Evolution of Machinery for Labour Administration

15/09/2022 0 By indiafreenotes

Labour Administration Machinery

The machineries for labour administration in the states are similar to those operating at the center. As explained earlier in the chapter, most of the important labour subjects in the concurrent list of the constitution. The central government is empowered to give direction to the state government and to delegate powers and impose duties on them. Many central labour laws are enforced both by the central and state government in industries or establishments falling under their respective jurisdictions.

Generally speaking, labour administration of the state governments is on a pattern similar to central labour administration with slight variations relating to implementing agencies and the requirements of the state enactments and non-statutory labour programmes. the main organizations for labour administration in the states comprise, department of labour and employment (secretariat), office of labour commissioner chief inspectorate of factories, chief inspectorate of boilers, office of chief inspector, shops and establishments, directorate, employment and training, directorate, medical services ESI scheme), social security directorate and adjudication authorities.

Department of Labour and Employment (Secretariat)

The responsibility for labour administration in the states generally vests in the department of labour and employment, the secretariat of which represents the government side. It is generally in charge of a minister, who may occasionally be assisted by a minister of state and deputy minister. on the official side, the secretary or the principal secretary is the chief executive. his team generally includes an additional secretary, and a few joint secretaries, deputy secretaries and under secretaries according to requirements. it is this organization that formulates the labour policy of the state, establishes liaison with the central ministry of labour coordinates and guides the activities of enforcing machineries and takes decisions on behalf of the government.

Office of The Labour Commissioner

The Labour Department, Government of N.C.T. of Delhi is headed by Secretary (Labour), who is assisted by Commissioner, Special Labour Commissioner, Deputy Labour Commissioners, Assistant Labour Commissioners, Chief Inspector of Factories, Electrical Inspector, Chief Inspector of Boilers, Chief Inspector of Shops and Establishments, Labour Officers, Welfare Officer and other supporting staff. With a view to make the administration responsive to the needs of the people and bring governance to their doorsteps, the department has been organized on territorial basis into nine districts. Each district is headed by a Deputy Labour Commissioner who is assisted by Asstt. Labour Commissioners and Labour Officers.

Chief Inspectorate of Factories

The Chief Inspector of Factories is assisted by Deputy Chief Inspectors of Factories, Inspectors of Factories and Inspector of Factories (Medical). The Chief Inspector of Factories, who heads this Inspectorate works under the administrative control of Labour Commissioner cum Secretary (Labour) of Government of NCT of Delhi. The Inspectors work under the supervisory control of Dy. Chief Inspectors of Factories. The Dy. Chief Inspectors of Factories and Inspector of Factories (Medical) operate from Headquarters.

Chief Inspectorate of Boilers

The boilers are inspected by the Boiler Inspectorate as per the procedure laid under Indian Boilers Regulations –1950, during use, and if found satisfactory are allowed to be worked for a maximum period of 12 months as per the provisions of Indian Boiler Act – 1923. The boilers are also casually visited to check the validity of the certificate, their safe and efficient operation. The Inspectorate also guides the boiler owners to work the boilers more efficiently keeping in view Basic Objective of the Act i.e. the “Protection of Human Life & Property from the explosions of the Boilers”.

Office of Chief Inspector, Shops and Establishments

The object of Delhi Shops and Establishments Act, 1954, is to give some minimum benefits and relief to the vast unorganized sector of employees, employed in Shops and Establishments. Industrial Dispute Act 1947 and Delhi Shops & Establishments. Act, 1954 are supplemental to each other.

The Act is enforced through the Chief Inspector of Shops (CIS) and various inspectors under the Act, who are posted in nine districts of the capital who function under the supervision and control of Dy./ Asstt. Labour Commissioners of the concerned district. Chief Inspector functions under the supervision of Dy. Labour Commissioners (CIS) who in turn functions under the supervision of LC.

Directorate, Employment and Training

The organization primarily looks after the operation of employment exchanges, industrial training institutes, vocational guidance programme and some other institutions. The activities of the directorate are essentially governed by the policies, standards and procedures set by the central directorate general, employment and training. Other activities of the organization include employment market information, vocational rehabilitation centers, and training of handicapped groups such as women and physically handicapped. The training wing of the department also looks after the implementation of the apprentices act, 1961. Generally, the directorate functions independently of the organizing of labour commissioner.

