WELFARE DEPARTMENTS

the LABOUR DEPARTMENT.

ALL THE OFFICES DEALING WITH LABOUR MATTERS fall within the administrative control of the Labour and Social Welfare Department. The Commissioner of Labour, Bombay, is the head of all such offices. Consequent upon the re-organisation of States, areas of Saurashtra and Kutch States, eight districts of Vidarbha and five districts of Marathwada were integrated with the Bombay State. Officers dealing with labour matters in these areas, therefore, came under the administrative control of the Commissioner of Labour, Bombay. The Commissioner of Labour has now under him the Deputy Commissioner of Labour (Admn.), Bombay, two Deputy Commissioners of Labour (one each at Bombay and Ahmedabad), Senior Assistant Commissioner of Labour, Rajkot and the Assistant Commissioners of Labour at Rajkot, Bhavnagar, Jamnagar, Nagpur and Aurangabad, the Chief Inspector of Factories, the Chief Inspector of Steam Boilers and Smoke Nuisances and the Government Labour Officers. The Commissioner of Labour performs the satutory functions entrusted to him under the Industrial Employment (Standing Orders) Act and supervises and co-ordinates working of the abovementioned offices under his control.

On the 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, Bombay. There are seven Assistant Labour Officers in Bombay and District Labour Officers at Ahmedabad, Baroda, Surat, Jalgaon, Sholapur, Kolhapur, Porbandar, Rajkot, Bhavnagar, Nanded, Aurangabad and three District Labour Officers at Nagpur and a Senior Labour Officer at Aurangabad.

The Deputy Commissioner of Labour (Admn.), Bombay is responsible for the administration of the Bombay Industrial Relations Act (XI of 1946), the Industrial Disputes Act (XIV of 1947), the Indian Trade Unions Act (XVI of 1926) and the Collection of Statistics Act, 1953. Under him are nine Assistant Commissioners of Labour (Administration) working in Bombay and one in Ahmedabad. Conciliation in labour disputes arising in Surat district is attended to by one of the Assistant Commissioners of Labour in Bombay who has been notified as Conciliator under the Bombay Industrial Relations Act, 1946, and by the District Labour Officer at Kolhapur who has been notified as Conciliation Officer under the Industrial Disputes Act, 1947.

One of the Assistant Commissioners (Administration), Bombay, has been appointed as Registrar under the Bombay Industrial Relations Act, 1946, and has jurisdiction over the whole of Bombay State except the areas of Marathawada, Vidarbha, Saurashtra and Kutch. An Assistant Registrar has also been appointed and has been invested with all the powers of Registrar under the Act. The Registrar's work 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 agreement, settlements, submissions and awards; and (e) maintenance of a list of joint committees constituted under section 48 of the Bombay Industrial Relations Act.

The Deputy Commissioner of Labour (Administration) has been notified as Registrar of Trade Unions for the State of Bombay under the Indian Trade Unions Act, and he is assisted in his work by Assistant Commissioners stationed at Bombay. The work in connection with the administration of this Act includes registration of trade unions under the Act, the registration of amendments in the constitution of the unions, and preparation of the annual report on the working of the Act in the State.

In Kolhapur district, there were in 1957, four unions registered under the Bombay Industrial Relations Act as representative unions. The details about the same are given below:-

One Joint Committee is registered under the Bombay Industrial Relations Act in the district.

The Office of the Deputy Commissioner of Labour (Information) which performed the following functions has with effect from 1st April 1953, been merged with the office of the Deputy Commissioner of Labour (Administration), Bombay:-

(1) Compilation and publication of the Consumers' Price Index Numbers for Working Class for Bombay, Ahmedabad, Sholapur and Jalgaon.

(2) Conducting socio-economic enquiries into 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., in particular.

(4) Collection of statistics under the Bombay Industrial Statistics (Labour) Rules, 1951.

(5) Publication of two monthlies, viz., the "Labour Gazette " and the " Industrial Court Reporter."

The Labour Officer.

