small paid staff and with a number of volunteers. ICNs activities are financed by membership contributions, private donations and subsidies. The ICN carries out research, owns a public library, publishes and distributes books, booklets and a bimonthly magazine India Nu (India Today). The ICN also lends out video tapes, slide shows, and organizes seminars, exhibitions, conferences, information and discussion meetings and other educational activities for and with a wide variety of individuals and groups. The India Committee of the Netherlands (ICN) is an independent NGO (nongovernmental organization). The ICN informs the public in the Netherlands about India and how social, economic and political developments in the West influence the daily lives of millions of Indians. The ICN is based on solidarity with deprived groups in Indian society: the poor, dalits (the so-called untouchables), child labourers, victims of
environmental degradation, landless people and countless women and girls. The ICN supports their struggle against poverty, oppression, unequal treatment and degradation of their environment. 1.13.2 Awareness raising The ICNs main strategy is to influence public opinion and political decision-making processes in the Netherlands and Europe. The ICN does this through lobbying, generating publicity in the media, and organising public meetings and campaigns. The committee works with a wide variety of target groups, ranging from teachers, company managers to students and housewives. The ICN does not provide direct financial support to development projects. Being a small-scale and low-budget organisation, it does not have the means to do this. The ICN takes the position that the disadvantaged groups in India should benefit from development co-operation initiatives. It therefore exposes the sometimes harmful effects of development aid on the living conditions of the poor, and argues in favour of a larger share of development aid to be dedicated to sectors such as primary education and health care. In addition, the ICN alerts western consumers and companies about the effects of their behaviour. In these days of globalisation, the social and environmental conditions in developing countries such as India are increasingly the responsibility of every citizen in the world. The ICN finds it of paramount importance to inform consumers and companies in the Netherlands and Europe about these conditions and the measures that can be taken to improve them. 1.13.3 Campaigns In the past, the ICN has successfully campaigned against large-scale European dairy aid to India as part of the so-called Operation Flood, and the delivery of big fishery trawlers and fertiliser shipments funded by Dutch development aid. These types of aid had proven harmful rather than beneficial to small peasants and local fishermen. The ICN has also supported the national campaign for the right to work staged by Indian organisations of agricultural labourers. With the slogan Work Against Poverty, the ICN urged the Dutch government and the European Union to support employment guarantee programs. Womens rights and Adivasis rights, and the consequences of the Bhopal disaster are other examples of issues taken up by the ICN in its campaign work. At present, the ICN is campaigning against child labour, and in favour of decent primary education for all children. The committee is campaigning for socially responsible business and fair trade, for womens rights and for human rights for Dalits. 1.13.4 Social labels and codes of conduct Under the impact of globalisation, governments are increasingly inclined to allow markets to regulate themselves. At the same time, trade and investment by multinational
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companies are increasingly affecting labour standards and environmental conditions worldwide. Governments compete to attract trade and investment, and in doing so often lower standards. The ICN takes the position that governments, international organisations and business are responsible for maintaining and improving social and environmental conditions. The ICN is promoting social labels and codes of conduct to help improve labour conditions in India and elsewhere. Of course, voluntary labels and codes of conduct are no substitute for legislation and binding international agreements. However, they can be helpful in promoting fundamental labour and human rights all over the world. One crucial condition is that independent monitoring should be in place, in order to determine if the standards set by the social label or code of conduct are being met in practice. Among other things the ICN is promoting Rugmark, a social label for carpets produced in India and Nepal without child labour. The ICN is also campaigning with other NGOs and unions in favour of a so-called Fair Trade Charter for Garments. This charter is a combination of a social label and a code of conduct. It guarantees clean clothes for the consumer: garments produced in line with internationally accepted fundamental labour standards. 1.13.5 Co-operation The input of Indian partners is essential for the ICN. Consequently, the ICN cooperates with various organisations all over India. In the Netherlands, and Europe in general, the ICN co-operates with many social organisations, NGOs and trade unions. A broad social basis makes or breaks campaigns. Broad coalitions are therefore needed in India, the Netherlands and Europe. 1.14 CONCLUSION The Unit lucidly describes the concept and importance of Trade Unions with particular reference to India. The specific problems faced by the public sector organizations in India have also been discussed. The concepts of trade union, the history and growth of Trade unions have also been elaborated to give a first hand feeling of the formation and functioning of trade unions. Finally the unit concludes with the Codes of Conduct for the effective working of Trade Unions that has been formulated and audited. Questions for Discussion 1. What do you understand by Industrial Relations? 2. Discuss the concept of Industrial Relations 3. What is the need and importance of Industrial Relations 4. Trace the history and growth of trade unions in India 5. What is Clean Clothing Campaign (CCC) and its audit report in India 6. List the functions of Indian Committee of Netherlands(ICN)
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UNIT II
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INDUSTRIAL CONFLICTS
Learning Objectives After going though this unit you should be in a position to explain the following terminologies Industrial Dispute Mediation Conciliation Arbitration Adjudication Labour Court Industrial Tribunal National Tribunal Government Machinery to resolve Industrial Disputes National Arbitration Promotion Boar Central Industrial Relations Machinery in India
2.1 INTRODUCTION This unit discusses in detail the meaning and definition of Industrial disputes and the government machinery to resolve the issues of the disputes. 2.2 INDUSTRIAL DISPUTE Industrial Dispute has been defined as any dispute or difference between employers and employers or between employers and workmen or between and workmen which is connected with the employment of non-employment, or the terms of employment or the conditions of labour, of any person.(Sec.2(k), Indian Trade Unions Act, 1926) The definition very wide and takes within its fold many disputes between an employer and a workman. A dispute is an industrial dispute provided it satisfies these conditions,
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(a) There should be an industry, employer and workman. There must be a collective will of substantial or appreciable number of workmen taking up the cause of the aggrieved workman. It must be in a position to redress the grievance. (b) There should be a real and substantial dispute or difference and should be one in which the workman is substantially interested, i.e., there must be community of interest. (c) The dispute should be between the employer and his workman, between employers and employers or between workman and workmen. (d) The dispute must be connected with: (i) the employment or (ii) non employment, or (iii) terms of employment or with conditions of labour. Non employment includes retrenchment and refusal to reinstate. (e) There should be a contractual relationship between the employer and the workman. The former following a trade, business and manufacture and the latter following any calling, service, or employment in aid of employers enterprise. (f) The dispute should relate to existing industry, and not a dead on one which is not even in existence. (g) An individual dispute could assume the character of an industrial dispute provided it is sponsored either by the trade union or by a number of workmen. Collective support by the workmen is essential for making an individual dispute an industrial dispute, i.e., the workman as a body or a considerable section of them make common cause with the individual workman. For any industrial dispute it is not necessary that there must be any undertaking with a profit motive or trade or business in a commercial sense. However, for a dispute, it is necessary that a demand must be raised by the employees or their unions and rejected by the employer. In fact the term industrial dispute denotes a real and substantial difference having some elements of persistence and continuity till resolved and likely, if not adjusted, to endanger the industrial peace of the undertaking or the community. 2.3 CERTAIN ASPECTS OF INDUSTRIAL DISPUTES ARE DISCUSSED AS BELOW (a)Employment and non employment: Besides employment, conditions relating to non employment also constitute a dispute. The term non employment includes retrenchment as well as refusal to reinstate. (b)Individual dispute and industrial dispute: Before introduction of the Section 2-A of the Act an individual dispute could not attain the status of dispute unless raised by the trade union or a number of workmen. However, Section 2- A has its own limitation. If fact all individual disputes cannot be termed as industrial dispute. The disputes connected with the discharge, dismissal retrenchment or termination cannot be termed as industrial dispute. These disputes connected with other matters will have to satisfy the basic conditions of industrial dispute.
(c) Disputes regarding facilities: For any industrial dispute the tribunals and court has adequate jurisdiction to pass proper and reasonable order. But the facilities like housing, education and medical are the responsibilities of the state. Therefore, such obligations cannot be imposed on the employer. Hence any dispute pertaining to the facilities cannot be termed as industrial disputes. (d)Withdrawal of privilege of trade union leader: In case where any privilege is given to a trade union leader and its withdrawn by the management it cannot from a subject matter of dispute. As such granting of privilege is managements discretionary right and it cannot be treated as part of the service condition. So whenever any concession or privilege is to be withdrawn the beneficiate cannot raise a dispute. (e)Dispute relating to workmen employed by the contractor: The question whether the disputes relating to workmen employed by the contractor, can be regarded as dispute is quite controversial. In this context the case of Vacuum Refining Company, is leading one. The company in question used to give annual contract for maintenance of plants and premises. In the year 1970 it employed 67 workers whereas in the next year only 40 workers were employed. The workers employed on a contract basis raised a dispute demanding abolishing of the contract system. It was observed by the Supreme Court, that there is an industrial dispute between the company and the workmen, on the question of employment of contract labour, for the work of the company. The very fact that the workmen are employed by the contractor would not alter the nature of dispute as long as party raising a dispute has a direct interest in the subject matter of dispute. (f) Lay off (Section 2 kkk): It means the failure, refusal or inability of an employer on account of shortage of coal, power or raw material of the accumulation of stocks of the breakdown of machinery; natural calamity or for any other connected reasons to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched. Every workman whose name is borne on the muster rolls of the industrial establishment and who present himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within 2 hours of his so presenting himself shall be deemed to have been laid off within the meaning of the clause. But where a workman after attendance at the commencement of any shift for day, is asked to present himself for the purpose of second half that shift, and is given employment, the workman shall be deemed to have laid off only for one half of that day. When after presenting himself for the second half of the shift the employee is not given employment he shall be deemed to have been laid for the day and not for the second half of the shift of that day. In such circumstances, the laid off workman shall be entitled to full basic wages and dearness allowance for the part of the day.
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Lay off is not a right conferred but an obligation imposed on the employer for the benefit of workmen. The very genesis of the lay off is that it is break in the service of the employee and within a reasonable time, the employer expects that, the business or industry would restore its normal situation and the laid off persons would be reinstated. A leading case in this context is of Nutan Mills Ltd., v S.I.C the question came for the consideration was in case of laid off employee whether relation of master and servant continue. It was held by the Bombay High Court that during period of lay off the relationship between master and servant is suspended and the employee is entitled for wages. (g) Lockout (Section 21) : Lockout means the temporary closing of place of employment, or the suspension of work, or temporary refusal by an employer to continue to employ any number of person employed by him. In cash of a lay-off, owing to the reasons specified in the definition, the employer is unable to give employment to one or more persons. But in case of lockout the employer closes the place of business and locks out the whole body of workmen for reasons which have no relevance, to causes specified in the definition of lay-off. In case of closure, the employer does not merely close down the place of business but he also closes the business itself. Lockout is often used by an employer as a weapon in his armory to compel the workmen to accept his proposals just as a strike is a weapon in the armory of the workmen to compel the employer to accept their demands. Lockout has been described by the Supreme Court as the anti thesis of strike. The Madras High Court is of opinion that whatever be the circumstances in which the employer find himself placed and whatever be the strength of the agencies which forced on him the steps and however impotent he may be to avoid the result if an employer closes the place of employment or suspends work on his premises, a lockout would come into existence. 2.4 GOVERNMENT MACHINERY TO RESOLVE INDUSTRIAL DISPUTES The main object of the Industrial Disputes Act is the investigation of and management of industrial disputes. 2.4.1 Introduction One of the principal aims of the Industrial Disputes Act is to harmonise the conflicting interest of employers and employees engaged in industrial establishments as defined in the Act. The advent of the doctrine of welfare has cast responsibilities on the State to participate actively in the prevention and settlement of industrial conflicts which are of common occurrence under the present economic set-up. The old doctrine of laissez faire has become absolute in the present socio-economic context mainly due to the reason that active participation of the State in necessary in order to protect the interest of the weaker section
of the society who always look upon the State as their benefactor. The traditional theory of hire and fire as well as the theory of supply and demand are outmoded concepts in the present socio-economic context. In the present context the goal is to achieve social and economic justice in the community. One of the methods for achieving this goal is to evolve a system of industrial adjudication and arbitration whereby industrial disputes can be settled peaceably, justly and as far as possible uniformly. Industry adjudication needs different philosophy, outlook, attitude and behavior on the part of the authorities associated in the task to harmonies the conflicting interest of capital and labour as compared to settling civil disputes where set rules of law govern the justice. Whereas prevent, as far as possible, and if they fail in this fask than to solve the disputes to the satisfaction of both the parties involved in the dispute by narrowing down the differences to the minimum possible in the ever changing complex of social needs and necessities by using his own sense of justice, equity and good conscience. The law as already evolved in the labour field is also subject to stress and strains of the changes in outlook of the employers and employers and employees. In certain fields of conflicts there is no codified law of rights and liabilities of the disputants and, therefore, the persons vested with the authority to adjudicate the industrial disputes are to depend upon the reasoning of common sense suited best under the prevailing circumstances. The industrial adjudication requires a pragmatic approach rather a dogmatic approach to the problems which vitally affect the entire social structure of the society. The various methods and machinery under the industrial disputes act can be classified as under the following heads: (I) Conciliation a. Works committee b. Conciliation officer c. Board of conciliation (II) Arbitration d. Court of inquiry (III) Adjudication e. Labour court f. Industrial tribunal and g. National tribunal Of these settlement machineries the first one can be described as quasi-administrative machinery, because it is governed and guided mainly by administrative principles and policy. Further, the persons constituting these machineries are generally chosen from those having administrative experience or qualities. They apply normally administrative mind to resolve an industrial dispute. On the other hand, the last two are quasi-judicial machineries for these are mainly governed and guided by judicial principles. The persons constituting theses machineries are chosen from those having judicial background.
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2.4.2 A. Conciliation Conciliation is an important method for the settlement of industrial disputes through third party intervention. It is an attempt to reconcile the views of disputants, to bring them to an agreement. Conciliation is generally understood as the friendly intervention of a neutral person, in a dispute, to help the parties to settle their differences peacefully. Conciliation may be described as The practice by which the services of neutral third party are used in a dispute as a means of helping the disputing parties to reduce the extend of their differences and to arrive at an amicable settlement or agreed solution. It is a process of rational and orderly discussion of differences between the parties to a dispute under the guidance of a conciliator. As a process of peace-making in industrial relations, conciliation aims to bring about the speedy settlement of disputes without resorting to strikes or lock-outs, and to hasten the termination of work-stoppages when these have occurred. Its function is to assist the parties towards a mutually acceptable compromise or solution. For this he relies on reasoning and persuasion. The conciliator is a natural party, who without using force, seeks to find some middle course for mutual agreement between the disputants so that the deadlock is brought to an end at the earliest possible moment and normal peace restored. Various methods of conciliation are discussed below: (a) Works committee (Section 3): the following are the objectives of the works committee: (1) To promote measure for securing and preserving good relations between employer and employees. (2) To strive for minimizing the difference of opinion in regard to matters of mutual interest between the employees and the employer. It is meant to create a sense of partnership or comradeship between the employers and workmen. The decision of works committee is neither agreement nor compromise. Further it is neither binding on the parties nor enforceable under the act. It may however by noted that the works committee is entitled to: (a) Discuss grievances arising out of the disciplinary action, or (b) Take up such matters which fall under the purview of Standing orders, or (c) Enter into agreement with the employer on changes in conditions of service, or (d) Supplant or supersede the unions for the purpose, of collective bargaining. (e) To compose difference by making recommendations, the final decision rests with the union and the employer.
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It task is only to smooth away friction that might arise between the workmen and the management in day to day work. The Act requires that a works committee shall be constituted in every establishment where 100 or more workmen are employed or have been employed on any day in the preceding 12 months; to promoted measures for securing and preserving amity and good relations between the employers and workmen and to comment upon such matters of common interest or concern and endeavour to compose any material difference of opinion on such matters. It shall consist of any equal number of representatives of employers and also elected representatives of workmen ( the total number not to exceed 20 ), the representatives of the employer are to be nominated by the employers and those of workmen by registered trade unions of by non-members, if there is no trade union. The tenure of office of the representatives is for two years, and they lose membership, if they fail to attend three consecutive meetings. The committee may meet as often as possible but not less than once in 3 months. The committee shall represent various categories, groups and classes of workmen engaged in different sections, shops or departments of the establishment. It shall have among its office bearers a Chairman, a Vice Chairman, a Secretary. If a vacancy occurs for membership, the newly elected member will continue in office of the residual term in whose place he has been elected. The employers are required to provide accommodation for holding meetings of the committee. The works Committee is set up with a definite objective, limited power and scope but without any defined subjects over which it can exercise jurisdiction. For this reason, in many cases they have mere instruments without teeth or sharpness, and a large number of them have proved to be ineffective in practice. (b) Conciliation Officer (Section 4): Under the act, the appropriate government is empowered to appoint desired number of conciliation officers, by notification in the Official Gazette, for the settlement of industrial disputes. The number of Conciliation Officers to be appointed, is determined by the appropriate government, taking into account the volume of work and the quality of industrial disputes that actually exist or may arise. A Conciliation Office may be appointed for a specified area or for specified industries of for one or more specified industries and either permanently or for a specified area or for specified industries or for one or more specified industries and either permanently of for a limited time. His duty is to induce the parties to come to a fair and amicable decision on matters in dispute. He is an independent person who investigates the dispute and all matters affecting thereto. He is not an adjudication body but is merely a suggesting body. He goes from camp to camp and finds out the greatest common measures of agreement. He is charged with the duty of mediating in and promoting settlement of industrial disputes.
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Duties of the Conciliation Officer: The Act provides (under Sec.12) that (i) if an industrial dispute exist or is apprehended in a public utility industry, the Conciliation Officer shall hold conciliation proceedings: and (ii) in case of other industry, his power is discretionary, i.e he may or may not hold such proceedings. The Conciliation Officer has wide powers of making investigation without delay, into an industrial dispute and all matters affecting the merits and rights of settlement thereof and may do all such things as he thinks fit, to induce the parties to come to a fair and amicable settlement of the dispute. The Conciliation Office can send only report but has no authority to pass a final order. Any order passed by him requiring the parties to act in particular manner is without jurisdiction and therefore, illegal and imperative. If a settlement is arrived at in the course of conciliation proceedings, the conciliation officer must submit its report within 14 days or within such short period as may be fixed by the appropriate government duly signed by the parties to dispute. A conciliation proceeding is deemed to have commenced on the date on which a notice of strike or lock-out is received by the conciliation officer. In the other cases, it is deemed to have commenced from the date when conciliation officer holds proceedings. A settlement brought through the conciliation officer is an administrative act and not a quasi judicial one. If no settlement is reached at, then the conciliation office is required to immediately send to the appropriate government, a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof and the probable reasons for failure. A conciliation proceeding is not concluded and its deemed to be pending until any of the following conditions are fulfilled: (a) where a settlement is arrived, at a memorandum of the settlement is signed by the parties of the dispute; (b)where no settlement is arrived at, the report of conciliation officer is received by the appropriate government; and (c) a reference is made to the Court of Inquiry, labour court, tribunal or national tribunal, during the pendency of the conciliation proceedings. The time of submission of the report may be extended by such period as may be agreed upon in wiring by the parties to the dispute, subject to the approval of the conciliation officer. If, on consideration of the report submitted by the conciliation officer, appropriate government is satisfied that there is a case for reference to any authority under the Act, it may make such reference. Where the appropriate government chooses not to make such a reference, it shall record and communicate the reasons recorded for not referring the dispute to the contending parties. Thus , a wide discretion has been conferred on the government either to refer or not to refer in industrial dispute. But in exercise of its discretion three thing must be satisfied:
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(a) The exercise of the discretion must be bona fide; (b) It must be inconsideration of relevant and material facts; and (c) The reasons must be of such a character as will show that the question was carefully and properly considered by the government (c) Board of conciliation (Section 5): A board of conciliation is constituted as an adhoc body by the appropriate government. Its purpose is to medicate and to induce the parties to come to a fair and amicable settlement, so the appropriate government is not empowered to constitute a Board for the purpose of referring criminal proceedings. The board cannot enforce an award. It also cannot thrust upon the contending parties its own terms and conditions of settlement. It can take action only when a dispute has been refereed to it by the government. The board may be constituted by the appropriate government by notification in the Official Gazette. It shall consist of a chairman (who shall be an independent person: i.e not connected with the dispute or with any industry directly affected by such dispute) and two or four members, as the government thinks fit, who shall be appointed to represent the party. If any party fails to recommend any name within the prescribed time, the appropriate government shall appoint such persons as it thinks fit to represent to party. The act requires that the appointment of board of conciliation together with the names of persons constituting it, shall be notified in the Official Gazette. The notice to the employer shall be sent to him personally or if the employer is an incorporated body to the agent, manager or the principle officer of such corporation. The notice of workmen shall be sent: (1) to the president or secretary of the trade union if the workers are members of trade union and (2) in case the workmen who are not members of trade union to any five representatives of the workers who have attested the application. A board, having the prescribed quorum may act notwithstanding the absence of the chairman or any of its members or any vacancy in its number. Duties of the Board (1) A conciliation Board cannot admit a dispute in conciliation on its own; the board has more powers than those enjoyed by a conciliation officer. (2) The board shall endeavour to bring settlement between the parties; and for this purpose it shall, without delay, investigate the dispute and all matters affecting the merits and rights of settlement and shall do all such things as it thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (3) If a settlement is arrived at in the course of the conciliation proceedings, the Board shall send a report thereof to the appropriate government with a memorandum of settlement signed by the parties.
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(4) If no settlement is arrived at the board shall, as soon as practicable after the close of the investigation, send a report to the appropriate government stating the facts and circumstances, the steps taken, the reasons why no settlement was arrived at, and its recommendations for the determination of the dispute. (5) A board of must submit its report within 2 months of the data (on which the dispute was referred to it) or with such shorter time as the government may fix. The time may be extended by the government up 2 months, with the consent of both the parties in writing. The report must be signed by all the members. Any member can submit a dissenting minute. Every report together with the minute of dissent must be published by the appropriate government within 3 days from its receipt. In case no settlement is arrived at, the government may refer the matter to the labour court, tribunal or national tribunal. If it does not do so, it shall record and communicate the parties concerned it reasons therefore. Every board has the same powers as are vested in a civil court (under the code of civil Procedure, 1980) when trying a suit, in respect of the following matters: (1) enforcing the attendance of any person and examining him on oath; (2) compelling the production of documents and material objects; (3) issuing commissions for the examination of any witness (4) in respect of such other matters as may be prescribed 2.4.3 B. Arbitration (A) Court of Inquiry (section 6): A court of inquiry is constituted, as an ad hoc body as the occasion may arise, by the appropriate government. It can inquire into any matter connected with or relevant to industrial dispute; but not into the dispute itself. The constitution of the court has to notified in the Official Gazette. It may consist of one independence person or such number of independent persons as the appropriate government thinks fit. If there are more than two persons, one of them shall be appointed as the chairman. The appointment of court together with the names of persons constituting it requires to be notified in the official gazette. A court having the prescribed quorum, may act notwithstanding the absence of the chairman or any of its members of any vacancy in its number. The court of inquiry is not required to make any recommendations for resolving disputes. It is seldom appointed, as it is a superfluous and ad hoc body. It has no power to impose any settlement upon the parties. Its merely a fact finding machinery. Its duty is to inquire into the matter referred to it by the appropriate government and to make a report on it on the inquiry held on matters refereed to it within a period of six months from the commencement of the enquiry. It must be signed by all the members. A member can submit a government within 30 days from its receipt.
The section 22,23 and 33 lays down that during the pendency of the proceeding before a court of inquiry, the following rights of works remain unaffected viz. (1) The right of the worker to go on strike: (2) The right of employer to resort to lockout and (3) The right of employer to dismiss or otherwise to punish the worker in certain cases under section 33. 2.4.4 C. Adjudication The ultimate legal remedy for the settlement of an unresolved dispute is its reference to adjudication by the government. The adjudication involves intervention in the dispute by a third party appointed by the government for the purpose of deciding the nature of final settlement. On getting a report for the failure of conciliation, the government has to decide whether it would be appropriate to refer the dispute to adjudication. The rational behind this is that the developing countries can ill-afford to suffer from loss of production due to long-draw strikes and lockouts. Further, the trade union movement is yet not storing and mature enough to adopt and rely on only collective bargaining for protecting the interest of the workers. Therefore, the necessity for intervention by the government is felt. Thus, the government does by making references of the dispute to the adjudication machinery. The importance of adjudication has been emphasized by the Supreme Court and has been considered at par with decisions on fundamental rights under the Constitution in the following words. As in the decision of the Constitutional question of this kind, so in adjudication it is always a matte of making reasonable adjustments between the two competing claims. The fundamental right of the individual citizen is guaranteed and its reasonable restriction is permissible in the interest of general public, so the claims of the interest of general public have to be weighed and balanced against the claims of the individual citizens in regard to his fundamental right. So too in the case of adjudication, the case of adjudication, the claims of the employer based on the freedom of contract have be adjusted with the claims of industrial employees for social justice. Accordingly, the adjudication machinery has to consider not only the demands of social justice but also the claims of national economy required that attempts should be made to secure to workmen a fair share of the national income. On the other hand, the adjudication machinery has to take care to see that the attempt at a fair distribution does not tend to dry up the source of national income itself. Here the various methods of adjudication are discussed: (a) Labour Court (Section 7) : One or more labour curt may be constituted by the appropriate government by notification in the Official Gazette, for adjudication on industrial
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disputes relating to any matter specified in the Second Schedule of the Act, and for performing such other functions as may be assigned to them. A labour court shall consist of one person only, to be appointed by the appropriate government. Such a person should have been, for a period of not less than 3 years, a district judge or an additional district judge or has held any judicial office in India for not less than 7 years; or has been a presiding officer of a lobour court for not less than 5 years. No person shall be appointed or continue in the office of the labour court if he is not an independent person, or he has attained the age of 65 years. The duties of the labour courts are (i) to hold adjudication proceedings expeditiously, and (ii) submit the award to the appropriate government as soon as practicable on the conclusion of the proceedings. The labour court usually deals with matters which arise in day-to-day working. The matters specified in the Second Schedule are: (1) The propriety or legality an employer to pass an order under the Standing Orders; (2) The application and interpretation of Standing Orders; (3) Discharge or dismissal or termination of services including reinstatement of or grant of relief to employees wrong fully dismissed; (4) Withdrawal of any customary concession or privilege; (5) Illegality or otherwise of a strike or lockout; (6) All matters other than those specified in the Third Schedule which fall within the jurisdiction of Industrial Tribunal. It shall perform such other functions as may be assigned to it under the Industrial Disputes Act. The labour court has no power whatsoever except those which can be traced to Statute, to a statutory rule or a statutory instrument. It has no supervisory jurisdiction i.e. it cannot act as the guardian of an industrial establishment. The jurisdiction of the labour court is very much circumscribed. It does not sit as an appellate court to weigh the pros and cons and apply its mind to find our if a different conclusion is possible. Its duty is to see whether the enquiry satisfies the principles of natural justice and whether there was material for the management to act in the manner they did and whether their act was not favour of any malpractices as victimization. In the absence of such an indication the labour court normally approves the decision of the domestic enquiry and grants the permission asked. But if there is no domestic enquire the proceedings are vitiated, the labour court has the jurisdiction to undertake an inquiry, accept fresh evidence, re-appraise the same and render a new decision there on. Commenting upon the jurisdiction of the labour court, the Supreme Court in Anand Bazar Patrika.v. Its Employees, held that if the termination of an industrial employees service has been preceded by a proper domestic enquiry perverse the tribunal is not entitled to consider proprietary of the
said conclusion. If one the other hand in terminating the service of the employee the management has acted maliciously or vindictively or has been actuated by a desire to punish the employee for the trade union activities, the tribunal would be entitled to give adequate protection to the employee by ordering his reinstatement. (D) Industrial Tribunal (section 7 A) : The appropriate government may appoint one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter whether specified in the Second Schedule of the Third Schedule. The matters which are in the form of new demands and give rise to industrial disputes, which affect the working of a company or industry, are usually referred to an industrial tribunal. An industrial tribunal may be appointed for a limited period on an ad hoc basic or permanently. The matters specified in the third Schedule are: 1. Wages, including the period and mode of payment: 2. Compensatory and other allowances 3. Hours of Work and rest intervals 4. Leave with wages and holidays 5. Bones, profit sharing, provident fund and gratuity 6. Shift working otherwise than in accordance with standing orders 7. Classification of grades 8. Rules of discipline 9. Rationalization 10. Retrenchment of workmen and closure of an establishment or undertaking 11. Any other matter that may be assigned to them under Act. The tribunal shall consist of one person only, who shall be appointed by the appropriate government. He should be an independent person and below the age of 65 years; he is or has been, the judge of a High Court, or has for a period of not less than 3 years, been a District Judge; or he has held the office of the chairman or as any other member of the labour appellate tribunal or any tribunal, for a period of not less than 2 years, unless he is or has been a Judge of a High Court. The appropriate government may, if it so thinks fit, appoint two persons as assessors, to advise the tribunal in the proceeding before it. Its duty is to hold adjudication proceedings expeditiously, and to submit award to the appropriate government as soon as practicable, on the conclusion of the proceedings. The award shall be in writing and shall be signed by its presiding officer.
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On reference of an industrial dispute to a tribunal, government can interfere, subject to the provisions of the Act, on four grounds: (i) there is want of good faith; (ii) there is victimization or unfair labour practice; (iii) the management has been guilty of violation of principle of natural justice; or (iv) the finding is completely baseless and perverse. The functions of the industrial tribunal are essentially quasi judicial and as such, are subject to the overriding jurisdiction of the Supreme Court. The powers of the tribunals are derived from the statue that creates them and they have to function within the limit imposed thereon and to act according to its provisions. Power of Industrial Tribunal: The tribunal is a judicial body or at least a quasi-judicial body. Therefore, it must serve notice serve notice to the parties by name. Any award made without serving of proper notice is basically wrong. It is obvious from the act that tribunals are constituted when an industrial dispute arises and normally functions as long as dispute is not settled. Whenever a new tribunal is appointed, it is required to start hearing a fresh, specially when it is felt that any prejudice is likely to be caused to any party. The tribunals are supposed to decide the case without any bias. In the Lipton Ltd. Case, the award of the Industrial Tribunal, Delhi, was confirmed by the Labour Appellate Tribunal. However, when a similar dispute between the same company and their workmen of madras arose, the company contended that the award of Delhi tribunal is not binding on the employee, working in madras. The madras high court held that Delhis tribunal decision is certainly not enforceable on the workman. In this context, it is desirable to know, whether any objection pertaining to jurisdiction of a tribunal, be raised before the high court or the tribunal itself. In fact, the difficulty of jurisdiction actually arises where the question of jurisdiction is mixed up with laws and facts. The proceedings before the tribunal, come to end if it finds that is has no jurisdiction over it. If the tribunal finds that the matter falls well within its jurisdiction, it may take up the case. However, the decision the tribunal can be set aside by the courts, if it is found that tribunal has acted without jurisdiction. (c) National Tribunal (Section 7 B): The Central Government may, by notification in the official gazette, constitute one or more national tribunals for adjudication of industrial disputes: (i) involving questions of national importance; or (ii) which are of such a nature that idsutries in more than one state are likely to be interested in, or affected by such, disputes. It consists of one person only, who is an independent person and below 65 years of age. He should be or has been judge of a high court or held the office of chairman or any other member of the Labour Appellate tribunal for a period of not less than 2 years.
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The Central Government may, if it thinks fit, appoint two persons as assessors to advise the National Tribunal Duties of a national tribunal are to hold proceedings of an industrial disputes referred to it by the Central Government expeditiously, and to submit the award to the referred on the conclusion thereof. When a national tribunal has been referred to, no Labour Court or Industrial tribunal shall have any jurisdiction to adjudicate upon such a matter 2.5 MEDIATION Mediation is the ancient art of the peace-maker. It has been practiced in a number of areas when people disagree. It is an ancient and honorable process for the settlement of disputes disputes between two warring nations, disputes between litigants, disputes between labour and management, and in general, disputes between people. It has been most usefully employed to smooth out serious disagreements which threaten the rupture of established relations, such as those between husbands and wives, among associates and friends, and among partners in common endeavors. As a formalized activity, its justification lies in the danger that the consequences of disagreement will have an adverse effect on bystanders, whether as individuals or as a community. Warren (a former Director of the United States Conciliation Service) has stated. Despite the fact that other forms of settlement of labour disputes are more dramatic and have captured the headlines more often, the process of mediation has proved successful in reaching settlement in the great majority of those cases in which agreement had not been reached by direct negotiation between the parties. 2.5.1 Kinds of Mediator There are three kinds of mediators, according to Prof. Pigou, namely (i) The eminent outsider; (ii) The non-governmental board; and (iii) The board connected with some part of the government system of the country. Theses are not mutually incompatible but can be advantageously used to supplement one another. For a certain class of disputes, the eminent outsider cannot be dispensed with, provided that his services are available as and when needed. The non-governmental board has the advantage over the eminent outsider that, on being constituted as an ad hoc body, it is more readily brought into play and has a better chance of making its voice heard in that breathing space before a strike or lockout actually beings. There are various advantages inaccessible to non-governmental boards but which are readily available to the boards attached with governmental machinery of the country, because:
