OTHER SOCIAL SERVICES

LABOUR DEPARTMENT

Organisation.— ALL THE OFFICES DEALING WITH LABOUR MATTERS fall within the administrative control of the Industries and Labour Department of the Government of Maharashtra. The Commissioner of Labour is the head of all such offices. He has under him—(i) six Deputy Commissioner of Labour (four at Bombay and one each at Nagpur and Pune); (ii) twenty-six Assistant Commissioners of Labour (seventeen at Bombay, four at Nagpur, two at Pune and one each at Aurangabad, Nasik and Kolhapur); (iii) fifty-one Government Labour Officers (twenty at Bombay, seven at Nagpur, five at Pune two each at Aurangabad, Bhandara, Sholapur, Nasik, Ahmednagar and one each at Thana, Kalyan, Jalgaon, Kolhapur, Sangli, Wardha, Akola, Nanded and Amravati); (iv) Chief Inspector of Factories, Bombay, with subordinate Inspectorates at different important centres of the State, and (v) Chief Inspector of Steam Boilers and Smoke Nuisance, Bombay, with subordinate Inspectorates.

Functions.— The Commissioner of Labour performs the statutory functions entrusted to him under the following Acts and supervises their enforcement administratively, viz., the Industrial Disputes Act, 1947; the Trade Unions Act, 1926; the Industrial Employment (Standing Orders) Act, 1946; 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; the Bidi and Cigar Workers (Conditions of Employment) Act, 1966 which are the Central Acts and the Bombay Industrial Relations Act, 1946; the Bombay Shops and Establishments Act, 1947, which are the State Acts.

Apart from the above, the Commissioner of Labour supervises and co-ordinates the working of the abovementioned offices under his control. In addition, the office of the Commissioner of Labour performs the following functions: —

(1) Compilation and publication of the consumer price index numbers for working class for Bombay, Sholapur, Jalgaon, Nagpur, Aurangabad, Nanded and Pune.

(2) Conducting of socio-economic enquiries into the conditions of labour.

(3) Compiling and disseminating information on labour matters, in general and statistics regarding industrial disputes, agricultural wages, absenteeism, cotton mill production, trade unions, etc., in particular.

(4) Publication of two monthlies, viz.,—

(i) The Labour Gazette, and

(ii) The Industrial Court Reporter.

(5) Supervision over the working of the Bombay Shops and Establishments Act, 1948, where it is administered by local authorities.

The office of the Government Labour Officer, Bhandara, was started in the year 1961, with headquarters at Bhandara. For the enforcement of the Bidi and Cigar Workers Act, 1966, one additional post of the Government Labour Officer was sanctioned by Government in the year 1969 for the Bhandara district taking into consideration the concentration of bidi industry in the district. It is estimated that nearly one and half lakh workers earn their livelihood through this industry. For the enforcement of the Bombay Shops and Establishments Act, 1948, an Inspector has been posted at the district headquarters who works under the administrative control of the Government Labour Officer, Bhandara. Within his jurisdiction the municipal limits of Bhandara and Kamptee towns are included. The Government Labour Officer, Bhandara, is also notified as Inspector under the following labour enactments, viz., the Minimum Wages Act, 1948; the Bombay Shops and Establishments Act, 1948; the Motor Transport Workers Act, 1961; the Working Journalists Act, 1955; the Payment of Bonus Act, 1965; and the Bidi and Cigar Workers Act, 1966.

In addition to the aforesaid six enactments, he has to perform duties as the Government Labour Officer under Section 34 of the Bombay Industrial Relations Act, 1946. With the exception of the following few industries, this Act has been made applicable to all other industries in the district:—

(1) Industries undertaken by or on behalf of the Municipal Council, the Zilla Parishad or a Village Panchayat constituted under law for the time being in force.

(2) Industry carried on in any establishment to which the provisions of the Bombay Shops and Establishment Act, 1948, (LXXIX of 1948) apply except banking companies as defined in Section 5 of the Banking Companies Act, 1949, not having branches or other establishments outside the State of Maharashtra.

