Beruflich Dokumente
Kultur Dokumente
FOR ENTREPRENEURS
by :
DR. T.K. JAIN
AFTERSCHO☺OL
centre for social entrepreneurship
sivakamu veterinary hospital road
bikaner 334001 rajasthan, india
FOR – PGPSE PARTICIPANTS
mobile : 91+9414430763
5 DECEMBER 09 www.afterschool.tk 1
About factories act ....
5 DECEMBER 09 www.afterschool.tk 2
About Industrial disputes act
5 DECEMBER 09 www.afterschool.tk 3
About ESI ACT
5 DECEMBER 09 www.afterschool.tk 4
About PF
http://www.scribd.com/doc/11628930/Employees-P
5 DECEMBER 09 www.afterschool.tk 5
About workmen's compensation
act
5 DECEMBER 09 www.afterschool.tk 6
About (standing orders) act
http://www.scribd.com/doc/11629618/Industrial-Em
5 DECEMBER 09 www.afterschool.tk 7
On workmen's compensation act
5 DECEMBER 09 www.afterschool.tk 8
If you employ worker through a contractor,
should you get registered under contract
labour act ?
Yes
if you want to engage twenty or more persons through a
contractor you have to get itself registered.
Section 7 of the Act lays down that every principal employer of
an establishment to which the Act applies shall make an
application to the registering officer in the prescribed manner for
registration of the establishment within the prescribed time limit.
A registration fee varying from Rs. 20 to Rs. 500 which is related
to the number of workmen employed as contract labour
5 DECEMBER 09 www.afterschool.tk 9
Can Govt. Abolish contract
labour?
Yes, it has abolished in many industries like coal mine, gypsym
mining etc.
Before abolishing the govt. Will consult board and other
authorities.
You can also apply to govt to abolish contract labour (if they are
being exploited). If the govt. Refuses, it will give reason. If the
government doesnt give you reason for refusing to abolish
contract labour, it amounts to non-application of mind to the
requirements of Section 10(2) and the court can order abolition of
contract labour (GEA v. Union of India, 1997 Lab IC 1701 Bom.)
5 DECEMBER 09 www.afterschool.tk 10
Can industrial tribunal abolish
contract labour ?
Vegolis Private Ltd. v. The Workmen, (1971)II-LLJ p. 567:
No
after enforcement of the Contract Labour (Regulation and
Abolition) Act, 1970, the sole jurisdiction for abolition of
contract labour in any particular operation vested with the
appropriate Government and thereafter the Tribunals have no
jurisdiction to abolish contract labour. Supreme Court cannot
under Article 32 of the Constitution order for abolition of
Contract Labour System in any establishment (1985 1 SCC
630) (so we have to approach govt. For this) .
5 DECEMBER 09 www.afterschool.tk 11
Can court order for regularisation
of contract labour ?
In some cases yes (it is debatable matter)
Air India Statutory Corporation v. United Labour
Union, AIR 1997 SC 645 :
Supreme court held that a High Court in exercise of
its jurisdiction under Article 226 of the Constitution,
can ask a principal employer to absorb the workman
concerned after abolition of the contract labour.
However, the court overrules this judgement in Steel
Authority of India v. National Union of Water Front
Workers and others, AIR 2001 SC 3527
5 DECEMBER 09 www.afterschool.tk 12
Is it necessary for a contractor to
get registered under the act before
employing contract labour ?
Yes
Sec 12 : no contractor to whom the Act applies
can undertake or execute any work though
contract labour except under and in accordance
with the license issued in that behalf by the
licensing officer.
5 DECEMBER 09 www.afterschool.tk 13
What are the important health and
safety provisions ?
5 DECEMBER 09 www.afterschool.tk 14
What are the punishments under
the contract labour act ?
5 DECEMBER 09 www.afterschool.tk 15
Registers / returns under contract
labour act ...
5 DECEMBER 09 www.afterschool.tk 16
5 DECEMBER 09 www.afterschool.tk 17
Which is the main law regulating
working conditions of contract
labour ?
5 DECEMBER 09 www.afterschool.tk 18
Where does the contract labour
act apply ?
Sec 1(4):
1. every establishment which employes 20 or
more contract labour
2. every contractor which employes 20 or
more contract labour
5 DECEMBER 09 www.afterschool.tk 19
Who is a contractor ?
