1 INTRODUCTION ABOUT INDUSTRIAL LAW Industrial law in India grew with the growth of the industry. In 20 th century, ‘swadeshi movement’ was started, due to this movement there was a demand for Indian goods. This gave impetus to industrialize- Tionesta theory of economic development and planning suited to condition of India, was put forward. This is how planned industrial development became our goal. Law is not stationery or static. Law has to change to fit the requirements of the society because the circumstances and condition in the society keep changing as the time passes for this reason the prevailing in the society all times must be according to the general sentiments, customs and aspiration of its people. In a country like India, industry has an important and vital role in building and strengthening the economy of the country. Therefore the importance of industrial laws in our country cannot be ignored. In the present times our country is progressing at a fast pace with the help of technological advancement in
Transcript
1
INTRODUCTION ABOUT INDUSTRIAL LAW
Industrial law in India grew with the growth of the industry. In 20th century, ‘swadeshi movement’ was started, due to this movement there was a demand for Indian goods. This gave impetus to industrialize- Tionesta theory of economic development and planning suited to condition of India, was put forward. This is how planned industrial development became our goal.
Law is not stationery or static. Law has to change to fit the requirements of the society because the circumstances and condition in the society keep changing as the time passes for this reason the prevailing in the society all times must be according to the general sentiments, customs and aspiration of its people.
In a country like India, industry has an important and vital role in building and strengthening the economy of the country. Therefore the importance of industrial laws in our country cannot be ignored. In the present times our country is progressing at a fast pace with the help of technological advancement in every area. This advancement may create imbalance in the society and social relationship. Industrial jurisprudence is a combination of sociology, economics and politics. For this is reason, it becomes necessary that works must be provided with good means for reasonable standard of living. The area of industrial law covers many laws. In our country we have many laws, each law leading with different branch of labor law.
2
SOCIAL SECURITY
(Money or help provided by the government to people who need it)
As a industrialization advances the works face insecurities relating to –
A) INCOME
B) EMPLOYMENT
C) SICKNESS
D) MATERNITY
E) DISABLEMENT
F) OLD AGE
This is how the problem of social security arises.
During olden times, if a worker was unable to work, he was cared for supported by various communities or by the member of his family.
In the modern times, when we have small and independent families, in the instance given about workman has nothing to fall back upon. Therefore, social security is influencing the social and economic policy in our country.
Social security is the money or help govt. gives against the risks, which a workman cannot, today stand up by him.
Social security envisages that a workman shall be protected against social risks. These risks are such that a workman of
3
small means cannot effectively provide for them by his own ability and foresight.
IMPORTANCE OF SOCIAL SECURITY
Social security-
A) Is a positive step towards a welfare society
B) Enables workman to become more efficient
C) Reduce changes of industrial dispute.
4
INDUSTRIAL DISPUTE ACT, 1947
INTRODUCTION:
The first law dealing with the settlement of industrial dispute was the employees’ and workman’s Act; 1860.This act was much against the worker and was therefore replaced by the trade dispute act, 1929.
The trade dispute act, 1929 was the law applicable to industrial dispute, before the enactment of the industrial disputes Act, 1947.
The experience of the trade disputes Act, 1929 had revealed some defects, this Act did not provide for the machinery for the settlement of industrial dispute. This defect was removed under the defiance of India rules. Under these rules, the govt. had the power to refer the industrial dispute to adjudication. Afterwards, this principle had been introduced in the industrial dispute Act, 1947.
Objectives:
This General object of any industrial law is industrial peace and economics justice, the prosperity of an industry is dependent upon its growing production. This growth in production Is possible only when industry function without any interruption
The main factor that influences production is, there should be no dispute.i.e.harmonious relationship between the workman and management. Therefore, all industrial laws aim at providing condition suitable for industrial peace
The second general object is providing economic justice. Most of the interruption in production is because of industrial disputes. Not
5
being satisfied with the present economic condition is the root cause of industrial disputes.
The labor struggle is a continuous demand for fair return such as-
(1) Increase in wages
(2) Resistance to decrease in wages
(3) Demand for allowance and benefits The object of the industrial disputes act is to make provision for the investigation and settlement of industrial disputes, and for certain other purpose.
