International Journal of Research and Development - A Management Review (IJRDMR)

________________________________________________________________________________________________

Impact of health & safety provisions under Factories Act, 1948 for
protection of Labour rights in Real Estate Industry of Pune
Meera Singh
G.H Raisoni Institute of Engineering and Technology.
Pune- 411014,Maharashtra, India
1
[email protected]

Abstract— There has been a constant struggle going on I. INTRODUCTION

between labour and capital. Capital has been exploiting the Factories Act, 1948 is an act to consolidate and amend
labour to their own maximum benefit for they have better
the law regulating labour in factories. The main
economic footing and power to dictate their terms. The
industrial unrest and economic discontent led to a number objective of the Act is to ensure adequate safety
of strikes and labour troubles. In Pre- Independence era measures but also to promote health and welfare of the
the workers were generally illiterate, poor and unconscious workers employed in factories as well as to prevent
of their rights. Neither the government nor the Law Court haphazard growth of factories [1]. A large number of
took notice to these labour problems arising in the country labour legislations have been enacted to promote the
as they believed in the policy of non-interference in condition of labour, keeping in view the development of
employer and employees relation. The situation, with lapse industry and national economy. But for industrial
of time, became so worse and the society was so much regeneration it is necessary that the partners of industry
adversely affected that the government was forced to take
must cure their respective defects [6].
some measures. In the post-independence period the
national government paid attention to the improvement in Since independence, a lot has been done by legislation
conditions of labour health in industry as the prosperity of and public opinion to improve the conditions of workers
the country lies upon the development of industrial growth. but unfortunately the employers have not responded
There were two basic concept on which the labour
legislation were framed, first was that the wage earner is a
appreciably [2]. It is high time that employers must
partner in the production hence should be allowed due realize that it is their duty as a citizen of a democratic
share of the profits in production. Secondly, individual country to forego their acquisitive tendencies of the past
employer as well as community as a whole is under and set a new standardized future of country [5]. At the
obligation to protect the well-being of the workers. same time it is the duty of the workers to realize their
responsibility in improving the work efficiency and help
Due to health & safety provisions of Factories Act, 1948,
the worker’s life is protected. If they were exposed to in stepping up production resulting in greater profits,
serious accidents due to not properly screened machines and prosperity of the industry to be ultimately shared by
then they have right to compensation. Without a valid the managements, workers and community at large.
reason the labours are not discharged, suspended or
dismissed. Due to health provisions of Factories Act, 1948,
The employers should concede to the worker’s demand
labours have proper sanitation and healthy working of representation in the control of industrial system [3].
environment. Furthermore, children and women are not Workers are the dominant partners in the industrial
assigned hazardous condition of work and it is an offence undertaking and without their cooperation and good
to make them work at odd hours. During the 1980’s and work, discipline, integrity and character; the industry
1990s”economic reforms” and shift in industrialization will not be able to produce effective results or profits [4].
strategy took place. But labour policy and laws are not However efficient the machine touch in the industry
dovetailed with industrial and economic policies. There is a may be, if the human element refuses to cooperate, the
perception that the existing laws give unions in the industry is bound to fail in the long run [7]. Therefore,
organized sector virtually a veto power to block changes.
Further, that labour legislation paved the way for
the profits of the industry must be shared by employers,
multiplicity of unions, growth in inter and intra union workers and the community, the workers having a
rivalry, exacerbation of industrial strife excessive dominant share, being the producers of wealth. There
intervention by State in industrial relations. My research should be proper implementation of health & safety
basically focuses on Impact of health & safety provisions of provisions under Factories Act, 1948 for protection of
Factories Act, 1948 for protection of Labour Rights in real Labour rights.
estate Industry of Pune.
II. NEED/IMPORTANCE OF THE STUDY
Keywords—Labour rights, Factories Act, Labour welfare
Policies, Labour protection, Health & safety of labours.
________________________________________________________________________________________________
ISSN (Print): 2319–5479, Volume-3, Issue–2, 2014
14
 International Journal of Research and Development - A Management Review (IJRDMR)
________________________________________________________________________________________________