A Labour Officer has been posted at Kolhapur to be in charge of Kolhapur, North Satara, South Satara and Ratnagiri districts. He is a Class II Gazetted Officer and belongs to a general State Service. The Office of the Labour Officer, Kolhapur was opened in the year 1950, consequent upon the merger of the former princely States of Kolhapur and others in Southern Maratha countries in the then Bombay State. 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 an Inspector under the Minimum Wages Act, 1948, and also under 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. The Labour Officer, Kolhapur, is also notified as a Conciliation Officer under the Industrial Disputes Act and having his jurisdiction over the districts of Kolhapur, North Satara and South Satara. 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 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 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 premise provided by an employer for the residence of his employees and 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 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 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 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 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 do not elect their own 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 and the 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 Government. He intervenes whenever there is a stoppage or strike and gives 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 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 under which, except the person effected 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 cognisance of any offence except on a report in writing by the Labour Officer of facts 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. In short, a Labour Officer has been given a very heavy, onerous and heterogenous duties and responsibilities. He also informally advises the trade unions whenever they ask 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 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. During the year 1956 the Labour Officer, Kolhapur, handled 29 disputes in his capacity as Conciliation Officer under the Industrial Disputes Act, 1947. In addition he investigated into 498 individual complaints in his capacity as Labour Officer.

Labour Welfare Centre.

Welfare centres run by the Deputy Commissioner of Labour (Welfare), Bombay were taken over with effect from 1st July 1953, by the Bombay Labour Welfare Board which was constituted under the Bombay Labour Welfare Fund Act, 1953. There are in all fifty Labour Welfare Centres in the State. These Welfare Centres are classified into four types viz., A, B, C and D. A network of these centres with recreational and instructional facilities for workers and their families all over the important industrial areas in the State provides among other things, entertainment by visual aid, exhibitions, dramas, music, indoor and outdoor games and instructions on accident prevention, first aid, hygiene and anti-drink propaganda. The 'A' type centres are located in spacious, well planned buildings and are equipped with gymnasia, wrestling arenas, shower-baths, open spaces for games and sports and children's play-grounds. The 'B' type centres are more or less on a similar but smaller scale, while 'C' and 'D' type centres are housed in hired buildings with provision for indoor games and facilities for out-door recreational activities.

Kolhapur has a 'C' type centre and the same was started in August 1956.

Industrial Arbitration and Adjudication.

The Court of Industrial Arbitration (or the Industrial Court as it is shortly called), Bombay, as constituted under section ID of the Bombay Industrial Relations Act, has jurisdiction over the Kolhapur district. The duties and powers of the Industrial Court are detailed in Chapter XIII of the Bombay Industrial Relations Act. The Labour Court at Bombay exercises jurisdiction over the Kolhapur district. This Court is presided over by a Labour Court Judge and enjoys such powers as are conferred upon him 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 Textiles, Silk Textiles and Sugar Industries. The Wage Boards are to decide such disputes as are referred to them by the State Government under Sections 86C and 86KK of the Bombay Industrial Relations Act.

The Bombay Shops and Establishments Act (LXXIX of 1948) has been applied in the district to the Kolhapur and Ichalkaranji Municipal Areas.

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

Working class cost of living index.

There is no Consumers' Price Index Number for working class for Kolhapur or for any other centre in the district.

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 plans of new ginning factories.

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

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

(5) The Minimum Wages Act, 1948.

