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. The Commissioner of Labour has under him (i) Deputy Commissioners of Labour at Bombay, Nagpur and Poona; (ii) Assistant Commissioners of Labour at Bombay, Nagpur, Poona and Aurangabad; (iii) Chief Inspector of Factories, Bombay with subordinate Inspectorates at different important centres of the State; (iv) Chief Inspector of Steam Boilers and Smoke Nuisances, Bombay, with subordinate Inspectors and (v) Chief Government Labour Officer, Bombay, with Government Labour Officers at important centres of the State. The Commissioner of Labour performs statutory functions entrusted to him under 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, which are the Central Acts and the Bombay Industrial Relations Act, 1946; the Central Provinces and Berar Industrial Disputes Settlement Act, 1947; and the Bombay Shops and Establishments Act, 1948 which are the State Acts.

Apart from the above, the Commissioner of Labour supervises and co-ordinates the working of all the offices under his control. In addition the office of the Commissioner of Labour has to compile and publish the consumer price index numbers for working class for Bombay, Sholapur, Jalgaon, Nagpur, Aurangabad and Nanded; conduct socio-economic enquiries into the conditions of labour, compile and disseminate information on labour matters generally and statistics regarding industrial disputes, agricultural wages, absenteeism, cotton mill production, trade unions, etc. particularly; publish Labour Gazette and Industrial Court Reporter which are monthlies; supervise the working of the Bombay Shops and Establishments Act, 1948, wherever administered by the local authorities and to undertake Personnel Management Advisory Service.

One of the Deputy Commissioners of Labour at Bombay has beer, 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.

Labour Unions.

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, the registration of dissolution, amalgamation and cancellation of registration of trade unions under section 10(a) of the Act 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. In December 1964 there were 21 registered trade unions in Dhulia district. Of these, 11 unions were from 'Services' group, 5 from 'Manufacturing' group, two each from "Commerce. Electricity, Gas, Water and Sanitary Services" groups and one from ' Activities not adequately described' group.

One of the Assistant Commissioners of Labour at Bombay has been appointed as the Registrar under the Bombay Industrial Relations Act, 1946 and his jurisdiction extends over the whole State except the Marathwada and Vidarbha regions. He has one Assistant Registrar under him. The Registrar's work which is of quasi-judicial nature falls under the following heads, viz. (a) recognition of undertakings and occupations; (b) registration of unions: (c) maintenance of lists of approved unions; (d) registration of agreements, settlements, submissions and awards; and (e) maintenance of a list of joint committees constituted under section 48 of the Bombay Industrial Relations Act.

The following two unions were registered in Dhulia district under the Bombay Industrial Relations Act, 1946: -

Both the unions were entered in the approved list of unions. A joint committee constituted in the New Pratap Spinning, Weaving and Manufacturing Company Limited, Dhulia, was registered under the Bombay Industrial Relations Act, 1946.

There were 37 undertakings in the banking industry and one in the cotton textile industry recognised under the Bombay Industrial Relations Act, 1948.

Minimum Wages.

The Government of Maharashtra has fixed the minimum rates of wages for different categories of workers (skilled, semi-skilled and unskilled) in the factories coming under the scheduled employments, viz. (i) rice mills, flour mills or dal mills; (ii) tobacco manufactory and bidi making; (iii) oil mills; (iv) employment under local authority; (v) road construction and building operation; (vi) stone-breaking and stone-crushing; (vii) public motor transport; (viii) tanneries and leather manufactory; (ix) cotton ginning or cotton pressing manufactory; (x) glass industry; (xi) rubber manufacturing industry and (xii) industry in which process of printing by letter press, lithography, photogravure or other similar works or work incidental to such process or book binding is carried on. The minimum rates of wages are published in the Government Gazette when fixed or revised.

Labour officer.

