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. He has now under him three Deputy Commissioners one each at Bombay, Nagpur and Poona; Assistant Commissioners of Labour at Bombay, Nagpur. Poona and Aurangabad; 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 Inspectorates: and Chief Government Labour Officer, Bombay, with Government Labour Officers at each important centre.

Functions.

The Commissioner of Labour, Bombay administers the statutory functions entrusted to him under the Industrial Disputes Act, 1947; the Indian Trade Union Act, 1946; the Minimum Wages Act, 1948; the Working Journalists (Condition of Services and Miscellaneous Provisions) Act, 1955 and the Motor Transport Workers Act, 1961-which are Central Acts along with the Bombay Industrial Relations Act, 1946; the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 and the Hyderabad Shops and Establishments Act, 1951. In addition, his office performs the following functions:-

1. Compilation and publication of the Consumer Price Index numbers for working class for Bombay, Sholapur, Jalgaon, Nagpur and Nanded.

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 the Labour Gazette and the Industrial Court Reporter.

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

6. Personnel Management Advisory Service. Under the Industrial Disputes Act, 1947, the Central Government is deemed to be the appropriate authority to deal with Industrial disputes concerning any industry carried on by or

under the authority of the Central Government or the Indian Railways or concerning any such controlled industry as may be specified in this behalf by the Central Government or in respect of banking, companies having branches in more than one State-including the State Bank of India and the Reserve Bank of India, the Life Insurance Corporation or insurance companies having branches in more than one State or a mine, an oil field or a major port.

The provisions of the Bombay Industrial Relations Act, 1946 have been made applicable to the Vidarbha and Marathwada Regions of the Maharashtra State with effect from 1st May 1965. One of the Assistant Commissioners of Labour, Bombay has been appointed as Registrar under the Bombay Industrial Relations Act, 1946 and has jurisdiction over the entire State. One of the Assistant Commissioners of Labour, Nagpur has been notified as Additional Registrar having one Assistant Registrar under him for Vidarbha Region. The Registrar's work is of a quasi-judicial nature and falls under the following heads:-

(a) Recognition of undertakings and occupations.

(b) Registration of Unions.

(d) Registration of Agreements, Settlements, Submissions and Awards.

(e) Maintenance of list of Joint Committees constituted under Section 48 of the Act.

(f) Maintenance of list of protected employees of unions connected with the industries covered under the Act.

The Deputy Commissioner of Labour, Nagpur, is the Regional Head of all the offices under the Commissioner of Labour in Nagpur and Aurangabad Divisions and has been entrusted with necessary powers for running the administration of the labour offices in these divisions. He performs statutory functions entrusted to him under the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 and the Central Provinces and Berar Shops and Establishments Act, 1947. He is the certifying authority for standing orders under the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, and under the Bombay Industrial Relations Act, 1946. He is assisted by two Assistant Commissioners of Labour stationed at Nagpur and having jurisdiction over the entire Vidarbha region. Both these Assistant Commissioners are appointed as authorities under section 16 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, and one of them is also appointed as the Assistant Registrar of Recognised Unions under the said Act. The Assistant Commissioners are also Inspectors under the Minimum Wages Act and Shops and Establishments Act.

Indian Trade Unions Act, 1926.

The Deputy Commissioner of Labour, Nagpur, in addition to his duties, has been notified as Additional Registrar of Trade Unons for Vidarhha Region under the Indian Trade Unions Act, 1926. The Additional Registrar is assisted by one of the Assistant Commissioners of Labour, Nagpur who has been notified as Deputy Registrar of Trade Unions for Vidarbha Region. The work done by the Additional Registrar is mainly in connection with administration of Indian Trade Unions Act and also includes the registration of trade unions, registration of amendments to the constitutions of the unions, registration of the dissolutions, amalgamation and cancellation of registration 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 the Act.

In the year 1963-64, there were 12 unions in Chandrapur District registered under the Act and all were unions of workers.

Government Labour Officer.

