Understanding Labour Laws: Industrial Jurisprudence

UNDERSTANDING LABOUR LAWS
INDUSTRIAL JURISPRUDENCE THE CODE DEALING WITH THE EMPLOYER AND EMPLOYEE RELATIONS ESTABLISHED THROUGH VARIOUS PRECEDENT SOMETHING TO DO WITH INDUSTRIAL LAWS- THE DEFINITION, MEANING, SCOPE INTERPRETATION ORIGIN AND CLASSIFICATION

INDUSTRIAL JURISPRUDENCE SOURCESTHE CONSTITUTION LEGISLATIVE ENACTMENTS JUDGE MADE-LAW OR JUDICIAL DECISIONS
LABOUR LEGISLATIONS:
EARLIER POLICY WAS TO PROTECT THE SOCIAL SYSTEM RATHER THAN TO PROTECT WORKERS WORKMENS BREACH OF CONTRACT ACT, 1859 EMPLOYERS AND WORKMENS (DISPUTE) ACT, 1860 BOMBAY FACTORY COMMISSION IN 1875 FIRST FACTORY ACT IN 1881, THEN 1891. FIRST MINES ACT IN 1901
PRIOR TO 1ST WORLD WAR(1914-18) THERE WAS NO LEGISLATION FOR THE GENERAL CLASS OF INDUSTRIAL WORKERS EVEN FACTORIES AND MINES ACTS WERE EYEWASH AFTER 1ST WORLD WAR CONDITIONS CHANGED ESTABLISHMENT OF ILO IN 1919, OF WHICH INDIA WAS A MEMBER SINCE ITS INCEPTION GAVE A GREAT FILLIP TO LABOUR LEGISLATION.
ALL LEGISLATIVE AND GOVERMENTAL INTERVENTION WAS DESIGNED ESSENTIALLY TO ACHIEVE TWO ENDS TO
PROVIDE FOR MINIMUM PROTECTIVE LEGISLATION AGAINST ABUSES OF THE INDUSTRIAL ENVIRONMENT AND EXPLOITATION, AND TO ENSURE THAT LABOUR MANAGEMENT FRICTIONS DID NOT DISTURB THE PEACE AND SECURITY OF THE STATE
OBJECTIVES:
TO PROTECT AND SAFEGUARD THE INTEREST AND WELL-BEING OF WORKING CLASS AGAINST THE ARBITARY AND UNILATERAL ACTIONS OF EMPLOYERS REGULATE AND IMPROVE THE WORKING CONDITIONS PROVIDE FOR STATUTORY FIXATION, PAYMENT AND REVISION OF MINIMUM WAGES PROMOTE INDUSTRIAL PEACE WITH PREVENTION AND SETTLEMENT OF INDUSTRIAL DISPUTES
OBJECTIVES:
GRANT FREEDOM OF ASSOCIATIONS TO WORKING CLASS TO FORM TRADE UNIONS PROVIDE SOCIAL SECURITY BENEFITS TO EMPLOYEES IN THE EVENT OF LOSS OF EARNING BECAUSE OF SICKNESS, MATERNITY, DISABLEMENT AND DEATH PROVIDES FOR WELFARE FACILITIES AND SOCIAL AMENITIES REGULATE THE EMPLOYMENT AND SERVICE CONDITIONS OF CONTRACT LABOUR AND THEIR ABOLITION.
(A)
CLASSIFICATION OF LABOUR ENACTMENTS LEGISLATION ON WORKING CONDITIONS:

1) 2) 3) 4) 5)
6)
FACTORIES ACT, 1948 THE PLANTATION LABOUR ACT, 1951 THE MOTOR TRANSPORT WORKERS ACT, 1961 THE CONTRACT LABOUR (R&A) ACT, 1970 SHOPS AND ESTABLISHMENT ACT THE CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986

CLASSIFICATION OF LABOUR ENACTMENTS (B) LEGISLATION ON WAGES:
1) 2)
3)
4) 5)
6)
THE PAYMENT OF WAGES ACT, 1936 THE MINIMUM WAGES ACT, 1948 THE PAYMENT OF BONUS ACT, 1965 THE EQUAL RENUMERATION ACT, 1976 SHOPS AND ESTABLISHMENT ACT THE CHILD LABOUR (PROHIBITION & REGULATION) ACT, 1986

CLASSIFICATION OF LABOUR ENACTMENTS (C) LEGISLATION ON SOCIAL SECURITY:
1)
2)
3)
4) 5)
THE WORKMENS COMPENSATION ACT, 1923 THE EMPLOYEES STATE INSURANCE ACT, 1948 THE EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 THE MATERNITY BENEFIT ACT, 1961 THE PAYMENT OF GRATUITY ACT, 1972

CLASSIFICATION OF LABOUR ENACTMENTS (D) LEGISLATION ON EMPLOYMENT AND TRAINING:
1)
2)
THE EMPLOYMENT EXCHANGE (COMPULSORY NOTIFICATION OF VACANCIES) ACT, 1959 THE APPRENTICE ACT, 1961

CLASSIFICATION OF LABOUR ENACTMENTS (E) LEGISLATION ON LABOUR WELFARE FUNDS:
1) 2)
3) 4)
THE MICA MINES LABOUR WELFARE FUND ACT, 1946 THE IRON ORE, MANAGNESE ORE, AND CHROME ORE MINES LABOUR WELFARE FUND ACT, 1976 THE LIMESTONE AND DOLOMITE LABOUR WELFARE FUND ACT, 1972 THE BEEDI WORKERS WELFARE FUND ACT, 1976