Directorate, Medical Services (ESI Scheme)

The main responsibility for the operation of medical benefit under the employees’ state insurance act, 1948 lies with the state governments which are required to make available the services of the medical and para-medical personnel. In most the states a special wing has been established for the purpose. As the medical benefit under the ESI scheme has been extended also to the family members of the insured persons and superannuated employees, the responsibility of the state governments in this regard has increases. A director, administrative medical officer or a chief medical officer under the labour department has been made in charge of the wing.

Social Security Directorate

A few states have established social security directorates for implementing certain social security schemes for the poor, unorganized workers, rehabilitation of bonded labourers and implementation of the interstate migrant workmen (regulation of employment and conditions of services) act, 1979. They also look after the implementation of national old age pension scheme, national family benefit scheme and national maternity benefit scheme.

Adjudication Authorities

The state governments have also constituted labour courts and tribunals under the industrial disputes act, 1947, and a few of them have set up other adjudication authorities such as industrial courts and wages boards under state laws. As on October 31, 1998, as many as 214 labour courts, 97 tribunals and 22 labour courts-cum-tribunals were functioning in the states.

International Labour Organization

 International Labour Organization (ILO) is a United Nations agency dealing with labour problems, particularly international labour standards, social protection, and work opportunities for all.[1] The ILO has 187 member states: 186 of the 193 UN member states plus the Cook Islands are members of the ILO. In 1969, the organisation received the Nobel Peace Prize for improving peace among classes, pursuing decent work and justice for workers, and providing technical assistance to other developing nations.  The ILO registers complaints against entities that are violating international rules; however, it does not impose sanctions on governments.

The objectives of the I.L.O The objectives of the I.L.O are enunciated in the preamble to its Constitution, supplemented by Article 427 of the Peace Treaty of Versailles, 1919; as well as by the Philadelphia Declaration of 1944. The Declaration of Philadelphia set for 10 objectives, which the International Labour Organization was to further promote among the Nations of the world. The theme underlying these objectives is social justice. The objectives are as follows:

(a) Full employment and the revising of standards of living,

(b) The employment of workers in the occupation in which they can have the satisfaction of giving the fullest measure of their skill and make their contribution to the common well being

(c) The provision, as means to the attainment of this end, and under adequate guarantees for all concerned, of facilities for training and the transfer of labour, including migration for employment and settlement.

 (d) Policies in regard to wages and earning forms and other conditions of work. Calculate to ensure a just share of the fruits of progress to all, and a minimum living wage to all employed and in need of protection.

(e) The effective recognition of the right of collective bargaining, the co-operation of management and labour in the continuous improvement of productive efficiency and the collaboration of workers and employers in social and economic measures,

 (f) The extension of social security measures to provide a basic income to all in need of such protection and comprehensive

Conventions and Recommendations of I.L.O. in regard to Basic Human Rights the Conventions and Recommendations of the International Labour Organization relate to verify the subject on basic Human Rights of working class having a direct bearing on the cause of social justice and everlasting universal peace which is most focused objectives of the International Labour Organization. The following Conventions/Recommendations of I.L.O. are important in recurring to basic human rights. (a) Freedom of association and protection of the right to organise (b) Forced labour (c) Equality of opportunity and treatment

Freedom of Association and Protection of the Right to Organize Convention (No.87) 1948:

This Convention provides that workers and employers shall have the right to establish and join organizations of their own choosing without previous authorization. The public authorities are to refrain from any interference which would restrict the right to form organisation or impede its lawful exercise.

Right to organise and collective bargaining convention (No.98) 1949:

This convention enjoins on workers to join or not to join union with full freedom without fear of dismissed. It calls upon the member states to create conditions and institutions for promoting land ensuring the right to organise, negotiate between employers and workers organizations with a view to the regulation of terms of employment and conditions of employment by means of collective agreement.

