A PROJECT REPORT ON

APPLICATION OF LABOUR LAWS IN AN UNORGANISED SECTOR: A CASE STUDY OF CONSTRUCTION INDUSTRY IN JALANDHAR CITY

SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE DEGREE OF

MASTERS IN BUSINESS ADMINISTRATION (FYIC) (2006 2011)

SUBMITTED TO: SUBMITTED BY:DR. J.K. GULATI (472566) KAUR KAUR (472570) INDERJIT (472551) HARMINDERJ EET SINGH (472580) ARINDER KAUR NATINDER

DILPREET SINGH (472555)

GURU NANAK DEV UNIVERSITY COLLEGE, JALANDHAR

TABLE OF CONTENTS CHAPTER NO. NAME OF CHAPTER Student Declaration Supervisor Certificate College Certificate Acknowledgement 1 2 3 4 5 Introduction Indian Labour Laws: An Overview Construction Labour Laws: A Birds Eye View Data Analysis Conclusion & Suggestions 1-8 9-20 21-25 26-30 31-33 PAGE NO.

Annexure ( questionnaires ) Bibliography

35-38

Student Declaration

This is to certify that the project entitled APPLICATION OF LABOUR LAWS IN AN UNORGANISED SECTOR: A CASE STUDY OF CONSTRUCTION INDUSTRY IN JALANDHAR CITY completed during the session 2010-2011 for MBA degree is a bonafide piece of research work and all the sources used to complete this project are duly acknowledged. In case the project report, or any part of it, is found to be copied or quoted without reference, we shall be solely held accountable for the repercussions arising there from.

Dated

Signature of the student ARINDER KAUR NATINDER KAUR (472570) INDERJIT KAUR (472551) (472580) (472566)

HARMINDERJEET SINGH DILPREET SINGH (472555)

SUPERVISOR CERTIFICATE

The project entitled APPLICATION OF LABOUR LAWS IN AN UNORGANISED SECTOR: A CASE STUDY OF CONSTRUCTION INDUSTRY IN JALANDHAR CITY by Arinder Kaur, Natinder Kaur, Inderjit Kaur, Dilpreet Singh and Harminderjeet Singh has been completed under my supervision.

Dated..

Signature of the Supervisor Dr. J.K. Gulati

College Certificate

To Whom It May Concern

The project entitled APPLICATION OF LABOUR LAWS IN AN UNORGANISED SECTOR: A CASE STUDY OF CONSTRUCTION INDUSTRY IN JALANDHAR CITY submitted by Arinder Kaur, Natinder Kaur, Inderjit Kaur, Dilpreet Singh and Harminder Singh in the partial fulfillment for the award of the degree of MBA is a bonafide piece of work completed during session 2010-11.

Signature of principal

ACKNOWLEDGEMENT
The project entitled APPLICATIONS OF LABOUR LAW IN UNOGANISED SECTOR: A CASE STUDY OF CITY JALANDHAR is undertaken by us as a part of MBA syllabi. We extend our heartfelt thanks to Dr.J.K.Gulati, for giving us an opportunity to work on such a learning project and have a good experience of the organizational and its workforce hardships. We would also like to thank him for his invaluable support and for sharing his knowledge with us at various stages during the conduct of the project. We would also like to thank all the respondents of my project survey who were patient enough to fill my questionnaire, cooperation and support. We feel honoured to complete this project as a student of department of management student.

ARINDER KAUR NATINDER KAUR INDERJIT KAUR HARMINDERJEET SINGH

(472566) (472570) (472551) (472580)

DILPREET SINGH

(472555)

CHAPTER: I INTRODUCTION

INTRODUCTION During the 12th century a new branch of jurisprudence known as industrial jurisprudence has developed in our country. Industrial jurisprudence is a development of mainly post independence period although its birth may be traced back to the industrial revolution. Before independence it existed in a rudimentary form in our country. The growth of industrial jurisprudence can significantly be noticed not only from increasing labour and industrial legislation but also from a large number of industrial laws decided by the Supreme Court and the High courts. After independence it was largely felt that the labour policy must emphasise upon self-reliance on the part of the workers. Since independence till 1954, the period when V.V.Giri was the labour minister, all official pronouncements emphasised that labour should become self-reliant.an equally forceful view had been to prefer reliance upon the government. This cross current approach to the labour policy gave place to a new approach known as tripartism. Thus Tripartism became the central theme in the so called Nanda-Period that began in 1957. During this period the government paid reliance on third party approach namely the trade union representing the workers, the employers, and the government.1 Tripartism is an approach which lays stress on the identify of interests between labour and capital i.e., they are the parents in the maintenance of production and the building up of the national economy. The labour policy has proceeded on a realisation that the community as a whole, as well as individual employers are under an obligation to protect the welfare of workers and to secure to them their due share in the gains of economic development. This led to enacting of the
1

Misra S.N., Labour and industrial Laws (2009) ,Central Law Publications, 107, Darbhanga , Allahabad

Payment of Bonus Act, 1965 which aimed at providing for the payment of bonus on the basis of profits or on the basis of production or productivity. The main postulates of labour policy may be summed up as follows: 1) Recognition of the state as the custodian of the interests of the community, as the catalyst of change and welfare programmes. 2) Recognition of the right of workers to peaceful direct action if justice is denied to them.

3) Encouragement to mutual settlement, collective bargaining and voluntary arbitration. 4) Intervention by the state in favour of the weaker party to ensure fair treatment to all concerned. 5) Primacy to maintenance of industrial peace. 6) Evolving partnership between the employer and employees in a constructive endeavour to promote the satisfaction of the economic needs of the community in the best possible manner. 7) Ensuring fair wage standards and provisions of social security. 8) Co-operation for augmenting production and increasing productivity. 9) Adequate enforcement of legislation. 10) Enhancing the status of the worker in industry. 11) Tripartite consultation2.

