Assignment Question:

1. Explain in detail safety and welfare measures under Factories Act 1948,
2. Explain the power and duties of Conciliation Officer under Industrial Dispute Act 1947.
3. Discuss in detail welfare and health provisions of Contract Labour under Contract
Labour ( Regulation & Abolition) Act 1970.

Short notes (Any 2 )

1.Employment of women under Factory Act
2.Defination of Wages under Payment of Wages Act
3. Total and partial disablement
4. Lay off & Retrenchment.
1. Explain in detail safety and welfare measures under Factories Act 1948,

The Factories Act,1948

There has been rise of large scale factory/ industry in India in the later half of
nineteenth century. Major Moore, Inspector-in- Chief of the Bombay Cotton
Department, in his Report in 1872-73 first of all raised the question for the provision
of legislation to regulate the working condition in factories; the first Factories act was
enacted in 1881.

Since then the act has been amended on many occasions. The Factories Act 1934
was passed replacing all the previous legislation in regard to factories. This act was
drafted in the light of the recommendations of the Royal Commission on Labour.
This Act has also been amended suitably from time to time.

The Factories Act, 1948 consolidating and amending the law relating to labour in
factories, was passed by the Constituent Assembly on August 28, 1948. The Act
received the assent of Governor General of India on 23 September 1948 and came
into force on April 1, 1949.

Objective of Factories Act ,1948

The main objectives of the Indian Factories Act, 1948are to regulate the working
conditions in factories, to regulate health, safety welfare, and annual leave and enact
special provision in respect of young persons, women and children who work in the
factories.

1.Working Hours:

According to the provision of working hours of adults, no adult worker shall be

required or allowed to work in a factory for more than 48 hours in a week. There
should be a weekly holiday.

2.Health:
For protecting the health of workers, the Act lays down that every factory shall be
kept clean and all necessary precautions shall be taken in this regard. The factories
should have proper drainage system, adequate lighting, ventilation, temperature,
Sufficient latrine and urinals (These should be easily accessible to workers and must
be kept cleaned.) etc.
Adequate arrangements for drinking water should be made.

3. Safety:
In order to provide safety to the workers, the Act provides that the machinery should
be fenced, no young person shall work at any dangerous machine, in confined
spaces, there should be provision for manholes of adequate size so that in case of
emergency the workers can escape.
4. Welfare:
For the welfare of the workers, the Act provides that in every factory adequate and
suitable facilities for washing should be provided and maintained for the use of
workers.

Facilities for storing and drying clothing, facilities for sitting, first-aid appliances,
shelters, rest rooms’ and lunch rooms, crèches, should be there.

5. Penalties:-
The provisions of The Factories Act, 1948, or any rules made under the Act, or any
order given in writing under the Act is violated, it is treated as an offence. The
following penalties can be imposed:-
(a) Imprisonment for a term which may extend to one year;
(b) Fine which may extend to one lakh rupees; or
(c) Both fine and imprisonment.

If a worker misuses an appliance related to welfare, safety and health of workers,

or in relation to discharge of his duties, he can be imposed a penalty of Rs. 500/-.

Applicability of Factories Act, 1948

The Act is applicable to any factory whereon ten or more workers are working, or
were working on any day of the preceding twelve months, and in any part of which
a manufacturing process is being carried on with the aid of power, or is ordinarily
so carried on, or whereon twenty or more workers are working, or were working on
any day of the preceding twelve months, and in any part of which a manufacturing
process is being carried on without the aid of power, or is ordinarily so carried on;
but this does not include a mine, or a mobile unit belonging to the armed forces of
the union, a railway running shed or a hotel, restaurant or eating place.

Importance of Factories Act, 1948

The Factories Act, 1948 is a beneficial legislation. The aim and object of the Act is
essentially to safeguard the interests of workers, stop their exploitation and take
care of their safety, hygiene and welfare at their places of work. It casts various
obligations, duties and responsibilities on the occupier of a factory and also on the
factory manager. Amendments to the Act and court decisions have further
extended the nature and scope of the concept of occupier, especially vis-a-vis
hazardous processes in factories.

Definitions
1.Who is an Occupier?
According to section 2(n) "occupier" of a factory means the person, who has
ultimate control over the affairs of the factory,
Provided that-
(i) in the case of a firm or other association of individuals, any one of the individual
partners or members thereof shall be deemed to be the occupier;

(ii) in the case of a company, any one of the directors, shall be deemed to be the
occupier:

(iii) in the case of a factory owned or controlled by the Central Government or any
State Government, or any local authority, the person or persons appointed to
manage the affairs of the factory by the Central Government, the State
Government or the local authority, as the case may be, shall be deemed to be the
occupier:

Provided further that in the case of a ship which is being repaired, or on which
maintenance work is being carried out, in a dry dock which is available for hire,

(1) the owner of the dock shall be deemed to be the occupier for the purposes of
any matter provided for by or under-

(a) section 6, section 7, section 7A, section 7B, section 11 or section 12;

(b) section 17, in so far as it relates to the providing and maintenance of sufficient
and suitable lighting in or around the dock;

(e) section 18, section 19, section 42, section 46, section 47 or section 49, in
relation to the workers employed on such repair or maintenance;

(2) the owner of the ship or his agent or master or other officer-in-charge of the
ship or any person who contracts with such owner, agent or master or other
officer-in-charge to carry out the repair or maintenance work shall be deemed to
be the occupier for the purposes of any matter provided for by or under section 13,
section 14, section 16 or section 17 (save as otherwise provided in this proviso) or
Chapter IV (except section 27) or section 43, section 44 or section 45, Chapter VI,
Chapter VII, Chapter VIII or Chapter IX or section 108, section 109 or section 110,
in relation to-

(a) the workers employed directly by him or by or through any agency; and

(b) the machinery, plant or premises in use for the purpose of carrying out such
repair or maintenance work by such owner, agent, master or other officer-in-
charge or person.

ION Exchange India Ltd. V.Deputy Chief Inspector of factories, Salem (1996).It
was held that owner can nominate any person tobe in ultimate control over the
affairs of a factory. If no one else has been nominated to be in ultimate control
over the affairs of the company, Director of a company or any partner of
partnership is deemed to be the occupier.

2. What is a factory?
According to section 2(m) "factory" means any premises including the precincts
thereof-

(i) whereon ten or more workers are working, or were working on any day of the
preceding twelve months, and in any part of which a manufacturing process is
being carried on with the aid of power, or is ordinarily so carried on, or

(ii) whereon twenty or more workers are working, or were working on any day of
the preceding twelve months, and in any part of which a manufacturing process is
being carried on without the aid of power, or is ordinarily so carried on, - but does
not include a mine subject to the operation of the Mines Act, 1952 (XXXV of 1952)
or a mobile unit belonging to the armed forces of the Union, a railway running shed
or a hotel, restaurant or eating place;

Explanation I For computing the number of workers for the purposes of this clause
all the workers in different groups and relays in a day shall be taken into account;

Explanation II.---For the purposes of this clause, the mere fact that an Electronic
Data Processing Unit or a Computer Unit is installed in any premises or part
thereof, shall not be construed to make it a factory if no manufacturing process is
being carried on in such premises or part thereof;

3. Who is a Worker?
According to section 2(l) ”worker" means a person employed directly or by or
through any agency (including a contractor) with or without the knowledge of the
principal employer whether for remuneration or not in any manufacturing process,
or in cleaning any part of the machinery or premises used for a manufacturing
process, or in any other kind of work incidental to, or connected with the
manufacturing process, or the subject of the manufacturing process but does not
include any member of the armed forces of the Union;

4. What is a Manufacturing Process?

According to section 2(k) "manufacturing process" means any process for-

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing,

cleaning, breaking up, demolishing or otherwise treating or adopting any article or
substance with a view to its use, sale, transport, delivery or disposal; or

