The Gazetteers Department

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. The Commissioner has under him Deputy Commissioner of Labour at Bombay and Nagpur, Assistant Commissioners of Labour at Bombay, Nagpur, Aurangabad and Poona, Chief Inspector of Factories, Bombay with subordinate inspectorates at different important centres of the state, Chief Inspector of Steam Boilers and Smoke Nuisances, Bombay, with subordinate inspectorate and the Chief Government Labour Officer, Bombay, with Government Labour Officers in each of the important centres.

Functions

The Commissioner of Labour, performs the statutory functions entrusted to him under the various central and the state government acts. He supervises their enforcement in the state. The central acts with which he is concerned are the Industrial Disputes Act, 1947; the Indian 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; and the Motor Transport Workers Act, 1961. The state acts with the enforcement of which he is concerned are the Bombay Industrial Relations Act, 1946; the C. P. and Berar Industrial Disputes Settlement Act, 1947 and the Bombay Shops and Establishments Act, 1948. The office of the Commissioner of Labour is entrusted with the following functions: They are: to compile and publish the Consumer Price Index Numbers for working class for the following places, viz., Bombay, Sholapur, Jalgaon, Nagpur, Aurangabad and Nanded, to conduct socio-economic enquiries into the conditions of labour, to compile and disseminate information on labour matters generally and statistics regarding industrial disputes, agricultural wages, absenteeism, cotton mill production, trade unions, etc., particularly, to publish the monthlies viz., the Labour Gazette and the Industrial Court Report, to supervise the working of the Bombay Shops and Establishments Act, 1948 and to conduct the advisory service as regards personal management. The Deputy Commissioner of Labour at Nagpur is declared the regional head for all the offices under the Commissioner of Labour in the Nagpur and Aurangabad Division. Bhir district is, however, under the direct administration of the Assistant Commissioner or Labour Aurangabad. As such the conciliation work in disputes arising in Bhir district (other than those falling under the jurisdiction of Central government) is dealt with by the Assistant Commissioner of Labour, Aurangabad, who is notified as the Conciliation Officer under the Industrial Disputes Act, 1947, inter alia for Bhir district.

Labour Unions

One of the Deputy Commissioners of Labour at Bombay has been notified as the Registrar of Trade Unions for the state of Maharashtra under Section 3 of the Indian Trade Unions Act. 1926, in addition to his duties as Deputy Commissioner of Labour, Bombay. He is assisted in his work by the Assistant Commissioner of Labour, Aurangabad, who has been notified as the Deputy Registrar as far as Marathwada (including Bhir) region is concerned.

The work in connection with the administration of this Act includes the registration of trade unions under the Act, registration of amendments to the constitutions of the unions and preparation of the annual report on the working of the Act in the state based on the information contained in the annual returns submitted by the registered trade unions under Section 28 of the Act.

There are five unions in Bhir district registered under the Indian Trade Unions Act, 1926.

Consumer Price Index Number for Working Class

There is no working class cost of living index prepared for Bhir or any other centre in the district, nor is there any specific award of the Industrial Court laying down as to which cost of living index number series should be applied to the various centres in the district.

There is no award fixing the wages and earnings for any centre in Bhir district. Government have, however, fixed minimum rates of wages in certain scheduled employments under the Minimum Wages Act, 1948.

Bombay Shops and Establishments Act, 1948

The Bombay Shops and Establishments Act, 1948 is applicable to Bhir and Parali, in the district. The Shops and Establishments Inspector at Latur is responsible for the administration of this Act in the district.

Employees State Insurance Act, 1948

The Employees State Insurance Act, 1948, and the Employees Provident Fund Act, 1952, are in force in the district excepting the provisions pertaining to the benefit (Chapters IV and V) of the former Act.

No labour officer is employed in any undertaking in the district.

No government labour officer is stationed at Bhir. All the labour matters in the district are looked after by the government labour officer, Nanded.

The enforcement of the provisions of the Minimum Wages Act in Bhir district is looked after by the government labour officer, Nanded in respect of all the scheduled employments.

Industrial Disputes Act, 1947

The Industrial Disputes Act, 1947 is in operation in Bhir district also as in other districts of the Aurangabad division. The jurisdiction of the four industrial tribunals and two presiding officers of the labour courts appointed under the said Act in Bombay extends over the district.

Under the Industrial Disputes Act the industrial tribunals have no appellate jurisdiction and the disputes are referred to the industrial tribunals under Sections 10 (1), 10 (2) and 12 (5) of the Industrial Disputes Act, by the government. Certain disputes under the Industrial Disputes Act, falling under Schedule II are referred to the labour courts appointed under the Act. The labour courts have also to deal with questions of computation of benefits to parties awarded by tribunals. Other disputes falling under Schedule III are referred to the industrial tribunals.

Factory Department

The factory department is under the administrative control of the Commissioner of Labour, Bombay. But the Chief Inspector of Factories has complete control on the technical side of the work of the department all over the state. Bhir along with other districts of the Marathwada region falls under the jurisdiction of the Deputy Chief Inspector of Factories, Nagpur, who is also the administrative head of the region. This department though mainly responsible for the administration of the Factories Act, 1948, also administers the Payment of Wages Act, 1936, the Cotton Ginning and Pressing Factories Act, 1925, the Employment of Children Act, 1938, the Bombay Maternity Benefits Act, 1929 and the Workmen's Compensation Act, 1923.

The factory department has one regional office at Aurangabad for all the five districts of Marathwada area. This office is controlled by a junior inspector of factories. The inspectorate is responsible for the proper implementation of the provisions of the Factories Act by the managements of the factories to which the act is applicable.

The collector of the district is also the additional Inspector of Factories in the district. The Assistant Commissioner of Labour, Aurangabad and other Labour Officers of that region are inspectors under Payment of Wages Act and other enactments.

The inspector has powers to prosecute, conduct and defend before the courts, cases under Factories Act after taking permission from Chief Inspector of Factories, Bombay.

Workmen’s Compensation Act

Workmen's Compensation 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 Bombay and Bombay suburban district. The Commissioner has also exclusive jurisdiction to try all cases relating to the Western, Central, and Southern Railways and the Hydro-electric companies under the management of Messrs. Tata Hydro-Electric Agencies, Ltd., arising in the State irrespective of the districts in which they occur. The Commissioner has also general jurisdiction over the whole state.

The Civil Judge, Senior Division, Bhir, is the ex-officio Commissioner for workmen's compensation for the district.

The principal reason for giving the Commissioner for work-men'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 over lapping, 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) has been received, and other applications 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 district are issued by the ex-officio Commissioner and reports of fatal accidents 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 latter notifies the receipt of the deposit to the ex-officio Commissioner concerned. Applications for review or commutation of half-monthly payments have to be made to the Commissioner who passed the original orders.

Payment of Wages Act

In Bhir district, the civil judge, senior division, Bhir has been appointed authority for the area within his jurisdiction.

Minimum Wages Act

Minimum Wages Act, 1948: The civil judges who have been appointed authorities under the Payment of Wages Act, have been appointed 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.

Steam Boilers and Smoke Nuisances Department

The department is under the administrative control of the Commissioner of Labour, Bombay but the Chief Inspector of Steam Boilers and Smoke Nuisances, who is the head of the office, has full control over the technical side of the work of the department being responsible for the smooth working and administration of the Indian Boilers Act, 1960, and the India Boiler Regulations, 1950.

The work carried out by the department mainly comprises the registration and inspection of steam boilers, economisers and steam pipes including mountings and other fittings. The registration and inspection work of steam boilers in the district is carried out by the inspector of steam boilers and smoke nuisances, with headquarters at Sholapur.