The Government Labour Officers at Bombay work under the supervision and control of the Chief Government Labour Officer, Bombay. At the various sub-offices, they arc under the administrative control of the respective heads of offices or regional heads. For purposes of labour administration as also for other purposes, Chanda District forms part of the Vidarbha region. The labour matters of this district are primarily looked after by the Government Labour Officer stationed at Bhandara.

The Government Labour Officers are statutory Labour Officers under the Bombay Industrial Relations Act, 1946 and perform the functions specified in the said Act. In the absence of representative or approved unions in any industry in any local area. they have to elect representatives of employees for the purpose of representation of employees in collective disputes, and in the absence of any such elected representatives they themselves have to act as representatives of employees. They attend to individual complaints from employees from all the industries and keep Government and other authorities informed of the latest situation in the labour and industrial field by sending regular reports to these authorities. They are also Minimum Wages Inspectors and Shops Inspectors and/or Supervising Officers and in these capacities enforce the provisions of the respective Act in the areas under their jurisdiction. Being Inspectors under the working Journalists Act, they are also concerned with the enforcement of the provisions of the said Act.

There is no Government Labour Officer at Chandrapur. However, the office of the Inspector, Minimum Wages has been established and it functions under the administrative control of the Deputy Commissioner of Labour, Nagpur. The Minimum Wages Inspector, Chandrapur is required to implement the provisions of the Minimum Wages Act in Chandrapur District and has to look after the complaints of the workers under the above Act. The Government Labour Officer, Bhandara with headquarters at Bhandara has also jurisdiction over the district, The Government Labour Officer supervises the work of the Inspector and implements the Labour Laws.

Factory Department.

The Factory Department is under the administrative control of the Commissioner of Labour. But the Chief Inspector of Factories has compete control over the technical side of the work of the department all over the State. The Department is mainly responsible for the administration of the Factories Act, 1948 and the administration of the following Acts has also been assigned to it:-

(1) Payment of Wages Act (IV of 1936).

(2) The Cotton Ginning and Pressing Factories Act (XII of 1925) Sect on 9, regarding approval of plans of new ginning factories.

(3) The Employment of Children Act (XXXVI of 1938).

(4) The Bombay Maternity Benefit Act (VII of 1929).

(5) The Bombay Labour Welfare Fund Act (XL of 1953).

The Madhya Pradesh Factory Rules have been superseded by the Maharashtra Factories Rules. 1963 now in force in the district since 31st October 1963.

The Factory Department has one regional office at Nagpur in charge of Dy. Chief Inspector of Factories with jurisdiction over the districts of Nagpur, Bhandara, Chandrapur, Wardha, Yeotmal, Amravati, Akola, Buldhana, Bhir, Nanded and Osmanabad. Other sub-offices in Nagpur region under the control of Dy. Chief Inspector of Factories are at Akola, Bhandara and Aurangabad. Besides Dy. Chief Inspector of Factories, following offices are stationed at Nagpur:

One Senior Inspector of Factories, one Junior Inspector for Factories and one Inspector for Notified Factories.

The main function of the Inspector is to ensure that provisions of the Factories Act are observed by the managements of the factories to which the Act is applicable. He is also responsible for the enforcement of the other enactments, administration of which is entrusted to the Factory Department.

The Collector is the ex officio Inspector of Factories in the District. The Assistant Commissioner of Labour and Government Labour Officers in that region are also Additional Inspectors under the Factories Act and other enactments.

Under Section 8 (4) of the Factories Act, the District Magistrate of Chandrapur is also the Inspector of Factories for the District, In addition, all Sub-Divisional Magistrates, Mamlatdars and the Officers of the Public Health Department have been appointed as additional Inspectors for certain provisions of the Factories Act.

The Inspectors have power to prosecute, conduct and defend before the Courts after taking permission from the Chief Inspector of factories, Bombay under Rule 9 of the Maharashtra Factories Rules, 1963 but not the Inspectors appointed under Section 8 (4).

Steam Boilers and Smoke Nuisances Department.

The function of the Steam Boilers and Smoke Nuisances Department is to carry out the administration of the Indian Boilers Act, 1923, throughout the State of Maharashtra and that of the Bombay Smoke Nuisances Act, 1912 and the Rules thereunder within the limits of Greater Bombay, and in the cities of Sholapur and Nagpur.

