LABOUR LAW-II SEMESTER-VI ASSIGNMENT

“FACTORIES ACT, 1948- PROVISIONS RELATING TO HAZARDOUS PROCESS,

WELFARE PROVISIONS AND EMPLOYMENT OF YOUNG PERSONS (UNIT-II)”

NAME: ARFA IMTEYAZ

COURSE: 3RD YEAR B.A.LL. B (Hons)

SEMESTER: 6TH SEMESTER

R. No: 14, REGULAR BATCH

STUDENT ID: 202003793

1
ACKNOWLEDGEMENTS

Law school is a journey, complete with hurdles, medals, pain, and appreciation. I am fortunate
to be a law student in Jamia Millia Islamia, where the faculty members are hardworking, highly
skilled, and most importantly, very helpful. I am glad to have Nand Kishor sir, taking Labour
Law-II as a subject in my third year of this journey, as he is not only hardworking and talented
but also highly dedicated to teaching us students the many concepts of Labour Law.

From Standing Orders Act and Factories Act to workers’ compensation and Minimum Wages
Act, he has taught us the many mechanisms of the Indian legal system, labour law and the
welfare of labour class, the concepts might be easy or difficult to understand, but either way,
sir makes it highly interesting and tries to engage the whole class in the discussions.

I would therefore firstly like to thank sir for his constant dedication and help. He does not think
twice before helping us and clearing our queries, and makes us intrigued towards the concepts
by using various case laws to explain.

I would also thank my family and friends for being constant supporters and for cheering me on
whenever I felt low, and for making readily available, the material required to study well and
do assignments properly.

Also, I would like to thank Faculty of Law, JMI for this wide, comprehensive syllabus, which
will benefit us in our legal career heavily.

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TABLE OF CONTENTS

S.NO. TOPIC PAGE NO.

1. Introduction 4
2. Chapterization 4-12
Chapter I: History of Labour Law in India
Chapter II: Factories Act, 1948
Chapter III: Provisions relating to health and safety
Chapter IV: Provisions relating to hazardous work, welfare
provisions and employment of youth
Chapter V: Judicial Pronouncements
3. Chapter VI: Conclusion 12
4. Bibliography 13

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INTRODUCTION

Labour law, also known as employment law, is a set of legal rules and regulations that govern
the relationship between employers and employees in the workplace.1 It deals with issues such
as working hours, minimum wages, overtime, vacation time, and other employment-related
matters.2 The main aim of labour law is to provide legal protection to workers and ensure that
they are treated fairly and equitably by their employers.3

Labour law encompasses a broad range of legal issues, including hiring and firing, workplace
safety, anti-discrimination, workers' compensation, and collective bargaining. Hiring and firing
practices are regulated by labour law, which requires employers to provide equal employment
opportunities to all job applicants and to follow certain procedures when dismissing
employees.4 Workplace safety regulations are also an important aspect of labour law, as they
require employers to provide a safe and healthy working environment for their employees.5

I. HISTORY OF LABOUR LAW IN INDIA

The history of labour law in India can be traced back to the early 20th century when the British
colonial government introduced a series of labour laws to regulate the employment of workers
in the country.6 The first labour law enacted in India was the Factories Act of 1881, 7 which
aimed to protect workers in factories from exploitation and unsafe working conditions. The
labour laws in India continued to evolve during the colonial period, with the introduction of
several important pieces of legislation, including the Mines Act of 19238 and the Trade Unions
Act of 1926.9 These laws provided legal recognition to trade unions and gave workers the right
to form and join unions.

After India gained independence in 1947, the Indian government continued to develop and
expand its labour laws to address the needs and concerns of the country's growing workforce.
In 1950, the Constitution of India was adopted, which included several provisions related to

1
Kothari v. Syndicate Bank, (1995) 1 LLJ 843 (SC)
2
S.K. Ghosh v. Chairman, South Eastern Rly, AIR 1960 Cal 292
3
Industrial Disputes Act, 1947.
4
The Employees' State Insurance Act, 1948
5
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952
6
S. Vaidya Nathan, Labour Law in India: Historical Evolution and Future Prospects, 1 Indian J. Lab. Econ. 5, 6
(1957)
7
Factories Act, 1881, § 3, Acts of the Governor-General of India, 1881 (XII of 1881).
8
Mines Act, 1923, § 3, Acts of the Governor-General of India, 1923 (IV of 1923)
9
Trade Unions Act, 1926, § 19, Acts of the Governor-General of India, 1926 (XVI of 1926).

