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 of Labour has now under him three Deputy Commissioners of Labour (two at Bombay and one at Nagpur), 16 Assistant Commissioners of Labour (12 at Bombay, 2 at Nagpur and one each at Poona and Aurangabad), Chief Inspector of Factories, Chief Inspector of Steam Boilers and Smoke Nuisances, Government Labour Officer, Bombay, Principal of the Institute for Labour Welfare Workers, Bombay and Superintendents of Government Industrial Training Workshops (one each at Bombay and Sholapur).

The office of the Deputy Commissioner of Labour (Administration), Bombay, which was hitherto a separate office was amalgamated with the office of the Commissioner of Labour with effect from August 16, 1958. The Commissioner of Labour, Maharashtra, 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 Consumer Price Index Numbers for working class for Bombay, Sholapur, Jalgaon, Nagpur, Aurangabad and Nanded.

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

3. Compiling and disseminating information on labour matters generally and statistics regarding industrial disputes, agricultural wages, absenteeism, cotton mill production, trade unions, etc., particularly.

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 Central Government is the appropriate authority to deal with industrial disputes concerning any industry carried on by or under the authority of the Central Government or the 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. Conciliation work in other labour disputes arising in Kolaba district is done directly by one of the Assistant Commissioners of Labour stationed at Bombay 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 of Maharashtra. One Assistant Registrar has also been appointed and he has been invested with all the powers of the Registrar under the Act. The Registrar's work which is of a quasi-judicial nature falls under the following beads, 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 (a) maintenance of a list of joint committees constituted under section 48 of the Bombay Industrial Relations Act.

Of the two Deputy Commissioners of Labour at Bombay one has been notified as Statistics Authority under the Collection of Statistics Act, 1953, and the other has been notified as Registrar of Trade Unions for the State of Maharashtra under section 3 of the Indian Trade Unions Act, 1926, in addition to his own duties as Deputy Commissioner of Labour. He is assisted by the Assistant Registrar under the Bombay Industrial Relations Act, 1946, in addition to his own duties as Assistant Registrar under the Bombay Industrial Relations Act, 1946.

On 1st March 1953, the office of the Government Labour Officer, Bombay, which was a separate office till then, was merged with the office of the Commissioner of Labour, Maharashtra State, Bombay.

There are seven Assistant Labour Officers at Bombay and District Labour Officers at Jalgaon, Sholapur, Kolhapur, Nanded, Aurangabad, two District Labour Officers at Poona and three at Nagpur. They perform the statutory functions of Labour Officer as stipulated in the Bombay Industrial Relations Act, 1946, in so far as the industries covered by that Act are concerned and look after the complaints, etc., emanating from industries not covered by the Bombay Industrial Relations Act, in an informal manner. They are invested with powers of the Inspectors of Factories under the Factories Act, 1948, and are also notified as Inspectors under the Minimum Wages Act, 1948, and Payment of Wages Act, 1936.

A Government Labour Officer and seven Assistant Labour Officers have been posted at Bombay to be in charge of Greater Bombay, Thana, Kolaba and Ratnagiri districts.

The post of a Labour Officer, Bombay, was first created in 1934. He was subsequently notified as Labour Officer under the Bombay Industrial Disputes Act, 1938, and a post of Assistant Labour Officer was also created in the year 1939. Subsequently the Bombay Industrial Disputes Act was replaced by the Bombay Industrial Relations Act, 1946. The number of posts of the Assistant Labour Officers was later on increased to seven to cope with increase in the work. One of the Assistant Labour Officers stationed at Bombay generally attends to the work coining from Kolaba district. They are all Class II gazetted officers and belong to the general State service. The posts of Assistant Labour Officers are of the same cadre as that of the Labour Officers in mofussil and the post of the Government Labour Officer, Bombay, is of the same cadre as that of the Assistant Commissioner of Labour. The Assistant Labour Officers, Bombay, work under the Government Labour Officer, Bombay, and assist him in discharge of his duties in the above areas. The Government Labour Officer, Bombay, works under the Commissioner of Labour, Bombay. They are appointed primarily to implement the provisions of the Bombay Industrial Relations Act, 1946, which is a State Act and are also notified as Inspectors under the Minimum Wages Act, 1948, and also under the Payment of Wages Act. In addition, they have been appointed as Additional Inspectors 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 enumerated at relevant places throughout the Act. However, the powers and the duties of the Labour Officers 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 and he is entitled to call for and inspect all relevant documents which he may deem necessary for the due discharge of his duties and powers under this Act. He has also the 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 may require the employer to affix a written notice of the meeting at such a conspicuous place as he may order. A Labour Officer is charged with the duty 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 union and of members of an approved union on the request of such a union, 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 not authorised also by the employees to act as their representative and where the employees do not elect their own representative from amongst them, then he becomes their representative. In short, a Labour Officer has to work as a sort of 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 various industrial undertakings covered by the Bombay Industrial Relations Act. and to report major and important incidents to his superior officers and Government. He intervenes whenever there is a stoppage of work 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 seeing that any illegal action on their part is rectified by them without any delay. Under section 82 of the Bombay Industrial Relations Act, the Labour Officer is the only executive officer, except the person affected by any offence, who can make a complaint to the Labour Court constituted under the Act. In addition, 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 given very heavy, onerous and heterogeneous duties and responsibilities. He also informally advises the trade unions whenever they seek his advice on labour matters. For 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 that Act in holding elections of the workmen concerned for the purpose of getting the names of their representatives, who are to be associated with the discussions when the draft standing orders are to be certified. In addition, the Labour Officer investigates individual complaints in his capacity as a Labour Officer.