(ii) Pumping oil, water, sewage, or any other substance; or

(iii) Generating, transforming or transmitting power; or

(iv) composing types for printing, printing by letter press, lithography, photogravure
or other similar process or book-binding; or

(v) Constructing, reconstructing, repairing, refitting, finishing or breaking up ships

or vessels; or

(vi) Preserving or storing any article in cold storage;

5. What is hazardous process?

According to section 2(cb) "hazardous process" means any process or activity in
relation to an industry specified in the 'First Schedule where, unless special care is
taken, raw materials used therein or the intermediate or finished products, bye-
products, wastes or effluents thereof would-

(i) cause material impairment to the health of the persons engaged in or connected
therewith, or (ii) result in the pollution of the general environment:- Provided that
the State Government may, by notification in the official Gazette, amend the First
Schedule by way of addition, omission or variation of any industry specified in the
said Schedule;

Duties of Occupier
The Duties of Occupier have been clearly mentioned in the following sections of
Factories Act, 1948: -

1. Notice by Occupier (Section 7)

The occupier shall, send to the Chief Inspector a written notice in respect of all
establishments which come within the scope of the Act for the first time, before a
factory engaged in a manufacturing process which is ordinarily carried on for less
than one hundred and eighty working days in the year resumes working, whenever
a new manager is appointed. During any period for which no person has been
designated as manager of a factory or during which the person designated does
not manage the factory, any person found acting as manager, or if no such person
is found, the occupier himself, shall be deemed to be the manager of the factory
for the purposes of this Act.

2. General Duties of the Occupier(Section7A)

# To ensure the health, safety and welfare of all workers while they are at work in
the factory.

# To provide and maintain the plant and systems of work in the factory that are
safe and without risk to health of the workers.
# To provide arrangements in the factory for ensuring safety and absence of risk to
health in connection with the use, handling, storage and transport of articles and
substances

# To provide such information, instruction, training and supervision as are

necessary to ensure the health and safety of all workers at work.

# To maintain all places of work in the factory in a condition that is safe and
without risks to health and to provide and maintain such means of access to, and
egress from, such places as are safe and without such risks.

# To provide, maintain or monitor such working environment in the factory for the
workers that is safe, without risk to health and adequate as regards facilities and
arrangements for their welfare at work.

# To prepare a written statement of his general policy with respect to the health
and safety of the workers at work and the organization and arrangements in force
for carrying out that policy.

3. Appointment of Safety officers. (Section 40-B)

It shall be the duty of the of the Occupier to Appoint a Safety officer in a 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, if so required by the State Government by notification in
the official Gazette.

4. Compulsory Disclosure of Information by the Occupier. (Section 41-B)

Compulsory disclosure of information by the occupier -

# The occupier of every factory involving a hazardous process shall disclose in the
manner prescribed to the Chief Inspector and the local authority.

# 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 intimates such policy to the Chief Inspector and the
local authority.

# 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.

# 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 publicise
them in the manner prescribed among the workers and the general public living in
the vicinity.

5. Specific Responsibility of the occupier in relation to Hazardous Process.

(Section 41-C)
Every occupier of a factory involving any hazardous process shall-

# maintain accurate and up-to-date health records or, as the case may be, medical
records, of the workers in the factory

# appoint persons who possess qualifications and experience in handling

hazardous substances

# Provide for medical examination of every worker.

6. Worker’s Participation in safety management. (Section 41-G)

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 co-operation between the workers and the management in maintaining
proper safety and health at work and to review periodically the measures taken in
that behalf.

7. Right of Workers to be warned about imminent dangers. (Section 41-H)

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.

8. Facilities for sitting and Canteens. (Section 42 to 49)

It is the duty of occupier to provide welfare facilities like Lunch rooms, Canteen,
Crèche, Washing facilities, first-aid appliances etc. to all workers and to appoint a
welfare officer.

9. Annual Leave with Wage.(Section 79)

For the purpose of ensuring the continuity of work, the occupier or manager of the
factory, in agreement with the Works Committee of the factory constituted under
section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee
constituted under any other Act or if there is no such Works Committee or a similar
Committee in the factory, in agreement with the representatives of the workers
therein chosen in the prescribed manner, may lodge with the Chief Inspector a
scheme in writing whereby the grant of leave allowable under this section may be
regulated.

10. Safety and Occupational Health Survey. (Section 91-A)

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 every, including facilities for the examination and testing of plant and
machinery and collection of samples and other data relevant to the survey.

Duties of Factory Manager

The Duties of Factory Manager are mentioned in the following Sections of Factory
Act, 1948: -

1. Right of Workers to be warned about imminent danger. (Section 41-H)

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 in the factory where the worker is engaged in
any hazardous process and send a report forthwith of the action taken to the
nearest Inspector.

2. Notice of periods of work for adults. (Section 61)

The manager of the factory shall display correctly and maintained in every factory
in accordance with the provisions of sub-section (2) of section 108, a notice of
periods of work for adults, showing clearly for every day the periods during which
adult workers may be required to work, fix the periods during which each relay of
the group may be required to work, classify them into groups according to the
nature of their work indicating the number of workers in each group, shall draw up
a scheme of shifts where under the periods during which any relay of the group
may be required to work.

3. Register of Adult Workers. (Section 62)

The manager of every factory shall maintain a register of adult workers, to be
available to the Inspector at all times during working hours, or when any work is
being carried on in the factory.

In State of Maharashtra v. Sampat Lal Mensukh Bothra (1992),it was held that
the obligation to maintain registers is imposed on the manager and
4. Annual Leave with Wage. (Section 79)
For the purpose of ensuring the continuity of work, the occupier or manager of the
factory, in agreement with the Works Committee of the factory constituted under
section 3 of the Industrial Disputes Act, 1947 (14 of 1947), or a similar Committee
constituted under any other Act or if there is no such Works Committee or a similar
Committee in the factory, in agreement with the representatives of the workers
therein chosen in the prescribed manner, may lodge with the Chief Inspector a
scheme in writing whereby the grant of leave allowable under this section may be
regulated.

5. Notice of Certain Dangerous Occurrences. (Section 88A)

Notice of certain dangerous occurrences. —Where in a factory any dangerous
occurrence of such nature as may be prescribed occurs, whether causing any
bodily injury or disability or not, the manager of the factory shall send notice
thereof to such authorities, and in such form and within such time, as may be
prescribed.

6. Notice of Certain Disease. (Section 89)

Where any worker in a factory contracts any disease specified in 1[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.

7. Safety and Occupational Health Survey. (Section 91-A)

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 every, including facilities for the examination and testing of plant and
machinery and collection of samples and other data relevant to the survey.

8. Notice of Certain Accidents. (Section 88)

Where in any factory an accident occurs which causes death, or which causes any
bodily injury by reason of which the person injured is prevented from working for a
period of forty-eight hours or more immediately following the accident, or which is
of such nature as may be prescribed in this behalf, the manager of the factory shall
send notice thereof to such authorities, and in such form and within such time, as
may be prescribed to the Chief Inspector.

General Procedure As To Filing of Cases In Case of Factory Accidents

Whenever an accident takes place in a factory the Occupier or Factory Manager
shall inform the Chief Inspector within a period of forty eight hours or so (Section
88) and shall send Form No. 22 containing all the information regarding the said
accident to Labour Department, Industrial Health And Safety, which shall inquire
into the matter by factory inspector who shall inspect the accident spot, take the
witness of the victims, then he shall issue a show cause notice to the Occupier and
Factory Manager to reason out the causes of the mis happening. If the Factory
Inspector is not satisfied with the reply given by the factory management he shall
institute a case against the Occupier and Factory Manager before Judicial
Magistrate First Class, Labour Court (Section 105).Then in case if the party to the
disputes are not satisfied with the judgement they shall refer the case to the High
Court or and to the Supreme Court respectively.

