Labour Administration

NIDHI SHUKLA
XISS
 INTRODUCTION TO LA
LA is primarily concerned with the affairs
of LABOUR and ADMINISTRATION
Involves preparation, administration,
coordination, checking and review of
labour policies and programmes
Preparation of labour laws and regulations
Establishment and enforcement of
standards in the field of labour
Modern labour administration involves
organizations of employers and workers in
various areas and at various levels
History of LA in India
19th Century: enforcement through
magistrates
Handful of laws: Fatal Accidents, 1855,
Workmens Breach of Contract Act, 1859,
Employers and Workmens Disputes Act,
1860
No policy on other aspects of labour prior
to 1919
LA piecemeal and ad hoc
General lack of coordination between the
Central and Provincial Governments in
matters relating to Labour LA
 Government of India Act 1919
Defined the distribution of legislative and
administrative powers between the
Central and Provincial governments.
The CG could enact LLs relating to mines,
railways, major ports, seamen,
international and inter-provincial
emigration
Provincial Governments could deliberate
on factories, plantations, public works,
inland vessels, labour disputes, labour
welfare and housing, but under the control
of the central government
The Whitley Commission Report,
1931
Up to 1931, labour one of the issues
handled by Department of Industries and
Labour
Department headed by a member of
Executive Council
1920- a few positions of Labour
Commissioners were created in the
provinces of Madras and Bengal,
Labour Office in Bombay-1921
Govt of India Act, 1935
Emphasis on provincial autonomy
Labour Commissioners appointed in
almost all provinces
No. Of Acts enacted: FA 1934, PoWA
1936, Mines A 1935
The second WW and Defence of India
Rules led to the creation of elaborate
machinery for handling of Ind. disputes
and conflicts, incorporated later in ID A
1947
Labour policy in India
Draws inspiration from
The freedom struggle and the national
leaders
Debates in the Constituent Assembly
Provisions of the Constitution
International Conventions and
Recommendations
Indian Labour Conference and
recommendations of National
committees and Commissions
 Labour- a subject both of the
Centre as well as the State
Union List:
Participation in International conferences,
Associations,
Port Quarantine, including hospitals
connected , seamens and marine hospitals
Industrial Disputes concerning Union
employees
Union Agencies and Institutions for:
i) professional, vocational or technical training
ii) The promotion of special studies or
research
Enquiries, surveys and statistics for the
purpose of any of the matters in the Union
List
State List
Public order
Public health and sanitation, hospitals
and dispensaries
Relief of the disabled and unemployable
 Concurrent List
Economic and social planning
Trade Unions, industrial and labour
disputes
Social security and social insurance,
employment and unemployment
Welfare of labour, conditions of work, PF,
employers liability, workmens
compensation, invalidity and old age
pensions and maternity benefits
Vocational and technical training of labour
Factories
Inquiries and statistics of any matter in the
CL
Initial approach to a
comprehensive policy
Spelled out by the interim government in1946
- Minimum Wage
- Fair Wage
- Regulating working conditions in all sectors
- Training and Apprenticeship
- Housing
- Health, accident, sickness insurance
- Coverage of WC Act 1923
- Central Law for maternity benefit with wider coverage
- Increasing coverage of leave with wages in case of
sickness
- Crches and Canteens
- Welfare of coal and mica workers
- Strengthening of labour inspectorates
National Commission of
Labour 2002
Elements of the current policy
- State as catalyst and welfare programmes
- Recognition of the right to peaceful direct
action
- Mutual settlement, collective bargaining
and voluntary arbitration
- Intervention by the State in favour of the
weaker party to ensure fair treatment to all
concerned
- Primacy to the maintenance of industrial
peace
Contd..