The importance of this research is to have an overview IV. RESEARCH METHODOLOGY

of Health & safety provisions under Factories Act, 1948
for protection of Labour rights in real estate Industry of The questionnaire method was used to collect the
Pune till now. Here, I have also discussed the information from 160 labours from different
advantages and disadvantages of the Health & safety construction sites of residential and commercial
provisions under Factories Act, 1948 for protection of complexes in Pune. A structured questionnaire was
Labour rights in real estate Industry of Pune. After the administered to 160 labours in Pune. The data from male
research we will be able to: and female respondents from different sites were
collected. There was a personal interaction with the
(i) Understand the different Post-Independence Dynamic respondents to collect some important information.
Reforms in Indian Labour Law
V. COLLECTION OF DATA
(ii) Understand the role of Health & safety provisions
under Factories Act, 1948 for protection of Labour The questionnaire method was used to collect the
rights in real estate Industry of Pune in the development information from 160 labours from different
of industrial growth. Thus there were two basic concepts construction sites of residential and commercial
on which the labour legislation was framed. The wage complexes in Pune. A structured questionnaire was
earners are a partner in the production and hence have administered to 160 labours in Pune. The data from male
his due share in the profit of productions. The and female respondents from different sites were
communities as a whole as well as individual employer collected. There was a personal interaction with the
are under obligation to protect the well-being of workers. respondents to collect some important information.
(iii) Discuss the advantages of Health & safety A. DATA INTERPRETATION BY LABOUR
provisions under Factories Act, 1948 for protection of SURVEY
Labour rights in real estate Industry of Pune.
TABLE I
(iv) Discuss the difficulties in implementation of Health
LABOURS VIEW ABOUT THE CONSTRUCTION COMPANIES
& safety provisions under Factories Act, 1948 for
HEALTH & SAFETY PROVISIONS AS PER FACTORIES ACT
protection of Labour rights in real estate Industry of
1948
Pune.
Sr. No.of
(v) Describe interrelationship between different Particulars Percentage
No. Labours
elements of health & safety provisions under Factories
1 Excellent(5) 16 10
Act, 1948 for protection of Labour rights in real estate
Industry of Pune. 2 Above Average(4) 0 0
3 Good(3) 107 66.88
(vi) Know the subject-matter of health & safety 4 Average(2) 37 23.12
provisions under Factories Act, 1948 for protection of 5 Poor(1) 0 00
Labour rights in real estate Industry of Pune. Total 160
(vii) Know the future scope of Health & safety According to the data observation noted in Table I, it has
provisions under Factories Act, 1948 for protection of been found that most of the Labours have a good feeling
Labour rights in real estate Industry of Pune. about the construction company. Even some of the
III. OBJECTIVES Labours feel excellent for the construction companies.
But when we analyse the percentage of Labours who
The major objective of the paper is to examine feel average about the construction companies, we can
say that they are moving towards dissatisfaction.
(i) To understand the Impact of health & safety
provisions under Factories Act, 1948 for protection of TABLE II
Labour rights in Real Estate Industry of Pune.
LABOURS WORKING TENURE AT THE SAME
(ii) To discuss the advantages of Impact of health & CONSTRUCTION COMPANY FOR FIVE YEARS & ABOVE
safety provisions under Factories Act, 1948 for
protection of Labour rights in Real Estate Industry of Sr.No. No.of
Particulars Percentage
Pune. Labours
1 Yes 134 83.75
(iii) To discuss the Impact of health & safety provisions 2 No 26 16.25
under Factories Act, 1948 for protection of Labour Total 160
rights in Real Estate Industry of Pune.
(iv) To know the subject-matter of Impact of health & As per the data analysis noted in Table II, maximum
safety provisions under Factories Act, 1948 for labours are working in same construction company for
protection of Labour rights in Real Estate Industry of five years and more. The reason is that these companies
Pune. of real estate industry of Pune are following the rules of
health and safety as per Factories Act, 1948.
________________________________________________________________________________________________
ISSN (Print): 2319–5479, Volume-3, Issue–2, 2014
15
 International Journal of Research and Development - A Management Review (IJRDMR)
________________________________________________________________________________________________