Penalties under factory act, 1948

Section 92. General penalty for offences. -
Save as is otherwise expressly provided in this Act and subject to the provisions of
section 93, if in, or in respect of, any factory there is any contravention of the
provisions of this Act or of any rules made there under or of any order in writing
given there under, the occupier or manager of the factory shall each be guilty of an
offence and punishable with imprisonment for a term which may extend to two
years or with fine which may extend to one lakh rupees or with both, and if the
contravention is continued after conviction, with as further fine which may extend
to one thousand rupees for each day on which the contravention is so continued.

Provided that where contravention of any of the provisions of Chapter IV or any

rule made there under or under section 87 has resulted in an accident causing
death or serious bodily injury, the fine shall not be less than twenty-five thousand
rupees in the case of an accident causing death, and five thousand rupees in the
case of an accident causing serious bodily injury.

Explanation. - in this section and in section 94 "serious bodily injury" means an

injury which involves, or in all probability will involve, the permanent loss of the use
of, or permanent injury to, any limb or the permanent loss of, or injury to sight or
hearing, or the fracture of any bone, but shall not include, the fracture of bone or
joint (not being fracture of more than one bone or joint) of and phalanges of the
hand or foot.

General Manager, Wheel & A. P, Bangalore v. State of Karnataka (1996) .It

was held in this case that the requirement of obtaining sanction to prosecute is
mandatory and taking cognizance of an offence in the absence of sanction cannot
be allowed to stand and has to be quashed.

Provincial Government v. Ganpat, AIR 1943 Nag 243.It was held in this case
where the occupier or the manager of the factory admits the guilt under Section 92
of the Act, but alleges the clerk of the Factory to be the actual offender, the onus of
establishing the innocence is on such occupier or the manager as the case maybe.

Section 94. Enhanced penalty after previous conviction. -

(1) If any person who has been convicted of any offence punishable under section
92 is again found guilty of an offence involving a contravention of the same
provision, he shall be punishable on a subsequent conviction with imprisonment
for a term which may extend to three years or with fine, which shall not be less
than ten thousand rupees but which may extend to two lakh rupees or with both;

Provided that the Court may, for any adequate and special reasons to be
mentioned in the judgment, impose a fine of less than ten thousand rupees:

Provided further that where contravention of any of the provisions of Chapter IV or

any rule made there under or under section 87 has resulted in an accident causing
death or serious bodily injury, the fine shall not be less than thirty-five thousand
rupees in the case of an accident causing death and ten thousand rupees in the
case of an accident causing serious bodily injury.

(2) For the purpose of sub-section (1), no cognizance shall be taken of any
conviction made more than two years before the commission of the offence for
which the person is subsequently being convicted.

Section 95. Penalty for obstructing inspector. -

Whoever wilfully obstructs an Inspector in the exercise of any power conferred on
him by or under this Act, or fails to produce on demand by an Inspector any
register or other documents kept in his custody in pursuance of this Act or of any
rules made there under, or conceals or prevents any workers, in a factory from
appearing before, or being examined by, an inspector, shall be punishable with
imprisonment for a term which may extend to six months or with fine which may
extend to ten thousand rupees or with both.

Section 96A. Penalty for contravention of the provisions of sections 41B,

41C and 41H.-
(1) Whoever fails to comply with or contravenes any of the provisions of sections
41B, 41C or 41H or the rules made there under, shall, in respect of such failure or
contravention, be punishable with imprisonment for a term which may extend to
seven years and with fine which may extend to two lakh rupees, and in case the
failure or contravention continues, with additional fine which may extend to five
thousand rupees for every day during which such failure or contravention
continues, after the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond a

period of one year after the date of conviction, the offender shall be punishable
with imprisonment for a term which may extend to ten years.

Section 97. offences by workers. -

(1) Subject to the provisions of section 111, if any worker employed in a factory
contravenes any provision of this Act or any rules or orders made thereunder,
imposing any duty or liability on workers, he shall be punishable with fine which
may extend to five hundred rupees.

(2) Where a worker is convicted of an offence punishable under sub-section (1) the
occupier or manager of the factory shall not be deemed to be guilty of an offence
in respect of that contravention, unless it is proved that he failed to take all
reasonable measures for its prevention.

Exemptions of occupier or manager from liability in certain cases

Section 101. Exemption of occupier or manager from liability in certain cases.-

Where the occupier or manager of a factory is charged with an offence punishable
under this Act he shall be entitled, upon complaint duly made by him and on giving
to the prosecutor not less than three clear days' notice in writing of his intention so
to do, to have any other person whom he charges as the actual offender brought
before the Court at the time appointed for hearing the charge; and if, after the
commission of the offence has been proved, the occupier or manager of the
factory, as the case may be, proves to the satisfaction of the Court -

(a) that he has used due diligence to enforce the execution of this Act, and
(b) that the said other person committed the offence in question without his
knowledge, consent or connivance,

that other person shall be convicted of the offence and shall be liable to the like
punishment as if he was the occupier or manager of the factory, and the occupier
or manager, as the case may be, shall be, discharged from any liability under this
Act in respect of such offence:

Provided that in seeking to prove as aforesaid, the occupier or manager of the

factory, as the case may be, may be examined on oath, and his evidence and that
of any witness whom he calls in his support, shall be subject to cross-examination
on behalf of the person he charges as the actual offender and by the prosecutor:

Provided further that, if the person charged as the actual offender by the occupier
or manager, cannot be brought before the court at the time appointed for hearing
the charge, the court shall adjourn the hearing from time to time for a period not
exceeding three months and if by the end of the said period the person charged as
the actual offender cannot still be brought before the court, the court shall proceed
to hear the charge against the occupier or manager and shall, if the offence be
proved, convict the occupier or manager.

Changes brought about by the Factory Act,1948

The following changes were made by the factories Act, 1948: -
# The definition of the term “Factory” was widened to cover all industrial
establishments employing ten or more workers where power was used and 20 or
more workers in all other cases.

# The distinction between seasonal and non-seasonal factories was abolished.

# Under the Act of 1934 the State Governments had power to extend the application
of the Act to establishments where more than 10 Workers were employed. Under
the Act of 1948, the State Government may extend the provisions of this Act to any
establishment irrespective of the number of the workers employed therein and
irrespective of the number of the workers employed on therein and irrespective of
the fact that manufacturing work is carried by power or otherwise. The only
exception is an establishment where the work is done solely by the members of a
family.

# Chapter III of the Act of 1934 was split into three parts, dealing with health, safety
and welfare of workers. The Act specifies very clearly the minimum requirements
under three heads stated above.

# The basic provisions of the old Act relating to Health,

safety, and welfare are extended to all work places irrespective of the number of
workers employed, except premises where processes are carried on by the occupier
with the sole aid of his family.

# The minimum age for the admission of children to employment has been raised
from 12 to 14 years and the minimum permissible daily hours of work of children
were reduced from five to four and a half hour.

# Provisions are made for the licensing and registration of factories and the prior
scrutiny by the Factories Inspectorate of the Plans and specifications of factory
buildings.

# Employment of Children and women between 7 p.m. and 6 a.m. is prohibited. For
overtime work the workers are entitled to twice their normal rate of wages.

# The State Government are empowered to make rules requiring the association of
the workers in the management of arrangements for the welfare of the workers.

# State Government is obliged to see that all the factories are registered and take a
licensing for working, which should be periodically renewed. Prior approval of the
State Government has been made necessary for every New The installation of a
Factory or for the extension of an existing factory. Besides mines, the new Act also
excludes railway running sheds from the definition of Factories.

Changes made in Factories Act, 1948in 2016

The Factories (Amendment) Bill, 2016

The Factories Act 1948was an Act of Parliament passed in the United Kingdom by
the Labour government of Clement Attlee. It was passed with the intention of
safeguarding the health of workers and adopted by India.

The Factories (Amendment) Bill, 2016 was introduced in Lok Sabha on August 10,
2016 by the Minister for Labour and Employment, Mr. Bandaru Dattatreya. The Bill
amends the Factories Act, 1948. The Act regulates the safety, health and welfare of
factory workers. The Bill amends provisions related to overtime hours of work.