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labour rights and protections.10 These provisions included the right to work, the right to a living
wage, and the right to form and join unions.

In 1952, the Indian government enacted the Industrial Disputes Act,11 which provided a legal
framework for the resolution of labour disputes and the regulation of employment conditions
in the country. The Act established procedures for the negotiation and settlement of labour
disputes, and it required employers to provide notice and compensation to workers who were
terminated without cause. In the following years, several other important labour laws were
enacted in India, including the Minimum Wages Act of 1948,12 the Payment of Bonus Act of
1965,13 and the Employees' Provident Funds and Miscellaneous Provisions Act of 1952.14
These laws provided additional protections for workers and ensured that they received fair
compensation and benefits. Today, labour law in India is governed by a complex system of
federal and state laws, which cover a wide range of employment-related matters, including
minimum wages, working hours, social security, and industrial relations.15 The legal
framework for labour rights and protections in India continues to evolve, with new laws and
regulations being introduced to address emerging issues and concerns in the modern workplace.

II. FACTORIES ACT, 1948

The Factories Act, 194816 is a central legislation that regulates the working conditions in
factories across India. The Act was enacted to ensure that workers in factories are provided
with basic amenities, working hours are regulated, and the environment is safe and healthy.
The Act defines a "factory" as any premises where ten or more workers are employed, or where
manufacturing process is carried out with the aid of power, or where twenty or more workers
are employed, or where manufacturing process is carried out without the aid of power 17. The
Act lays down various provisions for the welfare of workers, including provisions related to
working hours, weekly rest, annual leave, overtime, and maternity benefits18.

10
Constitution of India, art. 41, 42, 43, available at https://indiacode.nic.in/handle/123456789/1532.
11
Industrial Disputes Act, 1947, § 10, Acts of Parliament, 1947 (14 of 1947)
12
Minimum Wages Act, 1948, § 3, Acts of Parliament, 1948 (11 of 1948)
13
Payment of Bonus Act, 1965, § 4, Acts of Parliament, 1965 (21 of 1965)
14
Employees' Provident Funds and Miscellaneous Provisions Act, 1952, § 3, Acts of Parliament, 1952 (19 of
1952)
15
The Code on Wages, 2019, available at,
https://www.prsindia.org/billtrack/code-wages-2019
16
The Factories Act, 1948
17
Section 2(m), The Factories Act, 1948
18
Sections 51-59, The Factories Act, 1948

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Under the Act, the maximum number of hours that a worker can work in a week is 48 hours,
and the maximum number of hours that can be worked in a day is nine hours, with a break of
at least half an hour after every five hours of work19. The Act also requires that workers be
given a weekly day of rest, which is usually Sunday20. The Act also lays down provisions
related to health and safety in the workplace. It requires that factories be kept clean and free
from dust, fumes, and other hazardous substances, and that workers be provided with protective
equipment and clothing as necessary21. The Act also mandates the appointment of a factory
inspector to ensure compliance with the provisions of the Act22. The Act also includes
provisions related to employment of women and children in factories. It prohibits the
employment of children under the age of 14 years, and prohibits the employment of women in
certain types of work, such as night shifts23.

Overall, the Factories Act, 1948 plays a crucial role in protecting the rights and ensuring the
welfare of workers in factories in India. It has been amended several times over the years to
keep up with changing times and emerging concerns in the workplace.

III. HEALTH AND SAFETY PROVISIONS

The Factories Act, 1948 lays down several provisions related to the health and safety of workers
in factories in India. These provisions are aimed at ensuring that workers are provided with a
safe and healthy working environment and are protected from the hazards of the workplace.
Some of the key provisions related to health and safety under the Act are:

1. Cleanliness: The Act requires that every factory be kept clean and free from dust, fumes,
and other hazardous substances that may be injurious to the health of the workers.24
2. Disposal of waste and effluent: The Act requires that every factory have arrangements
for the disposal of waste and effluent in a manner that does not cause pollution or pose
a risk to the health of the workers.25