Evolving constructive partnership
between employer and employees
Ensuring fair standards and provisions
of social security
Cooperation for augmenting production
and increasing productivity
Adequate enforcement of legislation
Enhancing the status of the worker in
the industry
Tripartite consultation
 Labour Laws
At the time of Independence, only a few
laws existed, post independence
legislative support was given by:-
i) Strengthening the then existing laws
ii) Overhauling a few of them
iii) Supplementing it by new statutes
the implementation and enforcement of
these laws required the creation of
elaborate ADMINISTRATIVE
MACHINERY, both at the Central as
well as the State level
Labour Administrative
machinery
The main responsibility rests with the
Ministry of Labour ( Secretariat) which
has-
- Four attached offices
- Ten subordinate offices
- Four autonomous organizations
- Adjudication bodies
- Arbitration body
Ministry of Labour
Central Administrative
Machinery
Guides controls and
coordinates the activities
of all organizations and
agencies
Subjects allotted
Labour policy ( including wage policy)
Safety, health and welfare of labour
Social security for labour
Policy relating to special target groups
such as women and child labour
Industrial relation and enforcement of
labour laws in the central sphere
Adjudication of industrial disputes
through Indus. Trib, Lab Courts, Nat.
Indust. Trib
contd...
Workers education
Labour and employment statistics
Emigration of labour for employment
abroad
Employment services and vocational
training
Administration of Central labour and
employment services
International cooperation in matters
relating to labour employment
THE MAIN MINISTRY (SECRETARIAT)
The chief labour Commissioners organization has the responsibility to
enforce
the Industrial Disputes Act, 1948,
the Payment of Wages Act, 1936 and
Rules in respect of Mines, Railways and Air Transport Services ,
the Minimum Wages act ,1948,
the Contract Labour (Regulation and Abolition) Act, 1970,
the Equal Remuneration Act , 1976,
the Interstate Migrant Workmen (RE&CS) act,1979,
payment of bonus act 1965,
Child Labour (Prohibition and Regulation) Ac t , 1986,
Payment of gratuity act,1972 ,
Labour laws Act, 1988,
Building and other construction workers (RE&CS) Act, 1996,
Indian Railway Act and Hours of Employment Regulations for Railway
employees,
Industrial employment (Standing Orders) Act, 1946, and the
Maternity Benefit Act, 1961
(Mines and circus rules, 1963)
for organizations where the central government is the appropriate
government.
Contd...
The Central Provident fund
commissioner enforces the Employees
Provident Fund Act.
The director general , employees state
Insurance Corporation enforces the ESI
Act
Attached Offices
Office of the Chief Labour
Commissioner ( CIRM)
DGFASLI ( Directorate General of
Factories Advice Service Labour
Institute)
Labour Bureau
Directorate General of Employment and
Training
 CIRM
Office of the Chief Labour Commissioner( Central)
also known as the Central Industrial Relations
Machinery ( CIRM)
Came into being in 1945 on the recommendations
of the Royal Commission on Labour. was then
charged mainly with duties of prevention and
settlement of industrial disputes, enforcement of
labour laws and to promote welfare of workers in
the undertakings falling within the sphere of the
Central Government
Tasks categorized under three major heads:
- enforcement
- conciliation
- quasi- judicial
 Activities
Prevention, investigation and settlement of
disputes in the Central Sphere
Implementation of labour laws in industries
and establishments in respect of which the
CG is the appropriate Govt
Enforcement of settlement and awards
Verification of the membership of trade
unions affiliated to Central Organizations of
workers for the purposes of giving them
representation in national and international
conferences and committees
Determining representative character for
recognition under the Code of Discipline
Investigation into the Code of Discipline
CLC, Dy. CLCs and RLCs
Presently there are 20 regions each headed
by a Regional Labour Commissioner (RLC)
with Headquarters at Ajmer , Ahmadabad,
Asansol, Bangalore, Bombay, Bhubaneswar,
Chandigarh, Cochin, Calcutta, Guwahati,
Hyderabad, Jabalpur, Madras, New Delhi,
Patna, Nagpur, Dhanbad, Dehradun, Raipur
and Kanpur. Out of these, 14 regions have
been placed under the supervision of three
zonal Dy. CLCs and 4 regional offices are
supervised directly by Headquarters office
of CLC.