So far as the enforcement of the Minimum Wages Act in Kolaba district is concerned, the establishments in the scheduled employments are looked after by the Inspector of Notified Factories stationed at Thana except the work pertaining to the employment under local authorities which is looked after by Assistant Labour Officer, Bombay.

Undertakings.

In the Kolaba district 12 banking undertakings have been recognised under section 11 (1) of the Bombay Industrial Relations Act, 1946. No concern has been recognised in any of the other industries covered by the Act in the district.

Unions.

The work in connection with the administration of the Indian Trade Unions Act, 1926, includes the registration of Trade Unions under the Act, recognition of associations of Government Servants (Industrial and non-Industrial [Political and Services Department Resolution No. RAU-1056-J, dated 2nd January 1957.]) and registration of amendments to the constitutions of the unions and preparations 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 1958, five unions were registered under the Indian Trade Unions Act, 1926, in the district. Of these one each was from "Food, Beverages and Tobacco", "Electricity", "Manufacturing", "Services" and "Miscellaneous Industries".

Minimum Wages.

The Government of Maharashtra has fixed the rates of minimum wages of 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) road construction and building operations; (v) employment under local authority; (vi) stone-breaking and stone-crushing; (vii) public motor transport; (viii) tanneries and leather manufactory; (ix) industry in which process of printing by letter press, lithography, photo gravure or other similar work or work incidental to such process or book binding is carried on; (x) cotton ginning or cotton pressing manufactory and (xi) shop or commercial establishment.

Shops and Establishments Act.

The Bombay Shops and Establishments Act (LXXIX of 1948) has been applied in the district to the municipal areas or Panvel. Mahad, Alibag and Uran.

State Insurance Act.

The Employees' State Insurance Act, 1948, except chapters IV and V (i.e., benefit provisions under the Act thereof) is applicable to the factories (i.e., factories as defined under the said Act) situated in Kolaba district. The Employees' Provident Fund Act, 1952. is applicable to all the factories, establishments employing 50 or more workers, which are engaged in industries, specified in Schedule I of the said Act, situated in Kolaba district.

Industrial Arbitration.

The Court of Industrial Arbitration (or the Industrial Court as it is commonly referred to), Maharashtra, as constituted under section 10 of the Bombay Industrial Relations Act, has jurisdiction over the whole State of Maharashtra 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. The Industrial Court acts 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, preferred 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 may 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 situated at Bombay, The Labour Courts, Bombay, exercise jurisdiction over Kolaba district. These Courts are presided over by the Labour Court Judges. The Labour Courts decide 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 it under the Act. They have 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.

There are three Wage Boards constituted for the State, one for cotton textile industry, another for silk textile industry and the third for sugar industry. A separate Wage Board has also been constituted for Vidarbha Region. The Wage Boards are required to decide such disputes as are referred to them by the State Government under section 86-C, and 86 KK of the Bombay Industrial Relations Act and disputes referred to them directly by Representative Unions under section 86-CC of the Act.

Factory Department.

The factory department is under the administrative control of the Commissioner of Labour, but the Chief Inspector of Factories has complete control over the technical side of the work of the department in the 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 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 Act (XL of 1953).

The department has a sub-office at Thana in charge of an Inspector of Notified Factories, an officer belonging to the General State Service. The jurisdiction of this office extends over the districts of Thana and Kolaba. The main functions of the Inspector are 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 Factories 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 Kolaba 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 Section 10 of the Factories Act, Civil Surgeon, Alibag and medical officers in charge of dispensaries and hospitals at Panvel, Karjat, Matheran, Uran, Mangaon, Pen, Mahad, Roha, Murud, Shriwardhan and Mhasla have been appointed as certifying surgeons within their respective local limits. 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 proceedings arising under the Act or in discharge of his duties as Inspector.

Workmen's Compensation Act.

Under the provisions of the Workmen's Compensation Act (VII of 1923), the Commissioner for Workmen's Compensation, Maharashtra, has been given exclusive jurisdiction over the whole State. 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 M/s. Tata Hydroelectric Agencies, Ltd., arising in the State irrespective of the district in which they occur.

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

The main aim in 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

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 districts 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 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 railways, they are dealt with by the ex-officio Commissioner concerned.

Payment of Wages Act, 1936.

In Kolaba district, the Civil Judge has been appointed authority for the areas within his jurisdiction.

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 Boiler and Smoke Nuisances Department.

The function of this department is to carry out yearly inspection of steam boilers after they are registered in the 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 department also conducts examinations for certificates of competency as boiler attendants and of proficiency as engineers.

Inspection of boilers for renewal of boiler certificates is carried out by an Inspector having his headquarters in Bombay. For this purpose the Inspector visits Kolaba district once every year in the month of January. The office of the Chief Inspector of Steam Boilers and Smoke Nuisances, Maharashtra State, who is the head of this department, is situated in Bombay.

Persons desirous of qualifying themselves as boiler attendants and as proficiency engineers (mechanical) from the 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, Bombay.

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