Misra S.N., Labour and industrial Laws (2009) ,Central Law Publications, 107, Darbhanga , Allahabad

GROWTH OF LABOUR LEGISLATION IN INDIA Labour legislation in India grew with the growth of industry. In the 18th century India was not only a great agricultural country but a great manufacturing country too. Asian and European markets were mainly fed by the looms supplied by India. But the British government in India as a matter of policy discouraged Indian manufacturers in order to encourage the rising manufacturers of England. In the 20th century The National Movement took a new turn and there was a common demand for the Indian goods. A non-corporation movement which is known as SWADESHI MOVEMENT was started which urged upon the people to use goods made in India and to boycott foreign goods. No doubt the Indian economists, drew their inspiration from British classical economists but they out grew those ideas. After 30s planning was accepted by the national movement as its economic ideology. Thus, plant industrialisation became our main goal3. In India, a number of labour legislations have been enacted to promote the conditions of the labour keeping in view the development of the industry and the national economy. But for industrial generation it is necessary that the partners of the industry must cure their respective defects. Since independence both legislation and public opinion have done a lot to better the condition of the workers but unfortunately the employers have not responded very appreciably it is high time that the employers must realise that it is their privilege as a citizen of a democratic country to relinquish their acquisitive tendencies of the past and set a new ideal for the future of the country, at the same time it is the duty of the workers and their organisations to improve the work-efficiency and help in securing better production resulting in great profits and prosperity of the industry to be ultimately shared by the management, workers and the community at large. The employers should concede to workers a representatives voice in the control of industrial system. The government and the factory owners must fully understand the labour psychology and a change their outlook and attitude is desired to secure industrial peace. Similarly, workers in the country must understand fully that if they desire to secure their dew place in the industrial economy of the country they must think more in terms of responsibility and duties and not interpret independence for
3

Misra S.N., Labour and industrial Laws (2009) ,Central Law Publications, 107, Darbhanga , Allahabad

impertinence and liberty for licence. Then alone a socialist democracy is possible in this country and industrial relations of a higher order can be maintained for the benefit of the country and the community.

The law relating to labour and employment in India is primarily known under the broad category of "Industrial Law". Industrial law in this country is of recent vintage and has developed in respect to the vastly increased awakening of the workers of their rights, particularly after the advent of Independence. Industrial relations embrace a complex of relationships between the workers, employers and government, basically concerned with the determination of the terms of employment and conditions of labour of the workers. Escalating expectations of the workers, the hopes extended by Welfare State, uncertainties caused by tremendous structural developments in industry, the decline of authority, the waning attraction of the work ethics and political activism in the industrial field, all seem to have played some role.4

REVIEW OF LITRATURE
The Second National Labour Commission on Labour (NCL), which was appointed in 1999, was, inter-alia, mandated to suggest on umbrella legislation for the workers in the unorganised sector. The Commission, in its report, which was submitted to the Government in July 2002, has recommended umbrella legislation for ensuring a minimum level of protection to such workers. The matter assumed the utmost importance and was actively discussed during this period which the social partners throughout the length and breadth of the country. India is known for its huge geographical spread and magnitude of its populations. It has a huge working population of 406 million (based on NSSO Survey of 19902000). Almost 92% of this workforce is in the unorganised sector. There are
4

Misra S.N., Labour and industrial Laws (2009) ,Central Law Publications, 107, Darbhanga , Allahabad

numerous occupational groups pursuing economic activities from generation to generation without formal schooling and scattered all over the country with diffused employer-employee relationship. The occupation wise distribution of employment indicates that 62% of the workers are engaged in agriculture, 11% in industry and 27% in the services sector. A characteristic feature of the employment situation in the country is that the percentage of workers employed on regular salaried employment (16%) is small. The bulk of the workforce is either self-employed (53%) or employed in casual wage employment (31%). In India the term social security is generally used in its broadest sense, it may consist of all types of measures preventive, promotional and protective as the case may be. The measures may be statutory, public or private. The term encompasses social insurance, social assistance, social protection, social safety net and other steps involved. There are number of models of providing social security to the workers in the unorganised sector. These may be classified as under: Centrally funded social assistance programmes. Social insurance scheme. Social assistance through welfare funds of Central and State Governments, and Public initiatives. The centrally funded social assistance programmes include the employment oriented poverty alleviation programmes such as Swarnjayanti Gram Swarojgar Yojana, Jawahar Gram Samridhi Yojana, Employment Assurance Scheme. National Social Assistance Programme (NSAP) comprising old age pension, family benefit and maternity benefits to address the social security needs of the people below poverty line. The social insurance schemes include several schemes launched by the Central and the State Governments for the benefit of weaker sections through the Life Insurance Corporation of India and General Insurance Corporation of India. There are schemes for the employees of shops and commercial establishments and other weaker sections. Janshree Bima Yojana Yojana is a group insurance scheme and covers natural/accidental death, partial or total permanent disability due to accident and the people below poverty line and marginally above are eligible to join the Scheme. Another group insurance scheme for the agriculture landless labour, Krishi Shramik Samajik Suraksha Yojana-2001 launched in July, 2001 provides for pension and insurance besides providing money back. The contribution of the beneficiary is Re.1 per day while the Government contributes Rs. 2/- per day.