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(i) They Possess exceptional facilities for ascertaining the existence of difference at the earliest possible moment through administrative officers; (ii) They are endowed with greater intellectual and financial resources and can use them more liberally ; and (iii) When mediators are sent out, they are likely to wield a modicum of power which may enable them to work well. Different types of these mediators are valuable in their own spheres. But they are sometimes dangerous. The development of a pace-promoting machinery within separate industries may be checked by the actions of the intervening body. 2.6 CONCILIATION Conciliation is the most important method for the prevention and settlement of industrial disputes through third party intervention. It is an attempt to reconcile the views of the disputants and bring them to an agreement. Conciliation is generally understood as the friendly intervention of a neutral person in a dispute to help the parties to settle their differences peacefully. Conciliation may be described as the practice by which the services of a neutral third party are used in a dispute as a means of helping the disputing parties to reduce the extent of their differences and to arrive at an amicable settlement or agreed solution. It is a process of rational and orderly discussion of difference between the parties to a dispute under the guidance of a conciliator. It is a process by which representatives of workers and employers are brought together before a third person or a group of persons with a view to persuading them to arrive at an agreement by mutual discussion between them. As a process of peace-making in industrial relations, conciliation tends to bring about a speedy settlement of disputes without resort to strikes or lockouts, and to hasten the termination of work-stoppages when these have accrued. Its function is to assist the parties to move towards a mutually acceptable compromise or solution. For this purpose , the conciliator relies on reasoning and persuasion. The conciliator is a neutral party who, without using force, seeks to find some middle course for mutual agreement between the disputants so that the deadlock us brought to an end at the earliest possible moment and normal peace restored. He tries to bridge the gulf between the two contending parties; and if he does not succeed, he at least tries to reduce the differences, as far as possible, by tendering advice to the parties and bring them close to a settlement. Thus m he is a mere go between; the catalytic agent who creates an opportunity for the parties to meet face to face- to - resolve their difference amicably. His duty is not to suggest solutions for the dispute, but to make suggestion for alternative solutions. He tries to persuade the parties to have a fresh viewpoint and different outlook.
He supposed to act as a catalyst to the process of reaching an agreement. The element of compromise, of give and take is still present. He persuades rather than orders or forces the party to accept his viewpoint. He never gives his judgment on the issues. The conciliator substitutes his judgment for that of the parties with regard to the desirable terms of settlement. He may suggest possible lines of solution, or himself purpose terms of settlement if such a course is in accordance with national practice; but it is for the parties to accept or not to accept his suggestion or proposals; he cannot impose terms of settlement upon them. A unique and essential characteristic of the conciliation process is its flexibility, informality and simplicity which sets it apart from other methods of settling industrial disputes. A conciliator generally does not follow the same procedure in every case; he adjusts his approaches, strategy and techniques to the circumstances of each dispute. Probably for this reason in has sometimes been said that, conciliation is an art and the conciliator is a solitary artist recognizing, at most, a few guiding stars and depending mainly on his personal power of divination. 2.6.1 Qualities of Conciliator There are certain basic characteristics which are essential to the work of conciliation. A conciliator must have these if he is to win the trust and confidence of the parties. (i) Independence and impartiality are the two attributes which every conciliator should possess. It is essential that he should not only possess these qualities but be also seen to possess them. He must be above suspicion; and both parties must have confidence in his integrity and neutrality. He should be independent enough not to be swayed or influenced by others. He should be able to resist undue pressures of persuasion from powerful employees or unions. (ii) Since conciliation, in certain cases, involves arduous work, a conciliator should be physically and psychologically fit for the rigours of his task. He must have a strong and deeply held conviction of importance and usefulness of conciliation. It has been noted that conviction is an expression of one of the highest virtues which can be praised the desire to understand and be just to one another. Each time that one attempts to the resolve a conflict without force, one renders to men an enormous service and lead them along the path of wisdom and of respect for themselves and for each other. (iii) A conciliator should never allow conciliation proceedings before him to constitute a mere formality or a step on the road to arbitration. He must be able to offer to the parties inducements that will persuade them to prefer a settlement with his assistance, and to make serious efforts to reach an agreement. (iv) Because of the nature of his work, a conciliator must have the ability to get along well with people. He must be, to a certain extent, a specialist in human relations, in the relations between the parties when they come face-to-face, and in his own relations with them. He must be honest, polite, tactful, self-confident, even-tempered and patient in trying to achieve results. He should have powers of persuasion,
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including a good command of language and a facility for expression, and should be able to communicate with the parties in the language they understand. (v) Since a conciliator has to deal with different persons and has to preside over their meetings in conciliation proceedings, he does not only have to have tact and ability to guide and control their joint discussions, but must also give an impression of responsibility, clear-headedness and mature judgment. He must be able to show others that he possesses enough common sense and practical mindedness. (vi) A conciliator should have a friendly personality, a sense of humour, and have a gift for relieving tensions at joint discussion. A nimbleness of mind will enable him to grasp quickly and analyze rapidly the main elements of controversy. (vii)A conciliator should be well acquainted with law and regulations concerning industrial relations and the settlement of industrial disputes. He should be familiar with the industrial relations system, e.g., the development and structure of trade union and employers associations; the development and structure of trade union and procedures and practices; the operation of agreed negotiation bodies set up by the parties; the main causes and patterns of disputes; knowledge of human resource management, functioning of trade unions within undertakings grievance and disciplinary procedures and joint consultancy machinery. (viii)He should be well-trained in different aspect of the management process. He should have some knowledge of products and services, the production methods, practices, etc. knowledge about wage rates and other financial matters, incentive schemes; and an understanding of traditional outlooks and cultural peculiarities, and of the way in which they after labour relations. (ix) He must have the ability and versatility to form judgments. He should, therefore, acquire knowledge from personal experience and observation; besides getting knowledge of social sciences, psychology, social institutions, group behavior and cultural changes. 2.6.2 Role of the Conciliator The role of a conciliator may be discussed under following heads: (a) As a Discussion Leader As a discussion leader, the conciliator reduces irrationality and antagonism between the parties. He guides them towards a problem-solving approach to their dispute; he ensures that they discuss their difference in as friendly a manner as possible he helps them to analyze their problem always striving to keep the analysis on a rational plane; he identifies the elements of the problem, both for the parties, benefit and for his own (b) As a Safety Valve The conciliator places him in the position of an alternative target when he feels that the parties are in an aggressive mood. By setting a substitute target, the parties can achieve an emotional release without direct and immediate damage to the negotiations.
(c) As a Communication Link The conciliator fulfils an important function as a communication link between the parties: serving as a communication link may either constitute his main conciliatory effort or be a contribution to it. He not only works as a conduit through which messages are relayed from one side to the other, but he also provides a through explanation and interprets the intentions of either party. (d) As an Innovator The conciliator acts as an invaluable source of new information and new thoughts, particularly in providing the parties with different views of the issues, with possible alternative solutions and possibly an entirely new approach. (e) As a Sounding Board He is often described as a flying ambulance squad appearing whenever or wherever a collision or conflict, which threatens to disturb harmonious relations, occurs or is apprehended to occur between the interests of the parties. He may indicate the parties which of their own arguments, defenses and supports cannot stand under a rational searching enquiry. (f) As a Protector The conciliator plays a protecting role, for he readies the parties for collective bargaining positions by exploring alternative solutions during separate meetings. (g) As a Fail-Safe Device The conciliator often assists a party which has overstated its position to the extent of bluff or exaggeration of its reaction to some move on the part of the other, or taken a clearly untenable stance to withdraw gracefully under the banner of reason. (h) As a Stimulator Sensing the need for positive action, the conciliator can provide the necessary impulse to a settlement; he makes a concise statement, supplies some data, gives a hint or suggestion. He moment and giving such ideas a concrete form. (i) As an Adviser The conciliator tires to remove misunderstandings regarding the others positions and capabilities. He tries to see that misinterpretations do not occur and that each side thoroughly understands the others point of view obtains a picture of the opponents strength and realizes (j) As a Face Saver The conciliator often functions as a face saver. When a party knows at the outset or realizes during the course of proceedings that it has a week case and can hope for title
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success in pursuing the dispute. The people concerned are often reluctant to admit defeat, because they feel that this will involve them in a loss of face, or prestige, with their members or with the public. In such situations, the conciliator may devise a form of announcing settlement, which apparently makes some small concession to party concerned but which in reality gives it little or nothing. As a Promoter of Collective Bargaining While intervening in a dispute, he not only concerned with promoting a settlement, but often assists in collective bargaining and guides the parties in the development of their relationship. Thus, a conciliator has to play a wide variety of roles. When a strike or lock-out is threatened, it is his duty to advise the party concerned on the legality of the proposed action and to use all his powers of persuasion so that the action may be postponed while conciliation is going on. He makes efforts to persuade the parties against violent or disorderly behaviour in carrying out the proposed action which might lead to bitterness. He also tries to bring the parties together to the negotiating table before the factory is shut down or any damage to equipment or property is done. And he ensures that work is immediately resumed when the strike or lockout is terminated. 2.6.3 Sequential Pattern of Conciliation The process of conciliation generally follows a sequence consisting of three major phases: (i) The Hard Posture Phase: The parties come to conciliation as adversaries in an openly declared dispute. They come with hardened attitudes, which may be indicated in many ways inflexibility, adamant defense of position, efforts to discredit the other side, out-of-hand rejection of opposing views. During this phase, each party invariably takes the stand that is wholly right and the other side wholly unreasonable or wrong; neither party can see or will admit any merit in any argument or proposition put forward by the other side. There may not only be antagonism in any argument or proposition put forward by the other side. There may not only be antagonism but open hostility between the parties. Instead of verbal assaults or expressive gestures, there may be coolness or stiffness in one partys attitude to the other. During this phase, the conciliator acquires information of the parties position and of the gap which separates them; and on that basis, he begins his efforts. (ii) Search for Accommodation: In this phase, each party is primarily concerned with protecting its own bargaining position. Neither party normally takes the initiative in adopting an accommodation attitude. The conciliators objective is to induce them to adopt a more flexible attitude and to move closer towards each other. Here, he is concerned with preventing the discussion from developing into a stalemate which will spell the failure for his efforts.
(iii) Emergence of Appropriate Mood for Settlement of Compromise: During this phase, the conciliator prods, encourages, and assists the parties to make modified proposals and counter-proposals. The symptoms, which might indicate the areas of agreement within reach, are the acknowledgement, by one side that it understands the views expressed by the opposite side. A friendlier tone may be there, i.e. there might be a direct exchange of comments, which was formerly entirely absent; or a partial or fragmentary acceptance of the proposal Conciliation is an art, which includes the art of listening, the art of asking question, the art of timing, and the art of persuasion. To use this art, various techniques are employed. These techniques are as varied as the personalities of conciliators. As such many conciliators rely upon a strength forward approach to the parties; others prefer to work in a subtle and calculated manner. There may be conciliators who may be forcefully active in taking initiatives; and others who play a relatively passive or less aggressive role. The techniques most frequently used are: (i) Listening attentively to the parties so that information/facts be gathered; (ii) Asking questions to obtain information; (iii) Persuading the parties to overcome their differences and agree upon a compromise by bringing reason and objectivity to bear on the discussion; by winning their confidence through such qualities as impartiality, trustworthiness and expertise; and by inducing either party to abandon a position, or by convincing a party to accept a certain point of view, suggestions or proposal, or to agree to proposed terms of settlement, In any dispute, the parties are usually subjected to a multiple reaction of different pressures some of which are inherent in industrial, disputes; others are created by the conciliator himself. Such pressures are: (a) Personal (b) Social and political (c) Economic (a) Personal pressure from the conciliator: It is based on his personal relationship with the parties. Personal relationship and pressures are generally considered the mainstay of conciliation statement of facts to a detailed reasoning and exposition; from appeal to reason to coaxing, wheedling, flattery, cajolery, and ,at times, criticism, from holding a short meeting to keeping the negotiation in continuous sessions. (b) Social and political pressure: This includes the opinions of outsiders whose views are important, and environmental influences. The parties to a dispute may be influenced by the views of other employers or trade unions, or of employers organizations. Public opinion tends to be important in disputes
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effecting the supply of essential goods and services to the community. In some situations such as national emergencies, or when inflation running wild, there is a greater public concern over the way disputes are settled and wage claims dealt with. (c) Economic pressure: This relates to market conditions and the parties bargaining strength. This is the pressure which parties themselves seek to exert on each other. Pressure for a particular type of settlement will be generated by the factual situation rise in living costs, wage increases granted by comparable firms, wages rates paid by competitors, comparative productivity levels. Economic pressure is more generally associated with the resort to a strike or lockout. 2.7 ARBITRATION 2.7.1 Concept Arbitration is a means of securing an award on a conflict issue by reference to a third party. It is process in which a dispute is submitted to an impartial outsider who makes a decision which is usually binding on both the parties. It is a process where there is a hearing and a determination of a cause between parties in controversy by a person or persons chosen by them, or appointed under a statutory provision. The parties submit their disputes/ issues and are bound by the award of an arbitrator in relation to the matter which is in dispute between them. Arbitration is to be distinguished from conciliation not only by the fact that its decision is binding on the parties but also by its different approach and spirit. 1 The main objective of arbitration is adjudication and, hence, there is no place for compromise in awards though the parties are at liberty to do so. While the conciliator has to reconcile the recommendations of the parties, sometimes against his own discretion, as long as he brings about an agreement between the contending parties, the arbitrator enforces his own point of view on the contending parties and the opinions of the disputants are not given any predominance. Moreover, arbitration is more judicial in character than conciliation. Arbitration is also to be distinguished from mediation. Arbitration is a judicial process, while mediation has a legislative tinge. The award of the arbitrator rests on equity and justice, i.e., there is no scope for compromise, while compromise is the very essence of mediation. The arbitrators award is binding while that of the mediator is not. Arbitration often leads to the termination of the dispute, but mediator may or may not bring about this termination. Arbitration is best suited for the settlement of contractual rights, whereas mediation is suited to the adjustment of disputes over interests. (i) Approaches to Arbitration (ii) Arguments for and Advantages of Arbitration (iii) Evils of Arbitration
2.7.2 Types of Arbitration Arbitration may be voluntary or compulsory. Voluntary arbitration implies that the two contending parties, unable to compose their differences by themselves or with the help of the mediator or conciliator, agree to submit the conflict/dispute to an impartial authority, whose decision they are ready to accept. In other works, under voluntary arbitration, the parties to the dispute can and do themselves refer voluntarily any dispute to arbitration before it is referred for adjudication. This type of reference is known as a voluntary reference, for the parties themselves volunteer to come to a settlement through arbitration machinery. The essential elements in voluntary arbitration are: The voluntary submission of dispute to an arbitrator The subsequent attendance of witnesses and investigations; The enforcement of an award may not be necessary and binding because there is no compulsion. But, generally, the acceptance of arbitration implies the acceptance of its award-be it favorable or unfavorable; and Voluntary arbitration may be specially needed for disputes arising under agreements. Compulsory arbitration, on the other hand, is one where the parties are required to accept arbitration without any willingness on their part. When one of the parties to an industrial dispute feels aggrieved by an act of the other, it may apply to the appropriate government to refer the dispute to adjudication machinery. Such reference of a dispute is known as compulsory or involuntary reference, because reference in such circumstances does not depend on the sweet will of both the contending parties or any party to the dispute. It is entirely the discretion of the appropriate government based on the question of existing dispute, or on the apprehension that an industrial dispute will emerge in a particular establishment. Under compulsory arbitration, the parties are forced to arbitration by the state when: (i) The parties fail to arrive at a settlement by a voluntary method; or (ii) When there is a national emergency which requires that the wheels of production should not be obstructed by frequent work-stoppages; or (iii) The country is passing through grave economic crisis; or (iv) There is a grave public dissatisfaction with the existing industrial relations; or (v) Industries of strategic importance are involved; or (vi) Parties are ill balanced, i.e., where the unions are weak, ill-organised, and powerless and the means of production are in the hands of the capitalists who are wellorganised and powerful; or
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(vii)Public interest and the working conditions have to be safeguarded and regulated by the state. Compulsory arbitration leaves no scope for strikes and lockouts; it deprives both the parties of their very important and fundamental rights. The government considers whether an industrial dispute exists or is apprehended in an industrial establishment; and if it is satisfied, it may, at any time, by an order in writing, refer the dispute to a Board of Conciliation or a Court of Inquiry, or a labour court or a tribunal. The dispute is said to be referred at any time when it commences with the issue of demand notice or with any legal steps by which the proceedings are instituted for making a reference and terminates with an order of the appropriate government in writing. Sometimes the government may make a reference for any valid reason. Where any industrial dispute exists or is apprehended and the management and workers agree, under a written agreement, to refer the dispute to arbitration, they may do so. Since the parties to the agreement are the trade union and the employer, either of them would ordinarily be responsible for initiating proceedings to settle differences through arbitration. Where arbitration is voluntary, only the issues that have been agreed upon by the parties as arbitrable can be submitted to arbitration under the agreement. Conceivably the parties might agree to a coverage so broad as to embrace any and all disputes between the parties. The agreement may specify questions that shall not be subject to arbitration (such as certain management prerogatives); or it may otherwise limit the scope of the arbitrators authority. The arbitrator, then, shall have no power to add to, subtract from, alter or otherwise change or modify the terms and conditions of agreement. 2.8 REFERENCE OF DISPUTE TO ARBITRATION UNDER INDUSTRIAL DISPUTES ACT, 1947 Under the Industrial Disputes Act, 1947, a dispute may be referred to arbitration under the following conditions: (a) An industrial dispute exists or is apprehended in an establishment; (b) The employer and the workers agree, in writing, to refer the dispute to arbitration; (c) The arbitration agreement is in the prescribed form and signed by the parties to it in the prescribed manner; (d) The agreement must be accompanied by the consent, in writing, of the arbitrator or arbitrators; (e) The dispute must be referred to arbitration at any time before it has been referred to a labour court or tribunal or a national tribunal; (f) The reference must be to the person or persons specified in the arbitration agreement to act as arbitrator/arbitrators;
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(g) The arbitration agreement must set forth the issue/issues to be decided by the arbitration procedure and a copy of the agreement is forwarded to the government and the conciliation officer. 2.8.1 Qualification of Arbitrators If arbitration is to be successful, the arbitrators must have the qualifications to ensure that the parties entrust them with the responsibilities for making decisions on the questions at issue. They should have the following qualifications; (i) an understanding of the complexities of the labour-management relationship; (ii) a knowledge of collective bargaining and the operation of arbitration procedures, as well as skill and experience in the interpretation of collective agreements; and familiarity with personnel policies, industrial discipline and human relations; (iii) high integrity, that is, they should be non-partisan persons with a deep sense of impartiality, which requires that they should be free from any commitment to, or prejudice in favour of, one side or the other; (iv) they must be committed to the maintenance of harmonious labour management relations and have a strong belief in the importance of successful arbitration; (v) They must be acceptable to the parties. 2.8.2 Procedure for Investigation After the dispute has been referred to the arbitrator, he will hear both the parties. Hearing involves mastery of the facts of a particular dispute as well as the relevant provisions of the collective agreement and of the past practices of the parties in relation to matters relevant to the dispute. An investigation of the facts and circumstances of the dispute is of great importance. The investigation should aim at ascertaining who and what are involved in the dispute. The arbitrator may call witnesses, get evidence and relevant records and documents, current and the past agreements; ordinances, court decisions, statutes (bearing on the case) and arbitration decisions by other arbitrators in similar cases, that may suggest a line of reasoning. When an important witness is unable to attend, sworn affidavit is often used. After the collection of facts and supporting materials, arguments take place. Certain principles are followed by an arbitrator while dealing with a particular dispute, namely: (i) Fair hearing, which demands that an opportunity should be given to both the parties to be heard and cross-examined. (ii) Principle of natural justice requires that a party should have due notice of proceedings, and it must know what are the issues involved and what part it has to play. (iii) The party should be free to give any evidence which is relevant to the enquiry and on which it relies for its arguments. The evidence given by one party should be taken in the presence of the other party so that the other party may rebut and place counter evidence, if necessary.
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(iv) The arbitrator should not rely on any document which is not shown and explained to the other party and to which a reply has not been received. He has to be completely impartial without any bias or prejudice against anybody. 2.8.3 Submission of Award The arbitrator, after investigating the dispute, has to submit his award to the government. The award will have the same legal force as the judgment of a labour court or tribunal. The award must be signed by the arbitrator. While writing his award, the arbitrator has to ensure that: (i) The award is in line with the terms of reference and that it does not go beyond its jurisdiction; (ii) It must be precise and definite, that is, it must be clear, unambiguous and without any, vagueness, and that it is not in any way capable of being misunderstood or misinterpreted; (iii) It should be capable of being enforced or implemented; in other words, it should not contain directives or provision which apparently seem impossible of enforcement; (iv) The award should contain a date or a specific period for its implementation; (v) The award should not violate any provision of any existing law or settlement legally arrived at, or one which is binding on parties; (vi) The award should contain sufficient justification or reasons for the settlement arrived at by the arbitrator. 2.8.4 Criticism of Compulsory Arbitration The system of compulsory arbitration has been tried in Australia, New Zealand and America; but, in the last country, it has now been inoperative because of severe opposition by workers, who consider compulsory arbitration equivalent to involuntary servitude and denial of civil liberty and loss of personnel freedom. The American labour movement is opposed to compulsory arbitration because; (i) Resort to compulsory arbitration promotes and prolongs industrial disputes; (ii) Compulsory arbitration undermines self-government in industry, i.e it hampers the development of industrial democracy; (iii) It takes away from the employers and unions the responsibility of working out their mutual problems and transfers it to government-created tribunals; (iv) It kills collective bargaining and replaces it with litigation; it allows the parties to avoid unpleasant confrontation of their difficulties, creating a dependency upon public authority; (v) By requiring even an air of compulsory labour, it subjects workers to involuntary servitude;
(vi) It exposes workers to arbitrary restraints and penalties before trail and correction; (vii)It denies the working people the right to protect themselves and resist a wrong, and to strive peacefully for improvement in their conditions; (viii)Decisions handed down through arbitration might be coloured by political expediency. Thus, both employers and the unions would become deeply involved in political pressures and efforts to win favors; (ix) It means loss of personal freedom, loss of mobility, loss of power of initiative, loss of hope and aspiration for self-betterment; (x) The prohibition of strikes is not readily enforceable; lower productive efficiency, and shuts of all productive possibilities. 2.8.5 National Arbitration Promotion Board To make voluntary arbitration more acceptable to the parties and to co-ordinate efforts for its promotion, the government appointed, in July 1967, a National Arbitration Promotion Board with a tripartite composition. The functions of the Board are: (i) to review the position periodically; (ii) to examine the factors inhibiting a wider acceptance of this procedure and suggest measures to make it more popular; (iii) to compile and maintain up-to-date panels of suitable arbitrators for different areas and industries and to lay down their fees; (iv) to evolve principles, norms and procedures for the guidance of the arbitrator and the parties; (v) to advise parties, in important cases, to accept arbitration for resolving disputes so that litigation in courts may be avoided; (vi) to look into the cause or causes of delay and expedite arbitration proceedings, wherever necessary; (vii)to specify, from time to time, the types of disputes which would normally be settled by arbitration in tripartite decisions. 2.9 ADJUDICATION Adjudication involves intervention in the dispute by a third party appointed by the government for the purpose of deciding the nature of final settlement. 2.9.1 Types of Adjudication When the government gets a report of the failure of conciliation proceedings, it has to decide whether it would be appropriate to refer the dispute to arbitration. The reference of dispute to adjudicating is at the discretion of the government When both parties, at their own accord, agree to refer the dispute to adjudication, it is obligatory on the part of the government to make a reference. When a reference to adjudication is made by the parties, it is called Voluntary Adjudication.
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On the other hand, when reference is made to adjudication by the government without the consent of either or both the parties to the dispute, it is known as Compulsory Adjudication. Three-Tier System of Adjudication The Industrial Disputes Act, 1947 provides for a three-tier system of adjudication (1) Labour Courts; (2) Industrial Tribunals; and (3) National Tribunals. These are the adjudication bodies which decide the disputes refereed to them by the appropriate government and pass their awards. The Labour Courts adjudicate upon disputes listed in Schedule II of the Act. The Industrial Tribunals adjudicate upon disputes which are of national importance, or when the dispute is of such a nature as to effect industrial establishment situated in more than one state. LABOUR COURTS One or more labour courts may be constituted by the appropriate government for adjudicating on industrial disputes relating to any matter specified in the second schedule to the Act, and for performing such other functions as may be assigned to them. Constitution A labour court shall consist of one person only, who: (a) Is or has been a judge of a High Court; or (b) Has been, for a period of not less than 3 years, a District Judge; or (c) Has held any judicial office in India for not less than 7 years. No person shall be appointed or continue in the office of the labour curt if he is not an independent person, or if he has attained the age of 65. The duties of the labour court are: (i) To hold adjudication proceeding expeditiously; and (ii) Submit its award to the appropriate government as soon as practicable on the conclusion of the proceedings. The labour court usually deals with matters which arise out of the day-to-day working of an undertaking.
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Jurisdiction The jurisdiction of labour courts extends to the adjudication of the following disputes relating to matters specified in the Second Schedule: (1) The propriety or legality of an order passed by an employer under the Standing Orders. (2) The application and interpretation of Standing Orders. (3) Discharge or dismissal or workers, including reinstatement of, or grant of relief to, workers wrongfully dismissed. (4) Withdrawal of any customary concession or privilege. (5) Illegality or otherwise of a strike or lockout. (6) All maters other than those specified in the Third Schedule of the Act (i.e., those matters which are within the jurisdiction of industrial tribunals). The labour court has no power whatever except those powers which can be traced to a Statue, to a statutory rule or a statutory instrument. It has no supervisory jurisdiction, i.e., it cannot act as a guardian of an industrial establishment. Further, though the labour court does not have jurisdiction over the matters specified in the Third Schedule, where the dispute relates to any matter specified in the Third Schedule and is not likely to effect more than 100 workers, the appropriate government may, if it thinks fit, refer the dispute to a labour court. The jurisdiction of the labour court is circumscribed. It does not sit as an Appellate Court to weigh the pros and cons and apply its mind to find out if a different conclusion is possible. Its duty is to see whether the enquiry satisfies the principles of natural justice; whether there was material for the managements to act in the manner they did and whether their act was savoured of any malpractice or victimization. In the absence of such an indication ex facie in the proceedings of the enquiry officer, the labour court is normally expected to approve the decision of the domestic enquiry and grant the permission asked for. Only in cases where there was no domestic enquiry or the proceedings at the domestic enquiry were in any way vitiated would the labour court have jurisdiction to undertake a re-enquiry accept fresh evidence, re-appraise the same and render a new decision thereon. 2.10 INDUSTRIAL TRIBUNALS The appropriate government may appoint one or more industry tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Scheduler or the Third Schedule. The matters which are in the form of new demands and give rise to industrial disputes which affect the working of a company or industry are usually refereed to an industrial tribunal. The industrial tribunal may be appointed for a limited period on an ad hoc basis or permanently.
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2.10.1 Constitution A tribunal shall consist of one or more persons, such as (a) Are or have been judge(s) of High Court (b) Are or have been District Judge(s) for a period of not less than 3 years; (c) Hold or have held the office of the chairman or any other member of labour appellate tribunal or any tribunal for a period of not less than 2 years. The government may, if it thinks fit, also appoint two persons as assessors to advise the tribunal in the proceedings before it. The functions and duties of the industrial tribunal are very similar to those of a body discharging judicial functions. Although it is not a court, it has all the necessary attributes of a court of justice. It may create new obligations or modify contracts in the interest of industrial peace; protect legitimate trade union activities and prevent unfair practices and victimization. The tribunals are required to give awards based on circumstances peculiar to each dispute; and they are, to a large extent, free from restrictions of technical consideration or rules oe evidence imposed on courts. 2.10.2 Jurisdiction An industrial tribunal has a wider jurisdiction than labour courts. It has jurisdiction over any matter specified in the Second Schedule or Third Schedule. The jurisdiction covers the promoting of social justice, that is, fairness in the adjudication proceedings to all concerned parties. The matters specified in the Third Schedule are: (1) Wages, including the period and mode of payment (2) Compensatory and other allowances (3) Hours of work and rest intervals. (4) Leave with wages and holidays. (5) Bonus, profit-sharing, provident fund and gratuity. (6) Shift working, otherwise than in accordance with the standing orders. (7) Classification of grades. (8) Rules of discipline. (9) Rationalization (10)Retrenchment of workman and closure of an establishment (11)Any other matter than may be prescribed. The industrial tribunal has to hold judicial proceedings expeditiously and submit its award to the appropriate government as soon as practicable on the conclusion of the proceedings.
In the country there are twelve Central Government Industrial Tribunals-cum-Labour Courts, two of each of which are located at Dhanbad and Bombay and one each at Asansol, Calcutta, Jabalpur, New Delhi, Jipur, Chandigarh, Kanpur and Bangalore. The Industrial Tribunals and Labour Courts are set up by the State Government and U.T administration are also utilized by the Central Government for the adjudication of disputes, if the need arises. 2.10.3 National Tribunals The Central Government may, by Notification in the Official Gazette, constitute one or more national tribunals for the adjudication of industrial disputes which, in the opinion of the Central Government, involve questions of national importance or are of such nature that industrial establishment situated in more than one state are likely to be interested in, or affected by, such disputes. Constitution A national tribunal shall consist of one person only to be appointed by the Central Government, who: (a) is or has been a judge of a High Court or (b) has held the office of the Chairman or any other member of the Labour Appellate Tribunal for a period of not less than 2 years. If the Central Government thinks fit, it may appoint two persons as assessors to advise the national tribunal on the proceedings before it. 2.11 MODEL PRINCIPLES FOR REFERENCE OF DISPUTES TO ADJUDICATION The Indian Labour Conference (held in Madras in July 1959) evolved a set of model principles for reference of disputes to adjudication, according to which the central industrial relations machinery is to take these principles into consideration before recommending adjudication, and the government it required to consider them before referring to adjudication. These principles were: (1) All Duties ordinarily be refereed to adjudication on request. (2) Disputes may, not, however, be ordinarily referred to adjudication: (a) Unless efforts at conciliation have failed and there us no further scope for conciliation and the parties are not agreeable to arbitration; (b) If there is a strike or lockout declared illegal by a court, or a strike or lockout resorted to without seeking settlement by means provided by law and without proper notice or in breach of the Code of Discipline as determined by the machinery set up for the purpose, unless such a strike or lockout, as the case may be, is called off;
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(c) If the issues involved are such as have been the subject matter of recent judicial decisions or in respect of which an unduly long time has elapsed since the origin of the cause of action; and (d) If, in respect of demands, other legal remedies are available, that is, matters covered by the Factories Act, Workmens Compensation Act, payment of wages Act, etc: (3) Industrial disputes raised in regard to individual cases, that is, cases of dismissal, discharge or any other action of management on disciplinary grounds, may be referred for adjudication when the legality or propriety of such action is questioned, and in particular:
Whenever an industrial dispute exists, or even where there is a mere apprehension that it will arise, the government may make a reference of the dispute for adjudication. 2.12 COMMENCEMENT AND CONCLUSION OF PROCEEDINGS The proceeding before a labour court, tribunal or national tribunal is deemed to have commenced on the date of the reference of the dispute for adjudication. The proceedings before the labour court, tribunal or national tribunal are deemed to have concluded on the date on which the award becomes enforceable. The Act provides that any information obtained by the labour court, tribunal or national tribunal is not to be included in nay report or award. (i) in the course of any investigation or enquiry as to a trade union or as to any other individual business: (ii) if such information is not available otherwise than through evidence before such officer or court or tribunal. (iii) If the trade union, person, firm or company in question has made a request in writing to the authority concerned that such information shall be treated as confidential. Neither the authority nor any person present at or concerned in the proceedings is allowed to disclose any information, or contents of any document claimed to be confidential, without the consent in writing of the secretary of the trade union or other person, firm or company , as the case may be. 2.13 CENTRAL INDUSTRIAL RELATIONS MACHINERY IN INDIA The Central Industrial Relations Machinery was set up in 1945, with the Chief Labour Commissioner as Head of the Department. The purpose was to give effect to the various provision of the Industrial Disputes Act for the prevention, investigation and settlement of disputes in the industries in the Central sphere and the enforcement of awards, settlement of other labour laws of which the responsibility is vested in the Central Government. The specific functions of C.I.R.M are as under.
(1) Prevention and settlement of industrial disputes in industries located in the central sphere (for which the Central Government is appropriate government under the Industrial Disputes Act, 1947) (2) Enforcement of labour laws in industries and establishments located in the central sphere ((for which the Central Government is appropriate government under the relevant labour laws). (3) Verification of Membership of trade unions in nationalized banks for identification of the representative union to facilitate the appointment of workers director on the board of directors. (4) ad hoc verification of membership of trade unions in major prots. (5) Verification of membership of registered trade unions affiliated to the Central Trade Union Organisations (CTUOs) to determine the strength of CTUOs for the purpose of giving representation to CTUOs on national and international force. (6) Enforcement of awards and settlements. (7) Conduct of enquiries into the breaches of code of discipline. (8) Promotion of Works Committees and workers participation in management (9) Collection of statistical information in the central sphere pertaining to industrial disputes, work stoppages ages, labour situation and labour regulation. (10)Defence of Court cases and writ petitions arising out of implementation of labour laws The C.I.R.M is located at Delhi, headed by the Chief Labour Commissioner (Central) (C/L/C (C)). He is assisted by 31 officers who perform line and staff functions. In the field set-up, C.L.C had 18 (RLC), 70 Assistant Labour Commissioners and 160 Labour Enforcement Officers. So it can be said that C.I.R.M. is well spread in different parts of country with zonal, regional and unit level formation as depicted in the organ gram. The central machinery operates in 18 regions each headed by Regional Commissioner with headquarters at Ajmer, Ahmedabad, Asansol, Bombay , Bangalore, Bhubaneshwar, Chandigarh, Calcutta, Cochin, Dhanbad, Guwahati, Hyderabad, jabalpur, Kanpur, Madras, New Delhi, Nagpur and Patna. The central machinery also includes Courts of Enquiry, labour courts, Indistrial and National tribunal and the State Arbitration Board. The CIRM with a view to check the exploitation of unorganized workers undertakes inspection of the establishments with specific reference to enforcement of labour laws.
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Industrial Disputes A Statiscal Report