Definition:(1) Appropriate government [s.2 (a)]: the central govt. and also the state govt. are given powers and duties. In relation to some industrial disputes the central govt. is the appropriate govt. and in relation to some other disputes the state govt. is the appropriate. The appropriate govt. is the central govt. in relation to any industry carried on-
(a) By or under authority of the central govt. (b) By railway company(c) Concerning controlled industry as may be satisfied by the central govt.(d) Dock labor board(e) Industrial finance corporation of India ltd.(f) Employees’ state insurance corporation(g) The board of trustees under coal mines provident fund and miscellaneous Provision Act, 1948(h) The central and state board of trustees under the employees’ provident fund and miscellaneous provision Act, 1952(i) The life insurance corporation of India(j) The oil and nature gas corporation ltd.
6
(k) The deposit insurance and credit guarantee corporation (l) The central warehousing corporation (m) The unit trust of India(n) The food corporation of India (o) A board of management under food corporation Act, 1964(p) The air ports authority of India(q) A regional rural bank(r) The export credit and guarantee corporation ltd.(s) The industrial reconstruction corporation of India ltd.(t) The national housing bank(u) The banking service commission(v) An air transport service(w) A banking or an insurance company(x) A mine an oil field
STRIKE:
7
Strike [s.2 (q)]: strike means cessation of work by a body of a person in any industry
(a) Acting in combination(b) A concerted refusal(c) A refusal under a common understanding, of any number of people. Who are or have been so employed to continue to work or accept employment
Explanation: It is clear from the definition that a strike is by a body of a person and a single person’s refusal to work is not a strike For the purpose of calling a particular cessation of work as a strike it must have occurred in an industry, otherwise it cannot be called a strike under this act. The stopping or cessation of work is a concerted action or it is a refusal under a common understanding
“Strike tests the economic bargaining power of each side and forces each of them to face the need it has for other contribution. The economic pressure of the strike is the catalyst which makes the agreement possible. Collectively bargaining is a process of reaching agreement and strikes are an integral and frequently necessary part of that process”
Legal or Illegal Strikes:
Under [S.22] strikes and lock-outs are prohibited. The condition in this section is mandatory
8
The provision about strikes and lock outs are required to be understood with reference to the industry in which such strike has started or the lock out is declared
General prohibition of strikes [S.23]: this act makes a general prohibition of strikes in the following circumstance:
No workman who is employed in any industrial establishment shall go on strike in breach of contract-(a) During the pendency of conciliation proceedings before a board and 7 days after the completion of this proceedings;(b) During the pendency of proceedings before a lab our court tribunal or national tribunal and 2 month after completion of the proceedings(c) During the pendency of arbitration proceedings before an arbitrator and 2 month after the completion of these proceedings; where notification have been issued under [S.10A (3A)](d)DURING ANY PERIOD IN WHICH IS SETTLEMENT OR AWORD is in operation is respect of any of the matters covered by the settlement or words.
Penalty for giving financial aid to illegal strikes and lock outs Any person who knowingly expands or applies any money in direct further nests or support of any illegal strike or lockout shall be punishable with imprisonment-maximum 6 month, or with fine maximum Rs.1000, or both.
LOCK-OUT [S.2 (1)]: means-
(a) The temporary closing down of a place of employment (b) The suspension of work
9
(c) The refusal by an employer to continue to employ any number of people employed by him
Explanation: as strike is a weapon in the hands of workmen for enforcing there demand .similarly, lock-out is weapon in the hands of employer to persuade the worker to agree point of view and accept his demand.
In the struggle between capital and labor the weapon of strike is available to labor and is often used by it, so is the weapon of lock out available to the employer and can be used by him.
Legal or illegal lock out:
Prohibition of lock out in public utility services [S.22] no employer carrying on any public utility service shall lock out any of his workmen-(1) Without giving notice of lock-out in the prescribed manner, within week before locking out;(2) Within 14 days of giving such notice(3) Before expiry of the date of lock-out mentioned in the notice;(4) During pendency of cancelation proceedings before cancelation officer in 7 days
General prohibition of lock –out [S.23]No employer of any workman shall declare lock-out - (a) During the pendency of any conciliation proceedings before a board and 7 days after the completion of the proceedings; (b) During pendency of proceedings before labor, tribunal or national tribunal and 2 month after completion of this proceedings(c) During the pendency of arbitration proceedings before an arbitrator and 2 month after completion of this proceedings where a notification is issued under [S.10A (3A)];
10
(D) during any period in which a settlement or award is in operation in respect of any of any of the meters covered by thaw settlement or award.