Accordingly, about 60 steam boilers located in the district of Chandrapur are being annually inspected by the Inspector of Steam Boilers and Smoke Nuisances appointed under the provision of the Indian Boilers Act, 1923; for renewal of their certificates. The Head-quarters of this Inspector is at Nagpur with Head office m Bombay. In addition, if the new or unregistered second hand boilers are intended to be registered in this District, the work of registration is carried out by the Inspector.

Under the said Act and the Rules, the boilers are also required to be attended to by qualified and competent persons; and before they are certified to be so qualified and competent they have to put in the prescribed period of service on working boilers; and appear for the examinations held in Bombay and Nagpur. The persons desiring to work as qualified and competent persons on boilers located in this District have therefore to appear for the prescribed examinations held in Bombay or Nagpur.

From the above it may be seen that the function of the Indian Boilers Act, and the rules thereunder, in this District is limited to the extent as indicated above and that this function has not been in any way changed due to the formation of Zilla Parishad.

Wages and Earnings.

There is no working class cost of living index for Chandrapur or any other centre in the district. There is no specific award of Industrial Court laying down as to which cost of living index number series should be applied to the various centres in the district.

Bombay Shops and Establishments Act, 1948.

The Bombay Shops and Establishments Act, 1948 has been made applicable to the Municipal areas of Chandrapur in Chandrapur District.

Employees' State Insurance Act, 1948.

The Employees' State Insurance Act, 1948 and the Scheme thereunder, has not been extended to the Chandrapur District.

Employees' Provident Funds Act, 1952.

The Employees' Provident Funds Act, 1952 is applicable to Chandrapur District..

Minimum Wages Act.

Minimum rates of wages were fixed for Chandrapur District, by former Government of Madhya Pradesh for following employments viz., (1) Rice, Flour or Dal Mills, (2) Tobacco (including bidi making) manufactory, (3) Oil Mills, (4) Local Authorities, (5) Construction or Maintenance of Roads or in Building operations, (6) Stone breaking or Stone crushing, (7) Public Motor Transport, (8) Tanneries and Leather Manufactory, (9) Printing Industry, (10) Cotton Ginning and Cotton Pressing, (11) Glass and (12) Potteries.

The minimum rates of wages for the above employments were revised by the Government of Maharashtra.

The minimum rates of wages were fixed for the first time by Government of Bombay for employment in shops and commercial establishments not being an employment in bank or an employment which is included under any of the other entries in the schedule to Minimum Wages Act. The rates of wages for this employment were revised by Government of Maharashtra.

The minimum rates of wages were fixed for the first time for employment in Rubber Industry by Government of Maharashtra.

The Minimum Wages Inspector, Chandrapur is required to implement the provisions of the Minimum Wages Act in Chandrapur District and has to look after the complaints of the workers under the above Act. The Government Labour Officer, Bhandara supervises the work of the Inspector and implements the Labour Laws.

Authority under Payment of Wages Act.

In the Chandrapur District, the Civil Judge, Senior Division, Chandrapur has been appointed Authority for the area within his jurisdiction.

Authority Minimum Wages Act.

The Civil Judges who have been appointed authorities under the Payment of Wages Act have also been appointed authorities under the Minimum Wages Act to hear and decide claims arising out of payment of less than the minimum rate of wages to employees employed or paid in their respective jurisdictions.

Industrial Arbitration and Adjudication.