Item Description No. of Strikes No. of Workers Involved No. of Mandays lost No. of Lockouts No. of Workers Involved No. of Mandays lost 2002 295 900,386 9,664,537 284 179,048 2003 255 1,010,976 3,205,950 297 804,969 2004 236 1,903,054 4,828,737 241 169,167 2005 227 2,722,784 2006 (P) 246 1,701,891
10,800,686 5,581,705 229 190,817 214 107,533
16,921,382 2,70,49,961 19,037,630 18,864,313 16,592,163
( P ) = Provisional N.B.: Only those work stoppages which are on account of industrial disputes and which involves 10 or more workers, whether directly and /or indirectly are included in the statistics of Industrial disputes. Questions for Discussion 1) What constitutes an Industrial Dispute ? 2) What is Mediation? Who are the different kinds of mediator? 3) List the qualities necessary for a Conciliator 4) What are the different facets / role played by a conciliator ? 5) Explain the sequential pattern of Conciliation 6) Explain the TWO different types of Arbitration 7) List a few of the instances where a dispute can be referred to arbitration under the ID Act of 1947 8) What is National Arbitration Promotion Board ? 9) Explain the THREE-TIER system of Adjudication 10) Explain the role played by the Central Industrial Relations Machinery in India
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LABOUR WELFARE
Learning Objectives After going though this unit you should be in a position to explain the following terminologies: Concept of Labour welfare Welfare Measures voluntary & non-voluntary Statutory welfare measures Welfare Funds Workers Education Training Schemes
3.1 INTRODUCTION Industrial progress of country depends on its committed labour force. In this regard the importance of labour welfare was recognized as early as 1931, when the Royal Commission on Labour stated that the benefits which go under this nomenclature are of great importance to the worker who is unable to secure by himself. The schemes of labour welfare may be regarded as a wise investment which should and usually does bring a profitable return in the form of greater efficiency. Twenty years later, the Planning commission realized the importance of labour welfare, when it observed that In order to get the best out of a worker in the matter of production, working conditions require to be improved to a large extent. The worker should at least have the means and facilities to keep himself in a state of health and efficiency. This is primarily a question of adequate nutrition and suitable housing conditions. The working condition should be such as to safeguard his health and protect him against occupational hazards. The work place should provide reasonable amenities for his essential needs. The worker should be quipped with the necessary technical training and certain level of general education. Labour and Labour Welfare sub-sector consists of six main programmes viz. Labour Administration, Rehabilitation of bonded labour, Assistance to Labour Cooperatives, Craftsmen training programme, Apprenticeship training programme, Employment Services and Sanjay Gandhi Swavalamban Yojana.
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3.2 WELFARE AND WORKING CONDITIONS The Encyclopedia of Social Science (Vol. XV, 1935) defines labour welfare as The voluntary efforts of the employers to establish within the existing industrial system, working and sometimes living and cultural conditions of the employees beyond that which is required by law, the custom of the industry and the conditions of the market The report of the Committee on Labour Welfare set up the Government of India in 1969 refers to welfare as a broad concept, a condition of well-being. It speaks of measures which promote the physical, psychological and general well-being of the working population. Welfare covers the families of workers, especially in India, well-being encompasses that of their families. Labour welfare implies providing better work conditions, such as proper lighting, heat control, cleanliness, low noise level, toilet and drinking-water facilities, canteen and rest rooms, health and safety measures reasonable hours of work and holidays, and welfare services, such as housing, education, recreation, transportation, and counseling. 3.3 IMPORTANCE OF LABOUR WELFARE In India, welfare is of the statutory and the non-statutory kinds. Though statutory welfare ensures a bare minimum of facilities and reasonably good working conditions, employers are free to provide, or not to provide, non-statutory welfare. However, practically all organizations in India provide non-statutory measures in varying degrees. Why are such organizations involved in extensive welfare measures? These questions can be viewed from the point of view of the workers, the unions and the employers. From the viewpoint of workers, welfare measures must eliminate risk and insecurity. This is to ensure their personal safety and provide them with equipment and atmosphere needed to draw a fair days wage without any feeling of guilt. Given the workers economic constraints, probably due to large families, organizations should provide facilities such as transport, medical aid, crches, and subsidized food required by worker. Unions would like to secure several benefits to maintain their image. The role of unions in welfare has also been influenced by the sociopolitical and legal environment and the economy. Their role in labour welfare stems economy. Their role in labour welfare services apart from those available to them as citizens and members of the community. Therefore, unions feel that such services apart from those available to them as citizens and members of community. Therefore, unions feel that such services ought to be provided either by the Government or the employers. However, much depends on the initiative of the unions, their bargaining strength and the priority given by the to the rights of the workers. In organizations where unions have been assertive, welfare activities have been considerable, while in unorganized sectors workers have not been able to derive sufficient benefit from their employers.
Employers provide amenities to discharge their social responsibility, raise the employees morale, use the work force more effectively and reduce turnover and absenteeism. Benefits such as bonuses, etc., are bound by length of service, thus ensuring that an employee will remain for a certain minimum period at least. Though paternalism may be out-modelled, many managers feel, while others are convinced, that welfare benefits not only raise employee morale but make it easier for employers to attract and hire competent personnel. Welfare helps build a positive image of the organization and facilitates dealings with the union. 3.3.1 A Labour Labour Administration A brief description of the important schemes under the Labour Administration SubSector is given below. During Tenth Five Year Plan, 2002-2007 outlay of Rs. 568.00 lakh is provided and Rs.40.00 lakhs is provided for Annual Plan 2002-2003. (1) Training & Research Programme It is proposed to train officers of the Labour Department in connection with various Labour Laws implemented in the State. A provision of Rs.1.00 lakh is provided in 2002-2003 and outlay for Tenth Five Year Plan 2002-2007 is Rs.10.00 lakh. (2) Scheme for wide Publicity to various Labour Laws. It is proposed under this Scheme to regulate service conditions of workers and to give publicity to various labour laws through the media like television, radio, short documentaries, display of slides in rural theatres, video films, posters, folders and newspapers etc. An outlay of Rs. 10.00 lakh is provided for Tenth Five Year Plan 2002-2007, and Rs.1.00 lakh for 2002-2003. (3) Strengthening of Medical wing of the Directorate of Industrial Safetyand Health There are different types of industries in Maharashtra like heavy and light engineering, heavy and light chemical industries, petrochemicals, pesticides, fertilizers, textile and Electronic Industries. All these pose their own potential hazards, which may cause acute And chronic side effects on the health of the workers. In Maharashtra, the chemical factories which include heavy chemical complexes or small chemical factories which may produce acute effects on the health of the workers to such an extent that it may result in death. Pesticides spilled on the body of the workers are equally dangerous. An outlay for Tenth Five Year Plan 2002-2007 Rs.200.00 lakh, out of that an outlay Rs.5.00 lakh is provided in the Annual Plan 2002-2003. (4) Improvement of communications, mobility of Factory Inspectors For the quick transmission of messages relating to factory accidents, gas leaks, fires and
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Disasters in the area a broad network of office/ residential telephones is an essential Pre-requisite for the Factory Inspector, the concerned Dy.Chief Inspector of Factories, the Chief Inspector and from C.I.F.to higher authorities. Quick transmission of such messages to the area Factory Inspector and others not only facilitates a prompt inquiry into the mishap and its causes but also enables the concerned authorities to bring into action the various control measures in the case of disaster. An outlay for Tenth Five Year Plan 20022007 is Rs.150.00 lakh. Out of that an outlay Rs.5.00 lakh is provided for Annual Plan 2002-2003. Rehabilitation of Bonded Labour The Bonded Labour System (Abolition) Act, 1976 which came into force with effect from 25th October 1975. The work pertaining to rehabilitation of bonded labour is entrusted to Revenue and Forests Department. The Collectors have been instructed to take suitable action for rehabilitation. The bonded labourers freed from bondage are to be rehabilitated in the ongoing works of Government like IRDP, EGS etc. The Government of India has enhanced the subsidy to Rs.6250. This scheme is a part of 20 Point Programme. 50% Central assistance is admissible for this scheme. At the end of March, 1998, 1364 bonded labourers were identified, 1287 were rehabilitated and 77 were not required to be rehabilitated for some or the other reasons. As on today not a single identified bonded labour remains to be rehabilitated. An outlay for Tenth Five Year Plan 2002-2007 is Rs.20.00 lakh. Out of that an outlay Rs.4.00 lakh is provided for Annual Plan 2002-2003. Assistance to Labour Cooperatives There are 4,422 Labour Contract Societies in the State with a total membership of 2,20,000. The membership of labour contract societies are mainly from weaker section community. These societies organize scattered and unorganized labourers together and provide them gainful employment in various works obtained on contract from Government Departments and other agencies. This system has eliminated the exploitation of labourers from private contractors. An outlay for Tenth Five Year Plan 2002-2007 is Rs.5.00 lakh. Out of that an outlay Rs.1.36 lakh is provided for Annual Plan 2002-2003. 3.3.2 B Training CRAFTSMEN TRAINING PROGRAMME (Industrial Training Institutes) The Craftsmen Training Programme is controlled by the Directorate General of Employment and Training (DGET), Ministry of Labour, Government of India and the curriculum in various vocations is executed as per directives received from it. Thus the training programme is chalked out on National basis and at State level, it is administered on the basis of norms and guidelines laid down by National Council for Vocational Training
(NCVT). This programme mainly deals with the training of craftsmen in various engineering and non-engineering trades. The syllabi for the various trade courses which are introduced in ITIs are prepared by NCVT. The courses are of one or two years duration. Some of the trade courses are started under the aegis of State Council for Vocational Training (SCVT) to meet the local needs. Accordingly at present training is being imparted in 58 different trades out of which 28 are of two years duration and remaining 30 are of one year duration. Out of these 58 trades, 41 are Engineering trades while remaining 17 are non-engineering trades. At present, out of 58 trades, 4 are covered under the aegis of SCVT and remaining are as per syllabi laid down by NCVT. The training in Its is aimed at equipping the trainees with adequate practical and theoretical knowledge of the concerned trades and to develop them into semi-skilled craftsmen suitable for Industrial Employment or as an apprentice in the designated trades under the Apprenticeship Act or to undertake self-employment ventures. At present, there are 347 Government I.T.Is. and 269 non Government ITIs, with intake capacity of 65704 and 30724 respectively. Government ITIs includes 15 ITIs for women with intake of 3648 Women. There are 56 Government ITIs in tribal sub-plan area with an intake capacity of 8692 trainees. 75% of the available seats in these ITIs are reserved for scheduled tribes. In the ITIs in the general plan area 25% of seats in each trade are reserved for women. Thus the total Number of ITIs in the State is 616 with intake capacity of 94656. In order to extend the feasibility for vocational training to the people, the State Government has taken a decision to set up in phased manner, one Government I.T.I. in every taluka where no I.T.I. exists at present. In view of this out of 326 total talukas, all talukas are already covered by establishing mini ITIs. Main Thrust Areas (i) Modernisation of Existing Trades, (ii) Maximum utilisation of Existing Infrastructure, (iii) Creating facilities for Training of Instructors, (iv) Creation of Post of Training and Placement Officer to facilitate placement of ITI pass-outs and to promote better interaction with industries. (v) Implementation of Government decision to established ITIs at each Taluka and promote womens Participation in C.T.S. training. (vi) Creation of additional Training facilities in the popular trades under Apprentice ship Act, 1961. (vii)Creation of INTERNET facilities to develop better MIS. The Training imparted in ITIs is skill oriented and in order to avoid any mismatch between what is taught and what is needed, a systematic plan to improve upon the existing training system was required to be evolved. Government of India in collaboration with
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World Bank has undertaken Vocational Training Project Phase II for skill development in ITIs and Maharashtra is participating in this project. Every care is therefore, taken to fund adequately every activity covered under this programme. Replacement of deficient equipments in Existing ITIs The ITIs training is need-based and unless it is constantly updated, the same cannot be of any use to the Industrial world. Updating of curriculum results in new requirement of tools and gadgets, shop outfits and machineries. Further normal usage of such tools lead to their wear and tear which ultimately results in the need for new tools. Thus, technological advance, revision of syllabi and normal wear and tear results in deficiency of tools and equipment. Outlay for Tenth Five Year Plan 2002-2007 is Rs.3082.00 lakhs, outlay for Annual Plan 2002-2003 is Rs.786.26 lakhs. Removal of deficiency of staff in existing ITIs. Staff is created in ITIs as per the norms laid down by DGE T in its training manual. The requirements of staff in ITIs are related to its strength and additional staff is required to be created with the increase in intake. However, the required staff is not provided at the time of establishing new ITIs as well as introduction of additional seats. A review of staff position has revealed that teaching as well as non-teaching posts are required to be created immediately. Further to facilitate placement of ITI pass-outs and to promote their better interaction with industries, posts of Training and Placement Officer in each ITI in the State is created. Outlay for Tenth Five Year Plan 2002-2007 and Annual Plan 2002-2003 is Rs. 200.00 lakhs and Rs.10.21 lakhs respectively. Acquisition of Land In order to acquire land for the construction of ITI buildings, an outlay of Rs.100.00 is provided in Tenth Five Year Plan 2002-2007. The outlay for Annual Plan 2002-2003 is Rs.17.06 lakhs. Construction of workshops and Administrative buildings At present, there are 347 Government ITIs out of which 95 institutes have their own buildings and workshops. An outlay of Rs.9273.00 lakhs is provided for Tenth Five Year Plan 2002-2007 and an outlay for Annual Plan 2002-2003 is Rs.4173.59 lakhs. Construction of Staff Quarters As per norms laid down by NCVT 50 percent of the staff is required to be provided with residential facility. The provision of such facility is particularly essential because costly equipment is installed in ITI workshops hence presence of some responsible staff members is essential on the premises. Further ITIs normally work in two shifts and for maintaining punctuality, provision of quarters for some essential staff is of utmost importance. An outlay
of Rs.100.00 lakhs is provided for Tenth Five Year Plan 2002-2007. An outlay for Annual Plan 2002-2003 is Rs.19.49 lakhs. Construction of Hostel Buildings for Trainees The Trainees of ITIs come generally from economically lower strata of the Society. Many of the trainees come from their villages to undertake ITI training and do not find suitable place to reside. NCTVT has also fixed norms according to which 20 percent of the trainees are to be provided with hostel facilities. An outlay of Rs.400.00 lakhs is provided for Tenth Five Year Plan 2002-2007. An outlay for Annual Plan 2002-2003 is Rs.40.79 lakhs. Introduction of additional seats in existing ITIs In order to take proper care of certain skill areas in the context of technological advancement as well as development in other sectors viz: Electronic Industry, creation of TV transmission centres, Refrigeration and Air Conditioning, development of petro-chemical complexes, Plastic technology as also to train manpower in the field of Electronics with particular reference to Computer Service etc., about 50,000 additional seats are to be provided for. An outlay for Tenth Five Year Plan 2002-2007 is Rs. 6735.00 lakhs. An outlay for Annual Plan 2002-2003 is Rs.403.36 lakhs. Establishment of New ITIs In order to reduce flow of unemployed youth to big cities, Government of Maharashtra has decided to provide Vocational Education at Taluka level by establishment of ITI at each Taluka level and to motivate them to start their employment/self-employment venture incommensurate with local needs in rural area with the concept of disposal of industries to cope-up with the local needs and promote self-employment in each sector. An outlay in Tenth Five Year Plan 2002-2007 is Rs.2498.10 lakhs. An outlay for Annual Plan 20022003 is Rs.275.75 lakhs. Introduction of trade of more demand in lieu of trades of less demand For arranging need based training programme and to establish a strong linkage between training and employment opportunities, review of the training courses in different ITIs particularly old ITIs, for starting new trades becomes essential. For introducing popular and upcoming trades in place of trades having less demand an outlay for Tenth Five Year Plan 2002-2007 is Rs.3911.00 lakhs and an outlay for Annual Plan 2002-2003 is Rs.120.87 lakhs. Expansion of Evening Classes for Industrial Workers The scheme for imparting part-time training to industrial workers (evening classes) was initially introduced in the year 1950 in order to improve the theoretical knowledge of the industrial workers who could not get benefit of systematic institutional training. The
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training under this scheme is arranged in the evening and there are 12 such centres. An outlay of Rs.1.50 lakh is provided for Tenth Five Year Plan 2002-2007. Opening of Book Banks Outlay for Tenth Five Year Plan 2002-2007 is Rs.275.00 lakhs. Outlay for Annual Plan 2002-2003 is Rs.52.80 lakhs. Removal of Backlog With a view to remove the remaining financial backlog for construction of Administrative Buildings and workshops under backlog programme, outlay provided for 2002-2003 is Rs.3622.00 lakhs. Apprenticeship Training Programme The Apprenticeship Training Programme is implemented under Apprenticeship Act, 1961 enacted by the Government of India under which training facilities in industrial establishments and manufacturing process are to be utilised for the purpose of training candidates in the skilled and semi-skilled areas. Govt. of India has already designated 128 trades in the various areas such as Engineering, Chemical, Food, Agriculture, Electronics, Textiles, etc. The training programme is divided in 3 phases (1) Basic Training (2) Shop floor Training and (3) Related Instructions. There are 48 Government and 64 private Basic Training and Related Instructions Centres set up so far. The intake capacity of Basic Training is 5921 and Related Instructions is 21,259. In Maharashtra State, 29000 seats are located in 2288 industries and 20900 apprentices are undergoing training at present, in various trades. Large number of chemical industries is coming up in the State and the Basic Training and Related Instruction Centres where the Training is imparted in these trades are not having sufficient tools and equipment for the purpose so also there is deficiency in equipment in printing trade. Facilities in the existing Basic Training and Related Instructions Centres are inadequate. Outlay for Tenth Five Year Plan 2002-2007 is Rs.117.50 lakhs. Outlay for Annual Plan 2002-2003 is Rs.12.14 lakhs. Direction and Administration (State Level) Strengthening of the Directorate of Vocational Education Training, Six Regional Offices, Establishment of Project Management unit in the Directorate. Training activities related to Craftsmen Training and Apprenticeship, etc. have increased tremendously since last 2-3 decades. However, the Directorate is not adequately strengthened. For smooth and effective functioning of the organisation at State Level, continuous evaluation and monitoring is essential, to know any defects in the process and the feed back which enable to take corrective action for maintaining both effectiveness and efficiency. For this purpose the offices of the Director and Regional Deputy Directors are required to be strengthened adequately. An outlay for Tenth Five Year Plan 2002-2007 is Rs.55.00 lakh. An outlay of Rs.11.00 lakh is provided for Annual Plan 2002-2003 is Rs.11.00 lakhs.
Replacement of Worn-out Machine Tools and Modernisation of Equipment in existing ITIs. The machinery which is in use in ITIs, established prior to 1965, has gone old and has lost its accuracy due to normal wear and tear and is not keeping pace with the technological advances which have taken place in last two decades. It is also affecting the training adversely and the training imparted is not as per needs of industrial world. It has, therefore, become a pressing need to undertake programme of replacement of machine tools and equipment and its modernisation. A study undertaken in this regard has revealed that an amount of Rs.1351.40 lakhs will be needed to replace and modernise the machine tools and other equipment in the 32 ITIs established prior to 1969. The programme of modernisation has already been initiated. Outlays for Tenth Five Year Plan 2002-2007 and 2002-2003 is Rs.2187.90 lakhs and238.00 lakhs respectively. Discretionary grants for Minor Works Outlay for Tenth Five Year Plan 2002-2007 is Rs.250.00 and outlay for Annual Plan 2002-2003 is Rs.40.00 lakhs. Instructors Training Programme In the field of Vocational Training updating of skills and knowledge is highly essential to meet the challenge of changing technology and production techniques. Further, in order to develop teaching skill training is essential to teachers. Therefore, one year duration Trade Instructors Training is given through Advanced Training Institutes. Refresher training programme in AVTS/AVIS Centres, special training programme arranged by CSTARI Calcutta, Machine Maintenance Training etc. It is proposed to expose at least 400 instructors every year for short duration (6 to 12 weeks) Programmes. Establishment of Research and Development Cell As far as I.T.I. training is concerned, due to diversified nature of trades, the work related to development of training material, analysis of syllabii preparation of training aids etc. being vast that separate cells for research and development activities and trade testing are essential. Many technical issues and problems arise in daily working. Such issues and problems can be properly tackled through Research and Development Cells. The outlay for ITI in Tenth Five Year Plan 2002-2007 is Rs.30651.00 lakhs and 2002- 2003 is Rs.8913.16 lakhs.. This includes Rs.816.08 lakhs under TSP, Rs.56.66 lakh under SCP & Rs.3622.00 lakh for removal of backlog.
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3.3.3 C Employment Employment Services The Employment Organization deals with rendering of Employment assistance to employment seekers and collection of employment market information which is very useful for manpower planning like starting of training and technical education programme. The outlay in the Tenth Five Year Plan is Rs. 2498.00 lakh and the outlay for 2002-2003 is Rs.212.07 lakh. The important schemes are discussed below: Setting up of Employment Coaching-cum-Guidance Centres in Tribal Areas:At present, in 8 tribal districts such centres are functioning. An outlay of Rs.0.25 lakh is provided for 2001-2002 and Rs.7.26 lakh for Annual Plan 2002-2003 and the outlay for Tenth Five Year Plan 2002-2007 is Rs.282.80 lakh. 3.3.4 D- Special Employment Scheme Sanjay Gandhi Swavalamban Yojana This scheme is in operation since 2nd October 1980 and it gives coverage to both educated and uneducated, unemployed/underemployed persons who are not able to get financial assistance from Banks or other financial institutions because of their inability to provide adequate security or margin for loans. The scheme envisages grant of interest free small loans not exceeding Rs. 2500 to the needy persons so as to enable them to have a gainful employment/ self-employment by setting up their own ventures in small trade / business/ services/ tiny industry etc. An outlay of Rs.1362.00 lakh is provided for Tenth Five Year Plan 2002-2007, out of which Rs.284.57 lakh is for the Annual Plan 20022003. Tribal Sub Plan Under the Labour & Labour Welfare Sector, total Tribal Sub Plan outlay provided for 2002-2003 was Rs.836.41 lakhs and Rs.37.24 lakhs for Annual Plan 2002-2003. Special Component Plan Under the Labour & Labour Welfare Sector, Special Component Plan outlay provided for 2002-2003 was Rs. 156.86 lakhs and Rs.155.16 lakhs for Annual Plan 2002-2003. 3.4 WELFARE MEASURES VOLUNTARY ALL INDIA ORGANIZATION OF EMPLOYERS AWARD All India Organization of Employers, an allied body of FICCI has been serving the cause of Indian enterprises by promoting sound industrial relations and better understanding between employers and workers on the mutuality of interests, for about 75 years AIOE,
which celebrated its Golden Jubilee in 1983, had instituted an award for outstanding contribution in the field of industrial relations. The Award, which is open to companies, will be given for innovative work done in the field of industrial relations. The concept of Outstanding Organisation - Industrial Relations will include innovative approaches to foster harmonious industrial relations through bipartite mechanism, reducing conflicts and Mandays lost and promoting employers welfare and development avenues, contributing to higher motivation, morale and productivity improvement. The quality of industrial relations climate or environment in the place or area in which an establishment operates, will also be a deciding factor while judging the performance. Eligibility for Award, criteria and general guidelines, will be the same as given for FICCI awards. The Award is a plaque with suitable citation. AWARD SPECIFIC INFORMATION OUTSTANDING ORGANISATION - INDUSTRIAL RELATIONS Besides the General Information of the organization, the following Award Specific Information should also be submitted: Nature of Activity-manufacturing, trading, investment, etc. Number of establishments Information about history of the organisation, various stages of its development and evaluation of industrial relations practice over last 10 years. Whether resort is taken to bipartite collective bargaining with properly recognized unions. Number of unions & unionised workforce. No. of Strikes & lockouts and their intensity mandays / manhours lost & production loss during last five years Copy of agreements to indicate whether industrial peace is bought or there is a give & take. Productivity improvement initiatives and result achieved. Latest agreement that the nominee might have entered into with their recognized unions may also be furnished. Welfare measures and training initiatives taken by the company for employees development. Stresses and strains, if any, through which industrial relations have gone at any period during the running of the company. Number of Industrial Disputes pending Information about grievance machinery set up by the management at various levels for redressal of genuine grievances of workers.
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Whether Works Committees have been set up: if so, details about their composition, functioning and settlement of issues referred to it. State of industrial relations in the place/area in which the industrial establishments of the applicant are situated and impact thereof if any, on the industrial relations situation of the company. Voluntary welfare measures initiated by the company. Whether the company has initiated steps towards involving workers in various decision making process. Formal as well as informal forums & number of committees. The system of communication adopted with employees & its relevance in the industrial relations. Record of the company with reference to various clauses of standing orders.
PAST AWARD WINNERS 2004-05 2005-06 2006-07 The Arvind Mills Ltd, Ahmedabad Gujarat Alkalies & Chemicals Ltd, P. O. Petrochemicals, Dist: Vadodara, Gujarat T V Sundaram Iyengar & Sons Ltd, Madurai, Tamil Nadu
STATUATORY WELFARE MEASURES Introduction 3.5 STATUTORY WELFARE After Independence the Government of India passed several acts, e.g., the Factories Act, the Employees State Insurance Act, the Minimum wages Act, the Payment of Wage Act, and the Industrial Dispute Act, to ensure fair deal employees in various aspects of their jobs. We will concern ourselves with the Factories Act and Employees State Insurance Act. An attempt will be made to briefly describe them and then comment on them. The Factories Act 1948 The Factories 1948, was conceived in 1881 when legislation was enacted to protect children and to provide health and safety measures. In 1911, the hours of work were regulated and incorporated in the act. In 1934, following the recommendations of the Royal Commission of Labour, the act was amended. A more comprehensive legislation to regulate working conditions replaced the act in 1948. The 1948 amendment lays down basic minimum requirements for the safety, health and welfare of factory workers. In is applicable to industries and factories in India employing 10 or more persons and using power. Industries and factories not using power but employing 20 or more persons on any day of the preceding 12 months are covered by the act. Mined
and plantations are excluded because they have their own legislations. Although the act is a central legislation, state governments administer and enforce it through their inspectorates. The Factories Act, 1948 comprises 11 chapters and 120 sections with a schedule listing notifiable diseases. Sections 42 to 50 of the Factories Act, 1948 list the statutory welfare measures to be provided for the welfare of its workers. They are as follows: The number mentioned in the left extreme are the actual section number as found in the Act. Section 42. WASHING FACILITIES 1) In every factory (a) adequate and suitable facilities for washing shall be provided and maintained for the use of the workers therein; (b) separate and adequately screened facilities shall be provided for the use of male and female workers; (c) such facilities shall be conveniently accessible and shall be kept clean. (2) The State Government may, in respect of any factory or class or description of factories or of any manufacturing process, prescribe standards of adequate and suitable facilities for washing. Section 43. FACILITIES FOR STORING AND DRYING CLOTHING The State Government may, in respect of any factory or class or description of factories, make rules requiring the provision therein of suitable places for keeping clothing not worn during working hours and for the drying of wet clothing. Section 44. FACILITIES FOR SITTING 1) In every factory suitable arrangements for sitting shall be provided and maintained for all workers obliged to work in a standing position, in order that they may take advantage of any opportunities for rest which may occur in the course of their work. 2) If, in the opinion of the Chief Inspector, the workers in any factory engaged in a particular manufacturing process or working in a particular room are able to do their work efficiently in a sitting position, he may, by order in writing, require the occupier of the factory to provide before a specified date such seating arrangements as may be practicable for all workers so engaged or working. 3) The State Government may, by notification in the Official Gazette, declare that the provisions of sub-section (1) shall not apply to any specified factory or class or description of factories or to any specified manufacturing process.
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Section 45. FIRST AID APPLIANCES 1) There shall in every factory be provided and maintained so as to be readily accessible during all working hours first-aid boxes or cupboards equipped with the prescribed contents, and the number of such boxes or cupboards to be provided and maintained shall not be less than one for every one hundred and fifty workers ordinarily employed at any one time in the factory. 2) Nothing except the prescribed contents shall be kept in a first-aid box or cupboard. 3) Each first-aid box or cupboard shall be kept in the charge of a separate responsible person who holds a certificate in first-aid treatment recognized by State Government and who shall always be readily available during the working hours of the factory. 4) In every factory wherein more than five hundred workers are ordinarily employed there shall be provided and maintained an ambulance room of the prescribed size, containing the prescribed equipment and in the charge of such medical and nursing staff as may be prescribed and those facilities shall always be made readily available during the working hours of the factory. Section 46. CANTEENS 1) The State Government may make rules requiring that in any specified factory wherein more than two hundred and, fifty workers are ordinarily employed, a canteen or canteens shall be provided and maintained by the occupier for the use of the workers. 2) Without prejudice to the generality of the foregoing power, such rules may provide for (a) the date by which such canteen shall be provided; (b) the standards in respect of construction, accommodation, furniture and other equipment of the canteen; (c) the foodstuffs to be served therein and the charges which may be made therefor; (d) the constitution of a managing committee for the canteen and representation of the workers in the management of the canteen; (e) the items of expenditure in the running of the canteen which are not to be taken into account in fixing the cost of foodstuffs and which shall be borne by the employer; (f) the delegation to the Chief Inspector, subject to such conditions as may be prescribed, of the power to make rules under clause (c). Section 47. SHELTERS, REST ROOMS AND LUNCH ROOMS (1) In every factory wherein more than one hundred and fifty workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision for drinking water, where workers can eat meals brought by them, shall be provided and maintained for the use of the workers : Provided that any canteen maintained in accordance with the provisions of section 46 shall be regarded as part of the requirements of this sub-section : Provided further that where a lunch room exists no workers shall eat any food in the work room.
(2) The shelters or rest rooms or lunch rooms to be provided under sub-section (1) shall be sufficiently lighted and ventilated and shall be maintained in a cool and clean condition. (3) The State Government may (a) prescribe the standards in respect of construction, accommodation, furniture and other equipment of shelters, rest rooms and lunch rooms to be provided under this section; (b) by notification in the Official Gazette, exempt any factory or class or description of factories from the requirements of this section. Section 48. CRECHES 1) In every factory wherein more than thirty women workers are ordinarily employed there shall be provided and maintained a suitable room or rooms for the use of children under the age of six years of such women. 2) Such rooms shall provide adequate accommodation, shall be adequately lighted and ventilated, shall be maintained in a clean and sanitary condition and shall be under the charge of women trained in the care of children and infants. 3) The State Government may make rules (a) prescribing the location and the standards in respect of construction, accommodation, furniture and other equipment of rooms to be provided, under this section; (b) requiring the provision in factories to which this section applies of additional facilities for the care of children belonging to women workers, including suitable provision of facilities for washing and changing their clothing; (c) requiring the provision in any factory of free milk or refreshment or both for such children; (d) requiring that facilities shall be given in any factory for the mothers of such children to feed them at the necessary intervals. Section 49. WELFARE OFFICERS 1) In every factory wherein five hundred or more workers are ordinarily employed the occupier shall employ in the factory such number of Welfare officers as may be prescribed. 2) The State Government may prescribe the duties, qualifications and Conditions of service of officers employed under sub-section (1)
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Section 50. POWER TO MAKE RULES TO SUPPLEMENT THIS CHAPTER The State Government may make rules (a) exempting, subject to compliance with such alternative arrangements for the welfare of workers as may be prescribed, any factory or class or description of factories from compliance with any of the provisions of this Chapter; (b) requiring in any factory or class or description of factories that representatives of the workers employed in the factory shall be associated with the management of the welfare arrangements of the workers. 3.6 NON-STATUTORY WELFARE MEASURES As earlier stated, welfare in India can be classified as statutory. Statutory welfare comprises those provisions whose observance is binding on employers by law. These relate to certain essential working conditions and standards of health. Non - statutory welfare, on the other hand, concerns those activities which are undertaken voluntarily by employers, e.g., housing, education, recreation, transportation and cooperatives. 3.6.1 Non-statutory Welfare in Indian Industry: Some Examples Although the variety of non-statutory welfare activities sis large, their effectiveness in achieving productivity is not very well established. Most organizations in India either have contributed money to these activities or have recycled the contributions of workers to maximize welfare programmes for them. We will present examples from them. We will present examples from three organizations-one each from the public sector, the private sector, and a multinational-to indicate the extent of non-statutory welfare provided. Bhilai Steel Plant Non-statutory welfare programmes in the Bhilai steel Plant (BSP) initially emerged because of its geographic location. Housing was the main problem. Though BSP undertook extensive construction programmes, it also provided loans to its employees to construct their own houses. Medical and educational facilities followed. BSP now has a 520-bed hospital with the most modern facilities. Persons suffering from cancer or requiring artificial limbs are sent out to other hospitals with an escort and the expenses are reimbursed. BSP spends Rs 3 crores annually on this operation. There are 40,000 children receiving free education with 1,800 teachers on the roll. Care, scooter, and cycle loans are easily available with long-term interest free payment plans. BSP also supports and Bhilai Cooperatives. It has also initiated a village adaptation scheme. 3.6.2 Comments on Non-Statutory Welfare Although many non-statutory welfare activities either started as paternalism or on account of the aggressiveness of unions in India, the workers and unions today take them very seriously as an important compensation for their work. In some cases they have almost become property rights and any hint of eliminating them causes serious concern and frustration among the workers, often leading to go-slows, gheraos, and strikes. The management, thus, has to be concerned with the efficacy and cost of non-statutory benefits.
Non-statutory welfare activities are more difficult to budget than salary. They often turn out to be more expensive than had been visualized. Under such circumstances, the management becomes extremely critical of this activity. 3.6.3 Non-Statutory Welfare: A Model A new model is suggested to orient non-statutory welfare activities from a different perspective. The purpose is to make such activities more meaningful for organizational productivity. It should be clarified at the outset that management is concerned with productivity and not job satisfaction. A general fallacy is that job satisfaction and productivity are synonymous, or that high job satisfaction will lead to high productivity. Evidence, in fact, points to the contrary. The two are very different and one does not necessarily determine the other. In fact, even the conditions that determine the two are very different and one does not necessarily determine the two are very different. 1. Personal adjustment of worker. 2. Nature of work. 3. Relationship with other workers. 4. Nature of supervision. 5. Companys set up and its relationship with unions. 6. The social status of his job in the community. Productivity, on the other hand, has been found to be determined largely by the quality of be determined largely by the quality of machines and raw materials, R&D, industrial relations, institutional set-up, ability and skills of work force, incentive systems, etc. Individuals are motivated to achieve certain goals which result in satisfaction. Productivity is seldom a goal itself but is more a means to goal attainment. In most cases, productivity and job satisfaction are unrelated except when productivity is perceived as a path to certain important goals. Thus job satisfaction is more broad-based and encompasses various conditions and situations and sometimes productivity it also included in it. However, the bulk of the evidence suggests no relationship between job satisfaction and productivity. Since productivity is of prime concern to an organization, we will deal here with productivity and not with job satisfaction. Publications on non-statutory welfare in Indian industry are meager, hence not mush is known of the expenditure incurred by industries. Most of the data available are an amalgam of the expenses of both statutory and non-statutory welfare activities. The report of the Committee on Labour Welfare cites some figures on the expenditure incurred by various steel plants and railways on non-statutory welfare activities. The major welfare activities of railways are housing, education, co-operatives, and co-operative credit and store. In addition, health resorts and holiday houses are provided.
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Over the last 15 years, starting 1951, the average expenditure on staff welfare has increased from Rs 34 per employee in 1950-51 to Rs 148 per employee in 1966-67. In 1966 - 67. It constituted approximately 0.6 per cent or the total cost of staff for as many as 13.6 lakh employees. In other words, an expenditure of about Rs. 20 crores on non-statutory welfare. Why has such heavy expenditure been incurred on something not directly related to productivity? Goyal suggests that these are investment in men which are expected to bring a change in their attitude, which may in turn be reflected in turnover and absenteeism. They are compensations, or a price to reduce the workers alienation from work. The model that is followed for non-statutory welfare is represented below: Nonstatutory Welfare Company Satisfaction
Productivity
Company satisfaction is a state of positive feeling towards the company, a feeling expressed in loyalty, faith and an attitude that the company is concerned with the welfare of its employees. This maintains that welfare activities will generate company loyalties, and assumes that such allegiance will lead to productivity. It is a paternalistic approach. The non-statutory welfare provisions, thus, are made to generate a pride and satisfaction with the organization, an organization which is generous enough to be concerned with the care and well-being of its employees. Although increased productivity is one of the objectives of non-statutory welfare in Indian industry by and large, the motivation for such measures has been philanthropic; a feeling that workers suffer from poverty and need to be cared for. It is felt that if they are properly looked after they will be loyal to the company. Thus, non-statutory welfare has been perceived to being allegiance to the organization to being allegiance the organization that has bestowed facilities to the employees. The assumption generally has been that increased allegiance and loyalty to the organization will result in high productivity. Even if we assume that there is a high positive correlation between company satisfaction and productivity is not all that obvious. Is satisfaction with the company or company loyalty and allegiance a passport to high productivity? The answer is not very clear cut. Several surveys and studies on the relationship between company satisfaction and productivity have given very inconsistent between the two while others have found some indication of a positive relationship mediated through moderator variables. Thus, in the existing model, through it may be true that non-statutory welfare can lead to high company satisfaction; it is doubtful if high company satisfaction will necessarily