Key Amendments
# (Section 2) Power to make rules on various matters: The Act permits the state
government to prescribe rules on a range of matters, including double employment,
details of adult workers to be included in the factory’s register, conditions related to
exemptions to certain workers, etc.The Bill gives such rule making powers to the
central government as well.

Powers to make rules for exemptions to workers:Under the Act, the state
government may make rules to (i) define persons who hold management or
confidential positions; and (ii) exempt certain types of adult workers (e.g. those
engaged for urgent repairs) from fixed working hours, periods of rest, etc. The Bill
gives such rule making powers to both, the central and state governments.

Under the Act, such rules will not apply for more than five years. The Bill modifies
this provision to state that the five-year limitation will not apply to rules made after
the enactment of this Bill.

# (Section 64) Overtime hours of work in a quarter: The Act permits the state
government to make rules related to the regulation of overtime hours of work.
However, the total number of hours of overtime must not exceed 50 hours for a
quarter. The Bill raises this limit to 100 hours. Rules in this regard may be prescribed
by the central government as well.

# (Section 65) Overtime hours if factory has higher workload: The Act enables
the state government to permit adult workers in a factory to work overtime hours if
the factory has an exceptional work load. Further the total number of hours of
overtime work in a quarter must not exceed 75. The Bill permits the central or state
government to raise this limit to 115
Overtime in public interest: The Bill introduces a provision which permits the
central or state government to extend the 115-hour limit to 125 hours. It may do so
because of (i) excessive work load in the factory and (ii) public interest

Conclusion
The present Factories Act in operation for the last 37 years has provided ample
benefits to the factory workers. It has considerably improved their working and
employment conditions. The Government is actively considering the introduction of
some vital amendments to the Act to keep it in tune with time and make it more
effective While dealing with the duties of the Occupier and Factory Manager under
Factories Act 1948, altogether we can conclude that the Occupier and Factory
Manager has a vital role to play in assuring the health, safety and welfare of the
workers as they are the backbone of the industrial sector. It is, however necessary
that the workers and their representatives make themselves aware of the various
provisions of the Act and safeguard their interests on their own and force the
defaulting employer to be conscious of his legal obligations
2. Explain the power and duties of Conciliation Officer under Industrial
Dispute Act 1947.

1. Introduction -
The Industrial Dispute Act, 1947 enacted for investigation and settlement
of industrial disputes, to prevent illegal Strike and Lockout and to
provide relief to workmen in case of Layoff and Retrenchment. The
Industrial Disputes Act, 1947 has provided some authorities for the
prevention and settlement of Industrial Disputes such as The Works
Committee, Conciliation Officer, Board of Conciliation, Court of
Inquiry, Labour Court, Industrial Tribunal and National Tribunal...

2. Conciliation -
Conciliation is a process by which discussion between the employers and
the employees is kept going through the participation of a
conciliator. Conciliator plays a pivotal role in bringing round the parties
involved in the disputes and held in resolving difference by making the
parties understand and appreciate the difficulties of each party involved
in the dispute in the Industrial field. As a mediator, his tactful handling
of the situation sometimes saves the situation from taking a serious
turn.

There are two authorities designed for the process of conciliation as

follows:
(i) Conciliation Officer (Section 4 of the Industrial Disputes Act, 1947)

(ii) Board of Conciliation (Section 5 of the Industrial Disputes Act, 1947)

3. Who is Conciliation Officer?

According to Section 4 of the Industrial Disputes Act, 1947 the
appropriate Government may appoint one or more conciliation officers. A
conciliation officer may be appointed for a specified area or for specified
industries in a specified area or for one or more specified industries and
either permanently or for a limited period. Under Section 21 of the Indian
Penal Code (IPC) a Conciliation officer shall be deemed to be a public
servant. The Conciliation officer is empowered to exercise all quasi-
judicial powers of a Civil Court under the Civil Procedure Code, 1908.
(CPC)

He is or has been a Deputy Chief Labour Commissioner (Central) or

Joint Commissioner of the State Labour Department, having a degree in
law and at least seven years' experience in the labor department including
three years of experience as Conciliation Officer.

4. Powers of Conciliation Officer

The Powers and Procedure is laid down in Section 11 of the Industrial
Dispute Act, 1947.
(i) Conciliation Officer for the purpose of inquiring into an exiting
apprehended Industrial Dispute is empowered, after giving the notice to
enter the premises occupied by the Industrial establishment.
(ii) Conciliation Officer is also empowered to call for and inspect any
document which he may consider relevant to the dispute.
(iii) Conciliation Officer enjoys the same powers as are available to the
civil Courts in respect of compelling the parties, to appear and produce
all the relevant documents.

(iv) All Conciliation Officers are Public Servants within the meaning of
Section 21 of the Indian Penal Code.

5. Duties of Conciliation officer

The duties of the Conciliation Officers are prescribed under Section 12 of
the Industrial Dispute Act 1947 which are as follows –

(1) Where any industrial dispute exists or is apprehended, the conciliation

officer may, or where the dispute relates to a public utility service and a
notice under section 22 has been given, shall, hold conciliation
proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a
settlement of the dispute without delay investigate the dispute and all
matters affecting the merits and right settlement thereof and may do all
such things as he thinks fit for the purpose of inducing the parties to come
to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is
arrived at in the course of the conciliation proceedings the conciliation
officer shall send a report thereof to the appropriate Government or an
officer authorised in this behalf by the appropriate Government together
with a memorandum of the settlement signed by the parties to the
dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as

soon as practicable after the close of the investigation, 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, together with a full statement of
such facts and circumstances, and the reasons on account of which, in
his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub-section (4), the
appropriate Government is satisfied that there is a case for reference to
a Board, Labour Court, Tribunal or National Tribunal], it may make such
reference. Where the appropriate Government does not make such a
reference it shall record and communicate to the parties concerned its
reasons therefor.
(6) A report under this section shall be submitted within fourteen days of
the commencement of the conciliation proceedings or within such shorter
period as may be fixed by the appropriate Government. Provided that,
subject to the approval of the conciliation officer, the time for the
submission of the report may be extended by such period as may be
agreed upon in writing by all the parties to the dispute.

6. Effects of Conciliation Proceedings

Under Section 22 of the Act, the Strike and Lockout in a public utility
service is prohibited during the conciliation proceedings. Is a settlement
arrived at, he is required to send a report along with a copy of a
memorandum of settlement signed by the parties to the appropriate
government. If no settlement is arrived at between the parties the
conciliation officer is required to send a full report to the appropriate
government, giving all the circumstances relating to the dispute and the
steps taken by him to resolve the dispute along with the reasons why the
settlement could not be arrived at. Section 33 of the Act provides that
during the pendency of Conciliation proceedings, no employer shall after
the conditions of service of a workman to his prejudice discharge or
punish by dismissal any workman during above proceedings.

7. Board of Conciliation -
According to Section 5 of the Industrial Disputes Act, 1947 the
appropriate Government may as occasion arises by notification in the
Official Gazette constitute a Board of Conciliation for promoting the
settlement of an industrial dispute.

8. Constitution of Board of Conciliation-

A Board shall consist of a chairman and two or four other
members, as the appropriate Government thinks fit. The chairman shall
be an independent person and the other members shall be persons
appointed in equal numbers to represent the parties to the dispute and
any person appointed to represent a party shall be appointed on the
recommendation of that party: Provided that, if any party fails to make a
recommendation as aforesaid within the prescribed time, the appropriate
Government shall appoint such persons as it thinks fit to represent that
party.

8. Quorum
The Quorum of Board is three (including the Chairman) if the number
of members is four. The quorum is two if the number of members is two.

9. Duties of Board of Conciliation

The duties of the Board of Conciliation are prescribed under Section 13 of

the said Act.

