The Gazetteers Department

ALL THE OFFICERS DEALING WITH LABOUR MATTERS fall within the administrative control of the Industries and Labour Department of the Government of Maharashtra. The Commissioner of Labour, Bombay, is the head of all such offices. The Commissioner of Labour has now under him three Deputy Commissioners of Labour (two at Bombay and one at Nagpur); 16 Assistant Commissioners of Labour Welfare, viz., 12 at Bombay, one at Poona, two at Nagpur and one at Aurangabad; Chief Inspector of Factories, Bombay; Chief Inspector of Steam Boilers and Smoke Nuisances and Government Labour Officer, Bombay. He supervises and coordinates the working of the above-mentioned offices under his control.

Office of the Deputy Commissioner of Labour (Administration) which was hitherto a separate office was amalgamated with the office of the Commissioner of Labour with effect from 16th August 1958. The Office of the Commissioner of Labour, Bombay, administers the statutory functions entrusted to him under the Industrial Employment (Standing Orders) Act, the Bombay Industrial Relations Act, the Industrial Disputes Act, the Minimum Wages Act and the Central Provinces and Berar Industrial Disputes Settlement Act. In addition the office performs the following functions: —

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

2. Conducting socio-economic surveys 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. Collection of statistics under the Collection of Statistics Act, 1953.

5. Publication of two monthlies, viz.,

(i) The Labour Gazette, and

(ii) The Industrial Court Reporter.

Under the Industrial Disputes Act, 1947, the Union Government is the appropriate authority to deal with industrial disputes concerning industries carried on by them or under their authority or by the Railway Board. Conciliation work in other labour disputes arising in the district is done by the Assistant Commissioner of Labour, Aurangabad, who has been notified as Conciliator and Conciliation Officer under the Bombay Industrial Relations Act and the Industrial Disputes Act. respectively.

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 State. He has under him an Assistant Registrar who also functions at Bombay. The Registrar's work which is of a quasi-judicial nature falls under the following heads, viz., (a) recognition of undertakings and occupations: (b) registration of unions; (c) maintenance of approved lists of unions; (d) registration of agreements, settlements, submissions and awards and maintenance of a list of joint committees constituted under section 48 of the Bombay Industrial Relations Act.

Labour Unions.

LABOUR UNIONS: In the Jalgaon district there are three unions registered under the Bombay Industrial Relations Act in the Cotton Textile Industry, viz., (i) The Rashtriya Mill Mazdoor Sangh. Amalner—membership 1,603, (ii) Chalisgaon Girni Kamgar Union, Chalisgaon—membership 786, (iii) Rashtriya Girni Kamgar Sangh, Jalgaon—membership 733. There are two unions—one in the Silk Textile industry, viz., Hindustan Silk Mill Kamgar Union, (Pimprala) Jalgaon—membership 112 and the other in the Banking Industry, viz.. Central Co-operative Bank Staff Union, Jalgaon —membership 253. All the unions arc also entered in the list of approved unions under the Bombay Industrial Relations Act.

Two joint committees are registered, one in the Pratap Spinning, Weaving and Manufacturing Co., Ltd., Amalner and the other in the Gendalal Mills Ltd., Jalgaon.

Undertakings.

UNDERTAKINGS: Three undertakings in the Cotton Textile Industry, one in the Silk Textile Industry and 42 in the Banking-Industry have been recognised in the district tinder section 11 (1) of the Bombay Industrial Relations Act, 1946. No undertaking in the district has been recognised in any of the other industries covered by the Act.

One of the Deputy Commissioners of Labour at Bombay has been notified as the Registrar of Trade Unions for the State 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 Registrar under the Bombay Industrial Relations Act, 1946 (in addition to the duties of the Assistant Registrar under the Bombay Industrial Relations Act).

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.

On 31st December 1957, there were 60 unions registered under the Indian Trade Unions Act, 1926, in the Jalgaon district. Of these, 22 unions belonged to the "Manufacturing" group, 18 to the "Services" group, eight to the "Miscellaneous" group, five to the " Agriculture and Allied Activities" group, three to " Electricity, Gas, Water and Sanitary Services" group, two to " Transport, Storage and Communications" group and one to "Commerce" group. The remaining one union was a State Federation from the " Agriculture and Allied Activities" group.

Cost of Living Index.

"CONSUMER PRICE INDEX NUMBER FOR WORKING CLASS: The office of the Commissioner of Labour, Bombay, compiles every month consumer price index number for working class for Jalgaon City in the district with 1939 as the base year.

Wages and Earnings.

