OTHER SOCIAL SERVICES

LABOUR DEPARTMENT

THE COMMISSIONER OF LABOUR HAS JURISDICTION OVER ALL LABOUR MATTERS in the State, and is assisted by divisional officers designated as Deputy Commissioner of Labour. Ahmadnagar district is within the jurisdiction of the Deputy Commissioner of Labour, Pune, and is directly under the supervision of the Government Labour Officer at Ahmadnagar.

The Commissioner of Labour and the officers under him perform various duties entrusted to them under the Central Acts, viz., the Trade Unions Act, 1926; the Industrial Employment (Standing Orders) Act, 1946; the Industrial Disputes Act, 1947; the Minimum Wages Act, 1948; the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955; the Motor Transport Workers Act, 1961; the Payment of Bonus Act, 1965; and the Bidi and Cigar Workers (Conditions of Employment) Act, 1966. They also enforce and implement the Bombay Industrial Relations Act, 1946, and the Bombay Shops and Establishments Act, 1948, which are the State Acts. Their work is mainly of supervision in so far as the State Acts are concerned. The Acts are being administered by the local authorities.

The Commissioner of Labour being the administrative head also supervises and co-ordinates the work of various offices under his control.

The Ahmadnagar district is within the administrative jurisdiction of the Deputy Commissioner of Labour, Pune. The details of the machinery for the enforcement and implementation of various labour laws at Ahmadnagar are given below:-

Industrial Disputes Act, 1947 (Conciliation): The Commissioner of Labour is the Conciliation Officer for the entire State of Maharashtra. He has also powers to appoint Conciliation Officers under section 4 of the Act.

One of the Government Labour Officers posted at Ahmadnagar, attends to the grievances of workers in the district under the Industrial Disputes Act, 1947. He has also been appointed as a Conciliation Officer under the Act for that district for mediating in and promoting settlement of industrial disputes relating to dismissals, discharges, retrenchment of industrial workers within the meaning of section 2-A of the Industrial Disputes Act, 1947.

One Assistant Commissioner of Labour, stationed at Pune. also attends to conciliation cases coming from Ahmadnagar district, under sections 2-A and 2-K of the Industrial Disputes Act, 1947.

The Deputy Commissioner of Labour, Pune, is also a Conciliation Officer for Ahmadnagar district. He has been delegated with powers exercised by Government under sections 10(1) and 12(5) of the Industrial Disputes Act, in respect of disputes under section 2-A. These powers relate to reference or otherwise of that dispute to adjudication. The Conciliation Officers, having jurisdiction over Ahmadnagar district, are, therefore, required to submit their failure reports in respect of the industrial disputes pertaining to discharges, dismissals, etc., of individual workers to Deputy Commissioner, Pune. The Deputy Commissioner, Pune, has also been delegated with powers exercised by Government under section 10(2) of the Industrial Disputes Act, 1947. These powers relate to the reference of industrial disputes for adjudication to Labour Courts or to Industrial Tribunals.

The powers of conciliation were given to one of the Government Labour Officers from August 1969.

Individual complaints: The details about the individual complaints handled by the Government Labour Officers during the years 1966 to 1969 are as under:-

Adjudication: The industrial disputes arising in industries covered by the Industrial Disputes Act, 1947, are referred to the Industrial Tribunals or the Labour Courts, as the case may be. The President and Members of the Industrial Court, Maharashtra, appointed under the Bombay Industrial Relations Act, are also notified as one-man " Industrial Tribunals " under section 7-A of the Industrial Disputes Act, 1947. Labour Courts are appointed under section 7 of the Industrial Disputes Act, for adjudication of matters specified in the Second Schedule. The Labour Court at Pune has jurisdiction in respect of disputes coming from Ahmadnagar district. It also decides disputes under the provisions of section 33-C of the Industrial Disputes Act, 1947, about computation of any money or other benefits to which a workman claims he is entitled to in respect of cases from the Ahmadnagar district.

Bombay Industrial Relations Act, 1946: The Bombay Industrial Relations Act, 1946, aims at regulating relations between employers and employees in the specified industries. In Ahmadnagar district it is applicable to cotton textile industry, silk textile industry, textile processing, units engaged in the generation and supply of electrical energy and banking industry, not having an area of operation outside the State of Maharashtra.

Labour Unions: The following unions are registered as representative unions in the district under the Bombay Industrial Relations Act, 1946, for the industry and local area mentioned against them:―

Conciliation: The Commissioner of Labour has been delegated powers to appoint Registrar, Additional Registrar and Assistant Registrar under section 5 of the Bombay Industrial Relations Act, as also the Chief Conciliator, Additional Chief Conciliator and Conciliator under section 6 of the Act and Labour Officers under section 8 of the Act. He is also the authority to settle Standing Orders under Chapter VII of the Act. However, the powers of the Commissioner of Labour regarding the settlement of the Standing Orders have been delegated to the Deputy Commissioner of Labour, Pune, and as such he exercises the powers of certifying in respect of Ahmadnagar district.