QUESTIONS TO BE ASKED RELATED TO THIS ACT:
Q) Whether there are industrial dispute in the Factory?Ans: Yes.
Q) What was the dispute?Ans: The Dispute was held in 1974 for the following reason;Such as Bonus, Incentives, Duty Times and Appointment and wages.
- They are not getting proper bonus.- Lacks of irregularities are there.- Lacks of UN appointments are there.- Poor wages and the salary were not given in the time.
Q) How the Dispute sorted out?Ans: The Dispute sorted out in the Formal Meetings.
Some of them have been sorted out such as:- They are punctual at time.- The factory provided bonus to every workers.- Their wages has been increased.
Q) Whether there is any strike in the company, recent or past years?Ans: : Yes, the strike was held in 1974, the strike was carry till 1st may to 18th may, if they continue two more day then they would get proper solution for the strike but during that time the prime minister INDIRA GANDHI has ordered a rule called emergency to stop the strike and on next day the workers were back on work. From 1974 to till now, no strike was held in the factory.
Q) Whether there is any lock out in the factory?
11
Ans: No, there is no lock out in the factory.
THE TRADE UNIONS ACT, 1926
Meaning: This is one of the earliest acts relating to labor. It makes provision about the registration of trade union. Until the trade
12
unions act, 1926 was enacted the workers did not realize the importanceOf being an mercy of the employers and had to be contended with the wages which each one of them were getting separately depending upon the negotiation with the employer workers therefore thought of joining together and from a union to improve their bargaining power against the employer by creating a collective action.The registration of trade union is not compulsory under the trade unions act, however, only a registered trade union can have the protections granted under the Act.
The law relating to the registration of trade union is containing in the trade union act, 1926. This act covers the following;
A) Condition governing the registration of Trade Union.B) Obligation imposed upon a registered union.C) Rights and liabilities of trade unions. This act extends to the whole of India.
Definition: [S.2 (h)] “Trade Union” means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relation between –a) Workmen and employers;b) Workmen and workmen;c) Employers and employers;
Trade Dispute: [S.2 (g)]Trade dispute means any dispute between;a) Employers and workmenb) Workmen and workmenc) Employers and employers
13
Which is connected with? a) The employment or non-employmentb) The terms of employmentc) The conditions of labor of any person.
QUESTIONS TO BE ASKED RELATED TO THIS ACT:
Q) About Trade Union?Ans: In the railway’s workshop, there is a trade union which is registered in the Trade Union Act, 1926.The voting for Trade Union’s committee is held in a every Three years.In every Two months one P.M.M carried by recognized union.
Q) How many Trade members are there?Ans: At the present time, there are main 5 body members according to their recommended post.The top 5 body members are given below;
EXECUTIVE COMMITTEE
Sr. No Post Name01 Chairman S.K.pal02 Additional Chairman Sanjeevni p.
Q) Trade Union recognition?Ans: Yes, the trade union is recognized under the Trade Union Act, 1926 in the year of 1961.
THE FACTORIES ACT, 1948
Introduction:
15
For the first time in India Major Moore, Inspector In chief of the Bombay cotton department dealt with factory condition in Bombay in his report “Administration in Bombay Cotton Department 1872-73”. This report highlighted:
a) Working hoursb) Conditions of women and childrenc) Age at which children are employed in factories. In the year 1881 the Factories Act was passed. This was amended in the years 1891, 1911, 1922 and 1934. After independence, in 1948 “The Factories Act, 1948” was introduced as a statutory measure from the point of view:a) Safetyb) Healthc) Welfare of the workers
Object of this Act:a) To ensure that the workers in the factories are not put the unduly long hours of work.b) Workers are given minimum leave and rest facilities.c) To aim at reducing the hazards to the health and safety of the workers.d) To provide reasonably good condition of the work and requisite facilities. This act came into force on 1st April 1949.