lead to high productivity. Hence, if the concern is with increasing productivity, the existing model has to be modified. The model suggested here reverses the position of productivity and company satisfaction. The new model is represented below:
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Non-statutory welfare
Productivity
Company satisfaction
This model suggests that non-statutory welfare will directly influence productivity. Once this relationship is established, high productivity may lead to high satisfaction. Non-statutory welfare, in addition to providing the usual social benefits, should be linked with such concepts as workers participation and job enrichment. This call for a shift in emphasis. Let an increase in productivity be not the indirect function of welfare but a direct outcome of this measure. The concept of welfare has to be delinked from social service. It has to be broad based to include job contents. Most welfare measures have been concerned with job context activities. If organizations are genuinely interested in the workers welfare, they have to provide meaning in their jobs by increased participation and greater discretion and variety. Despite variations in the interpretation of workers participation, there is consensus that participation means sharing an appropriate manner, the decision-making power with the lower ranks of the organizations. Such a process will elicit greater we feeling and involvement in the work. Thus the worker will be encouraged and be able to contribute to the overall effectiveness of the organization. There are indications of the viability of such a proposition. In a cross cultural study, Holter has reported industrial experiments in USA, UK, and India (Engineering, Coal Mining and Textile Industries, respectively) showing that the democratic sharing of power at the lower grades of industrial, workers can be stable and effective because it furthers the ends of both employees and employers. Job enrichment as a process of making a job more meaningful has caught the attention of a large number of industrial organizations. Job enrichment has the potential to enhance productivity and employee satisfaction if changes in jobs are perceived as opportunities rather than as demands. As a process of making a job more interesting and providing opportunities for achievement and growth, it concerns discretion and contents of the job. Increase in both leads to variety, les, boredom, and less alienation. Experience with this process in both Indian and foreign industries have been very encouraging6. It has shown a definite increase in productivity and employee morale. If the concept of welfare is to be extended to include job content orientations, its viability for increased productivity will be enhanced manifold. On the other hand, its purpose of decreasing alienation both physical and psychological and increasing the general well being of the working population can be more meaningfully achieved.
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3.7 WORK ENVIRONMENT Two important factors have potential to affect the performance of a job: provision of appropriate working conditions and the physical environment? A word of caution is necessary here. When changes are brought about, tow things might happen: there is a changed environment: and there is a response to change in general. The second is often also called the Hawthorne effect. This means that a change in physical working environment brings about a temporary improvement in morale leading to increased productivity. This is a response to change in general and should not take as a response to specific changes. Hence a manager has to be careful in generalizing from the temporary increasing in productivity. An interesting example is seen in the classical Hawthorne experiments conducted in the 1930s in the Western Electric Plant by Roethlisberger and others. One of the two equated groups of workers worked under three different illumination intensities (24; 46 and 70 foot candles), while the other group (control group) worked under a more or less constant illumination level of 16 28 foot candles. The test resulted in very appreciable production increases almost identical in magnitude in both groups. The differences in the efficacy of the two groups were negligible. This was explained in terms of the fact the control group preformed as well as the experimental group because it perceive itself to be the chosen group and the one in which the management was interested. This interpretation was responsible for the development of a favorable attitude and the consequent desire to perform at maximum capacity even in low illumination. Various features of physical environment have been manipulated in both field and laboratory experiences to understand their effect on output. Such physical features as illumination, noise, vibration, colour and music have been experimented with extensively. We will discuss illumination and noise to give an idea of their impact. The discussion will take into account research generalization without going into details of methodology. Illumination daylights is the best illumination for work. In absence of daylight, artificial light is needed. However, if this artificial light does not approximate daylight it might put a severe strain on the eyes. Two characteristics of light have been found to be important-intensity and distribution. The intensity of light should vary according to the nature of the task. Tasks requiring precise manipulation require more intense illumination than tasks involving the manipulation of large objects. Distribution of light is equally important. A situation where illumination covers the total work environment rather than concentrating a single aspect of the work area is better. In the case of the latter, whenever the visual field is shifted to a poorly illuminated surrounding, it dilates the pupils. Excessive papillary activity causes fatigue and eye strain.
Noise is generally considered a destructor. When the noise level is high an employee has to concentrate more or exert greater efforts to perform. Similarly, if the noise is intermittent greater efforts are required unlike in a situation where it is constant. In fact, the constancy of noise reduces its distracting characteristic and the person adapts himself to it more easily. In such cases sudden silence may become more distractive than continuous noise. However, if noise is part of the work it does not affect workers as much as it does when it is extraneous. A typist, for example, may not find the clatter of the typewriter distracting unlike the person sitting next to him. In addition to illumination and noise, such factors as colours, vibrations and music have also been found to affect performance. Whether it is noise or bad illumination, the maintenance of productivity is at the expense of the worker. He must exert additional efforts to maintain his output. Noise and bad illumination, for example, lead to increased muscle tension and metabolic rate. The physiological change brings about accumulation of waste products and depletion of carbohydrate reserves leading to fatigue with a consequent effect on output. The following section will look briefly at fatigue and boredom as effects of increased illumination, noise, vibration, etc. Fatigue and boredom both fatigue and boredom is important phenomena because of their affect on industry. Their effect often becomes apparent in increased spoilage and decreased output in addition to a greater possibility of accidents and high absenteeism. Fatigue is rather complex to understand, particularly because muscular fatigue, which is an effect of prolonged muscular activity, may not correspond with the subjective feeling of fatigue. Thus a person fatigued physiologically may not feel tired and may continue to work and maintain his normal level of productivity because of his strong motivation and desire to complete his work. Conversely, a poorly motivated person may get a subjective feeling of fatigue and his out put may reduce. An age-old method to measure the effect of fatigue is to plot the output curve every half an hour. The curve every half an hour. The curve will show an initial warm up period rising to peak performance and then a steady decline in output suggesting that finally fatigue is setting in. This method is useful where output can be plotted as in piece-rate jobs with countable units. White collar, secretarial, and other jobs do not lend themselves to this analysis. Therefore, the existence of fatigue has to be verified differently. The physiological component of fatigue is usually measured by a device called an ergo graph which consists of a recording system with a cord for suspending weight. Te weight, which can be increased or decreased, is pulled by the individual using one finger. The recording called an ergogram shows the changes in performance. The reduction of fatigue is of extreme practical importance to industry. Several methods have been tested and operated to alleviate fatigue. Since people have different fatigue levels, efforts are made when selecting and place individuals, to minimize fatigue by reducing
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the length of work periods, introducing several rest pauses, job rotation, job enrichment and work teams. Boredom, sometimes referred as mental fatigue refers to the subjective aspect of fatigue. It results when an activity is perceived to be boring, monotonous, repetitive, and not requiring much attention. Boredom is highly specific, unlike fatigue. Fatigue is generalized. A physically tired person will not be able to carry out any other work effectively while a bored person may show tremendous increase in output because of a change of job. The character of the work determines, to a large extent, the feeling of boredom. Less challenging jobs demotivate the individual induce boredom. Some of the measures to reduce boredom have been limited by varied factors such as the level of intelligence, complexity of the task, and the personality of the employee. Extroverts tend to experience boredom more easily because of their dependence on outside stimulation, while older employees and those who prefer regularity in their activities are less bored doing repetitive work. Work that does not provide job satisfaction in most cases has been found to cause boredom. Again, job enrichment, worker participation, job enlargement, etc., are some of the ways to increase both job satisfaction and productivity. 3.7.1 Arousal Hypothesis Variations in performance because of variations in the elements of the work environment, subjective feeling of the work environment, subjective feelings of fatigue and boredom are often explained in terms of an individuals need for stimulation. All living organisms are stimulus-seeking. At the lower levels this tendency is characterized by the desire to reproduce while at the higher levels in the phylogenic scale, it shows no maintenance function. Yet novelty, complexity, change, etc., catch our attention and could our behaviour. Several research studies have shown that living organ isms brought up in enriched, as compared to impoverished environments, show marked changes in abilities and skills. For example, a longitudinal study conducted on the intellectual development of adopted orphans in Beirut showed that while in the orphanage their I.Q. remained at approximately 50 (showing a very show growth rate of intelligence), on adoption by families their intelligence developed at a normal rate. The stimulation by way of attention in adopted homes was found to explain the normal growth of intelligence. In our day-to-day life we find several examples of stimulus-seeking behavior among individuals such as changing the physical arrangements in the house or office, the hippie culture, smoking, and movie-going. An important aspect of this behaviour is that individuals should maintain stimulation or tension within a certain range to function at an optimal level. This range varies from person to person. Some stimulation is necessary but an excess of it causes pain, distraction, demotivation, and a drop in performance. This is shown in the following figure.
As shown in the figure, increasing stimulation leads to increased output, out only up to a point. Beyond this, increase in stimulation lead to decrease in performance. Thus the relationship between performance and stimulation is curvilinear. Changes in working environment can bring about an increase in output if these are carried to an extreme they can influence output negatively. Some illumination, noise, colour, etc., may be good for output but an excess of the same can be good for output but in excess the same can produce negative effects. The explanation is simple. Man wants to control his environments and also the degree of stimulation he is exposed to in this case his work environment, e.g., when this control is out of his hands it is illumination, noise flow of raw material, etc. hardly a source of enjoyment. 3.8 LABOUR WELFARE FUNDS 3.8.1 Tripartite Labour Welfare Fund Advisory Committee With a view to catalyze labour welfare activities, a separate tripartite advisory committee has been constituted by the government both at the Central and State level under each labour welfare fund scheme. At the central level, the scheme is looked after by the union ministry of labour. The state advisory/committee is headed by the concerned State Labour Minister. Most of the welfare activities are organized directly by labour welfare organizations for undertaking welfare work, adequate financial assistance is made available to them and the employers through subsidies Level of assistance The central Government has taken several steps to streamline the various welfare activities with a view to increase their welfare Content and extend their coverage. The report of the task force appointed by the government for looking into the problems of labour welfare was examined by a high level empowered committee. It look a series of decisions for enhancing the scope of welfare activities. One of the important recommendations of the Committee was that the various welfare schemes undertaken against different welfare funds need to be adequately financed by the government. Labour Welfare Facilities under Welfare Funds The annual reports of Ministry of labour have given a detailed account of various labour welfare facilities made available to workers under different welfare funds. A gist of which is discussed here in somewhat detail. (a) Assistance of Medical Facilities: There exist a elaborate system under which a variety of medical facilities are provided to mine workers. (b) Assistance for Educational Facilities: The workers education and training been recognized as one of the key areas of labour welfare. In the changed socioeconomic milieu, in the recent past, the need for effective educational programmes for working class in general and that of women, ST/SC workers in particular, has increased manifold. It is heartening to note that the government has well responded to this need of workers, which obvious from the fact that during 1993 94 as
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much as Rs. 455.99 lakhs were incurred on this head from the labour welfare fund. As a result of this, 1,38,427 beedi, mine and cine workers were benefited. (c) Assistance for Recreational Facilities: With a view to cater recreational requirement of workers, the labour welfare organization provides a variety of recreational and cultural facilities to them through a Multipurpose Institute (MPI) and Development Multipurpose Institute (DMPI) and Welfare Centers. The labour welfare activities undertaken by these institutes include: (1) Education of children and adults. (2) Sports and games for adult and children. (3) Motivation or workers. (4) Mid-day meals to children. (5) Training for female dependants of miners in tailoring and embroidery For the recreation miners and beedi workers during 1922 93, a sum of Rs.11.89 lakhs was incurred on various recreational activities. (d) Assistance for Housing Facility: Under the various welfare programmes, top priority is accorded to housing facilities. Towards this end, the financial assistance is given to workers under all the housing schemes. Besides this, and additional subsidy of Rs. 1700/- is also made available to workers under Build your own house scheme for beedi and mine workers. The workers who have adopted a planned family aso enjoy a corresponding reduction in the loan liability. ILO/UNFPA Assisted Project on Family Welfare Education An ILO/UNFPA assisted project on family welfare education for Beedi workers is under implementation in the major beedi producing, states namely Madhya Pradesh, Uttar Pradesh, Orissa and the West Bengal since February 1992. The main features of project as specified by the annual report of Ministry of Labour 1944 95 are as under. (a) The abject of the project is to educate, motivate and provide health and family welfare services to the Beedi workers and their families through the 58 dispensaries being run in these States under the Beedi Workers Fund. The target is to bring abut improvement in couple protection rate by 25% of the level existing at the start of project and to meet the national goal of 60% protection and net reproduction of one by 2000 AD. (b) Field workers numbering 390, have been selected from amongst the Beedi Workers trained and deployed under the project. Refreshing training has also been imparted to them. Further, 900 TBAS (Training Birth Attendants) have been identified and are being trained. Dispensable delivery kits are being procured from DWACRA (Development of Women and Children in Rural Areas) groups fro supplying to the TBAS have also been trained under the project; health camps are also being organized at the dispensaries. Fifty four Mahila Mandals have been formed at all static and static cum mobile dispensaries. The workers are holding monthly motivational meeting. Along with stress on also been included in the project.
State Welfare fund Scheme Certain state governments have created welfare funds for the benefits of different categories or workers. Group Insurance Scheme of LIC for Unorganized Labour The Life Insurance Corporation of India has implemented a social security scheme for unorganized workers in Twenty three occupations, by creating a social security fund from its contribution and that of Government of India. The occupations which are covered under the scheme are: (1) Beedi Workers (2) Brick Kiln Workers (3) Carpenters (4) Cobblers (5) Fishermen (6) Hemals (7) Handicraft Artisans (8) Handloom Weavers (9) Handloom and Khadi Weavers (10)Lady Tailors (11)Leather and Tannery Workers (12)Physically Handicapped Self-employed Persons (13)Primary Milk Producers (14)Risckshaw Pullers/Auto Drivers. (15)Safai Karmacharis (16)Salt Growers (17)Tendu Leaf Collectors (18)The Urban Poor (19)Forest Workers (20)Sericulture (21)Toddy Tappers (22)Powerloom Workers 3.8.2 Conclusion Prof. Krakaldy observed, The whole field of welfare is one in which much can be done to combat the sense of frustration of the industrial worker, relieve him of personal and family worries, to improve his health, to afford him a means of self-expression, to offer
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him some sphere in which he can excel all others. If within the field of welfare and particularly that part of which comprises sports and games a large measure of self-government can be left to the workers, even in the management of facilities provided by the employer , a sense of responsibility, imitative and co-operation can be fosterd and often among those whose daily tasks afford them the least opportunity of developing characteristics so essential to industrial enterprise and wise citizen. Labour welfare has tremendous potentialities for fostering good industrial relations in India. Hence, we knight use scientific procedures for labour welfare and organization and the labour force must be directed in right channels in our fast developing technological machinery. Ignorance, ill-health and dirt are the three giants labour warfare ahs to fight in the home life, personal life, work life and community life of the workers. They have to be fought our steadily on all sides. In the coming years, the labourers shall be made mightier than the machine with which he works, more fruitful than the dust on which he treads and richer that the earth into which the digs. Decent wages, adequate perquisites, and safe and clean work environment are basic to all other actives in the area of human welfare, and therefore, the enterprises which reduce the wages bill on these counts are sure to lose the goodwill of employees. 3.9 WORKERS EDUCATION AND TRAINING SCHEMES 3.9.1 Workers Education: Concept Workers; education connotes different meanings for different countries on account of developmental, cultural and historical reasons. For instance, in the United States of America, workers education is considered as synonymous with training in trade union leadership whereas the U.K., it covers trade unionism, in general, adult education, and vocational education. In many Western European countries, the term, workers education refers to education in citizenship (folk schools in Denmark, Laven schools in Germany). In developing countries like India, the term, workers education is used in its wider connotation and aims at making the worker a better operative, a better union member and a better citizen. In the words of William Flayed, workers education is an attempt on the part of organized labour to educate its own members under an educational system in which the workers prescribe the courses of instructions, select the teachers and in a considerable measure, furnish the finance. In this context, Florence Peterson observed: The term workers education, as commonly used, is not a generic term but has specific connotation. It is a special kind of adult education designed to give workers a better understanding of their status problems, rights and responsibilities as workers, as union members, as consumers and as citizens.
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On the basis of analysis of various conflicting concepts of workers education, some of its notable features that have been identified are as under: i. The scope of workers education is much wider than that of trade union education but is narrower than that of adult education.
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ii. The workers education is designed to create trade union consciousness among workers, besides making them good citizens and training them to understand their status, rights and responsibilities. iii. In workers education, the workers themselves prescribe the curriculum and select the teachers who have full sympathy with the working class. iv. The institutions providing workers education are owned, financed and managed by the workers. v. It is aimed at increasing the bargaining power of trade unions and making the working class more sensible and cooperative. vi. It differs from vocational and professional education, for its main aim is to train a worker for his group advancement and increasing individual creativity, whereas vocational and professional education aims at individual development. vii. The approach in workers education is psychological and philosophical. viii. It includes general education, vocational education, technical education, social education and training in trade unionism. 3.9.2 Objective of Workers Education The basic objective of workers education is to make the worker an efficient individual, disciplined trade union member and an intelligent corporate citizen, so that he plays a vital role in the socio-economic development of the country. Traditionally, workers education programme can be viewed as one which intends to strive for objectives like: (i) To foster workers loyalty towards the union and imparting the necessary training to them for intelligent and efficient participation in union activities. Besides teaching them trade union dynamics, history etc., which they need to know as trade union members. (ii) To develop the worker for good and respectable civic life. (iii) To promote among workers a greater understanding of the problem of the countrys economic environment and their privileges, rights and obligations as union members and citizens. (iv) To develop trade union leadership from among the rank and file thereby keeping the union away from the clutches of politicians, leading to democratization of trade union administration. (v) To familiarize the workers with the capitalist culture and philosophy this is the soul of modern industrial system. (vi) To inculcate among workers a better understanding of their duties responsibilities and intricacies of work, so that they can effectively carry out their jobs.
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(vii)To enable the worker to realize the purpose of human life and raise him to the height of achievement. (viii)To equip organized labour to take its place in a democratic society so that it plays a dominant role in the process of economic development and fulfils effectively its social and economic functions and responsibilities. In the view of National Commission on Labour, workers education should make a worker. (a) A responsibly committed and disciplined operative; (b) To understand the basic economic and technical aspects of the industry and the plant where he is employed so that he can take an intelligent interest in its affairs; (c) Aware of his rights and obligations; (d) To understand the organization and functioning of the union as well as develop qualities of leadership, loyalty and devotion to trade unionism, so that he may intelligently participate in the affairs of his union; (e) To lead a clean and healthy life based on a firm ethical foundation; and (f) To make the worker responsible and alert citizen. 3.9.3 Techniques of Workers Education The workers education programmes may be organized in the industry premises itself. The workers may also be given practical training in the field. The extension work too, may form a part of the programme of workers education. The techniques employed in imparting workers education are: (i) General lectures, delivered in simple, direct and unambiguous language; (ii) Discussions on the topics/issues involved; (iii) Organization of study groups; and (iv) Correspondence course. Besides, these modern teaching methods are also deployed and for this purpose, a number of educational aids can be used-video tapes, films, film strips, recordings, pictorial charts, flash cards, posters, graphs, maps and diagrams, wall newspapers, etc. The demonstrations, talks, tests, seminars, debates, role-playing, symposia, case studies and two-way communication methods are also encouraged. The educational visits and study tours of the trainees to union offices, factories and multipurpose projects are important aspects of workers education. 3.9.4 Workers Education in India In India, where the level of general education is low and trade unions suffer from a number of maladies, the scope for workers education is very great. The maintenance of
industrial peace and harmony, the development of healthy labour management relations, quality of citizenship, awareness of ones rights and responsibilities, and the need for the development of solidarity among workers these call for a varied programme of workers education which the resources at the disposal of the trade unions cannot undertake. These qualities on the part of the workers would be forthcoming more easily if they are made better workers and better citizens through a programme of workers education. The Royal Commission on Labour remarked thus; In India, nearly the whole mass of industrial labour is illiterate, a state of affairs which is unknown in any other country of industrial importance. It is almost impossible to overestimate the consequences of this disability, which are obvious in wages, in health, in productivity, in organization and in several other directions. Modern machine industry depends in a peculiar degree on education, and the attempt to build it up with an illiterate body of workers must be difficult and perilous. We would emphasize the fact that precisely because of this; the education of industrial labour should receive special attention. 3.9.5 The Scheme for Workers Education The Workers Education Scheme was launched in 1958 by the Central Board of Workers Education (CBWE). The Board is a tripartite body registered under the Societies Registration Act, 1860, which consists of a Chairman (nominated by the Government), representatives of the Central and State Governments, representatives of the Central Trade Unions and the employers organizations, representatives of University Grants Commission Indian adult education association and one independent trade unionist nominated by the Ministry of Labour and Employment. The total number of members does not exceed 20. At present, the board consist of one Chairman, one ex-office secretary and 14 members. The board has a network of 48 regional centers located in for zones, with offices at Bombay, Calcutta, Delhi and Madras, and 14 sub-regional centers located in different parts of the country. For each regional centre, a regional advisory committee has been constituted to review the progress of the scheme in the region to suggest measures for the proper implementation of the programme and to guide the centre. The board aims at: (i) Inculcating among all sections of workers a sense of patriotism, national integrity, secularism and pride in being an Indian; (ii) Equipping them for their intelligent participation in social and economic development: (iii) Developing among them the Nation First approach; and (iv) Instilling in them greater understanding of the problem of their social and economic environment, their rights and obligations as citizens, as workers in industry and responsibility towards family members. The board also aims at developing among workers a sense of responsibility so that they can shoulder responsibility of trade union leadership.
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3.9.6 Three Levels of Workers Education The workers education programme operates at three level: 1. The National Level: It is the top most level of workers education. At this level, Education Officers are trained. The participants for the programme are selected by C.B.W.E. and are trained at a central place by the Board officials. 2. The Regional Level: The regional level programmes are aimed at imparting necessary training to selected workers. The workers so educated are known as workers teacher. 3. The Unit/Village Level: This is the final stage of the programme. The workers teachers on completion of their training return to their work place and conducts programme for rank and file of workers at their respective units. (1) The National Level It is the most important level of the workers education programme, as it aims at the education of members of central trade union organizations and federations, preemployment training of educational officers (also known as teacher administrators) and refresher courses for board officials. The prospective educational officers are directly selected from the open market. Generally, persons with the masters degree in economics, commerce or education with three years of work experience in the field of human resources management, are chosen for the task. They are given six months intensive training before being placed on the job in different regional centres. The training staff includes union leaders, employers representatives, educationists, administrators and the like. These officials in turn after the successful completion of their training courses are posted at regional centres on the basis of their regional linguistic proficiency. With each batch of education officers, to be trained, generally its boards practice to include a fair number of trade union workers from central organizations, so that the trainers may be acquainted with trade union problems. The union problems. The union nominees also get the facilities to widen their interests and add theoretical knowledge to their practical background. (2) The Regional Level The board through a network of 48 regional centres and 14 sub-regional centres conducts this programme. At the regional level worker teachers are trained, who in turn educate the rank and file worker at the unit/village level. The regional level activities are monitored by the four zonal offices located at Delhi, Calcutta, Madras, and Bombay. For each regional centre, there is an advisory committee which reviews its progress of the scheme and recommends measures for its effective working. The worker-teachers form a very strong link between the education officers and workers at the unit level. The education officers, on completion of their training, are posted to different centres and are entrusted with the training of prospective teachers from
among the workers in a full-time training course of three months duration in batches of about 25-30 persons. These selected workers are known as worker-teachers. they are selected by the local committee and by the director of regional centres from various industrial units and workshops in the region and are sponsored by their respective employers or trade unions. These selected workers deputed for training by the employers are considered to be on duty and are paid their usual wages and allowance. (3) The Unit Level The third level in the programme of the workers education scheme relates to the training of rank-and-file workers by the specially trained worker-teachers at the unit level. The workers so trained at the regional level revert to their places of employment and conduct programmes at the unit level, largely after working hours. The regional centres closely supervise the work at different units and assist and guide worker teachers in conducting their classes efficiently and smoothly. Since no hard and fast rules have been framed for the selection of workers for classes at the unit level, worker-teachers have to exercise their discretion while selecting the workers. As most of the workers are illiterate, there is no hard and fast rule for their selection for the course. Generally, preference is given to workers having some educational background. Further, workers in the age group of 24-45 years of age are given priority. The selection of the workers for the course is exclusively prerogative of worker-teachers as they have close association with the units of workers. The worker-teachers conduct three months part-time course for workers at the unit level, besides three weeks full-time course in those units which deputes workers for the course. The syllabus for the course is trade union-oriented and covers subjects; workers and trade unions, workers and industry, worker, his family and his country etc. The honorarium for the worker-teachers are decided and revised by the board. At the unit level, the management usually provides facilities of accommodations, furniture, etc. Some of the organizations also give 45 minutes time-off to workers to enable them to attend classes. Every trainee at the unit level who puts in more than 90 per cent attendance and takes keen interest in training is awarded a certificate by the regional centre after the successful completion of training. 3.9.7 Special Category Programmes Besides the aforesaid three levels of workers education, a host of special educational programmes are also organized for the benefit of workers. Against of such programmes is discussed here in some detail: 3.9.7.1 Programme for Women Workers With the Governments increased emphasis on the betterment of women workers, the board has started a separate programme for them. During 1986-1987, 62 women worker-teachers, 448 women workers at the unit level, 29 women worker teachers in
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refresher courses, 24,616 in rural programmes, 4, 350 in the unorganized sector and 156 stone quarry workers have been trained. A special cell, for the training of women workers was set up at the Indian Institute of Workers Education (Bombay) in November 1991. For the training of women workers, a modular syllabus for advanced training and special training material has been prepared. During 1993-94, under the programme, 70, 004 women workers have been trained. 3.9.7.2 Programme for Unorganized Workers For the education of unorganized workers, a programme was started way back on October 1, 1979. This programme is basically meant for the workers of handlooms, power looms, khadi and village industries, industrial estates, SSI, sericulture, coir and beedi industries. The programme is generally of five days duration and is conducted at the regional/ sub-regional or semi-urban areas. During the period between January and December, 1994, the board conducted 244 five-day programmes in which 9,675 women workers participated. 3.9.7.3 Programme for Rural Workers In 1977-78, the board launched a pilot project for the education of rural workers. It intends to create awareness among rural workers about their soci-economic environment the need for developing their organization and the benefit available under the various credit schemes. The C.B.W.E has developed this programme keeping in view the needs of workers, especially in the field of industrial health, safety and environment. These programmes cover landless labour, agricultural workers, rural artisans, forest workers and unemployed workers in rural areas. As a part of nations effort to increase the literacy of workers, especially among women and persons belonging to ST/SC and other educationally backward classes. The programme includes. (1) One months training course for rural educators. (2) Five-day training programme for rural volunteers. (3) Two-day non-residential awareness camps at the village level. In the programme, selected workers are trained at the regional and sub-regional centres by worker-teachers in full-time continuous training courses of three months duration. These worker-teachers conduct classes for the workers at the unit level. During the period between January and December 1994, the board trained 241 rural educators in 12 courses, 8,322 rural volunteers in 248 camps and 1, 00, 999 workers in 2,579 awareness camps. 3.9.7.4 Functional Adult Literacy Programme The C.B.W.E. also conducts special programmes of functional literacy for workers engaged in plantation and mines, where the level of literacy level is exceptionally low, During January, December 1994 in 385 sessions, 9,098 workers were trained.
3.9.7.5 Training for Workers of Weaker Sections This programme is aimed at the training workers of weaker sections. For the purpose, the board organizes five-day tailor-made programme for the functional and educational needs of special categories of workers such as women workers, handicapped workers, young workers, rickshaw drivers, hand/load drivers, construction and civil and sanitation workers. Between January/December 1994 in 62 five/day camps, 2,433 workers were trained. 3.9.7.6 Leadership Development Courses The board also organizes leadership development courses to equip the trade union activities with the necessary knowledge, understanding and skills of leadership to enable them to function effectively and also to participate in different programmes at community and enterprise levels. This scheme was started during Sixth Plan between January /October 1993, in 112 programmes organized in which were 2,433 workers participated. 3.10 WORKERS TRAINING: CONCEPT In India, there is an acute shortage of skilled and trained workers for a number of industrial occupations and a majority of workers suffer from low efficiency, which necessarily means that the rate of skill formulation has been low. Besides, factors like social attitude to industrial work, differentials between the income of skilled and unskilled workers, and the training and educational facilities available in the country, the educational system has been responsible for this state of affairs. To bring about any change in these is an uphill task. But for rapid industrial development, the provision of training facilities for workers is the need of hour. This training pre/supposes a sound bases of universal literacy, proper planning and utilization of trained personnel, and properly and designed training programmes. Needless to say, training leads to efficiency and increased productivity, less waste, reduced supervision, higher employee earnings, reduced accidents, increased organizational stability and flexibility, heightened moral and vertical job mobility. Various schemes of vocational training and apprentice ship were in operation such as: (a) The apprenticeship and higher training in railway workshops, a technical school and the staff college for the railways; (b) The well/defined apprenticeship schemes in Sone Valley Portland Cement Company; the Assam Oil Company; the Tata Oil Mills Co., the Tata iron and Steel Company, the Tinplate Company of India and some engineering works in Bombay, Bengal, U.P. and Punjab. (c) The training was also organized in the dockyards at Bombay and Calcutta Port Trusts, and port workshops at Calcutta, Madras and Vishakapatnam and some municipalities; and
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(d) In several unorganized industries, such as carpet weaving, bidi and cigar-making, and mica-splitting, training was provided to working children in the process of getting help from them. On the basis of the recommendations of the Committee, the government constituted in 1957 the National Council for Training in Vocational Trades (NCTVT), consisting of representatives of employers, employees, technical institutions, representatives of the Central and State Governments and labour, and sought advice on all aspects of vocational training and correlating training facilities with the requirements of industry. The NCTVT is assisted by a member of trade committees, separately for each of the 40 engineering and 27 nonengineering trades. These committees advise the NCTVT on matters relating to the standard of teaching the quality of instruction and on the problems relating to each specific trade. 3.10.1 Training Schemes of DGET To build up the career of young persons and to supply a constant stream of trained personnel to industries, the Director-General of Employment and Training (DGET) has designed a number of training programmes. A few important programmes are: (1) Craftsmens Training Programme. (2) Craft Instructors Training. (3) Advanced Vocational Training. (4) Foremans Training. (5) Apprenticeship Training Scheme. (6) Part-Time Training for Industrial Workers, and (7) Vocational Training Programme for Women. 3.10.1.1 Craftsmens Training The DGET has set up industrial Training Institutes and Centres (ITIs/ITCs) to provide training to those young men and women who are in the age group of 14 to 25 years. By Oct, 1993 there were 2,651 such institutes with an intake capacity of 3.98 lakh workers which are permanently or provisionally affiliated to the National Council for Vocational Training (NCVT) that impart training in 41 engineering and 22 non-engineering trades. The modular ITIs (MITIs) at Haldwani (U.P.), Calicut (Kerala), Jodhpur (Rajasthan) and Choudwar (Orissa) have been setup by the Government to organize craftsmen training on a modular basis. Besides the courses in these trades, shot-term courses are also conducted by ITIs in some States and Union Territories. There are six modular training institute. They also advise Government on the standards and norms of training, prescribe curriculum, trade testing and certification. The period of training varies from one to two years. The entry qualifications vary from VIII standard pass to XII standard depending on trade. The
training is provided either free or on a nominal tuition fee. Every trainee is provided a stipend of Rs. 40 per month besides free workshop clothings, hostel accommodation and medical facilities. Up to July 31, 1992, the total number of ITIs where such training is provided were 1,028 with an intake capacity of 3,97,716. 3.10.1 2 Craft Instructors Training Six training institutes, each located at Bombay, Calcutta, Hyderabad, Kanpur, Ludhiana and Central Training Institute at madras train craft instructors required by it is and apprenticetraining establishments. In 1982 these were upgraded to Advanced Training Institute (ATI), which impart one-year comprehensive training both in skill development and principles of training. The modular pattern of training for craft instructors is being imparted at C.T.I., Madras and A.T.I., Hyderabad. The trades in which training is imparted is like this, for printing trades ATI, Kanpur. Farm mechanics at ATI, Ludhiana, millwright trade at ATI, Kanpur, Howrah and Ludhiana and at ATI, Bombay, chemicals and weaving. As on October 93, the total intake capacity of all these centres is 1,115. During period expired on October, there was full utilization of capacity. 3.10.1 3 Advanced Vocational Training This scheme was started in October 1977 to provide training to highly-skilled workers and technicians in a variety of advanced and sophisticated skills not available under the vocational training programme. This scheme was undertaken with the assistance of UNDP/ I.L.O. under which six ATIs of State Governments were modernized. The advanced skill training courses are offered at 6 ATIs located at Bombay, Kanpur, Calcutta, Hyderabad, Ludhiana and Madras and at 16 selected it is located at Ambattar, Bangalore, Vadodara, Dhanbad, Durgapur, Faridabad, Gauhati, Jabalpur, Jammu, Jodhpur, Kalamassery, Meerut, Patiala, Pune, Rai Bareilly and Vishakhapatnam under 15 State Governments. These institutes were modernized to conduct various advanced courses under the scheme. About 10,000 workers are trained every year. The Advanced Training Institute at Madras serves as an apex institute. In 1974, an advanced training institute for electronics and process instrumentation was established in Hyderabad to train highly skilled technicians in such fields as consumer/industrial/medical electronics. Since 1981, two advanced training institutes have been working in the field of electronics and process instrumentation at Dehradun and Hyderabad. In order to meet the requirements of technical workers in hitech areas, a NC/CNC training centre was established at ATI, Madras, with the assistance of UNDP/ILO. Looking to the success of ATI, Madras, one centre each at Bombay and Kanpur is being set up. under the World Bank vocational Training Project, 33 it is of different States and UTs have been covered. Till September 1993, in 6 ATIs, as many as 59,600 industrial workers/ technicians have been trained.
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Evolution of Vocational Training Scheme