5 DECEMBER 09 www.afterschool.tk 21
Who is a workman in contract
labour act ?
5 DECEMBER 09 www.afterschool.tk 23
When will the govt. Ban contract
labour in an industry ?
5 DECEMBER 09 www.afterschool.tk 24
5 DECEMBER 09 www.afterschool.tk 25
Who will ensure that standing
orders are fair for employees?
5 DECEMBER 09 www.afterschool.tk 26
Where does the The Industrial
employment (standing Orders)
Act 1946 apply?
5 DECEMBER 09 www.afterschool.tk 27
How does the certifying officer proceeed
with the draft standing order received
from the employer?
On receipt of the draft Standing Order from the
employer, the Certifying Officer forwards its
copy to the trade union of the workmen or
where there is no trade union, then to the
workmen in the prescribed manner together
with a notice requiring objection (the
objections have to be raised in 15 days), and
later modies it as per the objections /
clarifications.
5 DECEMBER 09 www.afterschool.tk 28
When does the standing order
become enforceable ?
5 DECEMBER 09 www.afterschool.tk 29
Where any workman is suspended by the
employer pending investigation or inquiry into
complaints or charges of misconduct against
him, the employer shall pay to such a workman
the subsistence allowance
5 DECEMBER 09 www.afterschool.tk 30
What is the notice period for
retrenchment ?
5 DECEMBER 09 www.afterschool.tk 32
Can we retrench employees
randomly ?
No
Retrench the last worker appointed under a
particular category first For re-employment,
retrenched worker shall have preference over
other persons
5 DECEMBER 09 www.afterschool.tk 33
What is illegal strike / lock out ?
5 DECEMBER 09 www.afterschool.tk 34
What is the difference between
strike and lockout?
5 DECEMBER 09 www.afterschool.tk 35
How is govt. Promoting
arbitration of industrial disputes?
5 DECEMBER 09 www.afterschool.tk 40
What is the 3 way test of
industries as per Industrial
disputes act?
5 DECEMBER 09 www.afterschool.tk 41
What is the difference between
arbitration / conciliation /
adjudication?
Arbitrator = a third party tries to find a solution after
hearing both the party. The third party is appointed
jointly by both the parties in dispute based on
mutual consent
Adjudication = court (labour court / industrial
tribunal / national tribunal / adjudication officer)
may give judgement which is binding
conciliation = both the parties negotiate and find an
amicable settlement
5 DECEMBER 09 www.afterschool.tk 42
Can a unit be closed without
permission in Industrial dispute
act ?
No. permission is required for permanent closure of (a) a place
of employment, or (b) a part of establishment [Sec.2 (cc).]
However, no permission required in smaller units [Sec.25K]
Where Permission is required ,application should be submitted
(in the case of factories, mines and plantations) to the Govt.
with copy to the Union at least 90 days in advance. [Sec 25(O)
(1)] If no reply is received within 60 days permission can be
assumed [Sec.25(O)(3).]
5 DECEMBER 09 www.afterschool.tk 43
What are the unfair trade practices
on the part of employer under
industrial disputes act ?
To start employer-sponsored trade unions
5 DECEMBER 09 www.afterschool.tk 44
What is the meaning of wages in
Industrial Disputes act ?
5 DECEMBER 09 www.afterschool.tk 45
When is the national tribunal
constituted ?
5 DECEMBER 09 www.afterschool.tk 46
What are the unfair practices by
workers under Industrial disputes
act ?
5 DECEMBER 09 www.afterschool.tk 47
What is the period of pendency?
5 DECEMBER 09 www.afterschool.tk 49
What is the role of works
committee ?
5 DECEMBER 09 www.afterschool.tk 52
What is the role of labour
inspectors ?
5 DECEMBER 09 www.afterschool.tk 53
What is the role of tripartite
bodies in India?
5 DECEMBER 09 www.afterschool.tk 55
What is the meaning of industry
under Industrial disputes act ?
5 DECEMBER 09 www.afterschool.tk 56
What are the tests of industry ?
5 DECEMBER 09 www.afterschool.tk 57
contd....
5 DECEMBER 09 www.afterschool.tk 58
What is industrial dispute under
Industrial disputes act?