A Government Labour Officer posted at Jalgaon has jurisdiction over Jalgaon and Dhulia districts. He is a class II Gazetted Officer and belongs to the General State Service. He works under the Commissioner of Labour, Bombay. The Labour Officer is appointed primarily to implement the provisions of the Bombay Industrial Relations Act, which is a State Act and is also notified as an Inspector under the Minimum Wages Act, 1948, as also the Payment of Wages Act. In addition, he has been appointed as an Additional Inspector of Factories in respect of certain sections pertaining to welfare provisions under the Factories Act. The powers conferred and the duties imposed on a Labour Officer under the Bombay Industrial Relations Act are not restricted to any particular section under that Act, but are contained in various provisions of the Act. [The powers and duties of the Labour Officer are mainly given in Chapter VI and Section 34 of the Bombay Industrial Relations Act.] For the purpose of exercising his powers and performing his duties a Labour Officer may enter any place used for any industry, any place used as the office of any union and any premises provided by an employer for the residence of his employees. He is entitled to call for and inspect all relevant documents which may be deemed necessary for the due discharge of his duties and powers under this Act. He is also empowered to convene meeting of the employees for any of the purposes of the Bombay Industrial Relations Act, on the premises where the employees are employed and he may require the employer to affix a written notice of the meeting at such a conspicuous place as he may deem fit. A Labour Officer is charged with duties of safeguarding the interest of employees and promoting harmonious-relations between the employers and the employees, of investigating grievances of employees who are not the members of the Approved Unions and of representing to the employees such grievances, of making recommendations to them in respect of the same and of reporting to the State Government the existence of any industrial dispute of which no notice of change has been given together with the names of the parties thereto. A Labour Officer, in certain contingencies, acts, as a representative of the employees if so authorised by them, and where a representative union does not exist and he is authorised also by the employees to act as their representative and where employees do not elect their representative from amongst them, then he becomes their representative suo motu. In short, a Labour Officer has to work as a sort of residual representative of the employees. He has also to help the representative of the approved union. He has always to remain in touch with the changes in the labour situation in the undertakings in various industries covered by the Bombay Industrial Relations Act and to report major and important incidents to his superior officers and Government. He intervenes wherever there is stoppage of work or strike and gives legal guidance and advice to the employees involved in such incidents and does likewise in respect of employers in connection with the closures and lock-outs which may not be legal. In short, he explains the correct position under the law to the parties concerned with a view to seeing that any illegal action on their part is rectified by them without any delay. A Labour Officer is probably the only executive officer envisaged under the Bombay Industrial Relations Act by virtue of powers conferred on him under section 82 of the Bombay Industrial Relations Act who. except the person affected by any offence under the Act, can make a complaint to the Labour Court constituted under the Act. The Labour Court cannot take cognisance of any offence except on a report in writing from the Labour Officer of facts constituting such an offence. In addition to the above, a Labour Officer can also start proceedings in a Labour Court under section 79 read with section 78 of the said Act. In short, a Labour Officer has been assigned very heavy, onerous and heterogeneous duties and responsibilities. He also informally advises the trade unions whenever they seek his advice on labour matters. For the purposes of certification of standing orders under the Industrial Employment (Standing Orders) Act, a Labour Officer helps the Commissioner of Labour who is the certifying officer under the Act in holding elections of the workmen concerned for the purposes of getting the names of their representatives who are to be associated with the discussion when the draft standing orders are to be certified.

The Government Labour Officer, Jalgaon, also administers in Jalgaon and Dhulia districts, the Minimum Wages Act, 1948, the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955 and the Payment of Wages Act, 1936. Besides, the Government Labour Officer, Jalgaon, is appointed as an Additional Inspector of Factories for certain provisions of the Factories Act, 1948 and an Inspector under section 48(2) of the Bombay Shops and Establishments Act, 1948 for exercising supervision over the administration of that Act in Dhulia Municipal Borough area. Under the Industrial Disputes Act, 1947, he is appointed as a Conciliation Officer for investigation of and bringing about settlements in industrial disputes in both the districts under his jurisdiction. He is also appointed as an Inspector under the Motor Transport Workers Act, 1961.

Industrial Arbitration.

The Court of Industrial Arbitration or the Industrial Court, Bombay, as constituted under Section 10 of the Bombay Industrial Relations Act, has jurisdiction over Dhulia district. [The duties and powers of the Industrial Court are detailed in Chapter XIII of the Bombay Industrial Relations Act.] The Industrial Court acts as a Court of Arbitration in industrial disputes referred to it by the Government, the representative unions and jointly by parties to a dispute. In its appellate jurisdiction it decides appeals preferred to it from the decisions of the Labour Courts, Wage Boards and the Commissioner of Labour. The Government may also make a reference to it for a declaration whether a proposed strike, lockout, closure or stoppage would be illegal. It also hears appeals in criminal cases pertaining to offences under the Act, resulting from decisions of the Labour Courts.

Industrial disputes arising in industries not covered by the Bombay Industrial Relations Act, are referred to Industrial Tribunals appointed under the Industrial Disputes Act, 1947. The President and Members of the Industrial Court have been appointed as Industrial Tribunals under section 7-A of the Industrial Disputes Act, 1947. The Labour Courts at Bombay exercise jurisdiction over Dhulia district. These Courts are presided over by Labour Court Judges and enjoy such powers as are conferred upon them under sections 78 to 86 of the Bombay Industrial Relations Act.