CLASSIFICATION OF LABOUR ENACTMENTS (F) LEGISLATION ON INDUSTRIAL RELATIONS:
1) 2)
3) 4)
THE TRADE UNION ACT, 1926 THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 THE INDUSTRIAL DISPUTES ACT, 1947 THE BOMBAY INDUSTRIAL RELATIONS ACT, 1946
FACTORIES ACT, 1948 PAYMENT OF GRATUITY ACT, 1972 WORKMENS COMPENSATION ACT, 1923 PAYMENT OF WAGES ACT, 1936 CONTRACT LABOUR (R&A) ACT, 1970 INDUSTRIAL EMPLOYMENT (STANDING ORDER) ACT, 1946 INDUSTRIAL DISPUTE ACT, 1947 MINES ACT 1952 TRADE UNION ACT, 1926
FACTORIES ACT, 1948

TO REGULATE THE HOURS & CONDN. OF WORK & OTHER RELATED MATTERS CONCERNING WORKERS EMPLOYED IN FACTORIES FACTORY: A MANUFACTURING UNIT EMPLOYING 10 OR MORE WHERE POWER IS USED/ 20 OR MORE IF POWER IS NOT USED
FACTORIES ACT, 1948- CONTD
OCCUPIER : ULTIMATE CONTROL OVER THE AFFAIRS OF THE FACTORY MANAGER : APPOINTED BY OCCUPIER TO MANAGE THE FACTORY WHOSE NAME TO BE NOTIFIED TO THE FACTORIES INSPECTORATE WORKER : EMPLOYED DIRECTLY OR BY OR THROUGH ANY AGENCY OR CONTRACTOR
FACTORIES ACT, 1948- CONTD.
MANUFACTURING PROCESS: MAKING, ALTERING, REPAIRING, FININSHING, PACKAGING, DEMOLISHING OR OTHERWISE TREATING OR ADOPTING ANY ARTICLE OR SUBSTANCE WITH A VIEW TO ISSUE, SALE, TRANSPORTING DELIVERY OR DISPOSAL
NON-COVERAGE: MINES, MOBILE UNITS OF ARMED FORCES, A RAILWAY RUNNING SHED
FACTORIES ACT, 1948 MAIN PROVISIONS
I. FOR HEALTH & HYGIENE 1. CLEANINESS - DIRT/REFUSE TO BE REMOVED DAILY SWEEPING & DISPOSED OFF IN SUITABLE MANNER - DISINFECTATION ON WEEKLY BASIS -EFFECTIVE DRAINAGE SYSTEM

2. WHITE WASHING & PAINTING
MUST BE DONE ONCE IN 14TH MONTH PAINTING/VARNISHING ONCE WASHABLE WATER PAINT WALL TO BE REPAINTED IN 3 YEARS - WASHED IN ATLEAST 6 MONTHS
3. VENTILATION/ TEMPERATURE
ADEQUATE VENTILATION CIRCULATION OF FRESH AIR REASONABLE TEMPERATURE
FOR
4. DUST AND FUMES
EFFECTIVE MEASURES TO PREVENT THE INHALATION & ACCUMULATION OF ANY DUST & FUMES
EXHAUST APPLIANCE NEAR POINT OF ORIGIN OF DUST
5. OVERCROWDING
500 cu. ft SPACE FOR EACH WORKER NOT APPLIED ABOVE 14 FEET NOTICE TO BE EXHIBITED IN EVERY WORKROOM FOR MAX. NO. OF WORKER
6. LIGHTING WELL LIT GLAZED WINDOWS & SKYLIGHTS USED FOR LIGHTING OF THE WORK PLACE MUST BE CLEAN WORK IN SHIFTS/ MORE THAN 48 HRS
GENERAL ILLUMINATION OVER INTERIOR PARTS PREVENT GLARING FROM ARTIFICIAL LIGHTS

7. DRINKING WATER ADEQUATELY PROVIDED AT CONVENIENT PLACES AWAY FROM WASHING, LATERINES ETC TAP CONNECTED TO SOURCE APPROVED BY HEALTH OFFICER DRINKING WATER LEGIBLY MARKED PROVISION FOR COOLING OF WATER IF MORE THAN 250 WORKERS WATER CENTRE/TANK FOR UPTO 500 WORKERS/ ONE FOR EVERY 500 WORKERS

8. LATRINES AND URINALS 1 FOR EVERY 25 PERSONS EMPLOYED SEPARATE FOR MALE AND FEMALE AND DISPLAYED/MARKED ADEQUATELY MAINTAIN CLEAN./ SANITRY AT ALL TIME CONFORM TO PUBLIC HEALTH REQUIREMENT PROPER DRAINAGE SYSTEM PROVIDED WITH WATER TAPS WHITE WASHED ONCE IN 4 MONTHS SWEEPER TO CLEAN THEM