1941 War Technician Training Scheme. Training Institutes for Women at Mumbai and Bangalore Model Industrial Training Institute at Haldwani and Calicut; Advanced Training Institute for Electronics and Process Instrumentation, Dehradun. Foremen Training Institute at Jamshedpur, Model Industrial Training Institute at Jodhpur and Chowdwar. Regional Vocational Training Institute for Women, Trivandrum; Regional Directorate of Apprenticeship Training. Hyderabad. Regional Directorate of Apprenticeship Training at Fariadbad. Apprentices (Amendment) Bill, 1986, (passed by both Houses of Parliament) for 10+2 Vocational Stream Students as Technician (Vocational) Apprentices. Apprentices Amendment Act 1986 for 10+2 Vocational Stream came into force on 16.12.1987. RVTIs for Women at Hissar, Calcutta, Tura, (Meghalaya). Central Instructional Media Institute at Madras. Central Population Education Cell at DGE & T Headquarters.
1945 Training Scheme for Ex-Servicemen. 1981
Scheme 1948 Training Instructors
for
Craft 1982
1950 Craftsmen Training Scheme.
1983
1958 Evening Classes Workers.
for
Industrial 1985
1959 national Apprenticeship Scheme 1986 (Voluntary now discontinued)
1961 Apprentices Act, 1961 (passed by Parliament). 1963 Implementation of the Apprentices 1987 Act.
mechanization Training 1965 Mine Scheme Supervisory Training Scheme. 1967 Part-time Training of Industrial Workers (Modified). 1968 Central Staff Training and Research Institute, Howrah; Advanced Training Institute, Madras, All India Skill Competition for Apprentices. of Training 1971 Diversification Programmes, Training in the trades of Chemical and Hotel Catering; Part time Training of Industrial Workers
1987
1987 1988
Project 1989 Central Implementation Unit at D.G.E. & T. Headquarters for Vocational Training
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Vocational 1972 Apprentices (Amendment) Bill 1971 1992 Regional (passed by Rajya Sabha); Pre-release Training Institute for training of other ranks in Indian Women at Indore & Army in Industrial Training Allahabad. Institutes. 1974 Advanced Training Institute for 1992 Apex Hi-Tech Institute at Bangalore. Electronics and Process Instrumentation. Hyderabad, Apprentices Act as amended came into force w.e.f.01.12.1974 Vocational Training 1993 RVTI Vadodara; 1977 Advanced Scheme; National Vocational Sanctioned RVTI Jaipur. Training Institute Women, New Delhi; and Regional Vocational Training Institutes for Women at Bombay and Bangalore.
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3.10.1 4 Supervisors/Foremens Training The supervisors/foremen are the frontline managers, hence, they are of paramount importance due to their unique position in the organizational hierarchy. In India, for the training of foremen, two institutes are functioning, one at Bangalore (1971) and another at Jamshedpur (1986). Here training is provided to existing and potential foremen in technical and managerial skills, besides routine matters pertaining to manpower management. In the programme both tailor-made and general programmes of both short and long term duration are organized. Generally, industries sponsor their candidates for the long courses on the modular pattern. The short-term courses are of one to twelve weeks duration, whereas long-term courses are of two years duration, which are of three types: (i) Diploma in foremanship for NAC/NTC candidates. (ii) Post-Diploma in foremanship for fresh diploma-holders and (iii) Post diploma in foremanship (maintenance, engineering) for fresh diploma holders. Since its inception to October 1993, about 15,202 foremen have been trained in long-term and shout-term courses. 3.10.1 5 Apprenticeship Training Scheme Under the apprentices Act, 1961, it is obligatory on the part of the employer to engage apprentices in certain trades. The apprentice training consists of basic training in the specific filed, followed by shop-floor training. The training of graduates and diplomaholders in engineering/technology as graduate technical apprentices was brought under the purview of the amended Apprenticeship Act of 1973. The scheme is implemented by D.G.E.T. with the assistance of six regional directorates of apprenticeship training (RDATs) located at Calcutta, Bombay, Madras, Kanpur, Hyderabad and Faridabad. The State
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Governments and UT administrators are responsible for implementing the scheme in the respective departments, P.S.Us and private undertakings. The duration of training for trade apprentices varies from six months to four years, depending on the requirements of trade. The educational qualifications for apprentices vary from 8th pass or equivalent to higher secondary, P.U.C. or equivalent. Till October 1993, the numbers of trades covered under the Act were 147, the number of industries having the scheme was 6,158, the seats located were 43,100 and the numbers of seats utilized were 20,976 only. The syllabi for training under the Apprenticeship Act, 1961 are periodically reviewed by the trade committees keeping in view the technological requirement of industry. The apprentices receive a stipend varying between Rs. 460 and Rs. 1,120/- per month, depending on their skill and programme undertaken. As on 30th June, 1993, there were 20,976 graduates and technician apprentices undergoing training, out of which 5,114 belonged to weaker sections of society, namely, SC-1217, ST-258, minorities 1,270, women 2,317 and physically-handicapped 52. 3.10.1 6 Part-Time Training for Industrial Workers The scheme for imparting part-time training was introduced in 1958 with a view to improve knowledge and skill of workers who did not have the benefit of systematic training in institutes. Under the scheme, the workers, irrespective of their age but with two years of work experience, are sponsored by their employers for the course. The duration of training is of two years and it is organized during evening hours. The training programme is conducted at the Central Training Institute of Madras, 5 ATIs and various ITIs. 3.10.1.7 Vocational Training Programme for Women A special project for the development of women workers was undertaken by the Government in 1977 with the assistance the Swedish International Development Authority (SIDA) and Implemented through the ILO. The basic objectives of this project is to assess the training needs of women workers, both in urban and rural areas and to upgrade the Central Training Institute for Women Instructors, New Delhi into the National Vocational Training Institute (NVTI) for women. 3.11 EVALUATION OF THE TRAINING SCHEMES The study group of the National Commission on Labour has made many observations on the working of the various training schemes for workers. Some of the important ones are: (a) Substantial training capacities have remained unutilized. (b) No new trades have been added. (c) The training programmes do not take into account local and regional needs.
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(d) Three has not been adequate expansion in some trades in which there has been a persistent shortage. (e) The selection of trainees is made by inexperienced and non-technical persons and considerations other than the suitability of the candidates become important. (f) Many instructors do not have any experience of working conditions and production techniques in industry. (g) The quality of training is poor, which may be due to lack of counseling arrangements. (h) The training provided does not conform to the needs of industries and the rapid expansion of the training programme. QUESTIONS FOR DISCUSSION 1. Explain the concept of Labour Welfare 2. What are the thrust areas of Labour training ? 3. List a few of the special welfare schemes for Labour initiated by the Government of India 4. Explain the statutory welfare measures which an Industry is bound to provide to labour under the Factories Act, 1948 5. What are the Labour Welfare Facilities under Welfare Funds ? 6. What are the objectives and techniques of labour education ? 7. Enumerate some special category programmes for the workers of India 8. Explain the training schemes offered to labour under the Director-General of Employment and Training (DGET) 9. What is the commentary given by the study group of the National Commission of Labour (NCL) on the Evaluation of the training schemes ?
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UNIT IV
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INDUSTRIAL SAFETY
Learning Objectives After going though this unit you should be in a position to explain the following terminologies: Industrial Safety Safety Organization Safety Committees Statutory Safety Provisions Statutory Health Measures Hazardous Processes Hazardous Occupations Appraisal Committees Occupational Health Notifiable Diseases Psychological Counselling Industrial Safety 4.1 INTRODUCTION Industrial accidents are mainly due to human failure somewhere in the claim of circumstances which lead to injury, we find the human factor. Specialist sections of management engineers, electricians, designers, work study officers are often lacking in an appreciation of the need to apply the principles of accident prevention to their work. Unsafe method accounts for a very high proportion of accidents. Therefore safety must be an integral part of any industrial undertaking; it must be built in at the design stage, in production planning and in operator training. The challenge of true of mind by efficient and regular safety training for all levels of management and worker. The aim must be to make every individual in industry have more regard not only for his own personal safety, but also for the safety of others.
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4.2 FEATURES OF SAFETY ORGANIZATION Many persons influence safety directly. The chief executive, production managers, maintenance personnel or industrial relations employees. The plant physician the supervisor and production employee can affect safety qualitatively. Factors that govern plant safety effectiveness included choice of equipment, procedures and materials; budgets, the selection of personnel, the kind of leadership provided, and the work habits of the individual. When a safety specialist is employed to direct the plant safety programme his function usually is to assist line managers to control the safety of their operations. Ordinarily he does not assure any management prerogative but, develops information and materials which enable managers to optimize the chemical Industry are: A. Management participation safety programme. (Declaration of company safety policy) B. Supervisory responsibility for employee safety. (Each member of the supervisory staff is held responsible for safety). C. Assignment of staff functions to safety personnel. a. Safety department, safety engineer of other designated personnel given recognition and responsibility b. Duties include correlation of accident prevention activities, promoting the safety programme. D. Provision for safe working conditions, building and equipment c. Establishment of engineering standards. d. Review of plans for new processes or equipment from safety and fie protection engineering point of view. e. Industrial hygiene surveys to evaluation potential chemical exposure hazards. Safety education and safety training f. Education of supervisory personnel to assist them in carrying out their assigned safety responsibilities. g. Employee education (New employee safety induction programmes) h. Development of safety consciousness in all employees (use of bulletins, posters, films, and other visual aids). Safety department should have a reasonable Central Location near the dispensary if possible, and with sufficient space available to provide for group meetings. Facilities must be available for strong and displaying samples of safety equipment, posters, safepractice references, equipment catalogs and for the necessary records, files and charts of the department. 4.3 SAFETY COMMITTEES A safety committee or group of plant committees is common to many plant safety organizations. They are subject to the usual problems of committee operation. When safety
committees are established they require executive initiative. The committee size should be kept small for effective work but large enough to include all involved in plaints operation. Co-ordination of the committee activities, encouragement of their effectiveness, and provision of assistance in their studies are leading functions of chief executive of safety. 4.4 ACCIDENT PREVENTION PROGRAMME Basic steps in safety Programme In industries, many plans, some of them far reaching, have been formulated for the prevention of accidents. Some of the useful plans are based on fundamental principles which start with simple steps undertaken usually in the following order. (1) Obtain co-operation of plant manager: The managers desire for safety achievement must be clearly visible through his action to achieve it. (2) Obtain co-operation of other Heads of Departments: The other heads of departments must make safety an integral part of the operating organization. (3) Analyze Accident records: Accident reports for the past year or two should be analyzed to earn, if possible, the how, who, where, when and why of each accident. (4) Hold meetings of Operation Executives: All supervisors, sectional heads and operating heads should than be summoned to a general meeting presided by chief of safety. (5) Organize Education Work Formulate a programme to maintain interest and supply information on safety to management supervisors and workers. 4.5 ROLE OF SAFETY DIRECTOR One man must be responsible for development and codification of safety information, counseling managers on safety implementation methods, and developing progress measurement data in every plant regardless of its size or the type of safety organization. He may be called safety engineer, safety specialist, safety inspector, safety manger of safety director. The chief operating executive in effect directs the plant safety effort. A safety directors actual position in the plant organization varies with the general organization of the individual plant. The following are general functions performed by the safety director whether he is a line executive or head of a separate department. 4.6 STATUTORY SAFETY PROVISIONS The statutory safety provisions as applicable to factories in India are found in sections 21 through 40 of the Factories Act, 1948. A detailed version of each of these sections are listed below. The number mentioned in the right hand extreme refers to the actual number of section as found in the Act.
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Section 21. FENCING OF MACHINERY (1) In every factory the following, namely, (i) every moving part of a prime mover and every flywheel connected to a prime mover, whether the prime mover or flywheel is in the engine house or not; (ii) the headrace and tailrace of every water-wheel and water turbine; (iii) any part of a stock-bar which projects beyond the head stock of a lathe; and (iv) unless they are in such position or of such construction as to be safe to every person employed in the factory as they would be if they were securely fenced, the following, namely a. every part of an electric generator, a motor or rotary converter; b. every part of transmission machinery; and c. every dangerous part of any other machinery shall be securely fenced by safeguards of substantial construction which shall be constantly maintained and kept in position while the parts of machinery they are fencing are in motion or in use: Provided that for the purpose of determining whether any part of machinery is in such position or is of such construction as to be safe as aforesaid, account shall not be taken of any occasion when (i) it is necessary to make an examination of any part of the machinery aforesaid while it is in motion or, as a result of such examination, to carry out lubrication or other adjusting operation while the machinery is in motion, being an examination or operation which it is necessary to be carried out while that part of the machinery is in motion, or
(ii) in the case of any part of a transmission machinery used in such process as may be prescribed (being a process of a continuous nature the carrying on of which shall be, or is likely to be, substantially interfered with by the stoppage of that part of the machinery), it is necessary to make an examination of such part of the machinery while it is in motion or, as a result of such examination, to carry out any mounting or shipping of belts or lubrication or other adjusting operation while the machinery is in motion, and such examination or operation is made or carried out in accordance with the provisions of sub-section (1) of section 22. 2. The State Government may by rules prescribe such further precautions as it may consider necessary in respect of any particular machinery or part thereof, or exempt, subject to such condition as may be prescribed, for securing the safety of the workers, any particular machinery or part thereof from the provisions of this section.
Section 22. WORK ON OR NEAR MACHINERY IN MOTION 1. Where in any factory it becomes necessary to examine any part of machinery referred to in section 21, while the machinery is in motion, or, as a result of such examination, to carry out
122
a. in a case referred to in clause (i) of the proviso to sub-section (1) of section 21, lubrication or other adjusting operation; or b. in a case referred to in clause (ii) of the proviso aforesaid, any mounting or shipping of belts or lubrication or other adjusting operation, while the machinery is in motion such examination or operation shall be made or carried out only by a specially trained adult male worker wearing tight fitting clothing (which shall be supplied by the occupier) whose name has been recorded in the register prescribed in this behalf and who has been furnished with a certificate of his appointment, and while he is so engaged, - (a) such worker shall not handle a belt at a moving pulley unless (i) the belt is not more than fifteen centimeters in width; (ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or balance wheel (in which case a belt is not permissible); (iii) the belt joint is either laced or flush with the belt; (iv) the belt, including the joint and the pulley rim, are in good repair; (v) there is reasonable clearance between the pulley and any fixed plant or structure; (vi) secure foothold and, where necessary, secure handhold, are provided for the operator; and (vii)any ladder in use for carrying out any examination or operation aforesaid is securely fixed or lashed or is firmly held by a second person. b. without prejudice to any other provision of this Act relating to the fencing of machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel or pinion, and all spur, worm and other toothed or friction gearing in motion with which such worker would otherwise be liable to come into contact, shall be securely fenced to prevent such contact. 2. No woman or young person shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman or young person to risk of injury from any moving part either of that machine or of any adjacent machinery. The State Government may, by notification in the official. Gazette, prohibit, in any specified factory or class or description of factories, the cleaning, lubricating or adjusting by any person of specified parts of machinery when those parts are in motion.
NOTES
3.
Section 23. EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS MACHINES 1. No young person shall be required or allowed to work at any machine to which this section applies, unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed and a. has received sufficient training in work at the machine, or
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b. is under adequate supervision by a person who has a thorough knowledge and experience of the machine. (2) Sub-section (1) shall apply to such machines as may be prescribed by the State Government, being machines which in its opinion are of such a dangerous character that young persons ought not to work at them unless the foregoing requirements are complied with. Section 24. SELF-ACTING MACHINES No traversing part of a self-acting machine in any factory and no material carried thereon shall, if the space over which it runs is a space over which any person is liable to pass, whether in the course of his employment or otherwise, be allowed to run on its outward or inward traverse within a distance of forty-five centimeters from any fixed structure which is not part of the machine: Provided that the Chief Inspector may permit the continued use of a machine installed before the commencement of this Act which does not comply with the requirements of this section on such conditions for ensuring safety as he may think fit to impose. Section 25. CASING OF NEW MACHINERY 1. In all machinery driven by power and installed in any factory after the commencement of this Act, a. every set screw, bolt or key on any revolving shaft, spindle, wheel pinion shall be so sunk, encased or otherwise effectively guarded as to prevent danger; b. all spur, worm and other toothed or friction gearing which does not require frequent adjustment while in motion shall be completely encased, unless it is so situated as to be as safe as it would be if it were completely encased. 2. Whoever sells or lets on hire or, as agent of a seller or hirer, causes or procures to be sold on let or hire, for use in a factory any machinery driven by power which does not comply with the provisions of Sub-section (1) or any rules made under sub-section (3), shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. 3. The State Government may make rules specifying further safeguards to be provided in respect of any other dangerous part of any particular machine or class or description of machines. Section 26. PROHIBITION OF EMPLOYMENT OF WOMEN AND CHILDREN NEAR COTTON-OPENERS No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work. Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated.
Section 27. HOISTS AND LIFTS (1) In every factory (a) every hoist and lift shall be (i) of good mechanical construction, sound material and adequate strength; (ii) properly maintained, and shall be thoroughly examined by a competent person at least once in every period of six months, and a register shall be kept containing the prescribed particulars of every such examination; b. every hoist way and lift way shall be sufficiently protected by an enclosure fitted with gates, and the hoist or lift and every such enclosure shall be so constructed as to prevent any person or thing from being trapped between any part of the hoist or lift and any fixed structure or moving part; c. the maximum safe working load shall be plainly marked on every hoist or lift, and no load greater than such load shall be carried thereon; d. the cage of every hoist or lift used for carrying persons shall be fitted with a gate on each side from which access is afforded to a landing; e. every gate referred to in clause (b) or clause (a) shall be fitted with interlocking or other efficient device to secure that the gate cannot be opened except when the cage is at the landing and that the cage cannot be moved unless the gate is closed. (2) The following additional requirements shall apply to hoists and lifts used for carrying persons and installed or reconstructed in a factory after the commencement of this Act, namely : (a) where the cage is supported by rope or chain, there shall be at least two ropes or chains separately connected with the cage and balance weight, and each rope or chain with its attachments shall be capable of carrying the whole weight of the cage together with its maximum load; b. efficient devices shall be provided and maintained capable of supporting the cage together with its maximum load in the event of breakage of the ropes, chains or attachments; c. an efficient automatic device shall be provided and maintained to prevent the cage from over-running. 3. The Chief Inspector may permit the continued use of a hoist or lift installed in a factory before the commencement of this Act which does not fully comply with the provisions of sub-section (1) upon such conditions for ensuring safety as he may think fit to impose. 4. The State Government may, if in respect of any class or description of hoist or lift, it is of opinion that it would be unreasonable to enforce any requirement of sub-sections. (1) and (2), by order direct that such requirement shall not apply to such class or description of hoist or lift.
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Explanation : For the purposes of this section, no lifting machine or appliance shall be deemed to be a hoist or lift unless it has a platform or cage, the direction or movement of which is restricted by a guide or guides. Section 28. LIFTING MACHINES, CHAINS, ROPES AND LIFTING TACKLES 1. In any factory the following provisions shall be complied with in respect of every lifting machine (other than a hoist and lift) and every chain, rope and lifting tackle for the purpose of raising or lowering persons, goods or materials :b. all parts, including the working gear, whether fixed or movable, of every lifting machine and every chain, rope or lifting tackle shall be (i) of good construction, sound material and adequate strength and free rom defects; (ii) properly maintained; and (iii) thoroughly examined by a competent person at least once in every period of twelve months, or at such intervals as the Chief Inspector may specify in writing, and a register shall be kept containing the prescribed particulars of every such examination; b. no lifting machine and no chain, rope or lifting tackle shall, except for the purpose of test, be loaded beyond the safe working load which shall be plainly marked thereon together with an identification mark and duly entered in the prescribed register, and where this is not practicable, a table showing the safe working loads of every kind and size of lifting machine or, chain, rope or lifting tackle in use shall be displayed in prominent positions on the premises; c. while any person is employed or working on or near the wheel track of a travelling crane in any place where he would be liable to be struck by the crane, effective measures shall be taken to ensure that the crane does not approach within [lra-66 six metres lra-66 ] of that place. 2. The State Government may make rules in respect of any lifting machine or any chain, rope or lifting tackle used in factories a. prescribing further requirements to be complied with in addition to those set out in this section; b. providing for exemption from compliance with all or any of the requirements of this section, where in its opinion, such compliance is unnecessary or impracticable. 3. For the purposes of this section a lifting machine or a chain, rope or lifting tackle shall be deemed to have been thoroughly examined if a visual examination supplemented, if necessary, by other means and by the dismantling of parts of the gear, has been carried out as carefully as the conditions permit in order to arrive at a reliable conclusion as to the safety of the parts examined. Explanation : In this section, a. lifting machine means a crane, crab, winch, toggle, pulley block, gin wheel, transporter or runway; b. lifting tackle means any chain, sling, rope sling, hook, shackle, swivel, coupling, socket, clamp, tray or similar appliance, whether fixed or movable, used in connection with the raising or lowering of persons, or loads by use of lifting machines.
Section 29. REVOLVING MACHINERY 1. In every factory in which the process of grinding is carried on there shall be permanently affixed to or placed near each machine in use a notice indicating the maximum safe working peripheral speed of every grindstone or abrasive wheel, the speed of the shaft or spindle upon which the wheel is mounted, and the diameter of the pulley upon such shaft or spindle necessary to secure such safe working peripheral speed. 2. The speeds indicated in notices under sub-section (1) shall not be exceeded. 3. Effective measures shall be taken in every factory to ensure that the safe working peripheral speed of every revolving vessel, cage, basket, flywheel, pulley, disc or similar appliance driven by power is not exceeded. Section 30. PRESSURE PLANT 1. If in any factory, any plant or machinery or any part thereof is operated at a pressure above atmospheric pressure, effective measures shall be taken to ensure that the safe working pressure of such plant or machinery or part is not exceeded. 2. The State Government may make rules providing for the examination and testing of any plant or machinery such as is referred to in sub-section (1) and prescribing such other safety measures in relation thereto as may in its opinion be necessary in any factory or class or description of factories. 3. The State Government may, by rules, exempt, subject to such conditions as may be specified therein, any part of any plant or machinery referred to in sub-section (1) from the provisions of this section Section 31. FLOORS, STAIRS AND MEANS OF ACCESS In every factory i. all floors, steps, stairs, passages and gangways shall be of sound construction and properly maintained and shall be kept free from obstructions and substances likely to cause persons to slip, and where it is necessary to ensure safety, steps, stairs, passages and gangways shall be provided with substantial handrails; ii. there shall, so far as is reasonably practicable, be provided and maintained safe means of access to every place at which any person is at any time required to work. iii. when any person has to work at a height from where he is likely to fall, provision shall be made, so far as is reasonably practicable, by fencing or otherwise, to ensure the safety of the person so working. Section 32. PITS, SUMPS, OPENINGS IN FLOORS, ETC. 1. In every factory fixed vessel, sump, tank, pit or opening in the ground or in a floor which, by reasons of its depth, situation, construction or contents, is or may be a source of danger, shall be either securely covered or securely fenced.
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2. The State Government may, by order in writing, exempt, subject to such conditions as may be prescribed, any factory or class or description of factories in respect of any vessel, sump, tank, pit or opening from compliance with the provisions of this section. Section 33. EXCESSIVE WEIGHTS 1. No person shall be employed in any factory to lift, carry or move any load so heavy as to be likely to cause him injury. 2. The State Government may make rules prescribing the maximum weights which may be lifted, carried or moved by adult men, adult women, adolescents and children employed in factories or in any class or description of factories or in carrying on any specified process. Section 34. PROTECTION OF EYES In respect of any such manufacturing process carried on in any factory as may be prescribed, being a process which involves a. risk of injury to the eyes from particles or fragments thrown off in the course of the process, or b. risk to the eyes by reason of exposure to excessive light, the State Government may by rules require that effective screens or suitable goggles shall be provided for the protection of persons employed on, or in the immediate vicinity of, the process. Section 35. PRECAUTIONS AGAINST DANGEROUS FUMES, GASES, ETC. 1. No person shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or other confined space in any factory in which any gas, fume, vapour or dust is likely to be present to such an extent as to involve risk to persons being overcome thereby, unless it is provided with a manhole of adequate size or other effective means of egress. 2. No person shall be required or allowed to enter any confined space as is referred to in sub-section (1), until all practicable measures have been taken to remove any gas, fume, vapour or dust, which may be present so as to bring its level within the permissible limits and to prevent any ingress of such gas, fume, vapour or dust and unless a. a certificate in writing has been given by a competent person, based on a test carried out by himself that the space is reasonably free from dangerous gas, fume, vapour or dust; or b. such person is wearing suitable breathing apparatus and a belt securely attached to a rope the free end of which is held by a person outside the confined space.
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Section 36 A. PRECAUTIONS REGARDING THE USE OF PORTABLE ELECTRIC LIGHT In any factory a. no portable electric light or any other electric appliance of voltage exceeding twenty-four volts shall be permitted for use inside any chamber, tank, vat, pit, pipe, flue or other confined space unless adequate safety devices are provided; and b. if any inflammable gas, fume or dust is likely to be present in such chamber, tank, vat, pit, pipe, flue or other confined space, no lamp or light other than that of flame-proof construction shall be permitted to be used therein. Section 37. EXPLOSIVE OR INFLAMMABLE DUST, GAS, ETC 1. Where in any factory any manufacturing process produces dust, gas, fume or vapour of such character and to such extent as to be likely to explode to ignition, all practicable measures shall be taken to prevent any such explosion by a. effective enclosure of the plant or machinery used in the process; b. removal or prevention of the accumulation of such dust, gas, fume or vapour; c. exclusion or effective enclosure of all possible sources of ignition. 2. Where in any factory the plant or machinery used in a process such as is referred to in sub-section (1) is not so constructed as to withstand the probable pressure which such an explosion as aforesaid would produce, all practicable measures shall be taken to restrict the spread and effects of the explosion by the provisions in the plant or machinery of chokes, baffles, vents or other effective appliances. 3. Where any part of the plant or machinery in a factory contains any explosive or inflammable gas or vapour under pressure greater than atmospheric pressure, that part shall not be opened except in accordance with the following provisions, namely :a. before the fastening of any joint of any pipe connected with the part of the fastening of the cover of any opening into the part is loosened, any flow of the gas or vapour into the part of any such pipe shall be effectively stopped by a stop valve or other means; b. before any such fastening as aforesaid is removed, all practicable measures shall be taken to reduce the pressure of the gas or vapour in the part or pipe to atmospheric pressure; c. where any such fastening as aforesaid has been loosened or removed effective measures shall be taken to prevent any explosive or inflammable gas or vapour from entering the part of pipe until the fastening has been secured, or, as the case may be, securely replaced : Provided that the provisions of this sub-section shall not apply in the case of plant or machinery installed in the open air. 4. No plant, tank or vessel which contains or has contained any explosive or inflammable substance shall be subjected in any factory to any welding, brazing, soldering or cutting
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operation which involves the application of heat unless adequate measures have first been taken to remove such substance and any fumes arising therefrom or to render such substance and fumes non-explosive or non-inflammable, and no such substance shall be allowed to enter such plant, tank or vessel after any such operation until the metal has cooled sufficiently to prevent any risk of igniting the substance. 5. The State Government may by rules exempt, subject to such conditions as may be prescribed, any factory or class or description of factories from compliance with all or any of the provisions of this section. Section 38. PRECAUTIONS IN CASE OF FIRE (1) In every factory, all practicable measures shall be taken to prevent outbreak of fire and its spread, both internally and externally, and to provide and maintain a. safe means of escape for all persons in the event of a fire, b. the necessary equipment and facilities for extinguishing fire. (2) Effective measures shall be taken to ensure that in every factory all the workers are familiar with the means of escape in case of fire and have been adequately trained in the routine to be followed in such cases. (3) The State Government may make rules, in respect of any factory or class or description of factories, requiring the measures to be adopted to give effect to the provisions of sub-sections (1) and (2). (4) Notwithstanding anything contained in clause (a) of sub-section (1) or sub-section (2), if the Chief Inspector, having regard to the nature of the work carried on in any factory, the construction of such factory, special risk to life or safety, or any other circumstances, is of the opinion that the measures provided in the factory, whether as prescribed or not, for the purposes of clause (a) of sub-section (1) or sub-section (2), are inadequate, he may, by, order in writing, require that such additional measures as he may consider reasonable and necessary, be provided in the factory before such date as is specified in the order. Section 39. POWER TO REQUIRE SPECIFICATIONS OF DEFECTIVE PARTS OR TESTS OF STABILITY If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it may be dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing requiring him before a specified date a. to furnish such drawings, specifications and other particulars as may be necessary to determine whether such building, ways, machinery or plant can be used with safety, or b. to carry out such test in such manner as may be specified in the order, and to inform the Inspector of the results thereof.
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Section 40. SAFETY OF BUILDINGS AND MACHINERY (1) If it appears to the Inspector that any building or part of a building or any part of the ways, machinery or plant in a factory is in such a condition that it is dangerous to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be adopted, and requiring them to be carried out before a specified date. (2) If it appears to the Inspector that the use of any building or part of a building or any part of the ways, machinery or plant in a factory involves imminent danger to human life or safety, he may serve on the occupier or manager or both of the factory an order in writing prohibiting its use until it has been properly repaired or altered. Section 40 A. MAINTENANCE OF BUILDINGS If it appears to the Inspector that any building or part of a building in a factory is in such a state of disrepair as is likely to lead to conditions detrimental to the health and welfare of the workers, he may serve on the occupier or manager or both of the factory an order in writing specifying the measures which in his opinion should be taken and requiring the same to be carried out before such date as is specified in the order. Section 40 B. SAFETY OFFICERS (1) In every factory, (i) wherein one thousand or more workers are ordinarily employed, or (ii) wherein, in the opinion of the State Government, any manufacturing process or operation is carried on, which process or operation involves any risk of bodily injury, poisoning or disease, or any other hazard to health, to the persons employed in the factory, the occupier shall, if so required by the State Government by notification in the Official Gazette, employ such number of Safety Officers as may be specified in that notification. (2) The duties, qualifications and conditions of service of Safety Officers shall be such as may be prescribed by the State Government. Section 41. POWERS TO MAKE RULE TO SUPPLEMENT THIS CHAPTER The State Government may make rules requiring the provision in any factory or in any class or description of factories of such further devices and measures for securing the safety of persons employed therein as it may deem necessary. 4.7 WORKERS HEALTH 4.7.1 Statutory Health Measures The Factories Act, 1948 comprises 11 chapters and 120 sections with a schedule listing notifiable diseases. Sections 11 to 20 of The Factories Act, 1948 list the Statutory Health measures to be provided for its workers. They are as follows: The number mentioned in the left extreme are the actual section number as found in the Act.
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Section 11. CLEANLINESS (2) Every factory shall be kept clean and free from effluvia arising from any drain, privy or other, nuisance, and in particular a. accumulations of dirt and refuse shall be removed daily by sweeping or by any other effective method from the floors and benches of workrooms and from staircases and passages, and disposed of in a suitable manner; b. the floor of every workroom shall be cleaned at least once in every week by washing, using disinfectant, where necessary, or by some other effective method; c. where a floor is liable to become wet in the course of any manufacturing process to such extent as is capable of being drained, effective means of drainage shall be provided and maintained; d. all inside walls and partitions, all ceilings or tops of rooms and all walls, sides and tops of passages and staircases shall - (i) where they are painted otherwise than with washable water-paint or varnished, be repainted or revarnished least once in every period of five years; e. where they are painted with washable water paint, be repainted with at least one coat of such paint at least once in every period of three years and washed at least once in every period of six months; (ii) where they are painted or varnished or where they have smooth impervious surfaces, be cleaned at least once in every period of fourteen months by such method as may be prescribed; (iii) in any other case, be kept whitewashed or colourwashed, and the whitewashing or colourwashing shall be carried out at least once in every period of fourteen months; (dd) all doors and window frames and other wooden or metallic frame work and shutters shall be kept painted or varnished and the painting or varnishing shall be carried out at least once in every period of five years; (e) the dates on which the processes required by clause (d) are carried out shall be entered in the prescribed register. (2) If, in view of the nature of the operations carried on in a factory or class or description of factories or any part of a factory or class or description of factories, it is not possible for the occupier to comply with all or any of the provisions of sub-section (1), the State Government may by order exempt such factory or class or description of factories or part from any of the provisions of that sub-section and specify alternative methods for keeping the factory in a clean state. Section 12. DISPOSAL OF WASTES AND EFFLUENTS (1) Effective arrangements shall be made in every factory for the treatment of wastes and effluents due to the manufacturing process carried on therein, so as to render them innocuous, and for their disposal.
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(2) The State Government may make rules prescribing the arrangements to be made under sub-section (1) or requiring that the arrangements made in accordance with sub-section (1) shall be approved by such authority as may be prescribed Section 13. VENTILATION AND TEMPERATURE Effective and suitable provision shall be made in every factory for securing and maintaining in every workroom (a) adequate ventilation by the circulation of fresh air, and (b) such a temperature as will secure to workers therein reasonable conditions of comfort and prevent injury to health; and in particular, (ii) walls and roofs shall be of such material and so designed that such temperature shall not be exceeded but kept as low as practicable; (iii) where the nature of the work carried on in the factory involves, or is likely to involve, the production of excessively high temperatures such adequate measures as are practicable shall be taken to protect the workers therefrom, by separating the process which produces such temperatures from the workroom, by insulating the hot parts or by other effective means. (2) The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or description of factories or parts thereof and direct that [ lra-48 proper measuring instruments, at such places and in such position as may be specified, shall be provided and such records, as may be prescribed, shall be maintained; (3) If it appears to the Chief Inspector that excessively high temperatures in any factory can be reduced by the adoption of suitable measures, he may, without prejudice to the rules made under sub-section (2), serve on the occupier, an order in writing specifying the measures which, in his opinion, should be adopted, and requiring them to be carried out before a specified date. Section 14. DUST AND FUME (1) In every factory in which, by reason of the manufacturing process carried on, there is given off any dust or fume or other impurity of such a nature and to such an extent as is likely to be injurious or offensive to the workers employed therein, or any dust in substantial quantities, effective measures shall be taken to prevent its inhalation and accumulation in any workroom, and if any exhaust appliance is necessary for this purpose, it shall be applied as near as possible to the point of origin of the dust, fume or other impurity, and such point shall be enclosed so far as possible. (2) In any factory no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air, and no other internal combustion engine shall be operated in any room unless effective measures have been taken to prevent such accumulation of fumes therefrom as are likely to be injurious to workers employed in the room.
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Section 15. ARTIFICIAL HUMIDIFICATION In respect of all factories in which the humidity of the air is artificially increased, the State Government may make rules, (a) prescribing standards of humidification; (b) regulating the methods used for artificially increasing the humidity of the air, (c) directing prescribed tests for determining the humidity of the air to be correctly carried out and recorded; (d) prescribing methods to be adopted for securing adequate ventilation and cooling of the air in the workrooms. (2) In any factory in which the humidity of the air is artificially increased, the water used for the purpose shall be taken from a public supply, or other source of drinking water, or shall be effectively purified before it is so used. (3) If it appears to an Inspector that the water used in a factory for increasing humidity which is required to be effectively purified under sub-section (2) is not effectively purified he may serve on the manager of the factory an order in writing, specifying the measures which in his opinion should be adopted, and requiring them to be carried out before specified date. Section 16. OVERCROWDING (1) No room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein. (2) Without prejudice to the generality of sub-section (1), there shall be in every workroom of a factory in existence on the date of the commencement of this Act at least 9.9 cubic metres and of a factory built after the commencement of this Act at least 14.2 cubic metres or space for every worker employed therein, and for the purposes of this subsection no account shall be taken of any space which is more than 4.2 metres above the level of the floor of the room. (3) If the Chief Inspector by order in writing so requires, there shall be posted in each workroom of a factory a notice specifying the maximum number of workers who may, in compliance with the provisions of this section, be employed in the room. (4) The Chief Inspector may by order in writing exempt, subject to such conditions, if any, as he may think fit to impose, any workroom from the provisions of this section, if he is satisfied that compliance therewith in respect of the room is unnecessary in the interest of the health of the workers employed therein. Section 17. LIGHTING (1) In every part of a factory where workers are working or passing there shall be provided and maintained sufficient and suitable lighting, natural or artificial, or both.