Several public institutions and agencies are also imparting various kinds of social security benefits to the selected groups of workers. Among these Self Employed Womens Association (SEWA) has made significant achievement in promoting social security through the formation of cooperatives. Welfare funds represent one of the models developed in India for providing social protection to workers in the unorganised sector. The Government of India has set up five welfare funds. Central funds are administered through the Ministry of Labour for the beedi and workers in certain other occupations for whom no direct employers-employee relationship exists and is implemented without any contribution from the Government. The scheme of welfare fund is outside the framework of specific employer and employee relationship in as much as the resources are raised by the Government on non-contributory basis and the delivery of welfare services is effected without linkage to individual workers contribution. These funds are constituted from the cess collected from the employers and manufacturers/producers of particular commodity/industry concerned. The Government has also enacted a Central legislation for the building and other construction workers towards creation of welfare funds at the level of States. There are around 20 million construction workers in the country. A small cess is collected on the basis of the cost of a construction project which makes the corpus of the welfare fund for the construction workers. All facilities as enumerated above are provided to this section of the unorganised sector workers. Presently three States in the country namely, Kerala, Tamil Nadu and Delhi have started implementing schemes under this Act. However, other States are in the process of adopting. Moreover, the welfare fund models have successfully been implemented by various States for various categories of workers. The State of Tamil Nadu are running 11 Welfare Boards for workers like construction workers, truck drivers, footwear workers, handloom and silk weaving workers. Similarly, State of Kerala are also running several welfare funds for agricultural workers, cashew workers, coir workers, fisherman, toddy-tappers etc. The model is so popular that some of the other States like Andhra Pradesh and Karnataka are in the process of bringing out their own legislation for creation of welfare funds in the unorganised sector workers for providing them social security. In fact Government of Madhya Pradesh has even enacted legislation for the unorganised workers. However, the coverage under all the above programmes is little more than 10 million out of an estimated 370 million workers in the unorganised sector. A lot

more has to be done in the matter of providing social security and social protection to these workers. To assess the working and living conditions of such a large.

As an outcome, the Government has recently approved the Unorganised Sector Workers Social Security Scheme which has been launched on pilot basis in 50 districts. The Honble Prime Minister Shri Atal Bihari Vajpayee have launched the Scheme in Lucknow (UP) on 22.2.2004. The Scheme envisages to provide three basic necessities to the workers in the unorganised sector (i) old-age pension, (ii) personal accidental insurance and (iii) medical insurance. The scheme is available for the workers drawing pay/wages/income not more than Rs. 6500/- p.m. The details of the benefits are as under: (i) Pension Scheme: A minimum pension @ Rs.500/- per month at the age of 60 years or permanent/total disablement and family pension in case of the death of the workers with a provision for enhanced or reduced pension based on the contribution; (ii) Personal Accidental Insurance: The accidental insurance cover of Rs. one lakh; and (iii) Medical Insurance: Coverage under the Universal Health Insurance Scheme (UHIS) for a family of five including member. The Scheme provides for reimbursement of hospitalisation expenses upto Rs. 30,000/- in a year and in case of member is hospitalised due to accident/illness, a compensation of Rs. 50/- per day upto a maximum of 15 days after initial period of three days and also coverage of death of the worker due to accident (Rs. 25,000/-). To avail benefits under all these scheme, there is a single contribution @ Rs. 50/- p.m. from the workers joining the scheme in the age group of 18-35 years and Rs. 100/- p.m. from the workers in the age group of 36-50 years. The contribution from the employers wherever identifiable in both the categories is @ Rs. 100/p.m. Governments contribution is @ 1.16% of the monthly wages of the workers (Presently @ Rs. 250/- per annum per worker) based on the national minimum floor level wage as notified by the central Government from time to time. The Scheme is being implemented through the Employees Provident Fund Organisation (EPFO) having around 260 offices in the country and which will provide single window service to the workers for all the three components of the Scheme. As far as practical and feasible the infrastructure of the Employees State Insurance Corporation (ESIC) will be sued to provide benefits under UHIS. The Workers Facilitation Centres are being set up to assist the workers and liaison with other agencies like State labour

machinery and also the Panchayati Raj Institutions, Self-Help Groups and NGOs, etc. for smooth implementation of the Scheme. So far only one case study has been undertaken which was taken up at the national level by the Second National Labour Commission on labour.

OBJECTIVE OF THE STUDY

The main objectives of the study are as follows:

1. 2. 3. 4.

To study those labour laws which are applicable in an unorganised sector. To have a feel of the existing scenario of the construction workers in unorganised sector. To study safety, health, and welfare measures of the construction workers. To study the terms of employment of the construction workers.

SCOPE OF THE STUDY

The subject matter of the study includes, inter alia, of laws which are applicable in an unorganised sector, existing conditions of the constructions workers; to analyze the safety and welfare measures and the terms of employment of the construction workers.

LIMITATIONS OF THE RESEARCH

In view of time and monetary constraints the jurisdiction of the study has been confined to Jalandhar city only.

RESEARCH METHODOLOGY
Descriptive Research studies are those studies, which are concerned with specific predictions, with narration of facts and characteristics concerning individual, group or situation. Descriptive Research has been used as a tool to study the awareness amongst the construction workers regarding their rights and benefits being provided under The Building and Other Construction Workers (regulation of employment and conditions of service) Act, 1996 and The Building and Other Construction Workers CESS act, 1996. Primary sources A field study was done in Jalandhar city. The facts and figures are based on the survey conducted. In order to collect the information for the research study we have used the questionnaire form. The questionnaire form was filled by the researchers due to the constraint of illiteracy the questions were explained to them in Hindi and the replies were sought. The interview method was also used. The survey covers the three stakeholders i.e. workers, employers and the government officials of the labour department Jalandhar.

Secondary sources Books, newspapers (vernacular & English) and above all Internet constitutes the whole information.