The Deputy Commissioner of Labour, Pune. has also been notified as Additional Chief Conciliator under section 6(1A) of the Bombay Industrial Relations Act, with jurisdiction over Pune Division and Ratnagiri district of Bombay Division. He is, therefore, an Additional Chief Conciliator in so far as Ahmadnagar district is concerned.

The Assistant Commissioners of Labour at Pune have been notified as Conciliators under section 6(2) of the Bombay Industrial Relations Act. The conciliation work under the Bombay Industrial Relations Act from the district is, therefore, attended to by the Conciliator posted at Pune.

The Government Labour Officer posted at Ahmadnagar has to promote harmonious relations between the managements and employees of various undertakings covered by the Act. He investigates the grievances of the workers and keeps the Government informed about the labour situation by sending periodical reports.

Arbitration: The Court of Industrial Arbitration, commonly referred to as Industrial Court, Bombay, constituted under section 10 of the Bombay Industrial Relations Act, 1946, has jurisdiction to decide the disputes arising from the industries amenable to the Act, in the entire State of Maharashtra. Ahmadnagar district forms a part of the Pune Division. The Industrial Court acts as the Court of Arbitration in the disputes referred to it by the Government or submitted by the representatives of approved unions or by the employers. In its appellate jurisdiction it decides appeals preferred to it from the decisions of the Labour Courts, Wage Boards, the Registrar, and the Commissioner of Labour. It also hears appeals in criminal cases against the decisions of the Labour Courts. The Government also makes a reference to it for declaration whether a proposed strike, lock-out, closure or stoppage would be illegal. Reference on the point of law can also be made to it.

The Labour Court at Pune has jurisdiction to decide the disputes arising in Ahmadnagar district. The Labour Courts decide disputes arising out of an order passed by an employer under the Standing Orders governing relations between employer and employees and changes made in any industrial matter specified in Schedule III of the Bombay Industrial Relations Act. The Labour Court has also powers to decide the legality or otherwise of a strike, lock-out, closure and stoppage of work under the Bombay Industrial Relations Act.

Wage Boards: Three Wage Boards have been constituted under the Bombay Industrial Relations Act, 1946, for the whole State of Maharashtra. They are for (i) cotton textile industry, (ii) silk textile industry and (iii) sugar industry. These Wage Boards decide such disputes as are referred to them by the State Government under section 86-CC of the Bombay Industrial Relations Act, 1946. Government can also refer certain types of disputes pending before the Industrial Court to Wage Boards for disposal on the recommendation of the Industrial Court, under section 86-KK of the Bombay Industrial Relations Act, 1946.

The State Wage Board for the sugar industry was empowered to junction as a tri-partite body to hear and decide the disputes pertaining to the implementation of the recommendations of the Central Wage Board for the sugar industry.

Payment of Bonus Act, 1965: For Ahmadnagar district the Deputy Commissioner of Labour and the Assistant Commissioner of Labour at Pune and Government Labour Officer, Ahmadnagar, have been appointed as Inspectors for the purposes of the above Act. They visit the establishments and ensure that bonus is paid to the employees in accordance with the provisions of the Act. They propose prosecutions of the managements who do not comply with the provisions of the Act in making bonus payment and who fail to maintain registers and records prescribed under the Act.

The Labour Commissioner is the authority under the Payment of Bonus Rules, for the purpose of section 2 of the Act, for granting permission to change the accounting year. The Deputy Commissioner of Labour, Pune, has been specified as authority for the purpose of section 21 of the Act, for all the districts of Pune Division. These powers relate to the recovery of bonus payable under any settlement or award.

Trade Unions Act, 1926: One of the Assistant Commissioners of Labour stationed at Pune, in addition to his normal duties, has been notified as Deputy Registrar of Trade Unions for Pune Division under the Trade Unions Act, 1926. The work done by the Deputy Registrar in connection with the administration of the Trade Unions Act includes the registration of trade unions, amendments to the constitutions of the unions, dissolutions and amalgamation and cancellations of registration of trade unions under section 10(A) of the Act.

The Ahmadnagar district is within the jurisdiction of the Deputy Registrar of Trade Unions, Pune.

In the district there were 65 trade unions, with a membership of 23,444 as on December 31, 1968 registered under the Trade Unions Act, 1926.

Minimum Wages Act, 1948: The minimum rates of wages have been fixed in Ahmadnagar district under the Minimum Wages Act, 1948, in respect of the following occupations and industries:―

(1) Rice, flour and dal mill, (2) Tobacco (including bidi-making industry), (3) Oil mill, (4) Local authorities, (5) Construction and maintenance of roads or buildings (6) Stone-breaking or stone-crushing, (7) Public motor transport, (8) Printing industry, (9) Cotton ginning and pressing, (10) Shops and commercial establishments, and (11) Hotels and restaurants.