The Chandrapur district forms a part of the Nagpur Division of the Maharashtra State. The Provincial Industrial Court (The State Industrial Court), Nagpur constituted under section 22 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, which was applicable to Nagpur region till 1st May 1965, had jurisdiction to decide disputes arising in all the industries in the Nagpur division. The State Industrial Court, Nagpur and the District Industrial Court, Nagpur were the two authorities constituted for jurisdiction under the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. The powers of the State Industrial Court, Nagpur are detailed in chapter III of the said Act. The State Industrial Court, Nagpur was acting as a court of arbitration in the disputes referred to it by the Commissioner of Labour and the Provincial Government. In its Appellate jurisdiction, it was to decide the appeals on the orders of the District Industrial Court, Nagpur, the Registrar, Central Provinces and Berar Industrial Disputes Settlement Act, 1947, Wage Boards, Commissioner of Labour etc. No appeal could lie to the State Industrial Court or District Industrial Court, Nagpur against an order by the Labour Commissioner. However a party aggrieved by the said order could apply to the District Industrial Court for revision of the same. The Government could also make a reference to it for a declaration whether a proposed strike, lock-out or any notice of change would be illegal. References on points of Law could be made to it by the Civil Courts as well as by the Wage Boards.

Labour Courts.

The Central Provinces and Berar Industrial Disputes Settlement Act, 1947 was repealed and the Bombay Industrial Relations Act, 1946 has been made applicable to the Chandrapur District with the enforcement of the Bombay Industrial Relations (Extension and Amendment) Act, 1964, with effect from 1st May 1965. Under the said act the authorities constituted for jurisdiction over the Chandrapur district are the Industrial Court. Maharashtra, Nagpur Bench and the Labour Court at Nagpur.

Wage Boards.

No reference was received by the Wage Board during the years from 1948 to 1965 from this district.

Workmen's Compensation Act,1923.

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 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 of Maharashtra.

The Civil Judge, Senior Division, Chandrapur is the ex-officio Commissioner for Workmen's Compensation for Chandrapur district.

The principal reason for giving to 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

Where a deposit is received or an agreement is tendered for registrar on, the Commissioner notifies the ex-officio Commissioner concerned. Application 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 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. Application for review or 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 Railway, they arc dealt with by the ex-officio Commissioners concerned.

Labour Welfare Activities.

Formerly the Welfare Centres and Multipurpose Institutes which imparted education and provided recreation facilities to industrial workers were conducted by the office of the Deputy Commissioner of Labour in various centres of Vidarbha region. The Welfare Centres were started under the Welfare Scheme in the First Five-Year Plan while the Multipurpose Institutes were started under the Second Five-Year Plan. However, the Maharashtra Labour Welfare Board constituted under the Bombay Labour Welfare Fund Act, 1953, took over the management of Labour Welfare Centres in Chandrapur District on 1st January 1962. along with other centres in Marathwada and Vidarbha which were till then under the control of the Deputy Commissioner of Labour, Nagpur. These centres were started about two years earlier by Government and the activities there were in an incipient stage when the centres were taken over by the Board.

The following staff is attached to the Kendra: -

(1) Kendra Sanchalak (Welfare Organiser).

(2) Kendra Up-Sanchalika (Lady Part Time Worker).

(3) Kendra Sevak (Full Time Class IV employee). The activities conducted at the centre include: -

(a) Entertainment:

(i) Film Shows (Documentaries and Educational Films);

(ii) Dramatics;

(iii) Music;

(iv) Radio and

(v) Kalapathak.

(b) Games and Sports:

(i) Outdoor Games;

(ii) Atheletics;

(iii) Wrestling; and

(iv) Indoor Games.

(i) Hygiene " Community Health ";

(ii) First Aid;

(iii) Health Advice and Literature; and

(iv) Excursions.

(d) Community and Social Education:

(i) Workers' Education;

(ii) Reading Rooms. Libraries;

(iii) Health Advice and Literature; and

(iv) Family Care.

These activities conducted by the Board fall in two categories viz., (i) Daily and (ii) Occasional or Special.

The centre in Chandrapur is functioning under the supervision of Workers' Welfare Officer, Bhandara Circle, whose headquarters are situated at Gondia.

The total number of workers and dependents availing of the facilities provided at Chandrapur Centre stood at 477 as on March 31st, 1964 out of which 283 were men, 23 women, 139 boys and 32 girls.

It has been observed that activities at the centre suffer in terms of participation, since the area is backward and literacy is at a low level. This is particularly noticeable as regards participation in activities conducted for women. Efforts are being made within the resources available, to popularise the welfare programme and make it acceptable to a larger number of workers and their families.

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