Sample study
The area of the study for the project is Jalandhar city where various construction sites were surveyed. The construction sites which were covered in the survey with one employer each were Guleria Mall, Ladhewali, Model Town, manbroo road and BMC Chowk (flyover) with 70 workmen employed in total.

The construction sites which were covered in the survey with one employer each were:-

Name of the construction site 1. Guleria mall 2. Ladhewali 3. Model town, manbroo road 4. BMC Chowk (flyover)

Number of workmen employed 12 21 12 25

Sample Size
Since industrial relations in India has a tripartite system i.e. government, employees and the workmen all the three stakeholders were surveyed. In this study the two questionnaires were framed one was common for the employer as well as for the employee and the other one was for the government officials Although large samples are more reliable but due to shortage of time and money a small sample has been selected from various construction sites in Jalandhar city. Questionnaire form has been used. In total, 80 questionnaires have been circulated. Out of which 70 questionnaires were got filled up by the

workmen, 4 by the employers/ managers of construction sites and 6 by the Labour Departments representatives who are responsible for ensuring implementation of construction industry related labour laws.

DATA ANALYSIS
After the data collection, the parameter of BAR GRAPHS has been used so that the level of awareness and extent of implementation of the construction related labour laws can be exhibited. .CHAPTERISATION

Chapter 1: Chapter 2: Chapter 3 : Chapter 4: Chapter 5:

Introduction Indian Labour Laws: An Overview Construction Industry Labour Laws: A Birds Eye View Data Analysis Conclusion and Suggestions

CHAPTER:-II INDIAN LABOUR LAWS: AN OVERVIEW

Industrial jurisprudence is a development of mainly post independence period although its birth may be traced back to the industrial revolution. Before independence it existed in a rudimentary form in our country. The growth of industrial jurisprudence can significantly be noticed not only from increasing labour and industrial legislation but also from a large number of industrial laws decided by the Supreme Court and the High courts. After independence it was largely felt that the labour policy must emphasise upon self-reliance on the part of the workers. Since independence till 1954, the period when V.V.Giri was the labour minister, all official pronouncements emphasised that labour should become self-reliant.an equally forceful view had been to prefer reliance upon the government. This cross current approach to the labour policy gave place to a new approach known as tripartism. Thus Tripartism became the central theme in the so called Nanda-Period that began in 1957. During this period the government paid reliance on third party approach namely the trade union representing the workers, the employers, and the government.

LIST OF THE INDIAN LABOUR LAWS:

LAWS RELATED TO INDUSTRIAL RELATIONS: The Trade Unions Act, 1926 The Industrial Employment (standing orders ) Act, 1946 The Industrial Disputes Act,1947 LAWS RELATED TO WAGES The Payment Of Wages Act, 1936 The Minimum Wages Act, 1948 The Fixation Of Rates Of wages Act,1958

 The Payment Of Bonus Act, 1965

LAWS RELATED TO THE WORKING HOURS The Factories Act, 1946 The Dock Workers (Regulation Of Employment) Act 1948 The Plantation Labour Act, 1951 The Mines Act, 1952 The Contract Labour (Regulation and Abolition) Act, 1970 The Building And Other Construction Workers (Regulation Of Employment and Conditions of service) Act, 1996 LAWS RELATED TO EQUALITY AND EMPOWERMENT OF WOMEN The Maternity Benefits Act , 1961 The Equal Remuneration Act, 1976

LAWS RELATED TO DEPRIVED AND DISADWANTAGED SECTIONS OF THE SOCIETY The Bounded Labour System (Abolition ) Act, 1976 The Child Labour ( Prohibition and Regulation) Act, 1986 LAWS RELATED TO SOCIAL SECURITY The Workmens Compensation Act , 1923 The Employees State Insurance Act, 1948 The Employees Provident Fund Act, 1952 The Payment Of Gratuity Act, 1972

There are two working sectors in the system: the manufacturing and the service There are few laws which are applicable to the manufacturing concerns and few laws which are applicable to the service sectors.

Indian labour laws divide industry into two broad categories: 1. Factory Factories are regulated by the provisions of the Factories Act, 1948 (the said Act). All industrial establishments employing 10 or more persons and carrying manufacturing activities with the aid of power come within the definition of Factory. The said Act makes provisions for the health, safety, welfare, working hours and leave of workers in factories. The said Act is enforced by the State Government through their Factory inspectorates. The said Act empowers the State Governments to frame rules, so that the local conditions prevailing in the State are appropriately reflected in the enforcement. The said Act puts special emphasis on welfare, health and safety of workers. The said Act is instrumental in strengthening the provisions relating to safety and health at work, providing for statutory health surveys, requiring appointment of safety officers, establishment of canteen, crches, and welfare committees etc. in large factories.The said Act also provides specific safe guards against use and handling of hazardous substance by occupiers of factories and laying down of emergency standards and measures. 2. Shops and Commercial Establishments Shops and Commercial Establishments are regulated by Shops and Commercial Establishments Act which are state statutes and respective states have their respective Shops and Commercial Acts which generally provide for opening and closing hour, leave, weekly off, time and mode of payment of wages, issuance of appointment letter etc.