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(2) In every factory all glazed windows and skylights used for the lighting of the workroom shall be kept clean on both the inner and outer surfaces and, so far as compliance with the provisions of any rules made, under sub-section (3) of section 13 will allow, free from obstruction. (3) In every factory effective provision shall, so far as is practicable, be made for the prevention of (a) glare, either directly from a source of light or by reflection from a smooth or polished surface; (b) b) the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker. (4) The State Government may prescribe standards of sufficient and suitable lighting for factories or for any class or description of factories or for any manufacturing process. Section 18. DRINKING WATER (1) In every factory effective arrangements shall be made to provide and maintain at suitable points conveniently situated for all workers employed therein a sufficient supply of wholesome drinking water. (2) All such points shall be legibly marked drinking water in a language understood by a majority of the workers employed in the factory, and no such point shall be situated within six metres of any washing place, urinal, latrine, spittoon, open drain carrying sullage or effluent or any other source of contamination unless a shorter distance is approved in writing by the Chief Inspector. (3) In every factory wherein more than two hundred and fifty workers are ordinarily employed, provisions shall be made for cooling drinking water during hot weather by effective means and for distribution thereof. (4) In respect of all factories or any class or description of factories the State Government may make rules for securing compliance with the provisions of sub-sections (1), (2) and (3) and for the examination by prescribed authorities of the supply and distribution of drinking water in factories. Section 19. LATRINES AND URINALS (1) In every factory (a) sufficient latrine and urinal accommodation of prescribed types shall be provided conveniently situated and accessible to workers at all times while they are at the factory; (b) separate enclosed accommodation shall be provided for male and female workers; (c) such accommodation shall be adequately lighted and ventilated, and no latrine or urinal shall, unless specially exempted in writing by the Chief Inspector, communicate with any workroom except through an intervening open space or ventilated passage; (d) all such accommodation shall be maintained in a clean and sanitary condition at all times;
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(e) sweepers shall be employed whose primary duty it would be to keep clean latrines, urinals and washing places. (2) In every factory wherein more than two hundred and fifty workers are ordinarily employed (a) all latrine and urinal accommodation shall be of prescribed sanitary types; (b) the floors and internal walls, up to a height of ninety centimeters, of the latrines and urinals and the sanitary blocks shall be laid in glazed titles or otherwise finished to provide a smooth polished impervious surface; (c) without prejudice to the provisions of clauses (d) and (e) of sub-section (1), the floors, portions of the walls and blocks so laid or finished and the sanitary pans of latrines and urinals shall be thoroughly washed and cleaned at least once in every seven days with suitable detergents or disinfectants or with both. (3) The State Government may prescribe the number of latrines and urinals to be provided in any factory in proportion to the numbers of male and female workers ordinarily employed therein, and provide for such further matters in respect of sanitation in factories, including the obligation of workers in this regard, as it considers necessary in the interest of the health of the workers employed therein. Section 20. SPITTOONS (1) In every factory there shall be provided a sufficient number of spittoons in convenient places and they shall be maintained in a clean and hygienic condition. (2) The State Government may make rules prescribing the type and the number of spittoons to be provided and their location in any factory and provide for such further matters relating to their maintenance in a clean and hygienic condition. (3) No person shall spit within the premises of a factory except in the spittoons provided for the purpose and a notice containing this provision and the penalty for its violation shall be prominently displayed at suitable places in the premises. (4) Whoever spits in contravention of sub-section (3) shall be punishable with fine not exceeding five rupees. 4.8 HAZARDOUS PROCESSES The constitution of Hazardous process is given in The Schedule which forms part of the Factories Act, 1948. This schedule is divided into two parts, namely Part A and Part B which are given below: THE SCHEDULE PART A Hazardous Occupations Any occupation concerned with: 1. Transport of passengers, goods or mails by railways;
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2. Cinder picking, clearing of an ash pit or building operation in the railway premises; 3. Work in a catering establishment at a railway station, involving the movement of a vendor or any other employee of the establishment from the one platform to another or in to or out of a moving train; 4. Work relating to the construction of a railway station or with any other work where such work is done in close proximity to or between the railway lines; 5. A port authority within the limits of any port; 6. Work relating to selling of crackers and fireworks in shops with temporary licenses; 7. Abattoirs/Slaughter House; 8. Automobile workshops and garages; 9. Foundries; 10. Handling of toxic or inflammable substances or explosives; 11. Handloom and power loom industry; 12. Mines (underground and under water) and collieries; 13. Plastic units and fiberglass workshops; 14. Domestic workers or servants and 15. Dhabas (roadside eateries), restaurants, hotels, motels, tea shops, resorts, spas or other recreational centers. PART B INDUSTRIES WHEREIN THE MANUFACTURING PROCESS ARE HAZARDOUS 1. Beedi - making. 2. Carpet - weaving. 3. Cement manufacture, including bagging of cement. 4. Cloth printing, dyeing and weaving. 5. Manufacture of matches, explosives and fireworks. 6. Mica - cutting and splitting. 7. Shellac manufacture. 8. Soap manufacture. 9. Tanning. 10. Wool - cleaning. 11. Building and construction industry. 12. Manufacture of slate pencils (including packing). 13. Manufacture of products from agate.
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14. Manufacturing processes using toxic metals and substances such as lead, mercury, manganese, chromium, cadmium, benzene, pesticides and asbestos. 15. hazardous Process as defined in section 2 (cb) and dangerous Operations as noticed in rules made under section 87 of the Factories Act, 1948 (63 of 1948) 16. Printing as defined in Section 2(k)(vi) of the Factories Act, 1948 (63 of 1948) 17. Cashew and cashew nut descaling and processing. 18. Soldering processes in electronic industries. 19. 19.Aggarbatti manufacturing. 20. Automobile repairs and maintenance including processes incidental 21. thereto namely, welding, lathe work, dent beating and painting. 22. Brick kilns and Roof tiles units. 23. Cotton ginning and processing and production of hosiery goods. 24. Detergent manufacturing. 25. Fabrication workshops (ferrous and non ferrous) 26. Gem cutting and polishing. 27. Handling of chromite and manganese ores. 28. Jute textile manufacture and coir making. 29. Lime Kilns and Manufacture of Lime. 30. Lock Making. 31. Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized or zinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint, burning of lead in enameling workshops, lead mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing. 32. Manufacture of cement pipes, cement products and other related work. 33. Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and other similar glass products. 34. Manufacture of dyes and dye stuff. 35. Manufacturing or handling of pesticides and insecticides. 36. Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry. 37. Manufacturing of burning coal and coal briquettes. 38. Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather. 39. Moulding and processing of fiberglass and plastic.
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40. Oil expelling and refinery. 41. Paper making. 42. Potteries and ceramic industry. 43. Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms. 44. Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting. 45. Saw mill all processes. 46. Sericulture processing. 47. Skinning, dyeing and processes for manufacturing of leather and leather products. 48. Stone breaking and stone crushing. 49. Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form. 50. Tyre making, repairing, re-treading and graphite benefaction. 51. Utensils making, polishing and metal buffing. 52. Zari making (all processes). 53. Electroplating; 54. Graphite powdering and incidental processing; 55. Grinding or glazing of metals; 56. Diamond cutting and polishing; 57. Extraction of slate from mines; 58. Rag picking and scavenging. List of Industries involving hazardous processes as defined u/s 2(cb) Of the Factories Act, 1948 1. Ferrous Metallurgical Industries 1.1. Integrated Iron and Steel 1.2 Ferrow-alloys 1.3 Special Steels 2. Non-ferrous metallurgical Industries 2.1 Primary Metallurgical Industries, namely, zinc, lead, copper, manganese and aluminium 3. Foundries (ferrous and non-ferrous) 3.1 Castings and forging including cleaning or smoothening/roughening by sand and shot blasting 4. Coal (including coke) industries 4.1 Coal, Lignite, Coke, etc.
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4.2 Fuel Gases (including Coal Gas, Producer Gas, Water Gas) 5. 6. 7. Power Generating Industries Pulp and paper (including paper products) industries Fertilizer Industries 7.1 Nitrogenous 7.2 Phosphatic 7.3 Mixed 8. 9. Cement Industries 8.1 Portland Cement (including slag cement, puzzolona cement and their products) Petroleum Industries 9.1 Oil Refining 9.2 Lubricating Oils and Greases 10 Petro-chemical Industries 11 Drugs and Pharmaceutical Industries 11.1 Narcotics, Drugs and Pharmaceuticals 12 Fermentation Industries (Distilleries and Breweries) 13 Rubber (Synthetic) Industries 14 Paints and Pigment Industries 15 Leather Tanning Industries 16 Electro-plating Industries 17 Chemical Industries 17.1 Coke Oven by-products and Coaltar Distillation products 17.2 Industrial Gases (nitrogen, oxygen, acetylene, argon, carbon dioxide, hydrogen, sulphur dioxide, nitrous oxide, halogenated hydrocarbon, ozone, etc.) 17.3 Industrial Carbon 17.4 Alkalies and Acids 17.5 Chromates and dichromates 17.6 Leads and its compounds 17.7 Electrochemicals (metallic sodium, potassium and magnesium, chlorates, perchlorates and peroxides) 17.8 Electrothermal produces (artificial abrasive, calcium carbide) 17.9 Nitrogenous compounds (cyanides, cyanamides and other nitrogenous compounds) 17.10Phosphorous and its compounds
18 19 20 21 22 23 24 25 26 27 28
17.11 Halogens and Halogenated compounds (Chlorine, Flourine, Bromine and Iodine 17.12 Explosives (including industrial explosives and detonators and fuses) Insecticides, Fungicides, Herbicides and other Pesticides Industries Synthetic Resin and plastics Man-made Fibre (Cellulosic and non-cellulosic) Industry Manufacture and repair of electrical accumulators Glass and Ceramics Grinding or glaxing of metals Manufacture, handling and processing of asbestos and its products Extraction of oils and fats from vegetable and animal sources Manufacture, handling and use of benzene and substances containing benzene Manufacturing processes and operations involving carbon disulphide Dyes and Dyestuff including their intermediates
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29 Highly flammable liquids and gases 4.9 STATUTORY REQUIREMENTS FOR HAZARDOUS MANUFACTURING PROCESS Where in a factory a manufacturing process of hazardous nature is carried on, the factory shall compulsorily comply with sections 41A through 41H of the Factories Act, 1948. These sections are as follows: Section 41A. CONSTITUTION OF SITE APPRAISAL COMMITTEES (1) The State Government may, for purposes of advising it to consider applications for grant of permission for the initial location of a factory involving a hazardous process or for the expansion of any such factory, appoint a Site Appraisal Committee consisting of (a) the Chief Inspector of the State who shall be its Chairman; (b) a representative of the Central Board for the Prevention and Control of Water Pollution appointed by the Central Government under section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (c) a representative of the Central Board for the Prevention and Control of Air Pollution referred to in section 3 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (d) a representative of the State Board appointed under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (e) a representative of the State Board for the Prevention and Control of Air Pollution referred to in section 5 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981); (f) a representative of the Department of Environment in the State;
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(g) a representative of the Meteorological Department of the Government of India; (h) an expert in the field of occupational health; and (i) a representative of the Town Planning Department of the State Government, and not more than five other members who may be co-opted by the State Government who shall be - (i) a scientist having specialised knowledge of the hazardous process which will be involved in the factory, (ii) a representative of the local authority within whose jurisdiction the factory is to be established, and (iii) not more than three other persons as deemed fit by the State Government. (2) The Site Appraisal Committee shall examine an application for the establishment of a factory involving hazardous process and make its recommendation to the State Government within a period of ninety days of the receipt of such applications in the prescribed form. (3) Where any process relates to a factory owned or controlled by the Central Government or to a corporation or a company owned or controlled by the Central Government, the State Government shall co-opt in the Site Appraisal Committee a representative nominated by the Central Government as a member of that Committee. (4) The Site Appraisal Committee shall have power to call for any information from the person making an application for the establishment or expansion of a factory involving a hazardous process. (5) Where the State Government has granted approval to an application for the establishment or expansion of a factory involving hazardous process, it shall not be necessary for an applicant to obtain a further approval from the Central Board or the State Board established under the Water (Prevention and Control of Pollution) Act 1974 (6 of 1974) and the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981). Section 41 B. COMPULSORY DISCLOSURE OF INFORMATION BY THE OCCUPIER (1) The occupier of every factory involving a hazardous process shall disclose in the manner prescribed all information regarding dangers, including health hazards and the measures to overcome such hazards arising from the exposure to or handling of the materials or substances in the manufacture, transportation, storage and other processes, to the workers employed in the factory, the Chief Inspector, the local authority within whose jurisdiction the factory is situate and the general public in the vicinity. (2) The occupier shall, at the time of registering the factory involving a hazardous process, lay down a detailed policy with respect to the health and safety of the workers employed therein and intimate such policy to the Chief Inspector and the local authority and, thereafter, at such intervals as may be prescribed, inform the Chief Inspector and the local authority of any change made in the said policy. (3) The information furnished under sub-section (1) shall include accurate information as to the quantity, specifications and other characteristics of wastes and the manner of their disposal.
(4) Every occupier shall, with the approval of the Chief Inspector, draw up an on-site emergency plan and detailed disaster control measures for his factory and make known to the workers employed therein and to the general public living in the vicinity of the factory the safety measures required to be taken in the event of an accident taking place. (5) Every occupier of a factory shall, - (a) if such factory engaged in a hazardous process on the commencement of the Factories (Amendment) Act, 1987 (2 of 1987), within a period of thirty days of such commencement; and (b) if such factory proposes to engage in a hazardous process at any time after such commencement, within a period of thirty days before the commencement of such process, inform the Chief Inspector of the nature and details of the process in such form and in such manner as may be prescribed. (6) Where any occupier of a factory contravenes the provisions of sub-section (5), the license issued under section 6 to such factory shall, notwithstanding any penalty to which the occupier of factory shall be subjected to under the provisions of this Act, be liable for cancellation. (7) The occupier of a factory involving a hazardous process shall, with the previous approval of the Chief Inspector, lay down measures for the handling, usage, transportation and storage of hazardous substances inside the factory premises and the disposal of such substances outside the factory premises and publicize them in the manner prescribed among the workers and the general public living in the vicinity. Section 41C. SPECIFIC RESPONSIBILITY OF THE OCCUPIER IN RELATION TO HAZARDOUS PROCESSES Every occupier of a factory involving any hazardous process shall - (a) maintain accurate and up-to-date health records or, as the case may be, medical records, of the workers in the factory who are exposed to any chemical, toxic or any other harmful substances which are manufactured, stored, handled or transported and such records shall be accessible to the workers subject to such conditions as may be prescribed; (b) appoint persons who possess qualifications and experience in handling hazardous substances and are competent to supervise such handling within the factory and to provide at the working place all the necessary facilities for protecting the workers in the manner prescribed : Provided that where any question arises as to the qualifications and experience of a person so appointed, the decision of the Chief Inspector shall be final; (c) provide for medical examination of every worker (i) before such worker is assigned to a job involving the handling of, or working with, a hazardous substance, and (ii) while continuing in such job, and after he has ceased to work in such job, at intervals not exceeding twelve months, in such manner as may be prescribed.
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Section 41D. POWER OF CENTRAL GOVERNMENT TO APPOINT INQUIRY COMMITTEE (1) The Central Government may, in the event of the occurrence of an extraordinary situation involving a factory engaged in a hazardous process, appoint an Inquiry Committee to inquire into the standards of health and safety observed in the factory with a view to finding out the causes of any failure or neglect in the adoption of any measures or standards prescribed for the health and safety of the workers employed in the factory or the general public affected, or likely to be affected, due to such failure or neglect and for the prevention and recurrence of such extraordinary situations in future in such factory or elsewhere. (2) The Committee appointed under sub-section (1) shall consist of a chairman and two other members and the terms of reference of the Committee and the tenure of office of its members shall be such as may be determined by the Central Government according to the requirements of the situation. (3) The recommendations of the Committee shall be advisory in nature Section 41E. EMERGENCY STANDARDS (1) Where the Central Government is satisfied that no standards of safety have been prescribed in respect of a hazardous process or class of hazardous processes, or where the standards so prescribed are inadequate, it may direct the Director-General of Factory Advice Service and Labour Institutes or any institution specialised in matters relating to standards of safety in hazardous processes, to lay down emergency standards for enforcement of suitable standards in respect of such hazardous processes. (2) The emergency standards laid down under sub-section (1) shall, until they are incorporated in the rules made under this Act, be enforceable and have the same effect as if they had been incorporated in the rules made under this Act. Section 41F. PERMISSIBLE LIMITS OF EXPOSURE OF CHEMICAL AND TOXIC SUBSTANCES (1) The maximum permissible threshold limits of exposure of chemical and toxic substances in manufacturing processes (whether hazardous or otherwise) in any factory shall be of the value indicated in the Second Schedule. (2) The Central Government may, at any time, for the purpose of giving effect to any scientific proof obtained from specialised institutions or experts in the field,, by notification in the Official Gazette, make suitable changes in the said Schedule. Section 41G. WORKERS PARTICIPATION IN SAFETY MANAGEMENT (1) The occupier shall, in every factory where a hazardous process takes place, or where hazardous substances are used or handled, set up a Safety Committee consisting of equal number of representatives of workers and management to promote cooperation between the workers and the management in maintaining proper safety and health at work and to review periodically the measures taken in that behalf : Provided that the
State Government may, by order in writing and for reasons to be recorded, exempt the occupier of any factory or class of factories from setting up such committee. (2) The composition of the Safety Committee, the tenure of office of its members and their rights and duties shall be such as may be prescribed. Section 41H. RIGHT OF WORKERS TO WARN ABOUT IMMINENT DANGER (1) Where the workers employed in any factory engaged in a hazardous process have reasonable apprehension that there is a likelihood of imminent danger to their lives or health due to any accident, they may bring the same to the notice of the occupier, agent, manager or any other person who is in charge of the factory or the process concerned directly or through their representatives in the Safety Committee and simultaneously bring the same to the notice of the Inspector. (2) It shall be the duty of such occupier, agent, manager or the person in charge of the factory or process to take immediate remedial action if he is satisfied about the existence of such imminent danger and send a report forthwith of the action taken to the nearest Inspector. (3) If the occupier, agent, manager or the person in charge referred to in sub-section (2) is not satisfied about the existence of any imminent danger as apprehended by the workers, he shall, nevertheless, refer the matter forthwith to the nearest Inspector whose decision on the question of the existence of such imminent danger shall be final. 4.10 OCCUPATIONAL HAZARDS Every occupation has its own hazards. One should take adequate and proper precautions to save him/her. Workers of mine and other chemical companies face acute problems of occupational hazards. Companies should look into the safety of their workers beforehand. To have proper safety and precautionary measures against occupational hazards is the fundamental right of all workers. The constitution of India gives immense priority to the occupational hazards and its safety. The constitution of India, as a part of the fundamental rights, has laid down that the State shall direct its policy towards protection of childhood and youth against exploitation and shall not be employed to work in any factory or mine or engaged in any hazardous employment. The official statistics of 1983 based on a sample survey taken there are nearly 17 million children employed in various industries below the age of 15 years. Children are to be found in almost all sectors of urban and rural economies. Children are engaged in almost all sectors in cities, towns and the fringe areas in the hotel industries, construction and chemical workshops, automobile repairing and fuel stations, slate pencil industries, slate industries, glass industries, carpet industries, gem polishing, lock making industries, etc. This list of the industries where children are employed is very long and it is not possible to cover all the occupations.. However, it can be said that in almost of the sectors of urban economy children are employed. Many of the occupations listed above are hazardous in
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nature and not suitable to these children .As such many of them are detrimental to the physical and mental health of the children. So there is a serious concern of the Government and society about those children who are working in such hazardous occupations. The Occupational hazards that workers or children employed in s few of these Industries are discussed below: 4.10.1 A. Match and firecracker industry in Sivakasi, Tamilnadu: In and around, Sivakasi, Tamilnadu, there are approximately. 2700 Match works and 200 fire factories employing more than 2 lakh workers. According to UNICEF (1986), there are 45,269 children working in this industry. This particular estimate does not cover home based match work in and around Sivakasi town as well as nearby areas. If they are also covered in the present statistic then there are 1,25,000 children working in this industry. Out of this total working children population, 80% are girls and remaining are boys. The process of match making is labour intensive. Children are employed in various processes of match making. Major processes are frame filling,, wax dipping, head filling, drying, box farming & filling , side painting, band rolling, dozen packing and chemical grinding section. They are exposed to physical, chemical and ergonomic hazards. Physical hazards include excessive heat superadded by poor ventilation. They are also exposed to high volume music being played by the employer so those children cannot communicate with each other and have to be involved fully in the work. They are exposed various chemical hazards mainly potassium chlorate, commercial sulphur, glue, black & red manganese, red phosphorus, antimony glass powder etc. 4.11 OCCUPATIONAL HEALTH PROBLEMS In the long run, due to synergistic effect of above mentioned chemicals in the presence of excessive heat and lack of ventilation, and improper ergonomic condition, the major occupational health problems which can be expected are many. Common acute occupational illnesses observed are allergic skin diseases, allergic lung disorders, and irritation of eyes with lacrimation, photophobia & conjunctivitis. Long working hours, exposure to excessive heat, low illumination, improper posture, overcrowded working space, continuous sitting in one posture can cause health problems like pain in joints, body ache, fatigue and other muscle-skeletal problems, resulting in stunted physical growth &development etc. over and above many work induced psychological problems cant be ruled out. 4.11.1 B. Gem polishing Industry, Jaipur, Rajshtan Gem polishing industry is located mainly in Jaipur, the capital of Rajsthan where there are 60,000 persons are employed in this industry. Out of total workforce nearly 20 % (13,000) are children. The process gem making is labour intensive. Normally in the gem industry, the child labour is being used for making of precious gems, polishing of gems and giving them a shape. The child labour is used only for polishingthe precious stone by oxides (usually by Chromic Oxide). Due to this there is no chance of damage to the final product.
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The workers / children engaged in this industry complain of body ache, pain in knee and shoulder joints. This can be due to long working hours, continuous sitting in one particular posture, improper working posture, lack of space, improper tools, improper way of carrying out the work and lack of training. Many of the children complain frequent injuries, fissures and cracks of their hands and fingers, especially tip of the finger. Due to very precise and minute job, frequent complains of eyestrain cant be ruled out. This can be further aggravated by low illumination and vitamin A deficiency. There is a exposure of chromic oxide and other oxides being used for shining the gems. This list of the industries where children are employed is very long and it is not possible to cover all the occupations.. However, it can be said that in almost of the sectors of urban economy children are employed. Many of the occupations listed above are hazardous in nature and not suitable to these children .As such many of them are detrimental to the physical and mental health of the children. So there is a serious concerns of the Govt. and society about those children who are working in such hazardous occupations. 4.11.2 C. Hand made Carpet Weaving Industry, Mirzapur & Bhadoi, Uttarpradesh The art of carpet making has spread from Kashmir to the Southern tip of India. It is not possible to give exact statistics of workers working in these particular industries as most of the looms are in small shades employing less than 20 children/workers. These are not registered under shops and establishment act or factory act and technically there are no rules and laws are being applied. But by approximation, out of total workers 80%, 15%, 5% are in Uttar Pradesh (96,000 children out of 2,40,000 total employees) Rajasthan (12,000 children out of total 30,000 employees) Jammu & Kashmir(6,000 out of 15,000 employees) respectively. Out of total production in India, 95% is exported. Weavers are mostly Muslims or belong to Scheduled Castes such as Khatik, Koli, Raigar, Chamar, etc. Seventy percent of the children are boys between the ages of 6-14 years, working from 8.00 am to 6.00 pm with an hour break for lunch. They are paid very low wages. Children having looms in the own houses are working or more than 12 hours per day. Workers/Children are subjected to skeletal deformities, ergonomic problems, eye sight problems and health problems due to exposure to toxic chemicals: Skeletal deformities: The squatting position that the child must occupy on the old type of loom causes very serious occupational health problems. If a worker is employed from a young age, the legs may become deformed (genu valgum) or serious crippling arthritis of the knee may develop. The deformation on the pelvis often in a restricted form, some times occur. The constant tying of knots and the threading of the weft yarn through the warp may result in swollen finger joints, arthritis, neuralgia, causing permanent deformities of the fingers, eye sight disorders. The constant close attention that the weaver must give to the point of weaving or knotting may cause considerable eye strain particularly if the lightning is inadequate. Problem is worsened when there is vitamin A deficiency.
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4.12 MENTAL HEALTH PROBLEMS The very fine work requiring a high degree of skill and constant attention leads in some cases to nervous illness manifesting itself in hand trembling and some times mental troubles. 4.12.1 Slate - Stone Mines and Industry The slate stone mines are hard stone mines located in the Markapur, northern part of Andhra Pradesh. These mines are open, wide and deep. The stones are mined from these areas and taken to the nearby villages in small pieces. These small pieces are again reshaped in various rectangle sizes of slates. In the above-mentioned industry, workers / children are exposed almost to each and every process i.e. from mining of the stone to the final touch of the slate. In mining they are likely to get minor and major accident injuries resulting in high mortality and morbidity. Where the stones are cut in various shapes and sizes the children are exposed to dust, which can cause not only respiratory health problems but also serious disease like silicosis. While coloring the slate either black or red children are also exposed to the unknown chemicals. Similarly, while making the wooden frame children might get minor and major injuries. They are also involved in the fixing of slate with wooden frame where there are chances of minor injuries to the hands and tip of the finger. Environmental & Occupational Health Exposure Chart Chart No. - 1
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4.13 NOTIFIABLE DISEASES The Factories Act further declares certain diseases which are particularly attributable to such industry or the manufacturing process carried out in that particular industry. Sections 89 and 90 of the Act specify them as follows: Section 89. NOTICE OF CERTAIN DISEASES (1) Where any worker in a factory contracts any disease specified in the Third Schedule, the manager of the factory shall send notice thereof to such authorities, and in such form and within such time as may be prescribed. (2) If any medical practitioner attends on a person who is or has been employed in a factory, and who is, or is believed by the medical practitioner to be, suffering from any disease, specified in the Third Schedule the medical practitioner shall without delay send a report in writing to the office of the Chief Inspector stating (a) the name and full postal address of the patient, (b) the disease from which he believes the patient to be suffering, and (c) the name and address of the factory in which the patient is, or was last, employed. (3) Where the report under sub-section (2) is confirmed to the satisfaction of the Chief Inspector, by the certificate of a certifying surgeon or otherwise, that the person is suffering from a disease specified in the Third Schedule, he shall pay to the medical practitioner such fee as may be prescribed, and the fee so paid shall be recoverable as an arrear of land revenue from the occupier of the factory in which the person contracted the disease. (4) If any medical practitioner fails to comply with the provisions of sub-section (2), he shall be punishable with fine which may extend to one thousand rupees. (5) The Central Government may, by notification in the Official Gazette, add to or alter the Third Schedule and any such addition or alteration shall have effect as if it had been made by this Act. Section 90. POWER TO DIRECT ENQUIRY INTO CASES OF ACCIDENT OR DISEASE (1) The State Government may, if it considers it expedient so to do, appoint a competent person to inquire into the causes of any accident occurring in a factory or into any case where a disease specified in the Third Schedule has been, or is suspected to have been, contracted in a factory, and may also appoint one or more persons possessing legal or special knowledge to act as assessors in such inquiry. (2) The person appointed to hold an inquiry under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the purposes of enforcing the attendance of witnesses and compelling the production of documents and material objects, and may also, so far as may be necessary for the purposes of the inquiry, exercise any of the powers of an Inspector under this Act; and every person required by the person making the inquiry to furnish any information shall be deemed to be legally bound so to do within the meaning of section 176 of the Indian Penal Code, 1860 (45 of 1860).
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(3) The person holding an inquiry under this section shall make a report to the State Government stating the causes of the accident, or as the case may be, disease, and any attendant circumstances, and adding any observations which he or any of the assessors may think fit to make. (4) The State Government may, if it thinks fit, cause to be published any report made under this section or any extracts therefrom. (5) The State Government may make rules for regulating the procedure as Inquiries under this section. Section 91. POWER TO TAKE SAMPLES (1) An Inspector may at any time during the normal working hours of a factory, after informing the occupier or manager of the factory or other person for the time being purporting to be in charge of the factory, take in the manner hereinafter provided a sufficient sample of any substance used or intended to be used in the factory, such use being (a) in the belief of the Inspector in contravention of any of the provisions of this Act or the rules made thereunder, or (b) in the opinion of the Inspector likely to cause bodily injury to, or injury to the health of, workers in the factory. (2) Where the Inspector takes a sample under sub-section (1), he shall, in the presence of the person informed under that sub-section unless such person wilfully absents himself, divide the sample into three portions and effectively seal and suitably mark them, and shall permit such person to add his own seal and mark thereto. (3) The person informed as aforesaid shall, if the Inspector so requires, provide the appliances for dividing, sealing and marking the sample taken under this section. (4) The Inspector shall (a) forthwith give one portion of the sample to the person informed under sub-section (1); (b) forthwith send the second portion to a Government Analyst for analysis and report thereon; (c) retain the third portion for production to the Court before which proceedings, if any, are instituted in respect of the substance. (5) Any document purporting to be a report under the hand of any Government Analyst upon any substance submitted to him for analysis and report under this section, may be used as evidence in any proceedings instituted in respect of the substance. Section 91A. SAFETY AND OCCUPATIONAL HEALTH SURVEYS (1) The Chief Inspector, or the Director General of Factory Advice Service and Labour Institutes, or the Director General of Health Services, to the Government of India, or such other officer as may be authorised in this behalf by the State Government or the Chief Inspector or the Director General of Factory Advice Service and Labour Institutes
or the Director General of Health Services may, at any time during the normal working hours of a factory, or at any other time as is found by him to be necessary, after giving notice in writing to the occupier or manager of the factory or any other person who for the time being purports to be in charge of the factory, undertake safety and occupational health surveys and such occupier or manager or other person shall afford all facilities for such survey, including facilities for the examination and testing of plant and machinery and collection of samples and other data relevant to the survey. (2) For the purpose of facilitating surveys under sub-section (1) every worker shall, if so required by the person conducting the survey, present himself to undergo such medical examination as may be considered necessary by such person and furnish all information in his possession and relevant to the survey. (3) Any time spent by a worker for undergoing medical examination or furnishing information under sub-section (2) shall, for the purpose of calculating wages and extra wages for overtime work, be deemed to be time during which such worker worked in the factory. Explanation : For the purposes of this section, the report, if any, submitted to the State Government by the person conducting the survey under sub-section (1) shall be deemed to be a report submitted by an Inspector under this Act. The Third schedule of the Act lists the following dieses as notifiable diseases THE THIRD SCHEDULE ( Sections 89 and 90) LIST OF NOTIFIABLE DISEASES 1. Lead poisoning, including poisoning by any preparation or compound of lead or their sequelae. 2. Lead tetra-ethyl poisoning 3. Phosphorus poisoning or its sequelae. 4. Mercury poisoning or its sequelae. 5. Manganese poisoning or its sequelae. 6. Arsenic poisoning or its sequelae. 7. Poisoning by nitrous fumes. 8. Carbon disulphide poisoning. 9. Benzene poisoning, including poisoning by any of its homologues, their nitro or amido derivatives or its sequelae. 10. Chrome ulceration or its sequelae. 11. Anthrax. 12. Silicosis. 13. Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series. 14. Pathological manifestations due to
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15. radium or other radio-active substances. 16. X-rays. 17. Primary epitheliomatous cancer of skin. 18. Toxic anemia. 19. Toxic jaundice due to poisonous substances. 20. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base. 21. Byssionosis. 22. Asbestosis. 23. Occupational or contract dermatitis caused by direct contract with chemicals and paints. These are of two types, that is primary irritants and allergic sensitizers. 24. Noise induced hearing loss (exposure to high noise levels). 25. Beriyllium poisoning. 26. Carbon monoxide 27. Coal miners pneumoconiosis. 28. Phosgene poisoning. 29. Occupational cancer. 30. Isocyanates poisoning. 31. Toxic nephirits. 4.14 PSYCHOLOGICAL COUNSELLING Psychological Counseling as a psychological specialty is about usually one-on-one engagement between a trained counsellor, and a client. In terms of its formal instantiation, its remit may involve facilitatating personal and interpersonal functioning across the life span with a focus on emotional, social, vocational, educational, health-related, developmental, and organizational concerns. Through the integration of theory, research, and practice, and with sensitivity to multicultural issues, this specialty encompasses a broad range of practices that help people improve their well-being, alleviate distress and maladjustment, resolve crises, and increase their ability to live more highly functioning lives. A key distinction to draw is between counselling psychology, and the modern versions of psycho-dynamic counselling. Though closely related to clinical psychology, counseling psychology differs from that field in a several subtle ways. First, counseling psychologists typically focus on less severe psychopathology (e.g., depression and anxiety), while clinical psychologists deal with more seriously disturbed individuals (e.g., those with schizophrenia or personality disorders). In the UK, however, there is less distinction between the types of cases that clinical and counseling psychologists work with. The difference is emphasized more in how they work with an individual. Second, counseling psychologists are more
likely than clinical psychologists to assume a client-centered or humanistic theoretical approach. Finally, counseling psychology is unique in its attention both to normal developmental issues as well as the problems associated with physical, emotional, and mental disorders. Despite these differences, counseling and clinical psychology are becoming increasingly indistinguishable, leading some to suggest that these fields be combined. Populations served by counseling psychologists include persons of all ages and cultural backgrounds. Examples of those populations would include late adolescents or adults with career/educational concerns and children or adults facing severe personal difficulties. Counseling psychologists also consult with organizations seeking to enhance their effectiveness or the well-being of their members. Counseling psychologists adhere to the standards and ethics established by the Psychological Association of their respective countries and the Counseling Association of such a country. Each professional or trade association has its preferred qualification and practitioner standards, and also suggest other requirements. 4.14.1 Councelling Methodology Counseling psychologists participate in a range of activities including teaching, research, psychotherapeutic and counseling practice, career development, assessment, supervision, and consultation. They employ a variety of methods closely tied to theory and research to help individuals, groups and organizations function optimally as well as to mediate dysfunction/issues. Interventions may be either brief or long-term; they are often problemspecific and goal-directed. These activities are guided by a philosophy that values individual differences and diversity and a focus on prevention, development, and adjustment across the life-span which includes vocational concerns. Counseling Psychology is a psychological specialty facilitates personal and interpersonal functioning across the life span with a focus on emotional, social, vocational, educational, health-related, developmental, and organizational concerns. Through the integration of theory, research, and practice, and with a sensitivity to multicultural issues, this specialty encompasses a broad range of practices that help people improve their well-being, alleviate distress and maladjustment, resolve crises, and increase their ability to live more highly functioning lives. Though closely related to clinical psychology, counseling psychology differs from that field in a several subtle ways. First, counseling psychologists typically focus on less severe psychopathology (e.g., depression and anxiety), while clinical psychologists deal with more seriously disturbed individuals (e.g., those with schizophrenia or personality disorders). The difference is emphasized more in how they work with an individual. Second, counseling psychologists are more likely than clinical psychologists to assume a client-centered or humanistic theoretical approach. Finally, counseling psychology is unique in its attention both to normal developmental issues as well as the problems associated with physical, emotional, and mental disorders. Despite these differences, counseling and clinical psychology are becoming
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increasingly indistinguishable, leading some to suggest that these fields be combined. Populations served by counseling psychologists include persons of all ages and cultural backgrounds. Examples of those populations would include late adolescents or adults with career/educational concerns and children or adults facing severe personal difficulties. Counseling psychologists also consult with organizations seeking to enhance their effectiveness or the well-being of their members. 4.14.2 Employment settings Counseling psychologists are employed in a variety of settings depending on the services they provide and the client populations they serve. Some are employed in colleges and universities as teachers, supervisors, researchers, and service providers. Others are employed in independent practice providing counseling, psychotherapy, assessment, and consultation services to individuals, couples/families, groups, and organizations. Additional settings in which counseling psychologists practice include community mental health centers, Veterans Administration Medical Centers and other facilities, family services, health maintenance organizations, rehabilitation agencies, business and industrial organizations and consulting within firms. QUESTIONS FOR DISCUSSION 1. What are the features of a safety organization ? 2. List some of the statutory safety provisions 3. Discuss the statutory health provisions under the factories act, 1948 4. List a few of the industries which are scheduled as to include hazardous processes 5. What is the constitution of site appraisal committee and in which of the industries this is mandatory ? 6. What are occupational hazards ? 7. What are notifiable diseases? List a few of such diseases. 8. Safety in Industries often take a back seat Do you agree or disagree to the statement ? Elaborate 9. If you are appointed as a safety Director of a factory what precautions would you insist upon your management? 10. What is Psychological Councelling? What are your personal interests if you prefer to take up such a career?
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UNIT V
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WELFARE OF SPECIAL CATEGORIES OF LABOUR