Abolition of Forced Labour Convention (convention 105, 1957):

It may be said that Article 23 of the Indian Constitution prohibits forced labour or involuntary labour and so an indirect constitutional compliance of the above convention. However, Article 23(2) empowers the state government to impose compulsory for public purposes like flood and other national calamities

Convention No. 100 of 1951:

Equal Remuneration for Men and Women Workers for Work of Equal Value: The International Labour Organisation adopted the much needed Convention No. 100 in its 34th session held at Geneva on 6th June, 1951. The convention contains 14 Articles and is ratified by 161 member countries. Equal remuneration to men and women workers for work of equal value, in fact, refers to rates of wages determined without any discrimination based on sex.

Hours of Work:

The convention of Hours of Work (Industry) Convention, 1919 adopted in the first session of the International labour conference limits the hours of work in industrial undertakings to 8 hours in a day and 48 hours in a week.

Weekly Rest:

The Weekly Rest (Industry) Convention (No. 14), 1921 was ratified by India in 1923. The Convention provides that the entire personnel employed in any industrial undertaking is to enjoy in every period of 7 163 days, a period of rest amounting to at least 24 consecutive hours. Most of the protective labour laws in the country such as Factories Act, 1948

Protection of wages:

The Protection of Wage Convention (No. 95), 1949 provides that wages payable in money must be paid regularly in legal tender and deductions may be permitted only under conditions and to the extent prescribed by national enactments, collective agreements or arbitration awards, Recommendation for Protection of Wages (No.85) was adopted in the same year, contains detailed rules relating to deductions from wages, fixation of wage periods and so forth

Labour Administration:

India has ratified the labour inspection convention No. (81), 1947. The existing protective labour laws such as those relating to factories, mines, plantations, shops and establishments, motor transport, payment of wages, minimum wages, child labour, maternity benefit and others contain the provisions of the convention and influenced legislative clauses relating to labour administration and inspection.

Definitions of Labour Welfare:

Some important definitions given by eminent economist are discussed below: Prof. Richardson, (1954) an eminent economist defines; labour welfare work as, “any arrangement of working conditions, organization of social and sports club and establishment of funds by a firm which contribute to workers’ health and safety, comfort, efficiency, economic security, education and recreation.

Important Features of Labour Welfare:

On the basis of the various definitions, the basic characteristics of labour welfare work may be noted thus: 1. It is the work which is usually undertaken within the premises or in the vicinity of the undertakings for the benefit of the employees and the members of their families. 2. The work generally includes those items of welfare which are over and above what the employees expect as a result of the contract of service from the employers. 3. The purpose of providing welfare amenities is to bring about development of the whole personality of the worker -his social, psychological, economic, moral, cultural and intellectual development to make him a good worker, a good citizen and a good member of the family. 4. These facilities may be provided voluntarily by progressive and enlightened entrepreneurs at their own accord out of their realization of social responsibility towards labour, or statutory provisions may compel them to make these facilities available; or these may be undertaken by the government or trade unions, if they have the necessary funds for the purpose

Constitutional Provision of Labour Welfare in India

The Constitution of India not only guarantees some of the fundamental rights to its citizens but also has embodied Directive Principle of the state policy for the attainment of a social order based on Justice, Liberty, Equality and Fraternity. Therefore the Constitution maintains a list of fundamental rights and Directive Principle of the state policy which refers generally to the upliftment and promotion of the welfare of the

People. The necessity of labour welfare work in India was emphasized in Directive Principle of State Policy through some of the articles are, mentioned below: Article 41: The state shall within the limits of its economic capacity and development, make effective provision for securing the right to work, education and public assistance in cases of unemployment, old-age, sickness and disablement and in other cases of undeserved want. Article 42: The state shall make provisions for security and human conditions of work and to maintain relief. Article 43: The state shall endeavor to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial work and conditions of work ensuring a decent standard of life and full enjoyment of leisure, social and cultural opportunities and in particular, the state shall endeavor to promote cottage industries on an individual or co-operative basis in rural areas.

A Report on Labour Welfare Investigation Committee viewed concept of labour welfare as being a dynamic subject, no rigid limits could be laid down for scope of labour welfare for all industries and for all times. It can be elastic enough to include all essential prerequisite of life that a worker as human being reasonably stands in need ,it can be confined to the extremely omitted domain of basic minimum amenities without which a worker cannot work. Quite close and sensitive to political and social changes, are the concept of labour welfare that can also get inevitably togged to development in these fields, primarily because of the environment in which the workers work and live, than what is available to them in social services as a citizen