(3) Dairy or dairy products industry.

(4) Industry engaged in transport of goods by public carriers by roads.

(5) Rice, flour or dal mills.

(6) Industries engaged in manufacturing bricks or tiles including roof tiles.

(7) Industries engaged in the construction or maintenance of roads or in building operations, in the Vidarbha area.

(8) Industries engaged in the generation or supply of electrical energy or both.

(9) Industries engaged in the conduct and maintenance of public passenger transport service by omnibus.

(10) Industries engaged in the manufacture of paper and straw boards.

Besides, he has to keep a close watch on the labour situation in the district under the Industrial Disputes Act, 1947, and the Bombay Industrial Relations Act, 1948. He has not only to send reports on labour situation to higher authorities, but has to tackle the situation and make efforts to bring about amicable settlements, if possible.

Conciliation machinery under the Industrial Disputes Act, 1947.—A Government Labour Officer has been posted at Bhandara for the investigation and redressal of the grievances of industrial workers in that area under the Industrial Disputes Act, 1947. He acts as the Conciliation Officer under the Industrial Disputes Act, 1947, for mediating in and promoting the settlement of industrial disputes within the meaning of Section 2A of the said Act. The Assistant Commissioner of Labour at Nagpur also attends to conciliation cases under Sections 2A and 2 (K) of the Industrial Disputes Act, 1947.

Labour Unions.— The provisions of the Bombay Industrial Relations Act, 1946, have been made applicable to the Vidarbha and Marathwada regions of the State with effect from 1st May 1965. One of the Assistant Commissioners of Labour at Nagpur has been notified as Additional Registrar with one Assistant Registrar under him for the Vidarbha region. The Registrar's work is of a quasi-judicial nature and falls under the following heads, viz., (a) recognition of undertaking and occupations, (b) registration of unions, (c) maintenance of approved lists of unions, (d) registration of agreements, settlements submissions and awards, (e) maintenance of list of joint committees constituted under Section 48 of the Act, and (f) maintenance of list of protected employees of unions connected with the industries covered under the Act.

Trade Unions Act, 1926.—The Deputy Commissioner of Labour, Nagpur, in addition to his normal duties has been notified as Additional Registrar of Trade Unions for the Vidarbha region under the Trade Unions Act, 1926. The Additional Registrar is assisted by one Assistant Commissioner of Labour, who has been notified as Deputy Registrar of Trade Unions for the Vidarbha region. The work of the Additional Registrar in connection with administration of Trade Unions Act includes the registration of trade union, registration of amendments to the constitutions of the unions, dissolutions, amalgamation of trade unions and submission of annual reports on the working of the Act in the State based on the information contained in the annual returns submitted by registered trade unions under Section 28 of the Act.

There were 22 workers' unions having a membership of 5,391 as on 31-12-1967 in the district registered under the Trade Unions Act, 1926.

Payment of Wages Act.— The Civil Judges who have been appointed authorities under the Payment of Wages Act also act as authorities 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 or paid in their respective jurisdictions.

Bombay Shops and Establishments Act, 1948.— The provisions of the Bombay Shops and Establishments Act are applicable to the Tirora, Tumsar and the Bhandara Municipal Councils. The Act is administered in the above local areas by the respective municipalities, except in the case of the Bhandara Municipal Council where the Act is administered by Government. The Act fixes working hours, rest periods, spread-over of work, weekly holidays with wages, annual leave with wages, etc., for employees in shops, restaurants, commercial establishments and places of amusement.

Employees' Provident Fund Act, 1952.— The Employees Provident Fund Act has been extended to 63 factories/establishments in the district. Approximately 1,890 employees are enjoying the benefits of the Employees Provident Fund Act and Scheme, 1952.