Learning Objectives After going though this unit you should be in a position to explain the following terminologies: Child labour Constitutional Rights Child Labour Technical Advisory committee National Child Labour Project Contract Labour 5.1 CHILD LABOUR Introduction The rights of a child are protected under various legislations including a mention of them in the Constitution of India. 5.1.1. Constitutional Rights of a Child Article 21 A of The Constitution of India, 1950 Right to Education The State shall provide free and compulsory education to all children of the age of 6 to 14 years in such manner as the State, by law, may determine Article 24 Prohibition of employment of children in factories, etc. No child below the age fourteen years shall be employed in work in any factory or mine or engaged in any other hazardous employment Article 39 The State shall, in particular, direct its policy towards securing:-
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that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength Laws pertaining to the prohibition of Child Labour 1. Children (Pledging of Labour] Act (1933) 2. Employment of Children Act (1938) 3. The Bombay Shop and Establishments Act (1948) 4. Child Labour (Prohibition and Regulation Act) 1986 5. The Indian Factories Act (1948) 6. Plantations Labour Act (1951) 7. The Mines Act (1952) 8. Merchant Shipping Act (1958) 9. The Apprentice Act (1961) 10. The Motor Transport Workers Act (1961) 11. The Atomic Energy Act (1962) 12. Bidi and Cigar Workers (Condition of Employment) Act (1966) 13. State Shops and Establishments Act 5.2 THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 The Act came into force from 23rd December 1986. Its main objectives are to prohibit the employment of children in certain categories of industries and to regulate the conditions of work of children in certain industries. It was amended in 1988. (1) Scope The Act is applicable to all establishments such as workshop, farm, residential hotels, restaurants, eating houses, theatre or other places of public amusement where child labour is largely employed. The Act extends to the whole of India. Important Definitions under the Act: Workshop means any premises (including the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of Factories Act 1948 applies. Occupier in relation to an establishment, an occupier means the person who has ultimate control over the affaires of the establishment or workshop. Appropriate government means in relation to an establishment under the control of the Central Government or a railway administration or a major port or a mine or oilfield, the Central Government, and in all other cases the State Governments
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Child means a person who had not completed fourteen years of age. (2) Main Provisions of the Act (1) Prohibition of employment of children in certain occupations and processes: (2) No child can be employed, or permitted to work in nay of the occupations set forth in Part A of the Schedule or in any workshop wherein any of the processes set forth in Part B of the schedule is carried on. (3) Hours and period of work: (a) No child shall be allowed to work in any establishment in excess of such number of hours as many be prescribed for such establishment or class establishment; (b) The daily hours or work shall be so fixed that no child shall be allowed to work for more than three hours without prior interval of an hour: (c) The hours of work shall be so arranged that inclusive of rest interval, time spread and the time spend in waiting for the work shall not exceed six hours a day; (d) No child shall be allowed to work between 7. P.M and 8 P.M (e) No child shall be allowed to work overtime; and (f) No child shall be permitted to work in nay establishment on any day on which he has already worked in some other establishment (3) Weekly Holiday Every child employed in any establishment shall be given one weekly holiday of 24 hours. (4) Healthy and Safety (i) The appropriate government by notification in the Official Gazette, can make rules for health and safety of children employed or permitted to work in any establishment or class of establishment. (ii) Without any prejudice to the generality of the foregoing provisions, the rules for health and safety may provided for all or any of the following matters namely; 1. Cleanliness in the place of work and its freedom from nuisance 2. Disposal of wastes and effluents 3. Ventilation and temperature 4. Dust and fumes 5. Lighting 6. Drinking water 7. Artificial humidification 8. Latrine and urinal 9. Spittoons 10. (10) Fencing of machines
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11. Work at or near machinery in motion 12. Employment of children on dangerous machines 13. Instructions training and supervision in relation to employment of children on dangerous machines 14. Device for cutting off power 15. Self-acting machines 16. Casing of new machinery 17. Floor, stairs and means of access 18. Pits, sumps, opening in floors etc. 19. Excessive weights 20. Protection eyes 21. Explosive or inflammable dist gas etc 22. Precaution in case of fire; maintenance of buildings; and safety of buildings and machinery. (5) Child Labour Technical Advisory committee The Central Government by notification in the Official Gazette may constitute a Child Labour Technical Adivisory Committee to advise government for the purpose of occupation and processes to be include in the Schedule. The committee shall consists of a chairman and such other members not exceeding ten. It can meet as often as it likes to carry on its business. The committee is empowered constitute one or more sub-committees for general or any specific function. (6) Power to Make Rules The appropriate government by notification in the Official Gazette can make rules for the proper enforcement of the Act. Such rules may provide for all or any of the following matters namely: (a) The term of office and the manner or filling casual vacancies of and the allowances payable to the chairman and members of the cild labour technical advisory committee. (b) Number of hours for which a child worker may be required to work. (c) Grant of certificate of age in respect of young persons in employment or seeking employment, the medical authorities which may issue such certificate, the form of such certificate, the charges which are required to be made in this respect and the manner of issuance of such certificates. (7) Appointment of Inspectors The appropriate government may appoint inspectors for the purpose of securing compliance of this Act.
Penalties: Whosoever employs any child or permits any child to work in contravention of the provision of Act shall be punishable with imprisonment of a term of not less than three months but can be extended months but can be extended to one year or with a fine which shall not be less than ten thousand rupees, however, it can extend to twenty thousand rupees or with both. 5.3 INITIATIVES TOWARDS ELIMINATION OF CHILD LABOUR ACTION PLAN AND PRESENT STRATEGY The problem of child labour continues to pose a challenge before the nation. Government has been taking various pro-active measures to tackle this problem. However, considering the magnitude and extent of the problem and that it is essentially a socioeconomic problem inextricably linked to poverty and illiteracy, it requires concerted efforts from all sections of the society to make a dent in the problem. In 1979, the Government formed the first committee called Gurupadswamy Committee to study the issue of child labour and to suggest measures to tackle it. The Committee examined the problem in detail and made some far-reaching recommendations. It observed that as long as poverty continued, it would be difficult to totally eliminate child labour and hence, any attempt to abolish it through legal recourse would not be a practical proposition. The Committee felt that in the circumstances, the only alternative left was to ban child labour in hazardous areas and to regulate and ameliorate the conditions of work in other areas. It recommended that a multiple policy approach was required in dealing with the problems of working children. Based on the recommendations of Gurupadaswamy Committee, the Child Labour (Prohibition & Regulation) Act was enacted in 1986. The Act prohibits employment of children in certain specified hazardous occupations and processes and regulates the working conditions in others. The list of hazardous occupations and processes is progressively being expanded on the recommendation of Child Labour Technical Advisory Committee constituted under the Act. In consonance with the above approach, a National Policy on Child Labour was formulated in 1987. The Policy seeks to adopt a gradual & sequential approach with a focus on rehabilitation of children working in hazardous occupations & processes in the first instance. The Action Plan outlined in the Policy for tackling this problem is as follows: Legislative Action Plan for strict enforcement of Child Labour Act and other labour laws to ensure that children are not employed in hazardous employments, and that the working conditions of children working in non-hazardous areas are regulated in accordance with the provisions of the Child Labour Act. It also entails further identification of additional occupations and processes, which are detrimental to the health and safety of the children. 5.4 FOCUSING OF GENERAL DEVELOPMENTAL PROGRAMMES FOR BENEFITING CHILD LABOUR As poverty is the root cause of child labour, the action plan emphasizes the need to cover these children and their families also under various poverty alleviation and employment generation schemes of the government.
159
NOTES
DBA 1748
NOTES
Project Based Plan of Action envisages starting of projects in areas of high concentration of child labour. Pursuant to this, in 1988, the National Child Labour Project (NCLP) Scheme was launched in 9 districts of high child labour endemicity in the country. The Scheme envisages running of special schools for child labour withdrawn from work. In the special schools, these children are provided formal/non-formal education along with vocational training, a stipend of Rs.100 per month; supplementary nutrition and regular health check ups so as to prepare them to join regular mainstream schools. Under the Scheme, funds are given to the District Collectors for running special schools for child labour. Most of these schools are run by the NGOs in the district. Government has accordingly been taking proactive steps to tackle this problem through strict enforcement of legislative provisions along with simultaneous rehabilitative measures. State Governments, which are the appropriate implementing authorities, have been conducting regular inspections and raids to detect cases of violations. Since poverty is the root cause of this problem, and enforcement alone cannot help solve it, Government has been laying a lot of emphasis on the rehabilitation of these children and on improving the economic conditions of their families. 5.5 THE COVERAGE OF THE NCLP SCHEME HAS INCREASED FROM 12 DISTRICTS IN 1988 TO 100 DISTRICTS IN THE 9TH PLAN TO 250 DISTRICTS DURING THE 10TH PLAN. Strategy for the elimination of child labour under the 10th Plan An evaluation of the Scheme was carried out by independent agencies in coordination with V.V. Giri National Labour Institute in 2001. Based on the recommendations of the evaluation and experience of implementing the scheme since 1988, the strategy for implementing the scheme during the 10th Plan was devised. It aimed at greater convergence with the other developmental schemes and bringing qualitative changes in the Scheme. Some of the salient points of the 10th Plan Strategy are as follows: Focused and reinforced action to eliminate child labour in the Hazardous occupations by the end of the Plan period. Expansion of National Child Labour Projects to additional 150 districts. Linking the child labour elimination efforts with the Scheme of Sarva Shiksha Abhiyan of Ministry of Human Resource Development to ensure that children in the age group of 58 years get directly admitted to regular schools and that the older working children are mainstreamed to the formal education system through special schools functioning under the NCLP Scheme. Convergence with other Schemes of the Departments of Education, Rural Development, Health and Women and Child Development for the ultimate attainment of the objective in a time bound manner.
160
The Government and the Ministry of Labour & Employment in particular, are rather serious in their efforts to fight and succeed in this direction. The number of districts covered under the NCLP Scheme has been increased from 100 to 250, as mentioned above in this note. In addition, 21 districts have been covered under INDUS, a similar Scheme for rehabilitation of child labour in cooperation with US Department of Labour. Implementation of this Project was recently reviewed during the visit of Mr. Steven Law, Deputy Secretary of State, from the USA. For the Districts not covered under these two Schemes, Government is also providing funds directly to the NGOs under the Ministrys Grants-in-aid Scheme for running Special Schools for rehabilitation of child labour, thereby providing for a greater role and cooperation of the civil society in combating this menace. Elimination of child labour is the single largest programme in this Ministrys activities. Apart from a major increase in the number of districts covered under the scheme, the priority of the Government in this direction is evident in the quantum jump in budgetary allocation during the 10th Plan. Government has allocated Rs. 602 crores for the Scheme during the 10th Plan, as against an expenditure of Rs. 178 crores in the 9th Plan. The resources set aside for combating this evil in the Ministry is around 50 per cent of its total annual budget. The implementation of NCLP and INDUS Schemes is being closely monitored through periodical reports, frequent visits and meetings with the District and State Government officials. The Governments commitment to achieve tangible results in this direction in a time bound manner is also evident from the fact that in the recent Regional Level Conferences of District Collectors held in Hyderabad, Pune, Mussoorie and Kolkata district-wise review of the Scheme was conducted at the level of Secretary. These Conferences provided an excellent opportunity to have one-to-one interaction with the Collectors, who play a pivotal role in the implementation of these Schemes in the District. Besides, these Conferences also helped in a big way in early operationalisation of Scheme in the newly selected 150 districts. The Government is committed to eliminate child labour in all its forms and is moving in this direction in a targeted manner. The multipronged strategy being followed by the Government to achieve this objective also found its echo during the recent discussions held in the Parliament on the Private Members Bill tabled by Shri Iqbal Ahmed Saradgi. It was unanimously recognized therein that the problem of child labour, being inextricably linked with poverty and illiteracy, cannot be solved by legislation alone, and that a holistic, multipronged and concerted effort to tackle this problem will bring in the desired results. 5.6 THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 Scope and Coverage The Act came into force from 10th February 1971. It extends to the whole of India and applies to every establishment in which twenty or more workmen are or were, employed on any day during the preceding twelve months as contract labour, and to every contractor
161
NOTES
DBA 1748
NOTES
who employs or employed on any day during the preceding twelve months more than twenty workmen. Both the Central and State Governments which administer this legislation have the powers to apply the provision of the Act to any establishment or contractor employing even less than workmen after giving at least two months notice of their intention to do so. The Act does not apply to establishments where work is of a casual (irregular or occasional or intermittent (interrupted or non-continues) nature. The work performed in an establishment is not considered to be of an intermittent nature: (i) If it is performed for more than one hundred and twenty days in the preceding twelve months; (ii) It is not of seasonal character if it is performed for more than sixty days in a year. The Act also does not cover persons employed mainly in managerial and administrative capacities, persons employed as supervisors, drawing wages exceeding five hundred rupees per month, and out-workers who are given materials or articles for processing of manufacturing in their own homes, or in the premises which are not under the control and management of the principal employer. Under this Act, a workman is considered to be employed as control labour in or in connection with the work of an establishment when he is hired for this work by or through a contactor with or without the knowledge of the principal employer. The contractors covered by the Act are persons who undertake to produce a given result of an establishment, and include sub-contractors. The Act does not regard persons as contractors who only supply goods or articles of manufacture to an establishment. Administration of the Act Through the Act is a Central legislation, yet it is administered both by the Central and State Governments. The Central Government administers the Act in regarded to railways, Cantonment Boards major ports, mines and oil fields, banking and insurance companies and other establishment which are carrying an industry by the Central Government. Establishments other than those mentioned above are the concern of State Governments (Section 2 (1)) THE MAIN PROVISIONS OF THE ACT The Act provides for the following (1) Setting Up of Advisory Boards The Act requires that the Central and State Advisory Boards are to be set up by the Central and State Governments, respectively to advise them on such matters arising out of the administration of the Act as may be refereed to them, and carry out any other functions
162
assigned to them under the Act. Besides, the government nominees, the Boards have members representing industry, contractors, workers, and any other interest that the government may consider should be represented on the Boards. The number of nominees of the workers is to be equal to that of industry and contractors, both on the State and the Central Boards (section 3,4) (2) Registration of Establishment Every principal employer who wishes to employ contract labour has to get the establishment is accepted for registration. the registration officer issues a registration certificate if the establishment is accepted for registration. This certificate can be cancelled if it has been obtained by misrepresentation or suppression of any material fact, or if the registration has become useless or ineffective or requires to be revoked. The contract labour cannot be employed so long as the registration certificate has not been issued or after it is revoked. The employer has to play a registration fee of twenty rupees to five hundred rupees depending on the number of workers to be employed (Section 6, 7, 8, 9) (3) Prohibition of employment of Contract Labour Both the Central and State Governments can prohibit the employment of contract labour in any process, operation or other work in any establishment after consulting their Advisory Boards, and consider the conditions of work and benefits provided for contract labour in the establishment. The employment of contract labour may not be permitted for any process, operation and other work if it is: (a) incidental to or necessary for the industry, trade, business, manufacture or occupation that is carried on in the establishment; (b) of perennial or perpetual nature or of a sufficient duration (c) done ordinarily through regular workmen in that establishment or an similar thereto: (d) capable of employing considerable number of wholetime workmen. If a question arise whether any process, operation or other work is of perpetual or perennial nature, the decision of the government concerned is to be final. Some of the important processes, operations and other works for which contract labour may be employed are loading and unloading stacking and unshackling, construction and maintenance of buildings and roads, and seasonal works, if theses may satisfy one of the other above-mentioned conditions for the employment of contract labour (4) Licensing of Contractors Every contractor has to obtain a licensing for employing contract labour from the licensing officer appointed by the government for this purpose. In this application for a licensing he has to mention the location of his establishment, the nature of the operation or
163
NOTES
DBA 1748
NOTES
the work for which contract labour is to be employed, and such other particulars as may be required by the licensing officer. He is charged a licence fee, which may vary from five rupees to one hundred and twenty five rupees, depending on the number of workers to be employed The licence may prescribe such conditions as hours or work, fixation of wages and essential amenities in respect of contract labour which the contractor may be required to comply with while employing contract labour. For ensuring compliance with theses conditions, the contractor has to deposit a security of the amount required by the licensing officer. The license is issued for a specified period, on the expiry of which it has to be renewed. It can be revoked or suspended after giving to the holder of the license an opportunity to show cause if it is found that it has been obtained by misrepresentation, or suppression of material facts or any conditions of the license or any provision of the Act, and if the rules farmed there under have not been compiled with. The licensing officer may also declare the whole or a part of the security deposits to be a forfeit (Section 11 to 14) (5) Welfare and Health of Contract Labour A contractors are required to provide and maintain: (e) A Sufficient supply of wholesome drinking water at convenient places; (f) A sufficient number of latrines and urinals of the prescribed type conveniently situated and accessible. (g) Washing facilities; (h) A first aid box equipped with prescribed contents at every place where contract labour is employed; (i) One or more canteens if the work is to continue for more than 6 months and 100 or more workers are employed. The number of canteens, the standard of their construction, furniture and equipment, and the type of food to be supplied will be as prescribed under the rules framed by the government If the contractor fails to provides theses facilities, the principal employer will have to provide the same and recover the expenses involved from the contractor. (6) Responsibility for payment of Wages The contractor is also to be responsible for making regular and timely payment of wages to his workers. The payment is to be made in the presence of the authorized representative of the principal employer. If the contractor does not make payment, the principal employer will do the same and recover the amount so paid from the contractor (Section 16 to 21)
164
(7) Penalties The Act provides for imprisonment for a term of three months of fine ranging from five hundred rupees to one thousand rupees or both for contravention of various provision of the Act and other offences. Additional fine is also provided for continuing offences and contraventions (Sections 22, 23, 24) (8) Inspectors and Rules The Act provides for the appointment of inspectors and defines their powers and jurisdiction. There is also a provision for making rules by Central and State Governments for carrying out the purposes of the Act (Section 28, 35) Obligations of Principal employers and Contractors: Every principal employer and contractor who wants to employ contract labour has to: (j) Get his establishment registered with the registering officer appointed by the government (Section 7); (k) Obtain a license from the licensing officer for employing contract labour and comply with the terms and conditions of the grant of the license (Section 12); (l) Not to employ contract labour without obtaining a registration certificate and license, or after the registration certificate and license are revoked or suspended (Section 9, 12, 1); (m) Provide welfare and health facilities as required under the Act and its rules (Section 16, 19); (n) Pay wages to workers before the expiry of the wages period (Section 21); (o) Co-operate with the inspectors in the inspection of premises, documents and records and examining any person to determine if the provisions of the Act and the rules framed there under are being complied with (Section 28); (p) Maintain the registers and records with such particulars of contract labour, as nature of work performed, rates of wages and other information specified in Rules 74 and 78 of the Act (Section 29); (q) Exhibit in the premises of the establishment where contract labour is employed a notice showing hours of work, rates of wages, wage periods, dates of payment of wages, nature of duties and other particulars as mentioned in Rule 81 of the Act (Section 29 (2)); and (r) Send a half-yearly return to the licensing officer and yearly return to the registration officer, and to supply such information and statistics as may be required by the government from time to time. Rights of Principal Employers and Contractors: The principal employers and contractors have the right to:
NOTES
165
DBA 1748
NOTES
(a) Appeal to the appellate officer against the order of the Registration officer and the licensing officer, either for refusing or revoking registration or license within thirty days of receiving such orders (Section 4); (b) Be represented by their representatives on the Central and State Advisory Boards (Section 4); (9) Rights of Contract Labour The contract labour has the right to: (a) Claim such working conditions, facilities and other benefits as are provided for under the Act and the rules framed there under (Section 16 to 22); and (b) They can be represented by their representatives on the Central and State Advisory Boards (Section 4) Questions for Discussion 1. Explain the Constitutional rights guaranteed to a child under the provisions of the Indian Constitutional Act 2. Explain the office and working of the Child Labour Technical Advisory committee 3. Explain a few of the initiatives taken by the Government of India to eliminate child labour in India 4. What is licensing of contractors ? 5. Give a brief overview of the Contract labour (Abolition & Prohibition) Act, 1970
166
Unorganized Sector
Sl. of Family Standard Loan Percentage Staying at Earnings Monthly Reported Income Indebtedness Purpose of of Loan
Min Max
Name of Dependency of Families Monthly Family Cases by Families of Loan Place of