WAGES AND EARNINGS: The Industrial Court has fixed the rate of minimum wage payable to a worker at Rs. 26 for a month of 26 working days in respect of Khandesh Spinning and Weaving Mills Co., Ltd., Jalgaon; Shri Laxminarayan Mills Co., Ltd., Chalis-gaon and Pratap Spinning, Weaving and Manufacturing Co., Ltd., Amalner. As regards clearness allowance payable to the workers of the Khandesh Spinning and Weaving Mills Co., Ltd., Jalgaon and Shri Laxminarayan Mills Co., Ltd., Chalisgaon, the Industrial Court has directed that an increase of 10% in dearness allowance calculated on the basis of 1.28 pies per day rise of a point in the consumer price index number should be granted to the workers. In respect of the Pratap Spinning, Weaving and Manufacturing Co., Ltd., Amalner, it has been agreed between the parties that dearness allowance at the rate of Rs. 1.56 per day for number of working days in a month up to 30th September 1958 shall be paid to the workers and thereafter the rate of dearness allowance shall be Rs. 1.62 per day. It has also been agreed that if and when the aforesaid figures exceed the present rate of dearness allowance as awarded by the Industrial Court on the basis of 73.32 neutralisation, dearness allowance on the basis of lower figures shall be payable.

The Government of Maharashtra has fixed the rates of minimum wages for different categories of workers (skilled, semi-skilled and unskilled) in respect of employments in any (i) rice mill, flour mill or dal mill, (ii) tobacco (including bidi-making) manufactory, (iii) oil mill, (iv) local authority, (v) work relating to construction or maintenance of roads or building operations, (vi) stone-breaking or stone-crushing, (vii) Public Motor Transport, (viii) tanneries and leather manufactory, (ix) industry in which process of printing by letter-press, lithography, photogravure or other similar work or work incidental to such process or book-binding is carried on, (x) cotton-ginning and cotton-pressing manufactory, specified in Schedule 1 to the Minimum Wages Act, 1948. The rates fixed have been published in the Minimum Wages Act, 1948, with the Bombay Minimum Wages Rules, 1951.

The Bombay Shops and Establishments Act (LXXIX of 1948) has been applied in the district to the municipal areas of Amalner, Bhusawal, Jalgaon. Chalisgaon, Pachora and Chopda.

The Employees' State Insurance Act, 1948 and the Employees' Provident Funds Act, 1952 are applicable to the Jalgaon district The Employees' State Insurance Scheme under the Employees' State Insurance Act, 1948, has not. however, been extended to the district.

A Labour Officer has been appointed at Jalgaon to be in charge of Jalgaon and Dhulia districts. The post of a Labour Officer was created under the Bombay Industrial Disputes Act, 1938 and this office was opened in the year 1939. This Act was subsequently replaced by the Bombay Industrial Relations Act, 1946, which is a State Act. He is notified as Inspector under Government Labour Officer, Bombay and the Commissioner of Labour, Bombay. The Labour Officer is appointed primarily to implement the provisions of the Bombay Industrial Relations Act, 1946. He is Class II Gazetted Officer. He works under the Government Labour Officer, Bombay, and the Commissioner of Labour, Bombay. The Labour Officer is appointed primarily to implement the provisions of the Bombay Industrial Relations Act, 1946, which is a State Act and is also notified as Inspector under the Minimum Wages Act, 1948 and the Payment of Wages Act. In addition, he has been appointed as an Additional Inspector of Factories in respect of certain sections pertaining to the welfare provisions under the Factories Act, 1948. 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 scattered throughout the whole Act. However, the main powers and the duties of the Labour Officer are mainly given in Chapter VI and section 34 of the Bombay Industrial Relations Act. For the purposes of exercising his powers and performing his dutits, a Labour Officer may enter any place used for any industry, any place used for the office of any union and any premises provided by an employer for the residence of his employees and he is entitled to call for and inspect all the relevant documents which he may deem necessary for the due discharge of his duties and powers under this Act. He has also power of convening a meeting of 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 conspicuous place as he may order. A Labour Officer is charged with the duties of watching the interest of employees and promoting harmonious relations between the employers and the employees, of investigating the grievances of employees who are not members of the approved unions and of members of an approved union on the request of such a union, of representing to the employers such grievances and 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 not authorised also by the employees to act as their representative and where the employees themselves have not elected their own representative from amongst them. then he becomes the representative suo motu. In short, a Labour Officer has to work as a sort of a residual representative of the employees. He has also to help a representative and an approved union. He has always to be in touch with the changes in the labour situation in the undertakings in the various industries covered by the Bombay Industrial Relations Act and to report major and important incidents to his superior officers and to Government. He intervenes whenever there is a stoppage or strike and gives correct legal guidance and advice to the employees involved in such incidents and he 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 law to the parties concerned with a view to see that any illegal action on their part is rectified by them without any delay. The 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 under which, except the persons affected by any offence under the Act, who can make a complaint to the Labour Court, the Labour Court constituted under the said Act cannot take cognizance of any offence for constituting such 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. He also informally advises the trade unions whenever they seek his advice on labour matters. For the purpose of certification of Standing Orders under the Industrial Employment (Standing Orders) Act, the Labour Officer helps the Commissioner of Labour who is the Certifying Officer under that Act in holding elections of the workmen concerned for the purpose of getting the names of the representatives who are to be associated with the discussions when the draft Standing Orders arc to be certified.

Minimum Wages Act.

So far as the enforcement of the provisions of the Minimum Wages Act, 1948, in the Jalgaon district is concerned, the establishments in the scheduled employments are looked after by the Inspector of Notified Factories stationed at Jalgaon except the work under the Act at District headquarters and Sub-Divisional headquarters pertaining to the employment under Local Authorities which is looked after by the District Labour Officer, Jalgaon.