19
Sections 51-54, The Factories Act, 1948
20
Section 52, The Factories Act, 1948
21
Sections 11-20, The Factories Act, 1948
22
Section 8, The Factories Act, 1948
23
Sections 67-72, The Factories Act, 1948
24
Section 11, The Factories Act, 1948
25
Section 12, The Factories Act, 1948

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 3. Ventilation and temperature: The Factories Act requires that every factory be adequately
ventilated and that the temperature inside the factory be maintained at a level that is
comfortable and safe for the workers.26 [Section 13]
4. Lighting: The Act requires that every factory be adequately lit, with natural or artificial
light, to ensure that workers can see clearly and perform their work safely. 27
[Section
14]
5. Drinking water: The Act requires that every factory provide clean drinking water to its
workers.28 [Section 18]
6. Latrines and urinals: The Act requires that every factory provide adequate and clean
latrines and urinals for its workers29. [Section 19]
7. First aid: The Act requires that every factory have arrangements for providing first aid
to its workers in case of accidents or injuries.30 [Section 42]
8. Safety measures: The Act requires that every factory take appropriate measures to
ensure the safety of its workers, such as providing protective equipment and clothing,
fencing dangerous machinery, and ensuring the safe handling of hazardous
substances.31 [Section 21]
9. Appointment of safety officers: The Act requires that every factory employing more
than 1,000 workers or where a manufacturing process involves a risk of bodily injury,
poisoning or disease, employ a qualified safety officer.32 [Section 40-B]

These provisions are aimed at protecting the health and safety of workers in factories and
ensuring that they can work in a safe and healthy environment. The Act has been amended
several times over the years to keep up with changing times and emerging concerns in the
workplace.

26
Section 13, The Factories Act, 1948
27
Section 14, The Factories Act, 1948
28
Section 18, The Factories Act, 1948
29
Section 19, The Factories Act, 1948
30
Section 42, The Factories Act, 1948
31
Section 21, The Factories Act, 1948
32
Section 40-B, The Factories Act, 1948

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 IV. WELFARE PROVISIONS AND EMPLOYMENT OF YOUTH

The Factories Act, 1948 contains several provisions related to hazardous processes, welfare,
and employment of young persons in factories in India. These provisions are aimed at ensuring
the safety and well-being of workers, particularly those who are employed in hazardous
industries or who are young and vulnerable. Some of the key provisions related to hazardous
processes, welfare, and employment of young persons under the Act are:

1. Hazardous processes: The Act defines a hazardous process as any process that involves
the use, handling, storage, or transportation of any substance that is deemed hazardous
to human health or safety. It requires that factories engaged in such processes take
specific measures to ensure the safety of workers, such as providing protective
equipment, maintaining proper ventilation, and ensuring the safe handling and storage
of hazardous substances.33
2. Welfare provisions: The Act lays down several welfare provisions that are aimed at
promoting the health and well-being of workers in factories. These provisions include
requirements for the provision of clean drinking water, latrines, and urinals, washing
facilities, and canteen facilities for workers.34
3. Employment of young persons: The Act lays down specific provisions related to the
employment of young persons (i.e., persons below the age of 18) in factories. It
prohibits the employment of young persons in certain hazardous processes, and requires
that factories employing young persons take specific measures to ensure their safety
and well-being, such as providing protective equipment and clothing, and ensuring that
they are properly supervised35.
4. Health and safety committees: The Act requires that factories employing more than 250
workers establish a health and safety committee, which must meet regularly to review
and advise on matters related to the health, safety, and welfare of workers.36

These provisions are aimed at protecting the health, safety, and well-being of workers in
factories, particularly those who are engaged in hazardous processes or who are young and
vulnerable. The Act has been amended several times over the years to keep up with changing
times and emerging concerns in the workplace.

33
Section 2(cb), Section 41A, Factories Act, 1948.
34
Section 18, Section 19, Section 42, Section 46, Factories Act, 1948.
35
Section 23, Section 24, Factories Act, 1948.
36
Section 41B, Factories Act, 1948.

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 V. JUDICIAL PRONOUNCEMENTS

In the case of Municipal Corporation of Delhi v. Female Workers (Muster Roll)37, the Supreme
Court of India considered the question of whether the provisions of the Factories Act, 1948
applied to female workers who were employed on muster rolls by the Municipal Corporation
of Delhi. The workers had contended that they were entitled to the benefits and protections
provided by the Act, including those related to health and safety.