TABLE III From the interpreted data noted in Table VI, most of the
labours are satisfied with their current construction
BUILDERS ARE FOLLOWING THE HEALTH & SAFETY
company as they feel that they are receiving health and
PROVISIONS UNDER FACTORIES ACT, 1948
safety benefits from the developers. But 46.88% of the
Sr. No.of Labours are not satisfied because of the brand of the
Particulars Percentage company their expectations were very high.
No. Labours
1 Excellent(5) 5 3.13 TABLE VII
2 Above Average(4) 0 0
3 Good(3) 123 76.87 LABOURS ARE FAMILIAR WITH THE HEALTH & SAFETY
4 Average(2) 32 20 PROVISIONS OF FACTORIES ACT 1948
5 Poor(1) 0 0 Sr. No. No.of
Total 160 Particulars Percentage
Labours
As we can see in the data noted in Table III, it can be 1 Yes 144 90
interpreted that approximately majority labours have 2 No 16 10
found good health & safety provisions in construction Total 160
companies, the reason for that I have found is more It is good to see from the data analysis noted in Table
emphasis on labour welfare in real estate industry. VII, that most of the labours are familiar with customer
TABLE IV care policies of the company except only 10% of the
labours are not familiar with it because of their
LABOURS HAVE RECEIVED PROPER BENEFITS OF HEALTH ignorance.
& SAFETY PROVISIONS AS PER FACTORIES ACT 1948
TABLE VIII

Sr.No. Particulars No.of Labours Percentage LABOURS SATISFACTION IN THEIR CURRENT

CONSTRUCTION COMPANIES RELATED TO HEALTH &
1 Yes 51 31.88 SAFETY PROVISIONS AS COMPARE TO OTHER
CONSTRUCTION COMPANIES AS PER FACTORIES ACT 1948
2 No 109 68.12
Sr. No.of
Total 160 Particulars Percentage
No. Labours
From the data analysis noted in Table IV, we can 1 Yes 91 56.87
interpret that more than half of the labours are 2 No 69 43.13
dissatisfied because they have not received the proper Total 160
benefits of health & safety provisions as per factories act
1948.
TABLE V It is clear from the above data noted in Table VIII, chart
LABOURS VIEW ABOUT WHETHER THE CONSTRUCTION that only 56.87% labours are satisfied with the facilities
COMPANIES HEALTH & SAFETY PROVISIONS ARE AS PER and remaining 43% labours are not satisfied because
FACTORIES ACT 1948 they compared to the health and safety provisions with
other state’s builders and secondly they were expecting
more.
Sr.No. Particulars No.of Labours Percentage
TABLE IX
1 Yes 64 40 THE MAJOR LAPSE IN FOLLOWING HEALTH & SAFETY
2 No 96 60 PROVISIONS UNDER FACTORIES ACT, 1948 IN REAL
ESTATE INDUSTRY
Total 160
Sr. No.of Percenta
Particulars
As per the data collected in Table V, it can be stated that No. Labours ge
the labours are getting the health and safety benefits but 1 Leave policies are not
21 13.12
not as per the provisions of Factories Act 1948. clear
TABLE VI 2 Latrines and urinals
LABOURS ARE SATISFIED FROM THE CONSTRUCTION are not regularly clean 27 16.87
COMPANIES HEALTH & SAFETY PROVISIONS and Maintained
Sr.No. No.of 3 Project Manager is a
Particulars Percentage 6 10
Labours Welfare Officer
1 Yes 85 53.12 4 Securing ladders 32 20
2 No 75 46.88 5 Not inspecting
64 40
Total 160 scaffolding
Total 160

