1

Provisions relating to “washing facilities”, facilities for storing and

drying clothes”, “facilities for sitting”, “first-aid appliances” and
“canteen” in factories under the Factories Act, 1948

A project submitted to

Army Institute of law, Mohali

In the partial fulfilment of the requirement for the award of
the degree
B.A. LL.B

Submitted to: Submitted by:

Dr Kirandeep Kaur Priya Kumari
(Asst. Professor of law) (2149)

PUNJABI UNIVERSITY, PATIALA, (PUNJAB)

2

DECLARATION
It is certified that the project work presented in the report entitled Provisions relating to
“washing facilities”, facilities for storing and drying clothes”, “facilities for sitting” , “first-
aid appliances” and “canteen” in factories under the Factories Act, 1948 embodies the result
of original works carried out by me. All ideas and references have been duly acknowledged.

Priya Kumari

(2149)
3

INDEX

S. No. Title Pg. No.

1 Introduction 4
2 Welfare provisions in 4
factories
3 Washing facilities 5
4 Facilities for storing 5
and drying
5 Facilities for sitting 5
6 First Aid appliance 5
7 Canteen 6
8 Case laws 6-7
9 Welfare facilities 7-8
outside factory
premises
10 Critical appraisal 8-9
11 Conclusion 10
4

INTRODUCTION

In general terms, ‘welfare’ is nothing but the health, happiness, and fortunes of a person or group.
Some people consider it as a statutory procedure or social effort designed to promote the basic
physical and material well-being of people in need. Hence, it is clear from the above statements
that it is a thing that everyone desires. People working in different sectors and at different levels
have different welfare needs. The workers working in the factories too have certain welfare
needs. The Factories Act, 1948, defines certain provisions regarding this concept.

Working conditions of factory workers in India has been historically very pathetic. Due to
poverty and exploitation by factory owners, workers had practically no option. Due to an
increase in industrial activity in the latter half of the 19th century, attempts were made to
improve the condition of the workers many times by the reports of the Royal Commission
through various acts. The act of 1948 builds upon the act of 1934 after understanding the
defects and weaknesses of the earlier act. An important change was the widening the
definition of a 'Factory' to include any industrial establishment employing 10 or more people
that uses power, or any industrial establishment that employs more than 20 people that does
not use any power and various other provisions such as explicit and special focus on health,
safety, and welfare of all sorts of workers.

WELFARE PROVISIONS IN FACTORIES:

The three main components of welfare measures are occupational health care, appropriate
working hours, and appropriate remuneration. It speaks of a person’s complete health,
including their physical, mental, moral, and emotional states. The goal of welfare measures is
to integrate the socio-psychological demands of the workforce, the particular technological
requirements, the organisational structure and procedures, and the current socio-cultural
environment. It fosters a culture of work dedication in enterprises and society at large,
ensuring increased employee happiness and productivity. After the independence, the
Government of India makes strict rules and regulations to safeguard the interest of the
workers in the factories. The welfare facilities are provided to the workers as per the
provisions laid down in Chapter 5 (Section 42 to 50) of 'The Factories Act, 1948' for the
benefit of employees of the factories.

Washing facilities (Section 42)1

1
Section 42, ‘The Factories Act’, (1948)
 5

 All factories should supply and maintain enough appropriate washing facilities for the use of
the employees.

 For male and female employees, separate, well-screened facilities must be provided; these
facilities also need to be easily accessible and maintained clean.

 The standards for appropriate and suitable facilities for washing must be set by the state
government.

Facilities for storing and drying clothing (Section 43)2

 The state government has a specific authority. It specifies that the state government has the
authority to give instructions to the manufacturers regarding where to store the worker’s
clothing.

 They can also provide them with instructions on how to dry the workers’ clothes. It refers to
the circumstance in which workers are not dressed for work.

Facilities for sitting (Section 44)3

 All factories should provide and maintain seating arrangements in appropriate areas for all
workers who are required to work in a standing position in order to take advantage of any
chances for rest that may arise throughout the course of the job.