9. SPITTOONS PROVIDED IN ADEQUATE NO. & AT CONVENIENT PLACES GALVANISED IRON CONTAINER FILLED WITH SAND & SPRINKLED BLEACHING POWDER CLEANED & DISINFECTED DAILY NOTICE TO DISPLAY NO ONE SHOULD SPIT ANYWHERE EXCEPT IN THE SPITTOONS
FACTORIES ACT, 1948 WELFARE
1. WASHING FACILITIES ADEQUATELY & CONVENIENTLY ACCESSIBLE SEPARATELY & PROPERLY MARKED FOR MALE & FEMALE CONSISTING OF SOAP, NAIL BRUSHES, OR SUITABLE MEANS OF CLEANING FAR FROM VICINITY OF LATERINES & URINALS TAP & WASHING FACILITIES
2. SITTING ARRANGEMENT ESSENTIAL TO PROVIDE SITTING ARRANGEMENTS DURING REST INTERVALS FOR WORKERS WHO HAVE TO WORK STANDING OR OTHERWISE

3. FIRST AID FACILITIES ATLEAST ONE FIRST AID-BOX/CUPBOARD FOR EVERY 150 WORKERS KEPT IN CHARGE OF A TRAINED PERSON READILY ACCESSIBLE A DISTINCT MARK OF RED CROSS ON WHITE BACK GROUND NOTICE CONTAINING THE NAMES-ADDRESSES OF THE PERSON IN CHARGE, NEAREST HOSPITAL & ITS TELEPHONE NUMBER
4. CANTEEN MUST IF MORE THAN 250 WORKERS MUST BE
150FT AWAY FROM LATRINES/URINALS, BOILER HOUSE, COAL STOCK, ASH DUMPS, DUST, SMOKE OR FUMES SMOOTH, IMPERVIOUS WALLS WITH FLY PROOF DOORS AND WINDOWS ADEQUATE VENTILATION & LIGHTING
4. CANTEEN
WHITE-WASHED OR COLOUR-WASHED ATLEAST ONCE IN A YEAR OR PAINTED ONCE IN 3 YEARS CLEAN & SANITARY CONDN. WITH SUITABLE DRAINAGE WORKING ON A NOT-FOR-PROFIT BASIS DINING HALL TO ACCOMMODATE ATLEAST 30% OF THE WORKERS AT A TIME

4. CANTEEN CANTEEN MANAGING COMMITTEE(CMC) MUST HAVE EQUAL NO. OF PERSONS ELECTED/ NOMINATED (1:1000). DISSOLVED BY MANAGER2 YEARS AFTER LAST ELECTION CANTEEN MANAGING COMMITTEE MUST BE APPOINTED TO ENSURE FOOD QUALITY/QUANTITY, TIME OF MEAL AND OTHER CONNECTED MATTER ACCOUNTS OF CANTEEN AUDITED EVERY YEAR AND BALANCE SHEET SUBMITTED TO CMC
5. SHELTERS, REST ROOMS, AND LUNCH ROOMS 6. CRECHES
FACTORIES ACT, 1948 WORKING HOURS

48 HOURS IN A WEEK 9 HOURS A DAY 5 HOURS IN A STRETCH SPREAD OVER 10 & HALF HOURS IN A DAY INCLUDING THE PERIOD OF REST COMPENSATORY OFF TO BE UTILISED WITHIN 2 MONTHS IMMEDIATELY FOLLOWING THAT MONTH.
FACTORIES ACT, 1948 WORKING HOURS
ENTITLED FOR OVERTIME IF WORKED MORE THAN 9 HOURS IN A DAY AND 48 HOURS IN A WEEK WORKING HOURS IN A WEEK INCLUDING OVERTIME DOESNT EXCEED SIXTY OVERTIME DOESNT EXCEED FIFTY IN A ONE QUARTER WOMEN NOT BE EMPLOYED IN NIGHT
FACTORIES ACT, 1948 ANNUAL LEAVE WITH WAGES
ATTENDANCE 240 DAYS OR MORE- LEAVE WITH WAGES ALLOWED @ 1:20 DAYS OF WORK INCLUDES LAY-OFF, MATERNIRY LEAVE FOR WOMEN EMPLOYEES WHILE COMPUTING 240 DAYS NOMINEE/LEGAL HEIR OF DECEASED WORKER TO BE PAID LEAVE WITH WAGES WITHIN A WEEK SAME IN CASE OF TERMINATION PAID @ DAILY AVERAGE OF HIS TOTAL FULL TIME EARNING
FACTORIES ACT, 1948 PENALTY
OFFENCE BY EMPLOYER IMPRISONMENT 3 MONTHS OR FINE Rs.2000/- OR BOTH IF CONTRAVENTION CONTINUES, FINE UP TO Rs.75/- FOR EACH DAY ACCIDENT CAUSING DEATH MIN. FINE Rs.1000/- OR Rs. 500/- IN CASE OF SERIOUS BODILY INJURED
IMPRISONMENT 3 MONTHS OR FINE Rs.500/- OR BOTH FOR WILFULLY OBSTRUCTING AN INSPECTOR,
FAILURE TO PRODUCE REGISTER, DOCUMENTS CONCEALING/PREVENTING A WORKER TO APPEAR BEFORE AN INSPECTOR WRONGFULLY DISCLOSING THE ANALYSIS OF SAMPLES TAKEN BY INSPECTOR

OBLIGATIONS OF THE WORKERS NO WORKER WILFULLY INTERFERE WITH OR MEASURE ANY HEALTH OR SAFETY APPLIANCE WILFULLY OR WITHOUT REASONABLE CAUSE ENDANGER HIMSELF WILFULLY NEGLECT USE OF HEALTH OR SAFETY APPLIANCE IMPRISONMENT - UP TO 3 MTH OR FINE UPTO Rs. 300/- OR BOTH
PAYMENT OF GRATUITY ACT, 1972
PAYMENT OF GRATUITY ACT, 1972