Wage Boards.

There are three Wage Boards appointed for the State, one each for cotton textile industry, silk textile industry and sugar industry respectively. The Wage Boards are to decide such disputes as are referred to them by the State Government and the unions under sections 86-C and 86-CC of the Bombay Industrial Relations Act. Government can also refer disputes on the recommendations from the Industrial Court under section 86-KK of the Bombay Industrial Relations Act. From 1948 to 1964 the Wage Boards received nine references from Dhulia district.

The Bombay Shops and Establishments Act, 1948 has been applied to the municipal areas of Dhulia, Nandurbar, Shirpur and Dondaicha in the district. The Act is administered by the respective municipalities through Inspectors appointed by them. The Government Labour Officer, Jalgaon, by virtue of his appointment as Inspector under section 48(2) of the said Act exercises supervision over the administration of the Act by the municipalities.

The Employees State Insurance Scheme has not been extended to the district.

Wages and Earnings.

The wage rates of workers employed in cotton textile mill at Dhulia are fixed by the Industrial Court. The Central Wage Board for cotton textile industry recommended an increase of Rs. 6 per month from January 1960 and further increase of Rs. 2 per month from January 1962. Accordingly an unskilled worker employed in the mill gets Rs. 34 per month. The dearness allowance for the cotton textile workers has been linked with the Consumer Price Index Number for Jalgaon.

Factory Department.

The Factory department is under the administrative control of the Commissioner of Labour, but the Chief Inspector of Factories has complete control of the technical side of the work of the department all over the State. Though the department is responsible mainly for the administration of the Factories Act (LXIII of 1948), it has to administer the Payment of Wages Act (IV of 1936), the Cotton Ginning and Pressing Factories Act (XII of 1925) (Section 9, regarding approval of plans of new ginning factories only); the Employment of Children Act, 1938; the Bombay Maternity Benefit Act (VII of 1829); the Minimum Wages Act (XI of 1948); and the Bombay Labour Welfare Fund Act (XL of 1953).

The department has a sub-office at Dhulia in charge of a Junior Inspector of Factories. The main function of the Inspector is to ensure that the provisions of the Factories Act and the rules thereunder are observed by the managements of the factories. He also promotes activities securing labour welfare amenities such as education, recreation and sports, co-operative societies and housing. He is empowered to prosecute, conduct or defend before the competent courts cases under the Factories Act, the Payment of Wages Act and the Maternity Benefit Act.

Commissioner for Workmen's Compensation.

Under the provisions of the Workmen's Compensation Act (VIII of 1923 the  Bombay has been given exclusive jurisdiction over Bombay and Bombay Suburban District. The Commissioner has also exclusive jurisdiction to try all cases relating to 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, Dhulia is the ex-officio Commissioner for Workmen's Compensation for Dhulia district. The principal reason for giving the Commissioner for Workmen's Compensation, Bombay jurisdiction all over the State is to enable him to settle 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 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 notice and to receive applications from claimants in cases of deposits under these sub-sections; and

(c) to receive agreements for registration under section 28 whenever 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 the 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 him. After notice has been issued by the ex-officio Commissioner under section 10-A, the employer deposits the amount 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 passes original orders.

As regards the cases arising out of accidents on the Southern Railway, they are dealt with by the ex-officio Commissioners concerned.

Payment of Wages Act.

In Dhulia district, the Civil Judge, Senior Division, Dhulia has been appointed authority under the Payment of Wages Act, 1936.

Steam Boilers and Smoke Nuisances.

The Steam Boilers and Smoke Nuisances department is under the administrative control of the Commissioner of Labour, Bombay. The Chief Inspector of Steam Boilers and Smoke Nuisances who is responsible to the Commissioner has full control over the technical aspects of the department, viz., the smooth working and the administration of the Indian Boilers Act, 1960 and the rules thereunder.

The work carried out by the department comprises mainly registration and inspection of steam boilers, economisers and steam pipes including mountings and other fittings. The registration and inspection work of the steam boilers in the district is carried out by the Inspector of Steam Boilers with headquarters at Bombay. The department carries out yearly inspection of steam boilers after they are registered in the State and grants working certificates thereof to ensure their safe working and also prevents emission of smoke from furnaces and chimneys in excess of legal limits. The department also conducts examinations for certificates of competency as boiler attendants and of proficiency as engineers.

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