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 of Labour (two at Bombay and one at Nagpur), 16 Assistant Commissioners of Labour (12 at Bombay, 2 at Nagpur, 1 at Poona and 1 at Aurangabad), Chief Inspector of Factories, Chief Inspector of Steam Boilers and Smoke Nuisances and Government Labour Officer, Bombay. He supervises and co-ordinates 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 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 for Bombay, Sholapur, Jalgaon, Nagpur, Aurangabad and Nanded.

(2) Conducting of 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 by a railway company 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 oilfield or a major port. Conciliation work in other labour disputes arising in the Satara district is done by the Assistant Commissioner of Labour, Poona, 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 entire State. He has one Assistant Registrar under him. The Registrar's work is of a quasi-judicial nature and 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 (e) maintenance of a list of joint committees constituted under section 48 of the Bombay Industrial Relations Act.

Labour Unions.

In Satara district there were two unions registered under the Bombay Industrial Relations Act, 1946 viz. (i) Satara Reshim Kamgar Union, Satara City, Satara, with a membership of about 53 in the silk textile industry and (ii) Phaltan Taluka Sakhar Kamgar Union, Sakharwadi, with a membership of about 2,357 in the sugar industry. Both the unions were entered in the approved list of unions. A joint committee constituted in the Phaltan Sugar Works Ltd., Sakharwadi, Satara, was registered under the Bombay Industrial Relations Act, 1946.

Undertakings.

There were 26 undertakings in the banking industry, two in the sugar industry and one each in the cotton textile and silk textile industry, recognised under the Bombay Industrial Relations Act. There was no other concern recognised in any of the other industries covered by the Act, in the district.

One of the Deputy Commissioners of Labour at Bombay has been 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. He is assisted in his work by the Assistant Registrar, Bombay (in addition to the duties of 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 registered trade unions under section 28 of the Act.

Wages and Earnings.

On 31st December 1957 in Satara district there were twenty-three unions registered under the Indian Trade Unions Act, 1926. Of these, eight unions were from the " Services" group, seven from the "Manufacturing" group, three from the "Miscellaneous" group, two each from the "Agriculture and Allied Activities" and the " Commerce" groups and the remaining one union was from the " Construction " group.

The Industrial Court has fixed the rate of minimum wage for an unskilled worker at Rs. 23.15 for a month of 26 working days in the case of the Phaltan Sugar Works Limited, Sakharwadi, while in the case of Shri Sitaram Silk Mills, Satara the minimum rate fixed is Rs. 24 for those getting wages between Rs. 15 and Rs. 20, Rs. 26 for those getting Rs. 21 to Rs. 25 and Rs. 35 for those getting wages over Rs. 26. The rate of clearness allowance awarded in the former case is Rs. 45 per month or Rs. 1.69 per clay, while in the latter case the rate of clearness allowance is Rs. 22 per month.

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) under any local authority, (v) on the construction or maintenance of roads or building operations, (vi) the 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, photo gravure 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 I to the Minimum Wages Act, 1948, and the rates fixed have been published in the Minimum Wages Act, 1948 and the Bombay Minimum Wages Rules, 1951, pages 44-103 of 1956 edition.

The Bombay Shops and Establishments Act (LXXIX of 1948) has been applied in the district to the municipal areas of Satara, Patan and Karad.

Employees' State Insurance Act.

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

Labour Officers.

A Labour Officer has been posted at Kolhapur to be in-charge of Kolhapur, Satara and Sangli districts. He is a Class II Gazetted Officer and belongs to the 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 Commissioner of Labour, Bombay, the Government Labour Officer, Bombay, and the Assistant Commissioner of Labour, Poona who is an officer-in-charge of the division. 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 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 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, in 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 he may order. A Labour Officer is charged with 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 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 representatives 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 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 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 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 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 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 very heavy, onerous and heterogeneous duties and responsibilities. He also informally advises the trade unions whenever they ask his advice on the labour matters. For the purpose 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 he investigates individual complaints in his capacity as Labour Officer.

Minimum Wages Act.

So far as the enforcement of the provisions of the Minimum Wages Act, 1948, in Satara district is concerned, the establishments in the scheduled employments arc looked after by the Minimum Wages Inspector stationed at Poona, except the work under the Act of District Head Quarters and Sub-Divisional Head Quarters pertaining to the employment under Local Authorities which is looked after by District Labour Officer, Kolhapur.

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 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, 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 and both are at Bombay. The Labour Courts, Bombay, exercise jurisdiction over Satara 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 it 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.

LABOUR Wage Boards.

There are three Wage Boards appointed for the whole Slate, one for cotton textile industry, second for silk textile industry and third for sugar industry. A separate Wage Board has also been constituted for Vidarbha region. The Wage Boards are to decide such disputes is as are referred to them by the State Government under section 86-C, and 86-KK, of the Bombay Industrial Relations 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 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 (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 Poona in-charge of the Deputy Chief Inspector of Factories, an officer belonging to the General State Service. The jurisdiction of this office extends over the districts of Poona, Ahmadnagar, Satara, Sholapur, Sangli, Kolhapur, Ratnagiri, Bhir, Nanded, Osmanabad, Parbhani, and Aurangabad. 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 Factories Department has been entrusted. His activities 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 Satara is also an Inspector of 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 as Additional Inspector) has power to prosecute, conduct or defend before a court any complaint or other proceeding 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 (VIII of 1923), the Commissioner for Workmen's Compensation, Bombay, has been given exclusive jurisdiction over the Greater Bombay District. The Commissioner has also exclusive jurisdiction to try all cases relating to the Western and Central Railway's 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, Satara, is the ex-officio Commissioner for Satara 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, dependents 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 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. 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, 1936.

Minimum Wages Act.

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

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 this State or after recording their transfer from other States and to giant 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 Bombay Smoke Nuisances Act, 1912 is in operation so far in the city of Sholapur in addition to the Greater Bombay area. The department also conducts examinations for certificates of competency as boiler attendants and of proficiency as Engineers.

There are about 35 working boilers located in Satara district. Inspection of these boilers for renewal of boiler certificates is carried out by an Inspector with his head-quarters in Bombay. For this purpose the Inspector visits Satara district thrice a year. This Inspector also inspects boilers in other districts comprised in the Southern Division, viz. Poona, Sangli and Kolhapur. 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, Bombay.

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