Statutory Regulation of Condition of Service in Certain Establishments There is statutory provision for regulating and codifying conditions of service for an industrial establishment employing more than 100 workmen under the provisions of Industrial Employment (Standing Orders) Act, 1946 (this Act). Under the provisions of this Act every employer of an Industrial Establishment

employing 100 or more workmen is required to define with sufficient precision the condition of employment and required to get it certified by the certifying authorities provided under Section 3 of this Act. Such certified conditions of service will prevail over the terms of contract of employment. In a significant judgment recently the Delhi High Court has held that a hospital even though employing more than 100 workmen is not covered under the provisions of this Act, as a hospital is not an Industrial Establishment as defined under this Act. Distinctive Feature of Indian Labour and Employment Laws A distinguishing feature of Indian Labour and Employment Laws are that in India there are three main categories of employees: government employees, employees in government controlled corporate bodies known as Public Sector Undertakings (PSUs) and private sector employees.The rules and regulations governing the employment of government employees stem from the Constitution of India. Accordingly, government employees enjoy protection of tenure, statutory service contentions and automatic annually salary increases. Public sector employees are governed by their own service regulations, which either have statutory force, in the case of statutory corporations, or are based on statutory orders. In the private sector, employees can be classified into two broad categories namely management staff and workman. Managerial, administrative or supervisory employees drawing a salary of Rs.1600/- or more per month are considered management staff and there is no statutory provisions relating to their employment and accordingly in case of managerial and supervisory staff/employee the conditions of employment are governed by respective contracts of employment and their services can be discharged in terms of their contract of employment. Workmen categories are covered under the provisions of the Industrial Disputes Act. Women Labour and Child Labour and laws Women constitute a significant part of the workforce in India but they lag behind men in terms of work participation and quality of employment. According to Government sources, out of 407 million total workforce, 90 million are women workers, largely employed (about 87 percent) in the agricultural sector as labourers and cultivators. In urban areas, the employment of women in the organised sector in March 2000 constituted 17.6 percent of the total organised sector.In addition to the Maternity Benefit Act, almost all the major central labour laws are applicable to women workers. The Equal Remuneration Act was passed in 1976, providing for the payment of equal remuneration to men and women workers for same or similar nature of work. Under this law, no discrimination is permissible in

recruitment and service conditions except where employment of women is prohibited or restricted by the law. The situation regarding enforcement of the provisions of this law is regularly monitored by the Central Ministry of Labour and the Central Advisory Committee. In respect of occupational hazards concerning the safety of women at workplaces, in 1997 the Supreme Court of India in the case of Vishakha Vs. State of Rajasthan [(1997) 6 SCC 241] held that sexual harassment of working women amounts to violation of rights of gender equality. As a logical consequence it also amounts to violation of the right to practice any profession, occupation, and trade. The judgment also laid down the definition of sexual harassment, the preventive steps, the complaint mechanism, and the need for creating awareness of the rights of women workers. Implementation of these guidelines has already begun by employers by amending the rules under the Industrial Employment (Standing Orders) Act, 1946. Elimination of child labour continued to be one of the major focus areas of the Labour Ministry. It took an initiative for framing an omnibus legislation prescribing 14 years as the minimum age for employment and work in all occupations except agricultural activity in family and small holdings producing for own consumption. The proposed legislation would also fix a minimum age of not less than 18 years to any type of employment and work which by its nature or circumstances is likely to jeopardize the health, safety or morals of young persons. As of date, employment of children has been prohibited in 13 occupation and 51 processes in the country bringing the total to 64. It is proposed to raise their number to 73 by notifying additional nine hazardous occupations and processes. In 2006, the Central Government has amended the Child Labour (Prohibition and Regulation) Act, 1986 prohibiting employment of children below 14 years of age even in non-hazardous industry like restaurants, motels and also as domestic servants. To further augment resources for elimination of child labour, the Ministry of Labour signed a Memorandum of Understanding with the ILO extending International Programme on Elimination of Child Labour (IPEC) in India for another two years. India under the ILOs IPEC programme has taken up 154 action programmes on child labour covering more than ninety thousand children with direct funding by the ILO/Area Office to the NGOs. The Unorganised Sector The unorganized sector can be defined as that part of the work force that has not been able to organize itself in pursuit of a common objective because of certain

constraints such as casual nature of employment, ignorance or illiteracy, superior strength of the employer singly or in combination etc. viz. construction workers, labour employed in cottage industry, handloom/power loom workers, sweepers and scavengers, beedi and cigar workers etc.

Unorganised Sector

The unorganised sector means an enterprise owned by individuals, or self employed workers and engaged in the production or sale of goods or providing service or any kind whatsoever and where the enterprise employees workers, the number of such workers is less than 10.The unorganised sector deal with workers who are engaged in a variety of occupations or employments, ranging from those like forest workers, tribals trying to follow traditional vocations within their traditional habitats, and fishermen who venture out to sea in vulnerable canoes, to those who are working in their homes with software, or assembling parts for a highly sophisticated product. Many of them are victims of invisibility. The laws or welfare systems that are proposed for them cannot be effective unless they themselves are conscious of the laws, and acquire the strength to ensure that laws are brought into force; unless there are effective means to implement, monitor and provide quick redress; unless breaches of the law are punished with deterrent penalties, and unless the organs of public opinion and movements and organizations mount vigil, and intercede to ensure that the provisions of the laws and welfare systems are acted upon. It is to begin with a brief reference to the variety of occupations, levels of organisation etc. in the sector, of which, it has to say in later paragraphs. But it is wished to preface the observations by saying that the variety, complexity and dimensions of the sector, and the paucity of information about conditions of work are such that we would have liked to undertake a comprehensive, if not an exhaustive, study of the different kinds of employments, and the conditions and needs of workers in this sector. It cannot be over-emphasized the need for such a study. But the time and resources at our disposal do not permit us, either to undertake such a study, or to collect comprehensive data. The work done will, therefore, bear the marks of the shortcomings that arise from incomplete access to data. The difficulty that came across was in identifying or defining the unorganised sector. Saying that the unorganised sector covers the area that falls outside the purview of the organised sector, is not saying much. A single or primary criterion or characteristic was looked by which the sector could be defined. It was found that it could not be defined or described on the basis of the nature of the work that workers or employees in the sector are engaged in, because, as we have pointed out earlier, the sector has tribal forest workers as well as home-based, info-tech and software workers. It cannot be based on the number of employees in undertakings because it covers agricultural workers, craftsmen, home-based workers, self-