The department has a sub-office at Kolhapur, in charge of a Junior Inspector of Factories, an Officer belonging to the General State Services. The jurisdiction of this office extends over the districts of Kolhapur, South Satara, Ratnagiri, and also had the jurisdiction over the districts of Belgaum, N. Kanara, etc. before State Reorganisation. The full time Inspectoral staff stationed at Kolhapur at present consists of one Junior Inspector of Factories and one Inspector of Notified Factories. They are responsible for the enforcement of the Factories Act and the Rules made thereunder throughout the areas assigned to them, every Inspector being allotted a certain number of factories for the purpose of inspection. Under section 8(4) of the Factories Act, the District Magistrate of Kolhapur is also an Inspector of Factories for the district of Kolhapur. In addition, all Sub-Divisional Magistrates, Mamlatdars, Mahalkaries, the Officers of the Public Health Department, Government Labour Officers within the limit of their respective jurisdiction have been appointed as additional Inspectors of Factories for certain provisions of the Act. Similarly, the Civil Surgeon in charge of Chhatrapati Pramila Raje Hospital, Kolhapur, Medical Officer in charge of Kagal dispensary, Kagal taluka; Medical Officer in charge of Murgud dispensary, Bhudargad taluka; Medical Officer in charge of Ajra Dispensary, Ajra mahal; Medical Officer in charge of Panhala dispensary, Panhala mahal; Medical Officer in charge of Gadhinglaj dispensary, Gadhinglaj taluka; Medical Officer in charge of Shirol dispensary, Shirol taluka; Medical Officer in charge of Shahuwadi dispensary, Shahuwadi taluka; Medical Officer in charge Radhanagari dispensary, Radhanagari taluka; have been appointed as Certifying Surgeons. Under Rules made in accordance with Section 9 of the Factories Act, a full time Inspector (but not the District Magistrate or an additional Inspector) is empowered to prosecute, conduct or defend before a Court any complaint or other proceeding arising under the Act or in discharge of his duties as an Inspector. Full time Inspectors are also responsible for the enforcement of the other enactments with the administration of which the Factory Department has been entrusted. Their activities also extend to securing for labourers welfare amenities, such as education, recreation and sports, co-operative societies and housing.

Commissioner for Workmen's Compensation.

Under the provisions of the Workmen's Compensation Act (VIII of 1923) the Commissioner for Workmen's Compensation Bombay, had 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 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. For the remaining areas of the State, Civil Judges have been appointed ex-officio Commissioners for their respective jurisdiction. The Judge of the Court of Small Causes, Poona and the Judge, Labour Court, Ahmedabad are the ex-officio Commissioners for the respective districts. The principal reason for giving the Commissioner for Workmen's Compensation, Bombay, jurisdiction over the whole 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 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 claimants 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 concerned notifies the ex-officio Commissioner.

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 concerned if the accident occurs in the Kolhapur district. Notices to employers under Section 10-A, requiring statements regarding fatal accidents in the district is issued by the ex-officio Commissioner and reports of fatal accidents made under Section 10-B are received by him. If, after notice has been issued by the ex-officio Commissioner under Section 10-A, the employer deposits the money with the Commissioner at Bombay, 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.

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.

The Commissioner for Workmen's Compensation, Bombay, has been appointed Authority under the Payment of Wages Act for Greater Bombay and the Judge, First Labour Court, Bombay as additional Authority under the Payment of Wages Act, in addition to his own duties, to hear claims arising out of deductions from wages or delay in payment of wages of persons employed or paid in the Greater Bombay, the Civil Judges being Authorities for the areas within their respective jurisdiction except for the Ahmedabad and Jalgaon talukas for which the Judges of the Labour Courts have been appointed. The Judge, Court of Small Causes, Poona, is the Authority for his jurisdiction.

Steam Boilers and Smoke Nuisances Department.

The Department of Steam Boilers and Smoke Nuisances is under the administrative control of the Commissioner of Labour, Bombay State, but the Chief Inspector of Steam Boilers and Smoke Nuisances has complete control of the technical side of the work of the department over the whole State. The functions of the Boiler Inspectorate are to inspect steam boilers and their accessories annually and register new boilers and to grant working certificates thereof in order to ensure their safe working. The department has a strength of fourteen inspectors out of whom seven are stationed in Bombay (Five for Boiler Inspection work and two for Smoke Nuisances work), two are stationed at Ahmedabad to carry out Boiler Inspection work and Smoke Nuisances work in Ahmedabad and the boiler inspection work in the North Gujarat Division, two are stationed at Nagpur to look after the boiler inspection work in the Vidarbha region, two are stationed at Rajkot and Bhavnagar to look after the boiler inspection work in Saurashtra and one at Aurangabad for the boiler inspection work in the Marathwada region.

The Inspector in charge of the Southern Division, having his head-quarters in Bombay, carries out the boiler inspection work in the Kolhapur district.

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