1.A LUMPSUM PAYMENT AS A SOCIAL SECURITY MEASURE AFTER SUPERANNUATION OR ON CESSATION OF EMPLOYMENT 2. INTO FORCE IN THE YEAR 1972 3. BECOMES A RIGHT OF THE EMPLOYEE ON FULFILLMENT OF CERTAIN CONDNS CONTNUOUS SERVICE NOT LESS THAN 5 YEARS
PAYMENT OF GRATUITY ACT, 1972 -CONTD
PAYABLE ON SUPERANNUATION
RETIREMENT OR RESIGNATION
DEATH/ DISABLEMENT ACCIDENT OR DISEASE DUE TO
PAYMENT OF GRATUITY ACT, 1972 CONTD
DETERMINATION: 5 YRS OF CONTINUOUS SERVICE. PAYABLE FOR THOSE YEARS ONLY IN WHICH THE WORKER HAS ATTENDANCE OF 240 DAYS OR MORE CALCULATION: 15 DAYS EMOLUMENTS FOR EACH COMPLETED YEAR OF SERVICE & PART THEREOF IN EXCESS OF 6 MONTHS
PAYMENT OF GRATUITY ACT, 1972 CONTD
SAIL GRATUITY CALCULATION: 15 DAYS EMOLUMENTS FOR EACH COMPLETED YEAR OF SERVICE & PART THEREOF IN EXCESS OF 6 MONTHS FOR 30 YEARS ONE MONTH SALARY FOR EACH COMPLETED YEAR BEYOND 30 YEARS.
WORKMENS COMPENSATION ACT, 1923
WORKMENS COMPENSATION ACT, 1923 COVERAGE : WORKERS WHO ARE
DIRECTLY/ INDIRECTLY EMPLOYED NOT IN ADMN. /CLERICAL CADRE NOT IN CASUAL EMPLOYMENT NOT COVERED BY E.S.I. ACT
W. COMPENSATION ACT, 1923 CONTD

COMPENSATION PAID FOR: DEATH RESULTS FROM INJURY PARTIAL DISABLE MENT TEMPORARY/ PERMANENT PERMANENT DISABLEMENT OCCUPATIONAL DISEASE SUCH AS SILICOSIS, COAL-MINERALS PHENMOCANIESSUS, ANTHRAX-, PHOSPHORUS-, BENZENE-POISIONING (SHEDULE III)
W. COMPENSATION ACT, 1923 CONTD
LIABILITY OF EMPLOYEE FOR COMPENSATION:LIABLE TO PAY COMPENSATION TO WORKMAN AND HIS DEPENDENT, IF A PERSONAL INJURY IS CAUSED BY ACCIDENT ARISING OUT OF AND IN COURSE OF EMPLOYMENT
PARTIAL DISABLEMENT TEMPORARY/ PERMANENT TOTAL DISABLEMENT (SCHEDULE I) DEATH
W. COMPENSATION ACT, 1923 - CONTD

NO LIABILITY OF EMPLOYER IF INJURY NOT EXCEEDING 3 DAYS ANY INJURY NOT RESULTING INTO DEATH/ PERMANENT DISABLEMENT CAUSED BY AN ACCIDENT DIRECTLY - UNDER INFLUENCE OF ALCOHOL OR DRUGS - DISREGARD OF SAFETY NORMS
W. COMPENSATION ACT, 1923 - CONTD
AMOUNT OF COMPENSATION DEATH 50% OF MONTHLY WAGES OF DECEASED WORKMEN X RELEVANT FACTOR OR Rs. 80,000/- WHICHEVER IS HIGHER PERMANENT DISABLEMENT 60% OF MONTHLY WAGES OF INJURED WORKMEN X RELEVANT FACTOR OR Rs. 90,000/- WHICHEVER IS HIGHER REL. FACTOR AT SCHEDULE IV OF ACT
W. COMPENSATION ACT, 1923 - CONTD DISTRIBUTION OF COMPENSATION
TO BE DEPOSITED WITH COMMISSIONER UNDER THE ACT NO DIRECT PAYMENT TO THE EMPLOYEE OR HIS DEPENDENT
W. COMPENSATION ACT, 1923 - CONTD PENALTIES PUNISHABLE WITH FINE OF Rs. 500/ON EVENT OF FAILURE TO MAINTAIN A NOTICE BOOK IN PRESCRIBED FORMAT SUBMIT STATEMENT IN PRESCRIBED FORMAT TO THE COMMISSIONER SUBMIT RETURNS TO THE GOVT. SPECIFYING THE NUMBERS OF INJURY
W. COMPENSATION ACT, 1923 - CONTD REPORT OF FATAL ACCIDENT
WITHIN 7 DAYS COMPENSATION TO BE DEPOSITED WITH COMMISSIONER WITHIN 30 DAYS
PAYMENT OF WAGES ACT, 1936
PAYMENT OF WAGES ACT, 1936 APPLICABILITY : WORKERS WHO ARE EMPLOYED IN ANY FACTORY ANY RAILWAY ADMINISTRATION EITHER DIRECTLY/INDIRECTLY ANY INDUSTRIAL ESTABLISHMENT OR ANY CLASS OR GROUP OF INDUSTRIAL ESATABLISHMENT DEFINED IN ACT
PAYMENT OF WAGES ACT, 1936- CONTD
WAGES ALL RENUMERATION EXPRESSED IN TERMS OF MONEY INCLUDING PAYMENT UNDER ANY AWARD SETTLEMENT AND PAYMENT IN RESPECT OF OVERTIME WORK AND HOLIDAYS DOESNOT INCLUDE HOUSE ACCOMODATION, LIGHT, WATER, MEDICAL FACILITY, TA, LTC, EMPLOYERS CONTRIBUTION TO PF OR PENSION.
PAYMENT OF WAGES: WAGE PERIOD TO BE FIXED NOT TO EXCEED ONE MONTH PAID BEFORE EXPIRE OF 7TH DAY AFTER THE WAGE PERIOD IF EMPLOYEES LESS THAN 1000 PAID BEFORE EXPIRE OF 10TH DAY AFTER THE WAGE PERIOD IF EMPLOYEES MORE THAN 1000