The Board is required to investigate the report without delay and to

induce the parties to the dispute, come to a fair and amicable settlement.

If the dispute is settled, the Board has to send a report to the Government
along with a memorandum of the settlement signed by the parties. If not
settled, it has to send a report to the Government stating the reasons
and recommendations for determination of the dispute.
There are only three points of difference between the duties of
the Board and the Conciliation Officer.
(i) Proceedings are initiated only before a Board only on a reference
by the appropriate government.
(ii) When a Board sends a failure report, it has also inter alia, to send
its memorandum for determination of the dispute.
(iii) The board has to submit its report within 2 months instead of 14
days in the case of proceedings before the Conciliation Officer.
3. Discuss in detail welfare and health provisions of Contract Labour under Contract
Labour ( Regulation & Abolition) Act 1970.

Introduction
Contract labour is the system of employing labourers through a contract
by a contractor for a specified period. A workman is known as a contract
labourer when they are assigned to a work of an establishment for a
specific period through a contract by a contractor with or without the
knowledge of the principal employer. Contract workmen are indirect
employees; a contract worker is a daily wager or the daily wages are
accumulated and given at the end of the month. It is the responsibility of
the contractor to hire, supervise and remunerate contract labourers.

In India, contract labourers are used in various industries varying from

skilled to semi-skilled jobs. Before and after independence the status and
condition of contract labour were analysed by numerous commissions,
committees, Labour Bureau Ministry of Labour, etc. and it was found that
the major characteristics of contract labour are poor economic conditions
of the workers, casual nature of employment, lack of job security, etc.
Therefore the legislature enacted the Contract Labour (Regulation &
Abolition) Act, 1970 (which came into force on 10th February, 1971) to
regulate the adequate functioning of the contract labourers and to
prevent the exploitation of contract labourers by the hands of
management.

Objective and scope of the Act

The objective and scope of the Act are:

 To prevent exploitation of contract labour.

 To provide proper and habitable working conditions.
 To regulate the functioning of the advisory boards.
 To lay down the rules and regulations regarding the registration
procedure of the establishments employing contract labour.
 To state the necessary requirements and the procedure of
licensing of contracts.
 To provide the penal provisions in case of violation of offences
under the Act.
Applicability of the Contract Labour (Regulation &
Abolition) Act, 1970
Section 1(4) mentions the establishments where the Act will be
applicable:

 Any establishment where twenty or more workmen are

employed or were associated as contract labour on any day
during the preceding twelve months.
 Any contractor who employs or employed twenty or more
workmen as contract labour on any day of the preceding twelve
months.
 The Act is also applicable to every establishment if the workmen
are employed in the establishment as ‘contract labour’. Section
2(b) of the Act states that a workman is deemed to be employed
as contract labour when he is hired in or in connection with such
work by or through a contractor with or without the knowledge
of the principal employer.
 The Act does not apply to any organisation or establishments
where any work of intermittent or casual nature is performed.
The Act states that a work is deemed to be of intermittent
nature if it is performed for less than 120 days in the preceding
twelve months or it is of non-seasonal character and is
performed for less than 60 days in a year.
 The Act is not applicable to a person who is appointed in an
advisory or managerial capacity.

Essential provisions of the Contract Labour (Regulation &

Abolition) Act, 1970
The essential provisions of the Contract Labour (Regulation & Abolition)
Act, 1970 are stated below.

Composition of the advisory boards

Chapter 2 of the Contract Labour (Regulation & Abolition) Act, 1970
mentions the establishment and composition of the Central and State
Advisory Boards. The functions of these boards are to advise the Central
and state governments respectively on the matters concerning the
administration of the Act, and also to carry out all the necessary
functions assigned under the Act.

Central Advisory Board

The Central Advisory Board consists of a Chairman appointed by the
Central government, the Chief Labour Commissioner, and the Central
Government may nominate eleven to seventeen members to represent
the government, railways, coal industry, mining industry, contractors,
workmen and members from any other fields which, in the opinion of
the Central Government ought to be represented on the Central
Advisory Board.

Furthermore, Section 3 of the Act also states that the number of

members nominated to represent the workmen shall not be less than
the number of members nominated to represent the principal employers
and the contractors.

State Advisory Board

Section 4 of the Contract Labour (Regulation & Abolition) Act, 1970
states the composition of the State Advisory Board. It consists of a
Chairman appointed by the state government, the Labour Commissioner
of that state and in their absence, any other officer will be appointed by
the state government and the state government may nominate nine to
eleven members to represent that government, industry, contractors,
workmen and members from any other fields which, in the opinion of
the state government, ought to be represented on the State Advisory
Board. However, the number of members nominated to represent the
workmen shall not be less than the number of members nominated to
represent the principal employers and the contractors.

Both Central and State Advisory Boards have the power to form
committees under this Act as they may think fit. The committees will
function according to the provisions of the Act and will carry out all the
necessary duties and responsibilities.

Registration procedure of establishments employing

contract labour
The Act lays down the appropriate method for registration of the
establishments employing contract labour. The appropriate government
by an order notified in the Official Gazette will be appointing such
persons being Gazetted Officers of the government as it deems fit to be
registering offices under Chapter 3 of the Act. It further mentions the
limits, within which a registering officer shall exercise the powers and
functions as conferred upon them under the Act.

Registration of certain establishments

Section 7 of the Contract Labour (Regulation & Abolition) Act, 1970
states the registration procedure of the establishments falling under the
Act. The principal employer of such an establishment must make an
application to the registering office in the prescribed manner. By the
appropriate government notification in the Official Gazette must be
made within the stipulated period for registration of the establishment.
In cases of expiration of such stipulated period, the registering office
will only accept applications if the registering officer is satisfied that the
applicant was prevented by sufficient cause from making the application
in time.

After completion of the application of registration, the registering office

will register the establishment and grant the registration certificate to
the principal employer.

Revocation of registration
The registering office has the power to revoke the registration of an
establishment with the approval of the appropriate government if it is
satisfied that the registration of the establishment was received through
misrepresentation, suppression of any material fact, or any other
reason which renders the registration ineffective. However, before
revoking the registration the registering office must give an opportunity
to the principal employer of the establishment to be heard.

Prohibition of employment of contract labour

The Central or state government after consultation with the appropriate
advisory boards may prohibit the employment of contract labour in any
process, operation or other work in any establishment as stated
under Section 10 of the Act.
Licencing of contractors
Chapter 4 of the Contract Labour (Regulation & Abolition) Act, 1970
states the significant requirements and the procedure of licensing of
contracts. This Chapter lays down the required steps for granting,
revoking, suspending and amending a licence.

Appointment of licensing officers

The appropriate government by an order in the Official Gazette may
appoint Gazetted Officers of the government as licensing officers and
state their powers and functions under Section 11 of the Act.

Grant, revocation, suspension and amendment of licences

Any application for granting a licence under this Act must contain the
particulars regarding the location of the establishment, the nature of the
process, operation or work for which contract labour is to be employed.
The granted licence will be valid for the specified period and may be
renewed from time to time.

However, if it comes to the attention of the licencing officer that a

licence has been obtained through misrepresentation, suppression of
any material fact or the holder of the licence has failed to comply with
the conditions subject to granting of the licence or contravened any
provision of the Act then the licensing officer after giving reasonable
opportunity to be heard to the licence holder may revoke, suspend or
amend the licence as the case may be.

Procedure for appeal

Section 15 of the Act states that any person aggrieved under any
provision of the Act may appeal to an appellate officer appointed by the
appropriate government within thirty days from the date on which the
order is communicated to them.

Payment of wages
It is the responsibility of the contractor to pay the required wages to
each worker employed under contract labour before the expiry of the
stipulated period. If the contractor fails to make the payment within the
stipulated period then the principal employer shall be liable to make
payment of wages in full or the unpaid balance due. The wages are to
be fixed by the Commissioner of Labour.