 DGFASLI
The technical arm of the ministry in regard to matters
concerned with safety, health and welfare of workers in
factories and ports and docks.
Assists the CG in formulation and review of policy and
legislation on occupational safety and health in
factories and ports
Maintains liaison with factory inspectorates of states in
regard to implementation and enforcement of provisions
of FA, 1948
Enforces the Dock Workers (Safety, Health and Welfare
Act) 1986
Undertakes research in industrial psychology:
Provides training : one-year diploma in Industrial safety
and three month certificate course in Industrial Health
Labour Institutes located in Mumbai, Kanpur, Kolkata
and Chennai
 DGFASLI Offices
The directorate general, factory advice
and labour institutes comprise:
Head quarters situated in Mumbai
Central labour institute in Mumbai.
Regional labour institutes in Chennai,
Kanpur, Kolkata and Faridabad.
 Labour Bureau
Collection, compilation and dissemination of
labour statistics
Construction and maintenance of Working Class
Consumer Price Index Numbers for selected
centres and all-India basis for industrial workers
Construction of CPI for agricultural and rural
workers
Maintenance of up to date information relating to
working conditions of industrial workers
Undertaking research into specific problems
Publishing reports pamphlets and brochures
Bringing out regular publications of Indian Labour
Journal, Indian Labour year book and pocket book
of labour statistics
 ISSUES addressed
statistics and related information on
wages, earnings, productivity, absenteeism, labour turn-
over, industrial relations, working and living conditions
and evaluation of working of various labour enactments
etc.
It is a storehouse of important economic indicators like
Consumer Price Index Numbers for Industrial, Agricultural
and Rural Labourers; wage rate indices and data on
industrial relations, socio-economic conditions in the
organized and unorganized sector of industry etc.
The functions/activities of Labour Bureau can be classified
under three major heads:
Labour Intelligence
Labour Research.
Monitoring and evaluation studies under the Minimum
Wages Act 1948
 Directorate General
Employment and Training
Laying down the policies, standards,
norms, and guidelines in the area of
vocational training throughout the country
Coordinating employment services
Employment service and vocational
training through a countrywide network ,
of employment exchanges industrial
training institutes and a number of other
specialized institutions both at the central
and in the states/union territories
 Subordinate Offices
Subordinate offices under the ministry of
Labour are- The DGMS located in Dhanbad
Welfare Commissioners: The nine offices of
welfare commissioners are responsible for
providing welfare facilities to the workers
employed in mica, limestone and dolomite, iron
ore, manganese and chrome ore mines and in
the beedi and cinema industries.

Entrusted with the responsibility of enforcing

the Mines Act 1952 and Rules and Regulations
framed under it.
Enforces The Indian Electricity Act, 1910 as
applicable to mines and oil-fields, and
Maternity Benefit Act, 1961 in Mines
 The Autonomous Organizations
The Autonomous Organizations
i) ESIC
ii) EPFO
iii) Central Board for Workers Education:
established in 1958 to help make the workers
aware of their rights and responsibilities
through training and education ; a tripartite
body with HQ at Nagpur
iv) V.V. Giri National Labour Institute: established
in 1974 for undertaking training, education
and research
 Adjudication Bodies
17 CGIT : Central Government Industrial
Courts set up under ID Act 1947, 2
located in Mumbai and Dhanbad and
one each in Asansol Bengaluru,
Bhubaneshwar, Chandigarh, Chennai,
Hyderabad, Kolkata, Kanpur, Lucknow,
Jabalpur, Jaipur, N. Delhi and Nagpur
LA machinery of the SG
Pattern similar to CLA with slight
variations
As per implementing agencies and
requirements of state enactments and
non-statutory labour programmes
The main Organizations in
States
Dept of Labour and employment (
secretariat)
Office of Lab. Comm
Ch. Inspectorate of Factories
Ch. Inspectorate of Boilers
Office of Ch. Inspector, Shops and
Establishments
Directorate employment and Training
Directorate, Medical Services
Social Security Directorate
Adjudication Authorities