DEDUCTION: FINES, ABSENCE FROM DUTY DAMAGE TO OR LOSS OF EXPRESSLY ENTRUSTED GOODS OR MONEY HOUSE ACCOMODATION LOANS AND ADVANCES INCOME TAX LIC MADE WITH WRITTEN AUTHORIZATION
PAYMENT OF WAGES ACT, 1936- CONTD MAINTENANCE OF REGISTER & RECORDS OF PAYMENT & DEDUCTION
SHALL BE PRESERVED FOR 3 YEARS AFTER THE DATE OF LAST ENTRY MADE ABSTRACT OF THIS ACT & RULES TO BE DISPLAYED IN ENGLISH AND THE LANGUAGE OF MAJORITY
PENALTY FINE OF Rs. 200/- EXTENDED UP TO Rs. 1000/- FOR EACH OFFENCE- SUCH AS FAILS TO MAINTAIN REGISTER & RECORDS REFUSAL OF FURNISH SUCH INFORMATION OR RETURNS FALSE INFORMATION OBSTRUCTS AN INSPECTOR IN THE DISCHARGE OF HIS DUTIES REFUSAL TO PRODUCE REGISTER/ DOCUMENTS UNDER THIS ACT
W. COMPENSATION ACT, 1923 - CONTD PENALTIES PUNISHABLE WITH FINE OF Rs. 100/FOR EACH DAY FOR WHICH THE FAILURE OR NEGLECTS CONTINUE -WILFULLY NEGLECT TO PAY THE WAGES OF AN EMPLOYED PERSON
CONTRACT LABOUR
(REGULATION & ABOLITION) ACT, 1970
CONTRACT LABOUR (R&A) ACT, 1970

OBJECTIVE TO REGULATE THE EMPLOYMENT OF CONTRACT LABOUR IN CERTAIN ESTABLISHMENTS AND TO PROVIDE FOR ITS ABOLITION IN CERTAIN CIRCUMSTANCES AND FOR MATTER CONNECTED WITH IT
CONTRACT LABOUR (R&A) ACT, 1970 CONTD
APPLICABILITY
ESTABLISHMENT IN WHICH 20 OR MORE WORKMEN ARE EMPLOYED OR WERE EMPLOYED ON ANY DAY PRECEDING 12 MONTHS AS CONTRACT LABOUR COVERS EVERY CONTRACTOR WHO EMPLOYS OR EMPLOYED ON ANY DAY OF THE PRECEDING 12 MONTHS, 20 OR MORE WORKERS
WELFARE MEASURES
PROVISION OF CANTEEN IF 100 OR MORE WORMEN FIRST AID FACILITIES NO. OF RESTROOMS AS REQUIRED UNDER ACT DRINKING WATER, WASHING AND LATERINE FACILITIES
CONTRACT LABOUR (R&A) ACT, 1970 CONTD LIABILITY OF PRINCIPAL EMPLOYER TO ENSURE CANTEEN, RESTROOMS, SUFFICIENT SUPPLY OF DRINKING WATER, LATERINES/ URINALS, WASHG FACILITY ENTITLED TO RECOVER FROM THE CONTRACTOR FOR PROVIDING SUCH AMENITIES OR TO MAKE DEDUCTIONS FROM AMOUNT PAYABLE
REPONSIBILITY OF THE CONTRACTOR TO PAY WAGE ON TIME & ENSURE PAYMENT BEFORE AUTHORIZED REPRESENTATIVE OF THE PRINCIPAL EMPLOYER WAGES PAID TO BE @ FIXED OR PREVAILING IN SUCH EMPLOYMENT MAINTAIN MUSTER ROLL, WAGE REGISTER, DEDUCTION REGISTER AND OVERTIME REGISTER
INDUSTRIAL EMPLOYMENT (STANDING ORDER) ACT, 1946
REQUIRES IN INDUSTRIAL ESTABLISHMENTS TO DEFINE WITH PRECISION THE CONDITIONS OF EMPLOYMENT TO THE WORKMEN AND MADE THEN AWARE. STANDING ORDERS: RULES OF AN ESTABLISHMENT CONCERNING BASIC TERMS AND CONDITIONS OF EMPLOYMENT OF WORKMAN
INDUSTRIAL EMPLOYMENT (STANDING ORDER) ACT, 1946 APPLICATION: APPLIES TO ALL INDUSTRIAL ESTABLISHMENT EMPLOYING 100 OR MORE WORKMEN. IT DOESNT CEASE TO APPLY ON ACCOUNT OF FALL IN NUMBER OF WORKMEN BELOW 100, ONCE ACT BECOMES APPLICABLE MODEL STANDING ORDER IS APPLICABLE IN ABSENCE OF CERTIFIED STANDING ORDER
INDUSTRIAL EMPLOYMENT (STANDING ORDER) ACT, 1946.
SUBMISSION OF DRAFT STANDING ORDERS: DRAFT IN 5 COPIES TO BE SUBMITTED BEFORE CERTIFYING OFFICER WITHIN SIX MONTH FROM THE DATE ON WHICH THE ACT BECOMES APPLICABLE PARTICULARS OF WORKERS EMPLOYED INCLUDING NAME OF TRADE UNION TO BE GIVEN
CONDITION OF CERTIFICATION SHALL CONFIRM AS FAR AS PRACTICABLE TO THE MODEL STANDING ORDERS IT INCLUDES CLASSIFICATION OF WORKMEN WORKING HOURS ATTENDANCE
CONDITION OF CERTIFICATION - CONTD PROCEDURE FOR LEAVE MISCONDUCT AGE OF RETIREMENT ETC. BINDING ON EMPLOYER AS WELL AS EMPLOYEE BECOMES FUNCTIONAL AFTER 30 DAYS OF AUTHENTICATION
3. TEXT TO BE ENGLISH AND LANGUAGE OF MAJORITY 4. NOT LIABLE FOR MODIFICATION WITH 6 MTHS OF COMING INTO OPERATION 5. FOR MODIFICATION DRAFT IN 5 SETS TO BE SUBMITTED TO CERTIFYING AUTHORITY.
INDUSTRIAL DISPUTE ACT, 1947
INDUSTRIAL DISPUTE ACT, 1947