5 DECEMBER 09 www.afterschool.tk 60
What type of work is performed
by worker in Industrial disputes
act?
1. skilled or unskilled
2. clerical
3. technical
4. supervisory work
5 DECEMBER 09 www.afterschool.tk 61
Is teacher a worker in Industrial
disputes act. ?
No
Sunderambal v. Government of Goa [AIR
(1988) SC 1700. (1989)
5 DECEMBER 09 www.afterschool.tk 62
Is labour officer working in a
textiles mill a worker ?
Yes
superivisor work is also included as per
Industrial disputes act – so he is also a worker
5 DECEMBER 09 www.afterschool.tk 63
What is the meaning of strike in
Industrial disputes act?
Yes
read : Textile Workers’ Union v. Shree
Meenakshi Mills, (1951)
5 DECEMBER 09 www.afterschool.tk 65
What are the various types of
strikes?
Sit down
go slow
hunger strike
tool down
work to rule
stay in
pen down etc.
5 DECEMBER 09 www.afterschool.tk 66
If a strike is resorted to by the workers in support of
their reasonable, fair and bona fide demands in
peaceful manner, then can the strike be justified?
Yes
read : Gujarat Steel Tubes Ltd. v. Gujarat Steel
Tubes Majdoor Sabha, AIR 1980 SC 1896
5 DECEMBER 09 www.afterschool.tk 67
What is the the doctrine of
“apportionment of blame”?
5 DECEMBER 09 www.afterschool.tk 68
What is lockout in Industrial
disputes act?
5 DECEMBER 09 www.afterschool.tk 69
What is lay off in Industrial
disputes act ?
5 DECEMBER 09 www.afterschool.tk 70
What is retrenchment under
Industrial disputes act ?
Read :
sec. 25F,25F,25FFF
5 DECEMBER 09 www.afterschool.tk 72
Can a company retrench its
surplus employees under
industrial disputes act?
Yes
read :
Parry & Co. Ltd. v. P.C. Pal, (1970) II L.L.J. 429,
the Supreme Court observed that the management has a right to
determine the volume of its labour force consistent with its
business or anticipated business and its organisation. If for
instance a scheme of reorganisation of the business of the
employer results in surplusage of employees, no employer is
expected to carry the burden of these employees.
5 DECEMBER 09 www.afterschool.tk 73
What is Unfair Labour Practice
21.
5 DECEMBER 09 www.afterschool.tk 74
Can dismissal of Individual
employee be called an industrial
dispute?
Yes
read sec. 2A
5 DECEMBER 09 www.afterschool.tk 75
What are the main authorities
under Industrial disputes act?
These are :
Conciliation Officers. Boards of Conciliation.
Court of Inquiry.Labour Tribunals. Industrial
Tribunals National Works Committee
5 DECEMBER 09 www.afterschool.tk 76
What is a hazardous process in
factories act?
5 DECEMBER 09 www.afterschool.tk 77
What is a factory in factories act?
5 DECEMBER 09 www.afterschool.tk 78
What is manufacturing process in
factories act?
making, altering, repairing, ornamenting, finishing, packing,
oiling, washing, cleaning, breaking up, demolishing, or otherwise,
treating or adopting any article or substance with a view to its use,
sale, transport, delivery or disposal
pumping oil, water or sewage or any other substance;
generating, transforming, transmitting power;
composing types for printing, printing by letter-press,
lithography, photogravure or other similar process, or book-binding;
constructing, reconstructing, repairing, refitting, finishing or
breaking up ships or vessels
preserving or storing any article in cold storage. [Section 2(k)]
5 DECEMBER 09 www.afterschool.tk 79
If the labourer is to produce bidies rolled in a certain
form and how the labourer carried out the work is
his own concern and is not controlled by the firm.
The firm is concerned only with getting bidies
rolled in a particular style with certain contents. Is it
a factory ?
No -
read Shankar Balaji Waje v. State of
Maharashtra, AIR 1963 Bom. 236,
5 DECEMBER 09 www.afterschool.tk 80
Is Munim in a factory a worker.
Yes
5 DECEMBER 09 www.afterschool.tk 81
Is a person employed by a gas manufacturing works
as a coolie for excavating and digging trenches
outside the factory for laying pipes for transporting
gas to consumers a worker under factories act.