Authorities under the Workmens Compensation Act, Payment of Wages Act and Minimum Wages Act.— Under the provisions of the Workmen's Compensation Act (VIII of 1923), the Commissioner for Workmen's Compensation, Bombay, has been given exclusive jurisdiction over Greater Bombay. The Commissioner has also exclusive jurisdiction to try all cases relating to the Western and Central Railways and the hydro-electric companies under the management of Messrs. Tata Hydro-Electric Agencies Ltd., arising in the State irrespective of the district in which they occur. The Commissioner has also general jurisdiction over the whole State. The Civil Judge, Senior Division, Bhandara, is ex-officio Commissioner for the district.

The principal reason for giving the Commissioner for Workmen's Compensation, Bombay, jurisdiction over the whole State is to enable him to settle the cases with Insurance companies and other firms which have their head offices in Bombay City. But as this arrangement necessarily entails a certain amount of overlapping, Government have issued instructions under Section 20 (2) of the Act for distribution of work between the Commissioner and the ex-officio Commissioners. Under these instructions, the Commissioner at Bombay is authorised: (a) to receive deposits for distribution of compensation under sub-sections (1) and (2) of Section 8; (b) to issue notices to, and to receive applications from dependants in cases of deposits under these sub-sections, and (c) to receive agreements for registration under Section 28 wherever the accident may have taken place.

Where a deposit is received or an agreement is tendered for registration, the Commissioner notifies the ex-officio Commissioner concerned. Applications for orders to deposit compensation when no deposit under Section 8 (1) had been received, and other application provided for in Section 22 of the Act should be made to the ex-officio Commissioner within whose jurisdiction the accident occurs. Notices to employers under Section 10-A requiring statements regarding fatal accidents in the districts are issued by the ex-officio Commissioners and reports of fatal accident made under Section 10-B are also received by them. After notice has been issued by the ex-officio Commissioner under Section 10-A, the employer deposits the money with the Commissioner at Bombay and the letter notified the receipt of the deposit to the ex-officio Commissioner concerned. Application for review of commutation of half monthly payments have to be made to the Commissioner who passed the original orders. As regards the cases arising out of accidents on the Southern Railways they are dealt with by the ex-officio Commissioner's concerned. In the Bhandara district the Civil Judge has been appointed as authority for the areas within his jurisdiction.

Industrial Court.— The Court of Industrial Arbitration, commonly referred to as the Industrial Court, Bombay, constituted under Section 10 of the Bombay Industrial Relations Act, 1946, has jurisdiction to decide the disputes arising in the cotton, silk and woollen textile processing, sugar and electricity industries, etc., in the State of Maharashtra. The Bombay Industrial Relations (Extension and Amendment) Act, 1965, is made applicable to the industries in the Vidarbha area. Before the commencement of that Act, the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, was in force in the Vidarbha area which was repealed by Section 123-A of the Bombay Industrial Relations Act, 1946.

The Industrial Court has a Bench at Nagpur having jurisdiction to decide the disputes arising in the Nagpur division which includes the Bhandara district. Industrial disputes, arising in industries not covered by the Bombay Industrial Relations Act, are referred to the Industrial Tribunal. A member of the Industrial Court, Nagpur Bench, is also appointed as Industrial Tribunal under Section 7-A of the Industrial Disputes Act, 1947.

The Industrial Court acts as a Court of Arbitration in the disputes referred to it by the Government, the representative unions, employers or jointly by the parties to the dispute. In its appellate jurisdiction it decides appeals preferred to it, from the decisions of the Labour Courts, at Nagpur, and the Deputy Commissioner of Labour, Nagpur Division. It also hears appeals in criminal cases from the decision of the Labour Courts. The Government may make a reference to it for a declaration whether a proposed strike, lock-out, closure or stoppage would be illegal. Reference on the point of law can be made to it by the Commissioner of Labour, Conciliator, Labour Courts, as well as by the State Government. There are two Labour Courts at Nagpur constituted under Section 9 of the Bombay Industrial Relations Act, 1946. The presiding officer of each of the Labour Courts is also notified as Labour Court under Section 7 of the Industrial Disputes Act, 1947. The Labour Courts decide the disputes regarding orders passed under the standing orders governing relations between employers and employees and changes made in any industrial matter specified in schedule III of the Bombay Industrial Relations Act and schedule II to the Industrial Disputes Act. The Labour Courts have also powers to decide the legality or otherwise of a strike, lock-out, closure, stoppage or change.