Welfare and health of contract labour

Under Chapter 5 of the Act, it is the duty of the principal employer to
ensure that the contractor provides the following facilities adhering to
the rules laid down by the appropriate government.

 If the contractor is employing more than one hundred workmen

by contract labour then one or more canteens shall be provided
and maintained by the contractor for the use of such contract
labour.
 Concerning the work of an establishment where contract labour
is required to halt at night, the contractor must provide and
maintain restrooms or other suitable facilities which shall be
sufficiently lighted, ventilated, clean and comfortable.
 The contractor is liable to provide other facilities such as drinking
water, latrines and urinals (separate for men and women),
washing facilities, first-aid, etc.

Infringement of provisions concerning employment labour

Section 23 of the Contract Labour (Regulation & Abolition) Act, 1970
regulates the proper functioning of the provisions of the Act, it states
that if anyone violates any provisions or any rules concerning the
employment of contract labour or contravenes any condition of a licence
granted under this Act will be punished with imprisonment for a term
that may extend to three months or with fine which may extend to one
thousand rupees or both.

The Act further states that if any offence is committed by a company

infringing any provisions of the Act then the company, as well as every
person responsible during the time of the commission of the offence,
will be held liable.

Cognizance of offences
Under Section 26 a court of law can take cognizance of an offence only
when a complaint is made by an inspector, and no court inferior to a
Presidency Magistrate or a Magistrate of the First Class shall try any
offence punishable under this Act.

Constitutional validity of the Contract Labour (Regulation &

Abolition) Act, 1970
The application of this Act does not violate any Articles of the Indian
Constitution. In the case, Gammon India Ltd. Etc. Etc vs. Union Of India
and others (1974). the constitutional validity of the Act was challenged;
it was stated that Section 28 of the Act conferred arbitrary and
unguided power thus violating Articles 14 and 15 of the Indian
Constitution. It was also contended before the Court that Section 34 of
the Act which empowers the Central Government to make any provision
for removal of difficulty is unconstitutional on the grounds of excessive
delegation. The Supreme Court held that Section 34 of the Act is an
application for the internal functioning of the administrative machinery
and gives effect to the provisions of the Act, therefore does not amount
to excessive delegation. The Court dismissed the petitions and held that
the Act does not violate the Constitution and it is constitutionally valid.

Recommendations
The Contract Labour (Regulation & Abolition) Act, 1970 is an essential
legislature when it comes to the protection of the rights of workers who
are appointed based on a contract by a contractor. However, the Act
has several drawbacks which should be taken into account by the
legislature and the Act should be amended accordingly.

 The Act fails to state a distinction between core and peripheral

activities which have led to non-implementation.
 The Act states that it applies to every organisation employing 20
or more contract labourers, thus it enables the establishment or
contractor to avoid their responsibility regarding the welfare of
the workers by employing less than 20 workmen.
 Often the establishments take advantage of the provisions by
taking licences in different names. Therefore, to curtail this
problem there should be a single window for issuing licences and
there should be a licensing authority to deal with the situation in
every state.
  The penal provisions of the Act are not deterrent enough, so it
enables the principal employer to rather face prosecution instead
of following the provisions of the Act.
 Under the Act, the education scheme of contract labourers
should be extended as most workers are unskilled, illiterate and
ignorant of their rights.
 There is no direct or independent provision under the Act for
filing claims or short/non-payments; illegal deductions etc. these
claims are filed under the Payment of Wages Act, 1936 or
the Minimum Wages Act, 1948 that create problems regarding
the applicability of these Acts. Hence these provisions should be
included for better functioning of the Act.

Conclusion
The Contract Labour (Regulation & Abolition) Act, 1970 was enacted to
prevent exploitation of contract labourers as there was no existing
legislation that dealt with contract labour. However, certain
shortcomings of the Act must be taken into consideration by the
legislature and necessary changes should be made and implemented.
Furthermore, the Act should also be made easier and less complicated
for principal employers and contractors and with better safeguards and
amenities to contract labourers.
Short notes (Any 2 )
1.Employment of women under Factory Act

Introduction
Women in our country form an integral part of our workforce and the General Census
2001 stated that 127,220,248 people in the workforce are women. In other
words, 149.8 million female workers exist, 121.8 million women work in rural areas
while 28 million work in urban areas. Women in our country face certain discrimination
in the workplace. There was a time where women were not allowed to do certain jobs
but that was later amended and now women can do any job they choose to do. Even
though there are laws against discrimination women still face discrimination sometimes,
especially in work which is usually seen as a men’s job such as working in factories or
mines. As stated in Article 15 of The Constitution of India, there will be no
discrimination based on gender in anything. Yet some women face discrimination while
working in factories. Though the Factories Act, 1948 does provide for many provisions
related to women and women’s health, safety, well-being, and benefits, it still is lacking
in certain areas.

Health and safety provisions for women provided under the

Factories Act, 1948
Section 19: Latrines and urinals
Chapter III and Chapter IV of the Factories Act provide for health and safety provisions
respectively. Section 19 of the Factories Act mandates that every factory must have
enough latrine and urinal accommodations, for both men and women which should be
accessible to all the workers at all times. No person can be barred from using them at
any time and the employer must maintain adequate cleanliness and sanitation in the
latrines and urinals at all times. There should also be washing places nearby. Women,
in particular, should not have any problem. This section aims to keep women and men
healthy at all times. Though unfortunately both women and men had to work

Section 22: Work on or near machinery in motion

The Factories Act very clearly states in Section 22 that the lubrication of machinery
and/or adjustment of any machinery or any part of it, while it is in motion, will not be
done by any woman or a young person. This Section exists to prevent any dangerous
injury to any woman or child (young person).

Section 34: Excessive weights

Section 34 gives certain powers to the concerned State Government to make rules
regarding the maximum weight limit which would be lifted by women, men, and
younger people in the factories. It is clearly given that no one can be employed or
asked to move or lift a weight that may cause them harm or injury.
Section 27: Prohibition of employment of women and children near
cotton-openers
Section 27 of the Factories Act prohibits any women in employment to be employed in
any part of a factory for pressing cotton or in which a cotton opener is used. This is
done to keep the women healthy as there is a high risk of the cotton bales generating
flames. When wet cotton bales are being pressed (in cotton pressing) they generate
high amounts of heat and the things around them can catch fire. In many instances,
the dry cotton bales nearby have caught on fire and have caused fire-related accidents
and burns to the people in the immediate vicinity. Women are not allowed in the
process so as to prevent burn-related injuries.

The lacunae in the Factories Act, 1948 and the reality

In garment factories and clothes factories, women are being fired or are being
underpaid in the current corona pandemic. In the lockdown, many people sat in their
homes without work and hence without money. After the lockdown was lifted the
factories only allowed up to 30% of their workforce making many people still
unemployed. Female workers who had children were asked to not come to work to not
endanger their own lives and their children’s lives but the workers after some time
needed money to feed their families. The 30% workforce was allowed to follow the
social distancing norms and as it was the bare necessity.

Though Section 11 of the Factories Act, 1948 talks about cleanliness many factories are
not actually a very clean place. Many factories make workers work in horrible sanitation
surroundings and completely ignore the mandate. Many factories clearly violate multiple
health and sanitation demands from the Factories Act. Improper ventilation exists in
many factories, to the point that the workers sometimes go outside the factory to
breathe properly or as they call it “a breath of fresh air”. Waste is seldom cleared out
and some parts of factories have continuous dust and fumes (mainly due to mechanical
work causing it) and are not cleared out. The factory owners get away with all of this by
cleaning up the mess for a few days in case of inspection by the authorities
under Section 9 of the Act.