The Court held that the provisions of the Act applied to all factories, including those run by the
Municipal Corporation of Delhi, and that female workers employed on muster rolls were
entitled to the same benefits and protections as other workers. The Court noted that the Act
contained specific provisions related to the health and safety of workers, including
requirements for the provision of clean drinking water, latrines, and urinals, and washing
facilities. The Court held that these provisions were aimed at protecting the health and safety
of workers, and that they applied to all workers, including those employed on muster rolls.

The Court further noted that the Act contained provisions related to the employment of young
persons, and that factories employing young persons were required to take specific measures
to ensure their safety and well-being. The Court held that these provisions were aimed at
protecting the vulnerable and that they applied to all factories, including those run by the
Municipal Corporation of Delhi.

In conclusion, the case of Municipal Corporation of Delhi v. Female Workers (Muster Roll) is
an important case law related to the provisions of the Factories Act, 1948. The case affirms the
applicability of the Act to all factories and all workers, including those employed on muster
rolls, and highlights the importance of the Act's provisions related to the health and safety of
workers, particularly those who are young and vulnerable.

OTHER CASES

1. Indian Hume Pipe Co. Ltd. v. Its Workmen38

Facts: The Indian Hume Pipe Company was engaged in the manufacture of cement pipes and
other concrete products. The workers employed by the company demanded certain benefits,
including the provision of protective equipment and clothing, as well as compensation for
accidents and injuries suffered while working. The company refused to provide these benefits

37
(2000) 10 SCC 241
38
AIR 1960 SC 675

9
and the matter was referred to an industrial tribunal, which directed the company to comply
with the provisions of the Factories Act, 1948. The company challenged the tribunal's decision
in the Supreme Court of India.

Judgement: The Supreme Court of India held that the provisions of the Factories Act, 1948
were mandatory in nature and that factories must comply with all the provisions of the Act. The
Court noted that the Act contained specific provisions related to the health and safety of
workers, particularly those employed in hazardous processes. The Court emphasized that the
purpose of the Act was to protect the health and safety of workers and that it was the duty of
factories to comply with these provisions to ensure the safety of workers. The Court also held
that factories were required to provide compensation for accidents and injuries suffered by
workers while working.

Aftermath: The judgement in Indian Hume Pipe Co. Ltd. v. Its Workmen reinforced the
importance of the provisions of the Factories Act, 1948 related to the health and safety of
workers. The judgement clarified that the Act's provisions were mandatory and that factories
must comply with them to ensure the safety of workers. The judgement also emphasized the
importance of providing compensation to workers who suffered accidents and injuries while
working.

2. Standard Vacuum Refining Co. of India Ltd. v. Its Workmen39

Facts: The Standard Vacuum Refining Company was engaged in the manufacture of petroleum
products. The workers employed by the company demanded certain benefits, including the
provision of protective equipment and clothing, as well as compensation for accidents and
injuries suffered while working. The company refused to provide these benefits and the matter
was referred to an industrial tribunal, which directed the company to comply with the
provisions of the Factories Act, 1948. The company challenged the tribunal's decision in the
Supreme Court of India.

Judgement: The Supreme Court of India held that the Factories Act, 1948 was a social welfare
legislation that aimed at protecting the health, safety, and welfare of workers. The Court
emphasized the importance of the Act's provisions related to the employment of young persons
and held that factories must take specific measures to ensure the safety and well-being of young

39
AIR 1960 SC 948

10
workers. The Court also held that factories were required to provide compensation for accidents
and injuries suffered by workers while working.

Aftermath: The judgement in Standard Vacuum Refining Co. of India Ltd. v. Its Workmen
reaffirmed the importance of the provisions of the Factories Act, 1948 related to the health,
safety, and welfare of workers. The judgement clarified that the Act was a social welfare
legislation that aimed at protecting the interests of workers. The judgement also emphasized
the importance of taking specific measures to ensure the safety and well-being of young
workers.

3. Kusum Ingots & Alloys Ltd. v. Union of India40

Facts: Kusum Ingots & Alloys Ltd. was engaged in the manufacture of steel ingots. The
company challenged the applicability of the provisions of the Factories Act, 1948 to its
operations on the grounds that it was a small-scale industry. The company contended that the
Act's provisions related to the health and safety of workers were too onerous for small-scale
industries and that compliance with these provisions would be a burden on the company's
business.