These two Labour Courts at Nagpur have jurisdiction over the entire Vidarbha area. As there is no separate Labour Court for Bhandara, the disputes arising from the district are heard at Nagpur.

Wage Board.— The three Wage Boards for the cotton textile, silk textile and sugar industry, have been constituted under the Bombay Industrial Relations Act, 1946, for the State of Maharashtra. The Wage Boards are to decide such disputes as are referred to them by the State Government under Section 86-C and by the unions and the managements under Section 86 CC of the Bombay Industrial Relations Act, 1946. Government can also refer disputes on recommendation from the Industrial Court under Section 86-KK of the Bombay Industrial Relations Act, 1946. The Wage Board for the sugar industry was empowered to function 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.

Factory Department.—The enforcement work of the Factories Act is carried out by the Factory Department. The function of the Factory Department is to ensure that the provisions of the Factories Act are observed by the managements of the factories covered under the Factories Act. Besides this, the Department has to administer various other labour laws, viz., the Payment of Wages Act, the Maternity Benefit Act, the Employment of Children Act and the Cotton Ginning and Pressing Factories Act in so far as Section 9 of the said Act is concerned.

This Department is under the administrative control of the Commissioner of Labour and Director of Employment, Bombay. The Chief Inspector of Factories is the head of the office and is subordinate to the Commissioner of Labour and Director of Employment. The Department has a sub-office at Bhandara under the Inspector of Notified Factories, who works under the jurisdiction and supervision of the Deputy Chief Inspector, Nagpur. He has jurisdiction over the district of Bhandara. The activities of this Department also extend to securing labour welfare amenities such as education, recreation, sports, co-operative societies, housing, etc.

The main duty of the Inspector is to ensure that the provisions of the Factories Act are observed by the managements of the factories to which the Act is applicable. The Collector is also the ex-officio Inspector of Factories in the district of Bhandara. The Inspector has powers to prosecute, conduct and defend before the courts after taking the permission from the Chief Inspector of Factories, Maharashtra State, Bombay.

Steam Boilers and Smoke Nuisance Department.—The work pertaining to the registration and inspection of boilers, economisers, steam pipes and other kindred matters is carried out by the Senior Inspector in accordance with the Indian Boilers Act, 1923, the Maharashtra Boiler Rules, 1962, and the Maharashtra Economises Rules, 1965. The Senior Inspector of Steam Boilers and Smoke Nuisance with headquarters at Nagpur has jurisdiction over all the districts of Vidarbha including Bhandara district.

Welfare Activities.— The Maharashtra Labour Welfare Board is a statutory body constituted under the Bombay Labour Welfare Fund Act, 1953, and it conducts labour welfare activities through the labour welfare centres. The welfare activities conducted at the labour welfare centres include the management and organisation of information centres, libraries and reading rooms, nursery schools and shishu mandirs, tailoring, sewing and handicraft classes, outdoor and indoor games, entertainment, educational and recreational programmes, audio-visual aids, scouting, exhibitions, excursions and health programmes, etc. In addition to the daily routine activities, occasional activities like celebration of national and special days, competitions in games and sports and cultural festivals are also organised in which a great number of workers and their family members and others actively participate.

The Board conducts 4 welfare centres in the Bhandara district, two at Bhandara, and one each at Tumsar and Gondia. The centres at Bhandara and Tumsar, conduct shishu mandirs and the centre at Gondia, a full-fledged nursery school imparts pre-primary education to children belonging to the working class.

Activities at each of the centres are planned and organised as per the annual schedule prepared for all the centres in the State. The welfare organiser who is incharge at each centre is assisted in his work by the subordinate staff. For the purpose of general administration and supervision, the welfare centres in the district are looked after by the Workers' Welfare Officer, Nagpur Bhandara Circle, Nagpur, who is responsible to the Assistant Welfare Commissioner, Nagpur-Aurangabad Division, Nagpur, for all purposes.

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