Female
Total No. Total
Average Average Total No. Educational Earners
Percentage Average Average No. of Percentage Source of
No. the Centre Earners members Secondary & Ratio Above

Male
of
No. of
Size of No. of
Sampled Migrant the Work Sickness / Marriage

6 1.19 1.26 1.17 1.05 1.16 1.16 4515 8.2 2.4 3.8 32.7 2778 3617 983 12.7 3.6 3.9 21.3 2567 3181 1033 6.8 0.4 4.9 2.5 2363 2926 3135 3816 3981 1078 6.5 1.2 4.2 8.1 3273 4444 5139 657 3.2 1.5 3.1 92.5 3124 4101 4302 764 11.2 6.4 2.8 53.8 2650 3555 3594 16.9 11.7 46.3 21.9 55.6 31.4 7 8 9 10 11 12 13 14 15 17 66.6 92.8 82.5 88.6 68.5 76.9 18 32.1 85.7 87.7 82.9 3.3 50.0 4.8 5.5 6.7 6.5 6.1 5.9
Porters (in Rs.) Loan
Porters Family
Contracted Lender
Household from Money
Table 1.1
SOCIO-ECONOMIC CONDITIONS OF LICENSED RAILWAY PORTERS AT FIVE SELECTED CENTRES
167
Chennai
160
Bangalore
120
14
Delhi
160
157
Kolkata
160
159
Mumbai
160
All Centres
760
337
NOTES
DBA 1748
NOTES
Sl Name of Report & Year* Sampled Sampled %age No.of Units Employed through Income Directly Others family in a (Self Owned) Workers Workers Size of no. of of Monthly in (%)
Average Migration Average Average % age No. % Families Reported
Reasons of Indebtedness
No.
* Latest available figures of the
Family Earners Dwellings Indebtedness in ( % age ) (Household Expense, Sickness, Marriage)
Indian Labor Statistics Bureau,
2008
Unorganized Surveys in different Industries
Table 1.2
168
1 278 253 99.5 0.5 2417 330 31.5 1023 94.3 5.7 1442.3 3.1
9 5.2 4.0
10 2.1 1.5
11 70.8 40.3
12 14.1 19.1
13 69.7 74.3
Beedi rolling in India (1995)
Man-made Fiber Textile Industry
(1996) 226 516 38.2 61.8 2751
Marine Fishing Industry in India
(1997) 200 62 213 38
1.0
5.2
1.8
84.1
17.2
44.7
Artistic Metalware industry in
India (1999)
3090
1.4
5.3
1.8
65.7
29.1
78.5
Table 1.3 Working and Living Conditions of Workers in Artistic Metalware Industry in India (1999)
NOTES
S.No. 1.
Item Description Percentage of Workers A. Directly Employed i) Male ii) Female iii) Children iv) Time Rated v) Piece Rated B) Through Contractor C) House Hold Workers i) Male ii) Female iii) Children Average Size of Family Average Number of earners per family Average monthly income per family Average monthly expenditure per family (including savings/investments) Literacy level rate in percentage Number of Migrant Workers Percentage of Indebted families
Value 93.4 6.6 32.0 68.0 -
70.5 17.8 11.7 5.3 1.8 Rs. 3,090/Rs. 3,090/67.1 3 29.1
2. 3. 4. 5. 6. 7. 8.
169
DBA 1748
NOTES
NOTES
170

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DBA 1748 INDUSTRIAL RELATIONS AND LABOUR WELFARE

IV SEMESTER COURSE MATERIAL

Centre for Distance Education

Author Dr. Dr. Joe Christy N

Reviewer Dr. R. K esan Dr. Kesan

Editorial Board Dr.T.V.Geetha .T.V Dr.T.V.Geetha

Dr.H.Peeru .H.Peer Dr.H.P eer u Mohamed

Dr.C Chellappan .C. Dr.C. Chella ppan

Dr.A.K .A.Kannan Dr.A.K annan

Copyrights Reserved (For Private Circulation only) ii

Dr. Joe Christy N Author

DBA 1748 INDUSTRIAL RELATIONS AND LABOUR WELFARE

1.7 1.8 1.9

1.10 1.11 1.12

UNIT II INDUSTRIAL CONFLICTS

2.11 2.12 2.13

UNIT III LABOUR WELFARE

3.4 3.5 3.6

79 80 80 81 82 88 88 88 90 94 94 94 95 98 100 101 101 103 104 104

105 106 106 107 108 109 111 112 116

UNIT IV INDUSTRIAL SAFETY

4.12 4.13 4.14

UNIT V WELFARE OF SPECIAL CATEGORIES OF LABOUR

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

125834 125834 125844 136356

1253468 1297458 1422155 1495671 1748065

7. Percentage of Components of Labour Cost to Total Labour Cost

180.02 187.84 197.85 207.72 212.30

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE

ANNA UNIVERSITY CHENNAI

INDUSTRIAL RELATIONS AND LABOUR WELFARE