Industrial Arbitration.

INDUSTRIAL ARBITRATION: The Court of Industrial Arbitration (or the Industrial Court as it is commonly referred to), Bombay, as constituted under section 10 of the Bombay Industrial Relations Act, has jurisdiction over the whole State except Vidarbha region where the State Industrial Court, Nagpur, is functioning under the Central Provinces and Berar Industrial Disputes Settlement Act. The duties and powers of the Industrial Court are detailed in Chapter XIII of the Bombay Industrial Relations Act, as a Court of Arbitration in industrial disputes referred to it by the Government, the representative unions, and jointly by the parties to a dispute. In its appellate jurisdiction it decides appeals, referred to it from the decisions of the Labour Courts, the Wage Boards, the Registrar appointed under Bombay Industrial Relations Act, 1946. and the Commissioner of Labour. References on points of law can be made to it by the Conciliator, Commissioner of Labour. Labour Courts. Wage Boards and by Government. The Government mav also make a reference to it for a declaration whether a proposed strike, lock-out, closure or stoppage would be illegal. It also hears appeals in criminal cases, pertaining to offences under the Act. from the decisions of the Labour Courts.

There are two Labour Courts in the State, both at Bombay. The Labour Court, Bombay, exercises jurisdiction over the Jalgaon district. These courts are presided over by the Labour Court Judges. The Labour Court decides disputes regarding orders passed by an employer under the Standing Orders governing the relations between employee and employer, changes made in industrial matters, and special disputes referred to if under the Act. It has also powers to decide upon the legality or otherwise of a strike, lock-out. closure, stoppage or change. The Labour Court has also jurisdiction to try persons for offences punishable under the Bombay Industrial Relations Act.

Wage Boards.

WAGES BOARDS: There are three Wage Boards appointed for the whole State, one each for the cotton textile industry, silk textile industry and the sugar industry. A separate Wage Board has also been constituted for Vidarbha region. The Wage Boards are to decide such disputes as are referred to them by the State Government under sections 86-C, and 86-KK of the Bombay Industrial Relations Act.

Factory Department.

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 over the whole State. The department is responsible mainly for the administration of the Factories Act (LXIII of 1948), but the administration of the following Acts has also been assigned to it:—

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

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

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

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

(5) The Minimum Wages Act (XI of 1948).

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

The department has a sub-office at Jalgaon in charge of an Inspector of Notified Factories, an Officer belonging to the General State Service. The jurisdiction of this office extends over the Jalgaon district. The main function of the Inspector is to ensure that provisions of the Factories Act are observed by the management of the factories to which the Act is applicable. He is also responsible for the enforcement of the other enactments with the administration of which the Factory Department has been entrusted. His activities also extend to securing labour welfare amenities such as education, recreation and sports, co-operative societies and housing. Under section 8 (4) of the Factories Act, the District Magistrate of Jalgaon is also an Inspector for the district. In addition, all Sub-Divisional Magistrates, Mamlatdars, Mahalkaris and the officers of the Public Health Department have been appointed as additional Inspectors for certain provisions of the Act. Under rules made in accordance with section 9, the full-time Inspector (but not an Additional Inspector) has power to prosecute, conduct or defend before a court any complaint or other proceeding arising under the Act in discharge of his duties as Inspector.

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 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, Jalgaon district, 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 heads offices in Bombay. But as this arrangement necessarily entails 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 Commissioner. 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 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 starements 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. Applications for review or commutation of half-monthly payments have to be made to the Commissioner who passes the 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.

PAYMENT OF WAGES ACT, 1936: In the Jalgaon district the Civil Judge has been appointed authority for the areas 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 jurisdiction.

Steam Boilers and Smoke Nuisances Department.

STEAM BOILERS AND SMOKE NUISANCE DEPARTMENT: The function of this department is to carry out yearly inspection of steam boilers after they are registered in this State or after recording their transfer from other States and to grant working certificates thereof to ensure their safe working and also to prevent emission of smoke from furnaces and chimneys in excess of legal limits and to prevent any new furnaces being erected before plans are approved by this department. The Smoke Nuisances Act, 1912, is in operation so far in Sholapur City in addition to the Greater Bombay area. The department conducts examinations for certificates of competency as boiler attendants and of proficiency as engineers.

There are about 124 working boilers located in the Jalgaon district. Inspection of these boilers for renewal of Boiler Certificates is carried out by an Inspector whose headquarters are in Bombay. For this purpose the Inspector visits the district twice a year. This Inspector also inspects boilers in other districts in the Central Division, viz., Ahmadnagar, Nasik and Dhulia. The office of the Chief Inspector of Steam Boilers and Smoke Nuisances, Maharashtra State, who is the head of the office, is also situated at Bombay.

Persons desirous of qualifying themselves as boiler attendants and as proficiency engineers (mechanical) from this district are required to go to Bombay where these examinations are held under the auspices of the Chief Inspector of Steam Boilers and Smoke Nuisances, Maharashtra State.

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