employed workers, workers in weavers cooperatives, as well as workers in small scale industries where the workforce can be counted on ones fingers. It cannot be based on the level of organisation because some of the enterprises may have very few workers, and even these may be working in a dispersed manner with hardly any organisational link or interaction with each other, sometimes because of the nature of the work, and sometimes because of the geographical or locational dispersal of the workers pursuing the same vocation. How then can we define the sector? It would seem that the vocations, employments and conditions of work are so varied and disparate that it is impossible to provide protection and welfare to all workers in all these sub-sectors, with one uniform law or one uniform system for welfare and social security. We will attempt to address these problems in the ensuing paragraphs. It has often been pointed out, and perhaps universally accepted, that there are areas in the unorganised sector where it is difficult to identify an employer, and hence, an employer - employee relationship, which the law can attempt to channelise or influence by defining rights and responsibilities, and building up a system of social security on a contributory basis. The employer of the construction worker or the brick kiln worker can perhaps be identified as a direct employer or a contractor. An employer can perhaps be identified even in the case of a worker who collects minor forest produce, as one, who works for a contractor or the forest department. But no employer can be identified for a fisherman who casts his net into a pond or stream, or for a woman who spins or weaves, or tends livestock at home, to sell surplus milk to a co-operative or to a consumer who is her neighbour. This difficulty in identifying an employer-employee relationship has its corollaries, which we have to take into account when we come to the formulation of proposals for legislation and social security. The first National Commission on Labour, under the Chairmanship of Justice Gajendragadkar, defined the unorganised sector as that part of the workforce who have not been able to organise in pursuit of a common objective because of constraints such as (a) casual nature of employment, (b) ignorance and illiteracy, (c) small size of establishments with low capital investment per person employed, (d) scattered nature of establishments and (e) superior strength of the employer operating singly or in combination. The Commission listed illustrative categories of unorganised labour: These are: (i) contract labour including construction workers; (ii) casual labour; (iii) labour employed in small scale industry; (iv) handloom/power-loom workers; (v) beedi and cigar workers (vi) employees in shops and commercial establishments; (vii) sweepers and scavengers; (viii) workers in tanneries; (ix) tribal labour; and (x) other unprotected labour

In India, the terms unorganised sector and informal sector are used interchangeably in research literature. The term unorganised sector is used commonly in all official records and analyses. It is defined as the residual of the organised sector. The term organised is generally used when we refer to enterprises or employees in which 10 or more employees work together. The various methods employed in estimating data on employment in the organised sector by the Annual Survey of Industries (ASI), Employment Market Information (EMI) programme, etc., as well as those used in assessing overall employment like the decennial Population Census and quinquennial surveys of the National Sample Survey Organisation (NSSO) have their own limitations.2 Problems of underestimation and insufficient coverage in the unorganised sector lead to further problems in deriving the residual estimate of the unorganised sector. Therefore, definitions based on the residual approach, that consider the organised sector as employing 10 or more workers and the unorganised sector as the residual, no longer seem to be dependable. Many new types of enterprises and employments that have emerged in recent years have to be taken into account. The unorganised sector is very diverse. Many efforts have been made to identify the characteristics of employments or undertakings in the sector. But none of the characteristics can be termed as crucial in defining the sector. However, it will be useful to list some of these characteristics: (a) Low scale of organisation (b) Operation of labour relations on a casual basis, or on the basis of kinship or personal relations (c) Small own account (household) or family-owned enterprises or micro enterprises (d) Ownership of fixed and other assets by self (e) Risking of finance capital by self (f) Involvement of family labourers (g) Production expenditure indistinguishable from house-hold expenditures and use of capital goods

(h) Easy entry and exit (i) Free mobility within the sector (j) Use of indigenous resources and technology (k) Unregulated or unprotected nature (l) Absence of fixed working hours (m) Lack of security of employment and other social security benefits (n) Use of labour intensive technology (o) Lack of support from Government (p) Workers living in slums and squatter areas (q) Lack of housing and access to urban services (r) High percentage of migrant labour Some analysts differentiate the terms unorganised and informal. They argue that the number of workers in an undertaking or employment is not the factor that enables one to distinguish the unorganised from the organised. According to them, the organised sector can be distinguished from the unorganised by the presence of legal protection, size of establishments, capability of the workers to organise themselves in unions, and the systematic manner in which production processes are organised in perceptible patterns. The distinguishing factors often mentioned to demarcate the organised from the unorganised, cannot be applied to the informal sector. For instance, let us look at the rules that municipal bodies frame for licensing shops that sell medicines under the Drugs Act, and those that are framed for licensing eateries. There is considerable difference in the nature of the work undertaken by these establishments. The nature of medical practice or druggists shops is highly organised, systematic and sophisticated, requiring high levels of skills acquired through formal education. On the other hand, the nature of the work involved in small or medium restaurants cannot be said to be formal or organised. Again, work in numerous garment-manufacturing units, many of which employ a large number of workers, is organised in nature, but is entirely informal.