Judgement: The Supreme Court of India held that the provisions of the Factories Act, 1948
applied to all factories, irrespective of their size. The Court noted that the purpose of the Act
was to protect the health and safety of workers, and that this objective could not be
compromised merely because a factory was small. The Court emphasized that compliance with
the Act's provisions was essential for ensuring the safety of workers and that any failure to
comply with these provisions would amount to a violation of the workers' fundamental right to
life and personal liberty.

Aftermath: The judgement in Kusum Ingots & Alloys Ltd. v. Union of India clarified that the
provisions of the Factories Act, 1948 applied to all factories, irrespective of their size. The
judgement emphasized the importance of the Act's provisions related to the health and safety
of workers and emphasized that compliance with these provisions was essential for ensuring
the safety of workers. The judgement also clarified that any failure to comply with these
provisions would amount to a violation of the workers' fundamental right to life and personal
liberty. The judgement had a far-reaching impact on small-scale industries in India, which were
required to comply with the Act's provisions related to the health and safety of workers.

40
(2004) 6 SCC 254

11
 4. Mukund Iron & Steel Works Ltd. v. Employees' State Insurance Corporation41

Facts: Mukund Iron & Steel Works Ltd. was engaged in the manufacture of iron and steel
products. The company challenged the applicability of the provisions of the Employees' State
Insurance Act, 1948, which required employers to contribute to a social security fund for the
benefit of their employees. The company contended that the Act's provisions were
discriminatory and violated the constitutional principle of equality.

Judgement: The Supreme Court of India held that the provisions of the Employees' State
Insurance Act, 1948 were not discriminatory and did not violate the constitutional principle of
equality. The Court noted that the Act aimed to provide social security benefits to workers and
that employers were required to contribute to the fund to ensure that workers received these
benefits. The Court held that the Act's provisions were aimed at promoting the welfare of
workers and that they did not unfairly burden employers.

Aftermath: The judgement in Mukund Iron & Steel Works Ltd. v. Employees' State Insurance
Corporation clarified the scope and applicability of the provisions of the Employees' State
Insurance Act, 1948. The judgement reaffirmed the importance of providing social security
benefits to workers and clarified that employers were required to contribute to the fund to
ensure that workers received these benefits. The judgement also emphasized that the Act's
provisions were aimed at promoting the welfare of workers and that they did not unfairly
burden employers.

VI. CONCLUSION

The Factories Act, 1948 is a crucial piece of legislation in India that governs the working
conditions of workers in factories across the country. The Act contains several provisions
related to the health and safety of workers, particularly those who are employed in hazardous
industries or who are young and vulnerable. These provisions are aimed at ensuring that
workers can work in safe and healthy conditions, and are not exposed to any harm or danger.

One of the key provisions of the Act relates to hazardous processes. The Act defines hazardous
processes as any process that involves the use, handling, storage, or transportation of any
substance that is deemed hazardous to human health or safety. Factories engaged in such
processes are required to take specific measures to ensure the safety of workers, such as

41
AIR 1962 SC 602

12
providing protective equipment, maintaining proper ventilation, and ensuring the safe handling
and storage of hazardous substances.

The Act also lays down several welfare provisions that are aimed at promoting the health and
well-being of workers in factories. These provisions include requirements for the provision of
clean drinking water, latrines, and urinals, washing facilities, and canteen facilities for workers.
Additionally, the Act lays down specific provisions related to the employment of young persons
in factories. It prohibits the employment of young persons in certain hazardous processes, and
requires that factories employing young persons take specific measures to ensure their safety
and well-being.

Overall, the provisions of the Factories Act, 1948 are aimed at protecting the health, safety, and
well-being of workers in factories across India. These provisions are crucial in ensuring that
workers can work in safe and healthy conditions, and are not exposed to any harm or danger.
The Act has been amended several times over the years to keep up with changing times and
emerging concerns in the workplace, and remains a cornerstone of India's labour laws today.

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9. Ministry of Labour and Employment, Government of India. (2019). The Code on
Wages, 2019. Available at
https://labour.gov.in/sites/default/files/TheCodeonWagesAct2019_0.pdf
10. Ministry of Labour and Employment, Government of India. (2021). Minimum Wages.
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