Improvement and initiative to protect women’s interests

There is vocational training for women under the Directorate General of Employment
and Training. This training program was made to make women independent and so they
could speak up, talk and learn. This training program helps them in getting better jobs
in the job market. The Directorate General of Employment and Training (DGE&T) is the
main agency for providing vocational training in the traditional and contemporary
courses and it even certifies women to be able to keep up with the trained skill
workmen to any industry and/or service sector. The courses under the DGE&T help
women achieve their goals and dreams by providing them with a much-needed
confidence boost along with the training they need to secure a job in the job market.
The DGE&T also plans long-term training programmes for women’s vocational training
in the entire country. The institution has eleven institutes from the central sector and
offers many courses to help women find jobs or self-employment by giving them the
skills necessary to do so. The vocational training even exists in the state sector and the
women are exclusively taught craftsmanship through a network of people under
administrative control. Some of the courses offered by DGE&T are dressmaking,
electronics, architecture, and secretarial practice.

A project for reducing sexual harassment in factories and workplaces was supported by
the United Nations fund which is training thousands of women workers in India and
Bangladesh through education. Many of the teachers there were victims themselves and
hence understand the pain of their students and hence know how to teach them how to
stand up for themselves and stop the sexual harassment once and for all. This project is
even supported by the United Nations Trust Fund to End Violence against Women, and
focuses on 24 different factories and all of their 3,500 women workers and 15,000 other
workers and imparts them the education necessary to stand up to such uncivil
behaviour by their co-workers.

Conclusion
Women in factories have faced many hardships, there was a time they were denied jobs
or were given jobs with sub-par conditions and less than average wages which they had
to still take as they were desperate. It improved to the point that legislation was
implemented to aid them but the benefits were only on paper and not practically. Now,
finally, the benefits are showing in practice, with the help of different NGOs and United
Nations Welfare schemes along with our women care bodies established by the
government, women in factories are finally getting what they duly deserve. Women are
getting the wages that they duly deserve, and receiving the most benefits that they are
supposed to. Though there are some places where they need help, it has improved a lot
than it was a decade ago. But we must stay vigilant as then only then can we stop
exploration of any kind, to man, woman, or child. The government must keep
implementing laws for the benefit of all and make bodies to see the valid practical
implementation of those beneficial laws. Only then can we say we have achieved true
equality and women in all workplaces will be safe!
2.Defination of Wages under Payment of Wages Act
Payment of Wages Act, 1936

2. Definitions

In this Act unless there is anything repugnant in the subject or context -

(i ) "employed person" includes the legal representative of a deceased employed

person;

( ia ) "employer" includes the legal representative of a deceased employer;

( ib ) "factory" means a factory as defined in clause (m) of section 2 of the

Factories Act 1948 (63 of 1948) and includes any place to which the provisions of
that Act have been applied under sub-section (1) of section 85 thereof;

(ii) "industrial or other establishment" means any -

(a) tramway service or motor transport service engaged in carrying passengers or

goods or both by road for hire or reward;

( aa ) air transport service other than such service belonging to or exclusively

employed in the military naval or air forces of the Union or the Civil Aviation
Department of the Government of India;

(b) dock wharf or jetty;

(c) inland vessel mechanically propelled;

(d) mine quarry or oil-field;

(e) plantation;

(f) workshop or other establishment in which articles are produced adapted or

manufactured with a view to their use transport or sale;

(g) establishment in which any work relating to the construction development or

maintenance of buildings roads bridges or canals or relating to operations
connected with navigation irrigation or to the supply of water or relating to the
generation transmission and distribution of electricity or any other form of power is
being carried on;

(h) any other establishment or class of establishments which the Central

Government or a State Government may having regard to the nature thereof the
need for protection of persons employed therein and other relevant circumstances
specify by notification in the Official Gazette.
(iia ) "mine" has the meaning assigned to it in clause (j) of sub-section (1) of
section 2 of the Mines Act 1952 (35 of 1952);

(iii) "plantation" has the meaning assigned to it in clause (f) of section 2 of the
Plantations Labour Act 1951 (69 of 1951);

(iv) "prescribed" means prescribed by rules made under this Act;

(v) "railway administration" has the meaning assigned to it in clause (6) of section
3 of the Indian Railways Act 1890 (9 of 1890); and

(vi) "wages" means all remuneration (whether by way of salary allowances or

otherwise) expressed in terms of money or capable of being so expressed which
would if the terms of employment express or implied were fulfilled by payable to a
person employed in respect of his employment or of work done in such
employment and includes -

(a) any remuneration payable under any award or settlement between the parties
or order of a court;

(b) any remuneration to which the person employed is entitled in respect of

overtime work or holidays or any leave period;

(c) any additional remuneration payable under the terms of employment (whether
called a bonus or by any other name);

(d) any sum which by reason of the termination of employment of the person
employed is payable under any law contract or instrument which provides for the
payment of such sum whether with or without deductions but does not provide for
the time within which the payment is to be made;

(e) any sum to which the person employed is entitled under any scheme framed
under any law for the time being in force, but does not include -

(1) any bonus (whether under a scheme of profit sharing or otherwise) which does
not form part of the remuneration payable under the terms of employment or which
is not payable under any award or settlement between the parties or order of a
court;

(2) the value of any house-accommodation or of the supply of light water medical
attendance or other amenity or of any service excluded from the computation of
wages by a general or special order of the State Government;

(3) any contribution paid by the employer to any pension or provident fund and the
interest which may have accrued thereon;

(4) any travelling allowance or the value of any travelling concession;

(5) any sum paid to the employed person to defray special expenses entailed on
him by the nature of his employment; or

(6) any gratuity payable on the termination of employment in cases other than
those specified in sub-clause (d).
3. Total and partial disablement

Partial Disability?
A partial disability is a type of medical condition that affects a worker from performing their job duties at
full capacity. This can occur when a worker is involved in an incident and sustains an injury that affects
their ability to do their work, but can still carry out some of the necessary job functions for work.

For example, a construction worker who suffers a permanent back injury while doing their job may no
longer be able to carry heavy construction materials. However, they may still be able to consult or perform
other tasks to complete a construction or renovation project.

In some instances, a worker may be able to claim disability benefits if they sustained an injury while on
the job. In order to recover benefits in such cases, a worker will need to prove that the injury was directly
related to some necessary function of their work and was a result of such job duties. Partial disabilities that
stem from work-related injuries may occur over a long period of time or from a single incident.

Some common examples of work-related injuries that may permit a worker to claim partial disability
status include the following:

 Chronic pain;
 Carpal tunnel syndrome;
 Back and neck problems;
 Heart attacks;
 Diabetes;
 Gastrointestinal issues;
 Fibromyalgia; and
 Sensory loss (e.g., vision damage or hearing loss).

In addition, there are some work-related injuries that may involve an emotional or psychological
component that may also qualify for either partial or long-term disabilities. This depends on the harm
involved. For instance, a worker may be able to claim long-term disabilities for occupational stress if they
can show that an emotional or psychological factor contributed to them developing physical symptoms or
illnesses.

Contents

Total Disability
On the other hand, a total disability is a type of medical condition or disability that prevents a person from
doing any work at all. In general, a total disability usually involves the loss of limbs, such as arms or legs,
and may also include when a worker injures one or both of their hands or eyes.
A total disability may also arise when a worker develops a disease as a result of their work. This is known
as an occupational disease and may include any medical disorders that prevent a person from working and
from enjoying daily life activities. Such disorders may include:

 Chronic obstructive pulmonary disease;

 Lung disease (e.g., asbestosis);
 Multiple sclerosis;
 Parkinson’s disease;
 Mesothelioma; and
 Various other conditions that fall into the criteria listed under the law.

The laws for total disability benefits only provide specific criteria rather than listing actual diseases. Thus,
whether or not a person can enjoy daily life activities will be one of the determining factors applied in
deciding if a person should receive total disability benefits. Some examples of daily life activities include:

 Breathing;
 Speaking;
 Walking;
 Learning;
 Working; and/or
 Eating.

However, not all total disabilities may be permanent. Some may only be temporary total disabilities, while
others may last for the rest of a worker’s life.