INDUSTRY : ANY SYSTEMATIC ACTIVITIES CARRIED ON BY EMPLOYER AND EMPLOYEE FOR THE PRODUCTION, SUPPLY OR DISTRIBUTION OF GOODS OR SERVICES WORKMAN: EMPLOYED IN INDUSTRY TO DO ANY MANUAL, UNSKILLED TO SKILLED, TECH. OPERATION, CLERICAL OR SUPERVISORY WORK
INDUSTRIAL DISPUTE ACT, 1947 CONTD
INDUSTRIAL DISPUTE:
ANY DISPUTE/ DIFFERENCES BETWEEN EMPLOYER WORKMEN, WORKMANWORKMAN, EMPLOYER EMPLOYER CONNECTED WITH EMPLOYMENT OR NON-EMPLOYMENT

AUTHORITIES UNDER THE ACT: CONCILIATION OFFICERS, BOARD OF CONCILIATION, LABOUR COURTS, TRIBUNALS STRIKES AND LOCK OUTS: CESSATION OF WORK/ CONCERTED REFUSAL TO CONTINUE TO WORK BY A BODY OF WORKMEN
LOCKOUT -THE TEMPORARY CLOSING OF A PLACE OF EMPLOYMENT - SUSPENSION OF WORK -REFUSAL OF EMPLOYER TO CONTINUE WITH THE PRESENT EMPLOYEE
LAY OFF & RETRENCHMENT
LAYOFF FAILURE, REFUSAL OR INABILITY OF AN EMPLOYER SHORTAGE OF COAL, POWER, OR RAW MATERIALS ACCUMULATION OF STOCKS BREAKDOWN OF MACHINERY NATURAL CALAMITY
RETRENCHMENT TERMINATION OF ANY WORKMEN FROM THE SERVICES BY THE EMPLOYER OTHER THAN - PUNISHMENT INFLICTED - VR - SUPERANNUATION ETC.

PENALTY ILLEGAL STRIKE BY WORKMEN Rs. 50/- OR 1 MONTH IMPRISONMENT OR BOTH ILLEGAL LOCKOUT BY EMPLOYER Rs.1000/OR 1 MONTH IMPRISONMENT OR BOTH BREACH OF CONTRACT SIX MONTHS IMPRISONMENT OR FINE OR BOTH CLOSURE WITHOUT COMPLY THE PROVISIONS OF ACT Rs. 5000/-
MINES ACT,1952
MINES ACT, 1952

DEFINITION:
TO REGULATE THE HOURS & CONDN. OF WORK & OTHER RELATED MATTERS CONCERNING WORKERS EMPLOYED IN MINES. (AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO THE REGULATION OF LABOUR AND SAFETY IN THE MINE MINES: ANY EXACAVATION WHERE ANY OPERATION FOR THE PURPOSE OF ESACHING FOR OR OBTAINING MINERALS HAVE BEEN CARRIED ON, & INCLUDES
MINES ACT, 1952
ALL BORINGS, BORE HOLES, OIL WELLS AND ACCESSORY ALL OPEN CAST WORKINGS ALL CONVEYORS OR ARIEL ROPE WAY USED FOR TRANSPORTATION OF MINERAL OR OTHER ARTICLES ALL PROTECTIVE WORKS CARRIED OUT IN OR ADJACENT TO MINES ALL OTHE ELECTRICAL INSTALLATIONS FOR THE URPOSE OF MINE ETC.
MINES ACT, 1952