However, the formal-informal categorising has helped in identifying a variety of new income generating activities that have hitherto remained un-enumerated and excluded from statistics. It has also been pointed out that the informal sector employment often occurs in circumstances in which the labour processes and the conditions of work are outside the area of public scrutiny. In the broader sense, the number of workers employed in an enterprise cannot be the basis of defining the unorganised sector because such an enterprise based definition does not take into account the vast masses of unorganised labour who work as agricultural workers, cultivators, construction workers, selfemployed vendors, artisans, traditional crafts persons, home-based workers, traditional service workers, workers depending on the common property resources such as forests and fisheries and others. Almost the entire non-agricultural activity in rural India is unorganised. All these sectors are mostly unorganised in terms of organisation, employment and labour participation. The unorganised sector is in no way an independent and exclusive sector. It is linked to, or in many cases, dependent on the organised sector and the rest of the economy through a variety of linkages. It depends on the organised sector for raw materials and other capital requirements, generation of employment, marketing facilities, and so on. The subcontracting model is used by the formal sector for engaging labour in the unorganised sector. It cannot be denied that the unorganised sector does not get enough protection through labour legislation. Despite the existence of labour laws, for various reasons, the workers in this sector do not get social security and other benefits, as do their counterparts in the formal sector. Here, workers are highly exploited by entrepreneurs. They are employed on a casual basis. With the exception of very few cases (where organisations like SEWA are present), there is hardly any trade union or other institutional machinery to fight for the workers. Up to now, collective bargaining has not been able to get any visible space in the unorganized sector. As the workers in the unorganized sector, particularly women, have not been able to organise themselves, they are further discriminated against in the sector. Thus, this is a sector in which workers do not have protection or adequate bargaining power. In the organised sector too, there is a section of permanent workers who are getting casualised and contractualised as a consequence of the new economic and industrial policies. At the same time, there are sections of workers in the unorganised sector, who are organised and unionised as, for example, the head load

workers in some of the industrial and trade centres. However, for practical purposes, we propose to look upon these unionised workers too as part of the workers in the unorganised sector. Thus, workers in the unorganised sector include all the workers of the unorganised sector as well as the casual and contract workers in the organised sector who, for one reason or another, have failed to get the benefits of protective legislation or laws on social security. In a sense, all workers, who are not covered by the existing Social Security Laws like Employees State Insurance Act, Employees Provident Fund and Miscellaneous Provisions Act, Payment of Gratuity Act and Maternity Benefit Act, can be considered as part of the unorganised sector. Perhaps, then, the unorganised sector is a term that eludes definition. Its main features can be identified, and sectors and processes where unorganised labour is used can be listed, though not exhaustively. Apprentices, casual and contract workers, home-based artisans, and a section of self-employed persons involved in jobs such as vending, rag picking and rickshaw pulling come in the unorganised sector. Agricultural workers, construction workers, migrant labour and those who perform manual and helper jobs also come in the category of unorganised sector workers. Workers who depend directly or indirectly on natural resources that are open or common property-based are also included in the unorganised sector provided: a) That it does not include any such person who is subject to the three armed forces Acts or prison services; b) And that they are not employed as permanent workers in: Factories, as defined in section 2(m) of the Factories Act of 1948, Plantations, as defined in section 2(f) of the Plantations Labour Act of 1951, mines, as defined in section 2(j) of the Mines Act of 1952, and Shops and commercial establishments, as defined by the different State Acts.

Other casual and contract workers in defence establishments, factories, plantations, mines and shops and commercial establishments, who for some reason do not enjoy the benefits of the Social Security Laws, should however, be regarded

as part of the unorganised sector workforce. The form of employment or the labour relationship is important in demarcating different sectors. However, conventional labour laws do not define most of them as employees or workers, because a principal employer is unidentifiable in most of these sectors.

Existing legislation and the unorganised sector After this birds eye view of the vast and undulating terrain of the unorganised sector, it is now necessary for us to look at the existing laws/schemes, to see whether they cover the entire area we have surveyed, and whether they are adequate to give even the minimum of protection, safety and social security to the vast and varied workforce in the unorganised sector. If we find that the existing laws do not cover or adequately cover the workforce in the unorganised sector, we have no escape from concluding that more than 90% of our workforce does not enjoy the minimum protection and security that they need. This, then, will be a situation which should shame all those who talk of care and commitment to the rights and welfare of labour, as well as all those who bear responsibility for ensuring the rights and welfare of our people, in particular, the overwhelming majority of our people who are in the labour force. There are many labour laws in our Statute book. All of them do not cover workers in the unorganised/informal sector. All of them are not applicable, and were not meant to be applicable to the employments in the unorganised sector. Some are applicable. But none of the laws that form the base of the social security system covers the whole unorganised sector. We will look at the laws that apply wholly, or partly to this sector. But before we do so, we have to draw attention to the questions or alternatives that arise. One is whether protection and security can be extended by amending existing Acts, mutatis mutandis, to employments and labour in the unorganised sector. The other is whether to achieve the goals of assuring protection and welfare to workers in this sector, we have to enact separate laws for each employment and occupation, including a separate law for the self-employed. A third question is whether one single law can cover the needs of all the workers in the informal/unorganised sector because it does appear that one single law cannot cope with the variety of conditions in a sector, in which even the employeremployee relationship cannot be identified in many cases; where there are vast differences in the state of awareness, literacy, education, skills, degree and level of

organisation means of monitoring, etc. The fourth is whether the problem of variety can be solved or addressed by enacting an Umbrella Law that provides for a minimum of protection, access to welfare or social security, and redressal of grievances, while retaining existing sub-sectoral laws and sub-sectoral welfare systems and providing for the addition of further sub-sectoral systems when and were found necessary. The laws that govern the unorganised sector are: The Factories Act, the Minimum Wages Act, the Equal Remuneration Act, the Payment of Wages Act, the Industrial Disputes Act, the Workmens Compensation Act, the Payment of Gratuity Act, etc. which are applicable to the workers in the unorganised sector where there is an identifiable employer-employee relationship. In some of the employments or avocations, contractors are engaged, and this results in a situation in which the principal employer does not come into the picture, as in building/construction activity, beedi rolling, mining, (particularly stone mining) or quarrying, and various other occupations. These workers are sometimes covered under more than one law e.g. the Contract Labour (Regulation and Abolition) Act as well as under one specific law or another like Beedi and Cigar Workers (Regulation of Employment and Conditions of Service) Act, Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act etc. In spite of the existence of these beneficial laws, the benefits and facilities prescribed under these laws are denied to them in most cases.