What Is the Difference between Total vs. Partial Disability?

One of the main differences between total disability and partial disability is that the latter will not entirely
prevent a worker from doing their job. On the other hand, a total disability is a disability that would make
it impossible for a worker to perform any of their required job duties.

Another major difference between total disability and partial disability is that workers who suffer from a
total disability are completely prevented from returning to their job. Thus, they are unable to earn a living.
Therefore, someone who is totally disabled will receive more benefits throughout the duration of their
injury than someone who is only partially disabled and can perform some of their job duties.

In addition, a worker who has a total disability will usually need to prove that they have injuries that will
prevent them from returning to their job for at least a year, cannot work in any other professions, and can
no longer work at the job from which they received their injury. In contrast, a partially disabled worker
will only need to show that they have an injury, which stops them from performing some material job
duties, but not all of them.
What Is “Permanent Disability”?

Permanent disability status means that a worker will suffer from a resulting work-related injury or illness
for the remainder of their lives. In other words, they are not expected to recover from their injury or
illness. Depending on whether a permanent disability is total or partial, a person may not be able to ever
work full time at a job again (i.e., total) or they may only be able to work in a limited capacity forever
(i.e., partial).

Some permanent total disability examples may include:

 Losing an arm or leg;

 Becoming paralyzed; and/or
 Developing severe psychological injuries (e.g., post-traumatic stress disorder (PTSD)).

A worker who has a temporary partial disability, however, is expected to eventually be able to work again.
They may even be able to work in a limited capacity since their injuries or illness are only considered to
be partial and not total. Thus, at some point, the worker can return to their job or a new job and continue to
earn a living. For instance, breaking a leg may be considered an example of a temporary partial disability.

How Do I File for a Total or Partial Disability Claim?

The process for filing for total disability benefits and/or filing for partial disability benefits are largely
contingent on federal and/or state specific laws and requirements. The process to apply for such benefits
may also depend on whether a worker’s disability is considered to be temporary or permanent as well.
Remember, a total or partial disability can be either temporary or permanent.

This will generally include either filing a claim with an insurance company, a state workers’ compensation
program, or a federal government agency, such as the Social Security Administration. The worker must
determine what types of benefits they qualify for or wish to collect, which will depend on the specific
requirements of each of these entities as well as on the disability they developed.

Most of these requirements can either be found by reviewing state laws, visiting the websites for such
entities, speaking with a representative in a worker’s human resources department, and/or contacting an
employment law attorney. For instance, a worker who wishes to claim social security disability benefits
due to having a total permanent disability can visit the website for the Social Security Administration for
further information.
4. Lay off & Retrenchment.
Layoff and Retrenchment
The Industrial Disputes Act of 1947 addresses layoffs and retrenchments. When an employee is
laid off, it means that they were fired by their employer for non-fault-related reasons. A layoff is
temporary in nature because it shows that an employer can't keep hiring the workers for a limited
time.
Retrenchment describes a scenario in which an employer fires staff in an effort to boost profits
and cut costs. Even when an employee is laid off, the loss of their employment is not their
responsibility.

Meaning of Layoff
The term "layoff" is defined as the inability, failure, or refusal of the employer to offer employment
to a worker whose name is listed on the muster roll of his industrial formation and who is not
retrenched due to a lack of power, coal, raw materials, accumulation of stocks, breakdown of
machinery, a natural calamity, or any other relevant reason. This definition is found in Section
2(kkk) of the Industrial Disputes Act, 1947.

The Prerequisites for Layoff

 There must be an inability, refusal, or refusal on the part of the employer to hire the workers.
 Such incapacity, failure, or refusal must be brought about by a deficiency of electricity, coal,
raw materials, stockpiling, a machine breakdown, a natural disaster, or any other pertinent
cause.
 The employer's industrial establishment's muster roll must include the worker's name.
 No retrenchment must have been imposed on the worker.
During the working hours of any day, a worker whose name appears on the muster roll of the
employer's industrial plant and who reports for duty but is not hired within two hours of his arrival
is said to be laid off for that day. Similar to this, if a worker is asked to work during the second half
of his shift and gets hired, he is considered to have been laid off for the first part of the day. He is
regarded to have been laid off for the entire day if, despite reporting for work during the second
half of the day, he is still unemployed.

Layoffs are Prohibited by The Industrial Disputes Act of

1947
While firing employees, an employer is subject to several restrictions. These limitations apply to
industrial facilities with more than 100 employees that are not seasonal in nature. A worker whose
name appears on the muster roll of an industrial facility cannot be let go by an employer unless
there is a power outage or a natural disaster.
Fire, explosion, an overabundance of combustible gas, or a flood can also be the causes of mine-
related work. After receiving approval from the relevant authorities designated by the government
or the government itself, an employer may fire employees. In order to accomplish this, the
employer must submit an application outlining the grounds for the layoff and deliver a copy of this
application to each affected worker.
The responsible body or the government may request information regarding such a layoff after
receiving an application. Following such an investigation, the employer and the employees who
are being let go must be informed of the government's or the responsible authority's decision. The
application for permission shall be deemed approved if the relevant authority or the government
does not transmit its decision about the grant or denial of permission for such a layoff within 60
days of the date of the application.
The involved authority's or the government's order may be appealed or referred to a tribunal for
adjudication on its own initiative or in response to a request filed by an employer or any employee.

Meaning of Retrenchment
The Industrial Disputes Act, 1947, mentions retrenchment under Section 2(oo). Retrenchment,
according to the aforementioned provision, is defined as the dismissal of a worker for any cause
other than as punishment for enforcing disciplinary measures.
However, voluntary retirement, retirement at the age of superannuation as specified in the
employment contract, removal due to continued illness, and termination of the employment
contract or non-renewal after its expiration are not included in retrenchment.

Prerequisites for Retrenchment

 The employee must get a one-month written notice from the employer outlining the reasons
for the retrenchment, or in lieu of that notice, they must be provided salaries for the notice
period, according to this Section.
 When a worker is laid off, the employer is required to give them compensation equal to 15
days' worth of wages on average for each year they have worked continuously.
 A reduction-in force notice must also be given to the relevant government.
The Retrenchment Process
An employer must make sure to retrench a worker who was deemed the final applicant to be hired
for a certain job at the time of employment if he or she belongs to a particular class of workers
employed in the employer's firm. Retrenchments typically follow the guideline that they must begin
with fresh or inexperienced employees and work their way up to more seasoned or senior
employees.
The above-mentioned technique, however, has two exceptions: if the employer and the workers
have a contract in place that deviates from the law; or if the employer gives any other worker a
reason to be laid off. Employees with specialized talents whose services are essential to the
establishment's smooth operation must continue to be employed by the employer in good faith.

Comparison Between Retrenchment and Layoffs

Retrenchment, on the other hand, refers to the removal of surplus workers from an industrial
establishment to increase productivity, provided that such removal is carried out for any reason
whatsoever other than as a form of punishment in support of enforcing disciplinary action. A layoff
essentially refers to the temporary termination of a worker at the disposal of an employer.
A layoff results in a temporary termination, but a retrenchment results in a permanent termination.
In both cases, the employer-employee relationship ends, although it does not end in the first.
When an industrial establishment is laid off, after the announcement, it ceases to exist or operate.
Retrenchment, however, does not result in a suspension of the industrial establishment's
activities. Once the layoff term has expired, a worker who has been let go is given a new position.
Retrenchments result in the worker's employment being instantly ended and the employer and
worker no longer having any contact.
Conclusion
Any firm that operates relies on a variety of factors to operate, increase revenues, and decrease
losses. Additionally, it must provide its staff with adequate care so that they can contribute
effectively to the growth of the business. But in order to remain competitive, these businesses
must make judgments quickly and accurately.
Layoffs and retrenchments, which both follow specific procedures to ensure that the workers are
not subjected to unjust conditions, may be advantageous to the corporation in terminating the
employees or workers.