MANAGER:
APPOINTED BY OWNER/AGENT TO MANAGE THE MINES WHOSE NAME TO BE NOTIFIED TO THE MINES INSPECTORATE(DGMS). OWNER: IMMEDIATE PROPRIETOR OR LESSEE OR OCCUPIER OF THE MINE OR OF ANY PART THEROF AND IN THE CASE OF A MINE THE BUSINESS WHEROF BEING CARRIED ON BY A LIQUIDATOR OR RECEIVER.
MINES ACT, 1952

AGENT: MEANS
EVERY PERSON WHETHR APPOINTED AS SUCH OR NOT, WHO, ACTING OR PURPORTING TO ACT ON BEHALF OF THE OWNER, TAKES PART IN THE MANAGEMENT, CONTROL, SUPERVISION OR DIRECTION OF THE MINE OR OF ANY PART THEREOF.
EMPLOYED:
WHO WORKS AS MANAGER/ WORKS UNDER APPOINTMENT BY THE OWNER, AGENT OR MANAGER OR WITH THE KNOWLEDGE OF THE MANAGER WHETHER FOR WAGES OR NOT
MINES ACT, 1952

INSPECTORS: AN INSPECTOR OF MINES
APPOINTED UNDER THIS ACT, AND INCLUDES A DISTRICT MAGISTRATE WHEN EXERCISING ANU POWER OR PERFORMING ANY DUTY AS INSPECTOR POWERS OF INPECTORS: EXAMINE AND INQUIRY IN ORDER TO ASCERTAIN WHETHER THE PROVISIONS OF THIS ACT AND THE REGULATIONS, RULES, BYE LAWS ENTER, INSPECT AND EXAMINE AT ANY TIME BY DAY AND NIGHT
MINES ACT, 1952

POWERS
EXAMINE INTO AND MAKE INQUIRY RESPECTING THE STATE AND CONDITION OF THE ANY MINE OR ANY PART THEREOF, THE VENTILATION OF THE MINE AND ALL OTHER MATTERS AND THINGS CONNECTED WITH OR RELATING TO THE HEALTH, SAFETY, WELFARE OF THE PERSONS EMPLOYED IN THE MINE.
OF
INPECTORS:
MINES ACT, 1952

VARIOUS PROVISIONS UNDER THIS ACT:
1.
HEALTH AND SAFETY DRINKING WATER: ADEQUATELY PROVIDED AT CONVENIENT PLACES AWAY FROM WASHING, LATERINES ETC (NOT LESS THAN 6 METRES) TAP CONNECTED TO SOURCE APPROVED BY HEALTH OFFICER DRINKING WATER LEGIBLY MARKED PROVISION FOR COOLING OF WATER
MINES ACT, 1952

HEALTH AND SAFETY 2. CONSERVANCY: SEPARATE FOR MALE AND FEMALE AND DISPLAYED/MARKED ADEQUATELY. SHOULD BE IN PROPORTION TO THE NUMBER OF THE MALES AND FEMALES EMPLOYED IN THE MINE MAINTAIN CLEAN./ SANITRY AT ALL TIME ADEQUATELY LIGHTED AND VENTILATED
MINES ACT, 1952

ATLEAST ONE FIRST AID-BOX/CUPBOARD FOR EVERY 150 WORKERS OR ONE FIRST-AID ROOM. KEPT IN CHARGE OF A TRAINED PERSON READILY ACCESSIBLE A DISTINCT MARK OF RED CROSS ON WHITE BACK GROUND NOTICE CONTAINING THE NAMESADDRESSES OF THE PERSON IN CHARGE, NEAREST HOSPITAL & ITS TELEPHONE NUMBER
HEALTH AND SAFETY 3. MEDICAL APPLIANCES
MINES ACT, 1952

HOURS AND LIMITATION OF THE EMPLOYMENT FOR ABOVE GROUND 48 HOURS IN A WEEK 9 HOURS A DAY 5 HOURS IN A STRETCH. REST ATLEAST HALF AN HOUR SPREAD OVER 14 HOURS IN A DAY INCLUDING THE PERIOD OF REST COMPENSATORY OFF IF WORKED ON REST DAYS TO BE UTILISED WITHIN 2 MONTHS IMMEDIATELY FOLLOWING THAT MONTH.
MINES ACT, 1952

HOURS AND LIMITATION OF THE EMPLOYMENT
FOR BELOW GROUND 48 HOURS IN A WEEK 8 HOURS A DAY SPREAD OVER NOT BEYOND WORKING HOUR
THE
MINES ACT, 1952

NIGHT SHIFT SHIFTS BEYOND MIDNIGHT REST A PERIOD OF 24 CONSECUTIVE HOURS WHEN SHIFT ENDS HOURS WORKED AFTER MIDNIGHT WILL BE COUNTED IN PREVIOUS DAY.
MINES ACT, 1952

EXTRA WAGES FOR OVERTIME ENTITLED FOR OVERTIME IF WORKED MORE THAN 9 HOURS IN A DAY AND 48 HOURS IN A WEEK(ABOVE GROUND) TWICE THE RATE OF HIS ORDINARY WAGES
MINES ACT, 1952

LEAVE WITH WAGES
LEAVE SHALL NOT INCLUDE WEEKLY DAYS OF REST OR HOLIDAYS OR OTHER SIMILSR OCCASIONS WHETHER OCCURRING DURING OR AT THE EITHER END TO THE PERIOD OF LEAVE
ATTENDANCE 240 DAYS OR MORE- LEAVE WITH WAGES ALLOWED @ 1:20 DAYS OF WORK FOR ABOVE GROUND/ @ 1:15 DAYS OF WORK FOR BELOW GROUND CALENDER YEAR- 12 MONTHS BEGINNING WITH 1ST JANUARY IN ANY YEAR.
MINES ACT, 1952