________________________________________________________________________________________________
ISSN (Print): 2319–5479, Volume-3, Issue–2, 2014
16
 International Journal of Research and Development - A Management Review (IJRDMR)
________________________________________________________________________________________________

According to data findings noted in Table IX, the major (ii) The builders must improve processes that define,
contravention in following health and safety as per improve and support health and safety provisions of the
Factories Act, 1948 practices in real estate industries are labours as per are Factories Act 1948. Job satisfaction is
no clear leave policies of contractual labours, Latrines also influenced by health and safety provisions for the
and urinals are not regularly cleaned and maintained, labours of a company.
Project Manager is a welfare officer. Also, procedures
(iii) Implementing health and safety provisions of the
such as securing ladders and inspecting scaffolding are a
labours as per are Factories Act 1948 is easy if the
major lapse in following health & safety provisions
employers believe in ethical practices. Thus the ethical
under Factories Act, 1948.
practices bring conjuring effects to attain high labour
VI. FINDINGS productivity.
(i) According to the data observation it has been found (iv) Builder can gain control over processes by working
that most of the labours have a good feeling about some with and for labours welfare and thus eliminates
construction companies because they follow health & industrial disputes.
safety provisions under Factories Act, 1948 for (v) The major lapse is procedure such as not securing
protection of Labour rights. ladders and even not inspecting scaffolding in following
(ii) It has been observed that few labours are moving health & safety provisions under Factories Act, 1948.
towards dissatisfaction due to certain lapse of the Hence the builders should launch a project after securing
builders in following, health & safety provisions under ladders and inspecting scaffolding.
Factories Act, 1948. (vi) The leave policies are not clear to contractual
(iii) As per the data analysis maximum labours are labours, Latrines and urinals are not regularly clean and
working in same construction company for five years Maintained and Project Manager is a Welfare Officer,
and more. Thus these companies are of real estate are the most commonly major contravention in
industry of Pune are following the rules of health and following health and safety as per Factories Act, 1948 in
safety as per Factories Act, 1948. real estate industry. Hence the construction company
can easily achieve goal congruence with labours goal by
(iv) As we can see in the above chart approx. according curbing all these issues.
to the views of maximum labours it is clear that they
have find that there is proper protection provided to (vii) Employers of real estate industry should purchase
them against industrial and occupational hazards. From proper safety equipment such as harnesses and
the data analysis we can interpret that half of the labours guardrails. This will avoid any kind of accidents at site.
are satisfied with current norms of health and safety as
VIII. LIMITATIONS OF THE STUDY
per Factories Act, 1948, which is followed at
construction sites of Pune. As per provisions related to (i) The personal biases of the respondents might have
health & safety provisions under Factories Act, 1948, entered in to their response.
the labours working in real estate industry have received
almost the same benefits and facilities. The reasons for (ii) Time allotted for survey was less.
the dissatisfaction of remaining labours are few (iii) Some of the respondent did not respond to the
problems. question which may affect the analysis.
(v) From the interpreted data most of the labours are (iv) Generally the respondents were busy in their work
satisfied with the safety measures at site as they feel that and were not interested in responding rightly.
their employers as well as community as a whole is
fulfilling their obligation to protect well-being of the (v) Respondents were reluctant to disclose complete and
workers. But 46.66% of the labours are not satisfied correct information.
because of the brand of the company their expectations (vi) Due to short duration only a small sample had to be
were very high related to health and safety provisions at considered which doesn’t actually reflect an accurate
site. entire picture.
(vi) It is good to see from the data analysis that most of IX. CONCLUSIONS
the labours are familiar with health and safety as per
Factories Act, 1948 except only 10% of the labours are This report is an overview of the past, present and
not familiar with it because of their ignorance. future of the Impact of provisions health & safety
provisions of Factories Act, 1948 for protection of
VII. RECOMMENDATIONS Labour Rights in real estate Industry of Pune. As a large
/SUGGESTIONS number of labour legislations have been enacted to
promote the condition of labour, keeping in view the
(i) The builders should develop a thorough knowledge development of industry and national economy. The
of the needs and expectations health and safety labour legislation is necessary due to the reasons like;
provisions of the labours as per are Factories Act 1948. the workers are financially weak and had little
bargaining power. The wages paid to factory workers
________________________________________________________________________________________________
ISSN (Print): 2319–5479, Volume-3, Issue–2, 2014
17
 International Journal of Research and Development - A Management Review (IJRDMR)
________________________________________________________________________________________________