 According to the chief inspector, workers in any factory involved in a certain manufacturing
process or working in a specific room are able to perform their work effectively while
seated.

First aid appliance (Section 45)4

 All factories must have first aid kits, appliances, or cupboards stocked with the required
supplies during all working hours, and they must be easily accessible for all manufacturing
employees to access. Accordingly, there must be more first aid boxes or cupboards than the
usual ratio of one for every 150 industrial employees, which must be fewer than that.

 The first aid box or cupboard should only include the recommended supplies.

2
Section 43, ‘The Factories Act’, (1948).
3
Section 44, ‘The Factories Act’, (1948)
4
Section 45, ‘The Factories Act’, (1948).
 6

 Throughout the factory’s operating hours, each first aid box or cupboard should be kept under
the supervision of a specific person who is accountable for it on a separate basis and must be
readily available at all times during the working hours of the factory.

Canteen (Section 46)5

 A canteen must be provided and kept up by the occupier for the benefit of the workers in any
specified factory where more than 250 people are usually employed, according to rules that
the state government may set.

 Food must be served, and prices must be established for it.

Elangovan M. and Others v. Madras Refineries Ltd.6

Madras High Court in this case held that the employees of a canteen run in compliance to
statutory duty are workmen of the establishment running the canteen for the purposes of
Factories Act, 1948 only and not for all purposes.
Haldia Refinery Canteen Employees Union and Another v. Indian Oil Corporation Ltd.
and Others7

In this case, the respondent corporation was running a statutory canteen through a contractor.
The workmen employed by the contractor in the canteen claimed regularization in service of
the corporation. The Supreme Court held their claim as not sustainable because the control
that the respondent corporation exercised over the contractor was only to ensure that the
canteen was run in efficient manner. Further the corporation was not reimbursing to the
contractor the wages of the workmen. Secondly two settlements had been made between the
contractor and the canteen workmen and the respondent was not a party to either of them.
Therefore, it was held that the workmen in canteen became workers of the respondent
corporation only for the purposes of the Factories Act, 1948 and not for any other purpose.

National Thermal Power Corporation v. Karri Pothuraju and others8

The petitioner corporation in the above mentioned case was running a canteen for the benefit
of the employees of their unit through a contractor. About 2300 employees were working in

5
Section 46, ‘The Factories Act’, (1948)
6
(2005) II L.L.J. 653 (Mad.).
7
(2005) II L.L.J. 684 (SC)
8
(2003) III L.L.J. 567 (S.C.)
7

the corporation and 54 persons were working in the canteen in different capacities such as
cooks, servers, cleaners etc. Section 46 of the Factories Act, 1948 casts a mandatory
obligation on petitioner to maintain a canteen for the benefit of employees working in the
unit. The employees of the canteen claimed regularisation of their services with all attendant
benefits. The appellants disputed the claim on the ground that the canteen workers were
employed by the contractor and not the petitioner. It was held that the appellant owed an
obligation under Section 46 of the Factories Act 1948 to run the canteen and the contention
that the workers in canteen were engaged through a contractor and were not performing any
work incidental to the manufacturing activities of the appellant was not sustainable. The
claim of workers for regularisation was sustainable.

Workmen of Ashok Leyland Ltd and Ashok Leyland Coop. Canteen Ltd. v. Ashok Leyland
Ltd. & others9

In this case, a canteen was run by co-operative society as required by Section 46 of the
Factories Act. Later, the canteen became defunct and the employees of the canteen claimed to
be treated as employees of the factory. It was held that it is true that the company is bound to
provide and maintain a canteen under Section 46 of the Factories Act but when the canteen is
run by a co-operative society as a separate entity and it becomes defunct, the occupier of the
factory does not become the employer of the workmen employed in the canteen.

Kitex Garments Ltd vs State Of Kerala10

The High Court of Kerala in this case held that referring to Sections 42 to 48, of The
Factories Act, it was found that any facility provided therein was a mandatory requirement
for obtaining licence as a factory, the absence of which would invite penal proceedings
against the petitioner.