REGULATION RULES AND BYE-LAWS
CENTRAL GOVT. IS EMPOWERED TO FRAME/MAKE RULES. LAYING OF REGULATIONS, RULES AND BYE-LAWS IS TO PLACE BEFORE PARLIAMENT.
MINES ACT, 1952

PENALTIES AND PROCEDURES
OBSTRUCTION TO INSPECTOR: 3 MONTHS IMPRISONMENT, OR Rs. 500/- FINE OR BOTH FALSIFICATION OF RECORDS ETC.: 3 MONTHS IMPRISONMENT, OR Rs.1,000/- FINE OR BOTH USE OD FALSE CERTIFICATE OF FITNESS.: 01 MONTH IMPRISONMENT, OR Rs.200/- FINE OR BOTH FAILURE TO APPOINT MANAGER: 3 MONTHS IMPRISONMENT, OR Rs.2,500/- FINE OR BOTH
TRADE UNION ACT, 1926
OBJECTIVE:
TO PROVIDE A LEGAL INFRASTRUCTURE WITHIN WHICH TRADE UNIONS CAN OPERATE AND PURSUE THEIR LAW FUL ACTIVITIES
TRADE UNION: MEANS ANY COMBINATIN,
WHETHER TEMPORARY OR PERMANENT, FORMED PRIMARILY FOR THE PURPOSE OF REGULATING THE RELATIONS BETWEEN WORKMEN & EMPLOYER, WORKMEN & WORKMWN OR EMPLOYERS & EMPOYERS EXECUTIVE: MEANS THE BODY TO WHICH THE MANGEMENT OF THE AFFAIRS OF TRADE UNION, IS ENTRUSTED OFFICE-BEARER: MEANS ANY MEMBER OF THE EXECUTIVE.
TRADE
MEANS ANY DISPUTE BETWEEN WORKMEN & EMPLOYER, WORKMEN & WORKMWN OR EMPLOYERS & EMPOYERS IN CONNECTION WITH EMPLOYMENT, NON-EMPLOYMENT, OR THE TERMS OF CONDITIONS F LABOUR
DISPUTE:
REGISTRATION:
ANY SEVEN OR MORE MEMBERS OF A TRADE UNION MAY, BY SUBSCRIBING THEIR NAMES, AS PER THE RULES OF THE TRADE UNION ACT MAY APPLY FOR REGISTRATION TO THE REGISTRAR OF TRADE UNION. THE REGISTRAR ON REGISTERING THE UNION AFTER SATISFYING THAT THE SUBMISSION IS MADE AS PER RULE ISSUES CERTIFICATE OF REISTRATION
NO OFFICE-BEARER/MEMBER OF A REISTERED TRADE UNION LIABLE FOR PUNISHMENT CRIMINAL CONSPIRACY IN TRADE DISPUTES IMMUNITY FROM CIVIL SUIT IN CERTAIN CASES ENFORCEBILITY OF AGREEMENT RIGHT TO INSPECT BOOKS OF TRADE UNION
RIGHTS & LIABILITIES:

RIGHTS & LIABILITIES:
TO FILE RETURNS ANNUALLY TO RESISTRAR TO NOTIFY THE CHANGE IN RULES OF A RESISTERED TRADE UNION.

REGULATIONS:
THE APPROPRIATE GOVT. CAN MAKE THE REGULATIONS FOR THE PURPOSE OF CARRYING INTO EFFECT THE PROVISIONS OF THE ACT.
THE REGULATION SHOULD BE PUBLISHED IN THE OFFICIAL GAZETTE

DISSOLUTIONS:
NOTICE TO BE GIVEN WITHIN 14 DAYS FROM THE DATE OF DISSOLUTION BY SEVEN OF ITS MEMBER THE REGISTRAR AFTER SATISFYING HIMSELF THAT THE DISSOLUTION IS DONE AS PER RULES, REGISTER THE SAME
AMALGATION:
TWO OR MORE TRADE UNION FORMS ONE TRADE UNION BY CONSENT OF ITS MEMBERS. MINIMUM 60% VOTE SHOULD BE IN FAOUR OF THE SAME THE REGISTRAR AFTER SATISFYING HIMSELF THAT THE AMALGATION IS DONE AS PER PROVISIONS OF THE ACT, REGISTER THE SAME
CHANGE OF NAME: TWO THIRDS OF
MEMBERS ARE IN FAVOUR AND IT IS IN ACCORDANCE WITH THE SECTION 25 OF THE ACT. THE REGISTRAR AFTER SATISFYING HIMSELF THAT THE AMALGATION IS DONE AS PER PROVISIONS OF THE ACT, REGISTER THE SAME

PENALTIES AND PROCEDURE:

FAILURE TO SUBMIT RETURNS: FINE OF RS.500/- AND MAY INCREASE BY Rs. 5/- PER WEEK IF IT CONTINUES SUPPLYING FALSE INFORMATION: FINE OF RS.250/-
THANK YOU FOR PATIENT LISTENING

Understanding Labour Laws: Industrial Jurisprudence

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Understanding Labour Laws: Industrial Jurisprudence

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UNDERSTANDING LABOUR LAWS