are meager hence inadequate to meet their needs. Not Workers are the partners in the industrial undertaking.
only this but also the employment of factory workers Without the cooperation of the workers i.e. their good
was not secured and the workers have to work in slums work, discipline, integrity and character, the industry
and under insanitary conditions. will not be able to produce effective results or profits.
However efficient the machine is but the human element
The trade unions both the employees and employers can
always plays a vital role. If human resource refuses to
play an effective role in molding and shaping the
cooperate, the industry is bound to fail in the long term.
national economy. Labour, which is comparatively in
Therefore, the worker’s health and safety is
disadvantageous position in a competitive social order,
responsibility of employers.
has greater responsibilities in the year to come in a
developing state like India. Trade unions, which control REFERENCES
the destiny of working class, are to grow upon healthier
lines for establishing harmonious relations with the [1] John T. Addison & McKinley L. Blackburn,
employers. Minimum Wages and Poverty, 52 INDuS. &
LAB. REL. REV. 393 (1999).
The state is fully conscious of the worker’s difficulties
and problems as has been amply proved by the [2] Lena Ayoub, Note, Nike Just Does It-And Why
discussion and details inside or outside the Parliament. the United States Shouldn't: The United States'
Certain legitimate demands of the workers have been International Obligation to Hold MNCs
conceded by amending the law relating to obnoxious Accountable for Their Labor Rights Violations
practices, such as poor working conditions, unsafe Abroad, 11 DEPAUL Bus. L.J. 395 (1999).
environment and unhygienic work place resorted by [3] Maurice Baskin, Labor Law & Construction: The
employers. Workers in the country must understand Case Against Union- Only Labor Project
fully that if they desire to have due place in the Agreements, CONSTRUCTION LAW. Jan. 1989,
industrial economy of the country, they should realize at 14.
their responsibilities. Modern industrialization and
economic growth, envisaged in our planning call for [4] Alexandra E. Bums, Comment, Eroding "Mutual
increased use of legislation not only for tackling the Aid or Protection": Subjective Motivation and
social and economic problems that are existing but also Employee Refusals to Cross Picket Lines, 48
for creating such industrial conditions for establishing a EMORY L.J. 267 (1999).
healthy and just social order. Both employers and [5] William R. Corbett, Faragher, Ellerth, and the
employees should realize the significance of industrial Federal Law of Vicarious Liability for Sexual
democracy for productivity and efficiency in industry. Harassment by Supervisors: Something Lost,
They should resolve their disputes through joint Something Gained, and Something to Guard
consultation which is based on their mutual Against, 7 WM. & MARY BILL RTS. J. 801
understanding. For industrial regeneration it is necessary (1999).
that the partners of industry must cure their respective
defects. In order to improve further relations between [6] Katherine Cox, The Inevitability of Nimble
the employer and workers, the government is bringing Fingers? Law, Development and Child Labor, 32
another comprehensive bill on industrial relations, which VAND. J. TRANSNAT'L L. 115 (1999).
is still pending for approval with the appropriate [7] Mark Diana & Robin H. Rome, Beyond
authority. Traditional Employment: The Contingent
Workforce, N.J. LAW. Apr. 1999, at 8.


________________________________________________________________________________________________
ISSN (Print): 2319–5479, Volume-3, Issue–2, 2014
18