Welfare facilities outside factory premises

In addition to providing welfare facilities in the factory premises, workers are also provided
certain benefits and facilities outside the factory. These include:
— maternity benefits;
— gratuity, pension and provident fund benefits;
— medical benefits;
9
(1991) II L.L.J 12 (Madras)
10
2009 (1) KLT 992
8

— educational facilities;
— housing facilities;
— recreational facilities including sports and cultural activities;
— library and reading rooms;
— holiday home and leave travel facilities;
— consumers’ cooperative stores and fair price shops;
— vocational training; and
— transportation facility to and from the place of work.
CRITICAL APPRAISAL
Indian workers are generally considered to be less efficient as compared to workers in other
countries. Such a statement does not reflect any inherent deficiency on the part of workers. It
is stated to be due to longer hours of work, low wages, and poor living conditions. Health and
safety measures provided in factories are also of poor standard. This may be stated as the
basic reason for the inefficiency of workers in India. Climatic factors, illiteracy, low standard
of living may also affect the efficiency adversely, but the poor working conditions happen to
be the main reasons. Working environment in the factory is not conducive to increased
efficiency of worker. Under unhealthy surroundings, we cannot expect workers to put in hard
and sustained work. Safety measures as listed above partly prevent workers from being
exposed to the risk of accidents, and protection against dust and fumes and inflammable
gases, etc.
Health, Safety and Welfare measures which are provided in the Factories Act, 1948, are
considered to be minimum in terms of adequacy. Such measures are required to be effectively
implemented. In addition to implementing these measures provided in the Factories Act, there
is also need for providing training in safety to workers, and installing safety equipment in the
factories. Employers should take the initiative in providing training in safety to employees.
Workers’ unions should take interest in the promotion of their health, safety and welfare.
Periodic training courses in accident prevention can be organized. Welfare should become a
habit with employers and the workers alike.

The workers should have certain responsibilities for the proper implementation of these
provisions. The most important responsibilities as an employee are -

 To take reasonable care of their own health and safety.

 If possible avoid wearing jewellery or loose clothing while operating machinery.
9

 If any worker has long hair or wear a headscarf, he/she should make sure that it's
tucked out of the way (it could get caught in machinery).
 To take reasonable care not to put other people - fellow employees and members of
the public - at risk by what a worker does or doesn't do in the course of his/her work.
 To co-operate with the employer, making sure that the workers get proper training and
understand and follow the company's health and safety policies.
 Not to interfere with or misuse anything that's been provided for the health, safety or
welfare of the workers.
 To report any injuries, strains or illnesses that a worker suffers as a result of doing
his/her job (the employer may need to change the way he/she works).
 To tell the employer if something happens that might affect the ability of the workers
to work (e.g. - becoming pregnant or suffering an injury). The employer has a legal
responsibility for the health and safety of the workers, they may need to suspend the
worker while they find a solution to the problem, but a worker will normally be paid
if this happens
 If a worker drives or operates machinery, to tell the employer if the worker has taken
medication that makes him/her drowsy - they should temporarily be moved to another
job if they have one for him/her to do.
10

CONCLUSION
There is a close relationship between safety measures and the efficiency of workers i.e. if the
proper welfare measures are taken then the productivity of the employees will increase and
ultimately the profit of the organization will increase. Efficiency results in increasing the
average output per worker. It is reflected in increased productivity. The welfare measures
increases the productivity of the organization as well as it enhances the morale and
motivation of the employees which gives a positive impact on the efficiency level of the
organization. These measures are concerned not only with the physical efficiency, and safety
of the workers, but also his general well being. They result in improving the conditions under
which workers are employed and work. It provides protection to their life and limb.
Inadequate provision of safety measures in factories may lead to increase in the number of
accidents. Human failures due to carelessness, ignorance, inadequate skill and improper
supervision have also contributed to accidents and the consequent need for such measures.