It may be mentioned here that in respect of employment in the last mentioned item, minimum rates of wages have been fixed only for the Ahmadnagar Municipal Council area.

The Government Labour Officer, Ahmadnagar, is the Inspector under the Minimum Wages Act. He visits the establishment to see that the provisions of the Act are properly implemented.

In Ahmadnagar district the Civil Judge has been appointed as Authority under the Minimum Wages Act to hear and decide claims arising out of payment of less than the minimum rates of wages to employees employed in his jurisdiction.

Bombay Shops and Establishments Act, 1948: The Bombay Shops and Establishments Act, 1948, is applicable to the following local areas in the district:-

The Act is being administered by the local authorities within their respective jurisdiction. The Government Labour Officer, Ahmadnagar, is notified as the Supervising Authority. He supervises the work done by the Shops Inspectors appointed under the Act by the respective local authorities.

Bidi and Cigar Workers (Conditions of Employment) Act, 1966: In their capacity as Inspectors the Government Labour Officers visit the premises, contact the employers and workers, examine records and registers and if necessary, enter the places where they suspect any manufacturing process is being carried on with a view to ensuring that the provisions of the Act are being complied with and implemented properly.

After the provisions of the Bidi and Cigar Workers (Conditions of Employment) Act. 1966, have been brought into force, Government has appointed one additional Government Labour Officer at Ahmadnagar to do the work exclusively under the Act.

The enforcement of the Act in the district is, however, restricted to the bidi factories which are outside the effect of the stay granted by she Bombay High Court in the writ petitions filed by various bidi employers in the State, challenging the constitutional validity of the Act.

Working Journalists Act, 1955 : There is no newspaper establishment as defined under the Act in the district. However, Government Labour Officer, Ahmadnagar, has been notified and appointed as Inspector under the said Act.

Workmen's Compensation Act, 1923: The Commissioner for Workmen's Compensation, Bombay, has also general jurisdiction over the whole State. The Civil Judge, Senior Division, Ahmadnagar District. is the ex-officio Commissioner under the Act for Ahmadnagar district.

Employees' Provident Fund Act, 1952: Employees' Provident Fund Act, 1952, has been extended to 47 factories/establishments in Ahmadnagar district, covering 18,632 employees.

Factory Department: The enforcement of the Factories Act. 1948. is carried out in the State by the Factory Department. The function of the Factory Department is to ensure that the provisions of the Act are observed by the managements of the factories covered by the Act. Besides, the department has to administer various other labour laws viz., the Payment of Wages Act. the Maternity Benefit Act. the Employment of Children's Act, the Bidi and Cigar Workers (Conditions of Employment) Act, 1966 (partially) and the Cotton Ginning and Pressing Factories Act.

The Chief Inspector of Factories is the head of office and is under the administrative control of the Commissioner of Labour and Director of Employment, Bombay. For the present, the department has no separate sub-office at Ahmadnagar and the Act is being enforced through the Inspector of Factories at Ahmadnagar (for bidi factories.

The Factory Inspector ensures that the provisions of the Factors, Act are observed by the management of the factories to which the Act applies. He has powers to prosecute and conduct and defend in the courts any proceedings arising under the Act alter taking permission from the Chief Inspector of Factories, Bombay.

As regards the Payment of Wages Act, the Inspectors appointed under the Faculties Act are also the Inspectors under the Payment of Wages Act. The Government Labour Officer, Ahmadnagar. is also notified as Inspector under the Payment of Wages Act.

The Payment of Wages Act is applicable to the factories under the Factories Act, 1948, to the persons employed on any farm on which twenty-five or more persons are employed and which is maintained for the purpose of growing sugarcane and attached to a factory established or maintained for the manufacture of sugar.

The Payment of Wages Act has also been extended to the establishments covered under the Bombay Shops and Establishments Act, 1948, vide section 38-A.

In the Ahmadnagar district the Civil Judge has been appointed authority for the areas within his jurisdiction to decide complaints of non-payment of wages or illegal deductions from wages.

The Labour Welfare Fund Act is not extended to the Ahmadnagar district.

Steam Boilers and Smoke Nuisances Department: Ahmadnagar district is under the jurisdiction of the head office in Bombay for the purpose of administration of the Indian Boilers Act, 1923, and the Rules made thereunder.

The work pertaining to the registration and inspection of boilers, economisers, steam pipes, etc., with which this department is concerned is carried out in the district by the Inspector of Steam Boilers and Smoke Nuisances with head-quarters in Bombay and earmarked for inspection duties of the district.

Standard of living: The office of the Commissioner of Labour has completed the family living survey in Ahmadnagar district and has collected the data which is under process. Dearness allowance to the employees of the sugar factories is being paid in the district on the basis of All-India Consumers' Price Index Number and in the remaining industries according to the Sholapur Index.

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