Meaning: [S-2(m)] As this act governs the working condition of the workmen in
the factories, the question arises what is a Factory?According to s-2(m) Factory means:a) Any premises includingb) The precincts thereofc) Where on 10 or more workers are working, or were workingd) On any day of the preceding 12 months e) With the aid of power
16
f) Is ordinarily so carried on g) Without the aid of powerh) Is ordinarily so carried on.But does not include:a) A mineb) A mobile unit belonging to the armed force of the the unionc) A railway running shed.d) A Hotele) Eating place.
QUESTIONS TO BE ASKED RELATED TO THIS ACT:
Q) About Factory Act?Ans: The workshop of Western Railway which is situated in Lower Parel is established in the year of 1903. But that time there was no act regarding factories.The Factory Act is established in the year of 1948.
THE PAYMENT OF WAGES ACT, 1936
Introduction:
17
The preamble of this act states that it is meant to regulate the payment of ages to certain classes of a person employed in industries. It is a clear form of preamble itself that it is meant only for certain classes of employees employed in industries.
The government felt it necessary to make certain provision about payment of wages because of –a) Wrongful deductions from the wages,b) Untimely payment of the wages,c) Unreasonable deduction from the wages, Definition:
“Appropriate government” [S.2 (i)] is the central government in relation to-a) Railways b) Air transport servicesc) Mines and Oil fields.
The state government is the appropriate government in all other cases.
QUESTIONS TO BE ASKED RELATED TO THIS ACT:
Q) About payment of employees wages?Ans: There are 4000-4500 workers working in the workshop.Their wages are divided according to their qualification and seniority.But the minimum wages of the particular workers is 11,000/-p.m.The maximum wages of the workers is 25,000/-p.m.
THE MINIMUM WAGES ACT, 1948Introduction:
18
The object if this act is to secure the welfare of the workers in a competitive market by fixing the minimum rate of wages in certain employments. It was intended to apply this act to those industries or localities in which because of unorganized labor or absence of machinery for regulation of wages, less wages were being paid to workers as compared to general levels of wages.
The justification for statutory fixation of minimum wages is clear from the fact that in India:a) Workers organization is poorly developed.b) Workers bargaining power is also poor.c) In many cases they were exploited.d) Labor was under paid
With a view to provide for some definite wage, to such class of employees the minimum wages act was passed in 1948.
Definition:Cost of living index number [S-2(d)] Cost of living index number
in relation to employees in any schedule employment in respect of which minimum rates of wages have to be fixed means:a) The Index number.b) Ascertained and declared.c) To be the cost of living index number.d) Applicable to employees in such employment.
THE EMPLOYEES’ STATE INSURANCE ACT, 1948
19
Introduction:A scheme of health insurance for industrial workers was under
consideration of the Government of India for a long time. Such a scheme was felt urgent because of the conditions brought about by the Second World War. The Scheme envisaged under the Act is a compulsory state insurance providing for certain benefits in the events given above i.e. sickness, maternity, employment injury etc.
The goal of social security has also been provided for in the directive principle of state policy.
THE EMPLOYEES PROVIDENT FUND ACT, 1952
MEANING:This act does not define provident fund (p.f) how ever [S-2(e)]
Of the provident fund act, 1952 says-Provident fund – a fund in which subscription or deposited of
any class or classes of employees are received and held or their individual accounts, and includes any contribution and any interest or increment acquiring on such subscription, deposit of contribution rules of the fund.
The employees’ provident funds and miscellaneous provision act, 1952 presently consist of three schemes.1) Employees Provident Fund Scheme, 1952.2) Employees Deposit Linked Insurance Scheme, 1976.3) Employees Pension Scheme, 1955.
QUESTIONS TO BE ASKED RELATED TO THIS ACT:
20
Q) About The provident Fund Act?Ans: This act is related to the workers deduction which is deducted from their salary. There are a lot of benefits with this act which will realize the worker at the time of retirement.This act is come in the year of 1952.
Q) What kind of deduction are their?Ans: The deduction from payment is given below;Basic P.F- 8.33% is deducted by the govt.The worker cuts some amount from their salary at his own wishes which is called “Voluntary Provident Fund (V.P.F)”General Insurance deduction is 01%.
21
BIBLIOGRAPHY
Reference book: Industrial lawBy: R.W. Lalwaney T.M. Joseph
Also we are very thankful of Mr. Chairman Kamble who is additional secretary of the western railway workshop.
AndMr. S.K. pal who is chairman of the western railway workshop.
