Labour Administration15/09/2022 0 By indiafreenotes
In the Government of India (Amendment) Act, 1919, the Central Legislature was given the power to legislate in respect of practically all labour subjects. The Provincial Governments were empowered to legislate only in respect of those labour matters which were classified as Provincial. But they were required to take the sanction of the Governor General in respect of these subjects also. All labour legislation was enacted by the Central Legislature during this period.
The machineries for labour administration in the states are similar to those operating at the centre. 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.
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.