No
5 DECEMBER 09 www.afterschool.tk 82
Is a soap-works, a carpenter
preparing the packing cases a
worker under factories act?
Yes
5 DECEMBER 09 www.afterschool.tk 83
What is the test of ownership
under factories act?
5 DECEMBER 09 www.afterschool.tk 84
Is it necessary to give notice
before starting a factory?
5 DECEMBER 09 www.afterschool.tk 87
Can a worker carry forward leaves
to next year under factories act?
5 DECEMBER 09 www.afterschool.tk 88
What types of safety provisions
are there in factories act?
Have fencing of factories
check self acting machines
check hoists, lifts etc.
Protect eyes of workers
have adequate space & working condicitions
for worker
have clean, neat, and safe factories
5 DECEMBER 09 www.afterschool.tk 89
What types of safety provisions
are there in factories act for
childern and women?
5 DECEMBER 09 www.afterschool.tk 90
What is injury under ESI Act?
Only in Cash
(read sec. 11 of minimum wages act)
5 DECEMBER 09 www.afterschool.tk 94
Should casual workmen should be included for the purpose of
ascertaining the strength of workmen in terms of Section 1(3)
of Employee PF & MP act 1952
No,
it was held by the Rajasthan High Court in Bikaner Cold
Storage Co. Ltd. v. Regional P.F. Commissioner, Rajasthan,
1979 Lab. I.C. 1017, that persons employed in the normal
course of the business of the establishment should be
considered as the persons employed for the purposes of Section
1(3)(a) and persons employed for a short duration or on
account of some urgent necessity or abnormal contingency,
which was not a regular feature of the business of the
establishment cannot be considered as employees for the
purpose of determining the employment strength
5 DECEMBER 09 www.afterschool.tk 95
Is an employee appointed through a contractor
an employee within the meaning of Employee
PF & MP Act 1952
YES
“Employee” means any person who is employed for wages in
any kind of work, manual or otherwise, in or in connection
with the work of an establishment and who gets his wages
directly or indirectly from the employer and includes any
person
1. employed by or through a contractor in or in connection
with the work of the establishment;
2. engaged as an apprentice, not being an apprentice engaged
under Apprentices Act, 1961 or under the standing orders of
the establishment. [Section 2(f)]
5 DECEMBER 09 www.afterschool.tk 96
What is manufacturing process as
per Employee PF and MP act
1952?
It is similar to meaning as given in Factories
act.
It means any process for making, altering,
repairing, ornamenting, finishing, packing,
oiling, washing, cleaning, breaking up,
demolishing or otherwise treating or adapting
any article or substance with a view to its use,
sale, transport, delivery or disposal. [Section
2(i-c)]
5 DECEMBER 09 www.afterschool.tk 97
Does the payment of gratuity act
apply to factories also ?
Yes , According to Section 1(3), the Act applies to:
1. every factory, mine, oilfield, plantation, port and railway
company
2. every shop or establishment in which ten or more persons are
employed, or were employed, on any day of the preceding twelve
months;
3. such other establishments or class of establishments in which ten
or more employees are employed, or were employed, on any day of
the preceding twelve months
5 DECEMBER 09 www.afterschool.tk 98
Who is an employee under
payment of gratuity act?
Section 2(e) defines employee as any person (other than an
apprentice) employed on wages, in any establishment, factory, mine,
oilfield, plantation, port, railway company or shop, to do any skilled,
semiskilled, or unskilled, manual, or supervisory, technical or
clerical work, whether the terms of such employment are express or
implied and whether or not such person is employed in a managerial
or administrative capacity but does not include any such person who
holds a post under the Central or a State Government and is
governed by any other Act or by any rules providing for payment of
gratuity.
5 DECEMBER 09 www.afterschool.tk 99
What are the cases when employee is not in continuous
service under payment of gratuity act?
1. direct tax
2. development rebate
3. depreciation applicable
4. any other sum as specified in schedule III
http://www.scribd.com/doc/13065899/Negotiable-In
http://www.scribd.com/doc/25295622/Company-La
http://www.scribd.com/doc/11765249/Company-La
http://www.scribd.com/doc/25885860/Company-Me
http://www.scribd.com/doc/25950024/E-governance