CHAPTER: III Construction industry labour laws: A Birds eye view

Building and Other Construction Workers (Regulation of Employment and working Conditions) Act, 1996

There are about 8.5 million building and other construction workers in India as per the estimates of National Sample Survey (1987-88). These workers are one of the most numerous and vulnerable segments of the unorganised sector in India. The building and other construction works are characterised by their inherent risk to the life and limb of the workers. The work is also characterised by its casual nature, temporary relationship between employer and employee, uncertain working hours, lack of basic amenities and inadequacy of welfare facilities. Although the provisions of various Labour Laws i.e., Minimum Wages Act 1948, Contract Labour (Regulation & Abolition) Act1970 and Inter-State Migrant Workmen (Regulation of Employment & Conditions of Services) Act 1979 etc., are applicable to the building and other construction workers, a need was felt for a comprehensive Central Legislation for this category of workers. Towards the above goal the following two enactments have come on the Statute Book w.e.f. 20.8.96, initially brought in as ordinances on 3.11.95 1. The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act,1996; and 2. The Building & Other Construction Workers Welfare Cess Act, 1996 .

AIMS AND OBJECTIVES The above law aims to provide for regulation of employment & conditions of service of the building and other construction workers as also their safety, health and welfare measures in every establishment which employs or employed during the preceding year ten or more workers. The exception made is only in respect of residential houses for own purpose constructed with a cost not exceeding Rs. 10 lakh and such other activities to which the provisions of Factories Act, 1948 and Mines Act, 1952 apply. Some of the other main provisions of the Main Act are given below: 1. Provision for an Advisory Committee at the Central and the State levels with the function to advise the Governments concerned on such matters arising out of the administration of the Act as may be referred to it. 2. Provision for registration of each establishment within a period of sixty days from the commencement of work to ensure that there are no malpractices and to discourage non-compliance of law by circumventing.

3. Provision for registration of building workers as beneficiaries under this Act. 4. Provision for constitution a Building and Other Construction Workers Welfare Board by every State Government to exercise the powers conferred on, and perform the functions assigned to it, under the Act. 5. Provision for immediate assistance in case of accidents, old age pension, loans for construction of house, premia for group insurance, financial assistance for education, to meet medical expenses, maternity benefits etc. 6. Provision for health and safety measures for the construction workers in conformity with ILO convention No.167 concerning safety and health in construction revising the Safety Provisions (Building) Convention, 1937. For this purpose comprehensive Central Rules i.e. Building and other Construction Workers (Regulation of Service and Conditions of Service) Central Rules, 1998 have been notified by the Central Government. 7. Provision for constitution of safety committees in every establishment employing 500 or more workers with equal representation from workers and employers in addition to appointment of safety officers qualified in the field. 8. Provision for Penalties of fine and imprisonment for violation and contravention of the Act FUNDING To raise the Funds for provision of various welfare measures, the Main Act provides for constitution of Welfare Boards. The major source of the Funds shall be collection of cess at rates not exceeding 2% of the cost of construction incurred by an employer. The collection of funds and administration of the Welfare Boards would be the responsibility of concerned State Governments.

GOVERNMENT POLICY Governments policy is to ensure that the intended benefits and advantages reach the construction workers at the earliest and in full measure. The

difficulties experienced in implementation of these Act(s) will become more evident once the implementation of various provisions of the Act(s) and Rules by the Central as well as State Governments pick up momentum. Based on the experience gained by way of implementation of the Act(s) and Rules, corrective steps, if any, will be taken to make them more responsive to the welfare needs of the construction workers.

THE BUILDING AND OTHER CONSTRUCTION WORKERS' WELFARE CESS ACT, 19965

An act to provide for the levy and collection of a cess on the cost of construction incurred by employers with a view to augmenting the resources of the Building and Other Construction Workers' Welfare Boards constituted under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.

AIMS AND OBJECTIVES The aim of this Act is to provide for the levy and collection of a cess on the cost of construction incurred by employers with a view to augmenting the resources of the Building and Other Construction Workers' Welfare Boards constituted under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.
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Levy and collction of cess (1) There shall be levied and collected a cess for the purposes of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, at such rate not exceeding two per cent. but not less than one per cent, of the cost of construction incurred by an employer, as the Central Government may, by notification in the Official Gazette, from time to time specify.6 (2) The cess levied under sub-section (1) shall be collected from every employer in such manner and at such time, including deduction at source in relation to a building or other construction work of a Government or of a public sector undertaking or advance collection through a local authority where an approval of such building or other construction work by such local authority is required, as may be prescribed. (3) The proceeds of the cess collected under sub-section (1) shall be paid by the local authority or the State Government collecting the cess to the Board after deducting the cost of collection of such cess not exceeding one per cent. of the amount collected. (4) Notwithstanding anything contained in sub-section (1) or sub-section (2), the cess leviable under this Act including payment of such cess in advance may, subject to final assessment to be made, be collected at a uniform rate or rates as may be prescribed on the basis of the quantum of the building or other construction work involved.

Assessment of cess. (1) The officer or authority to whom or to which the return has been furnished under section 4 shall, after making or causing to be made such inquiry as he or it thinks fit and after satisfying himself or itself that the particulars stated in the return are correct, by order, assess the amount of cess payable by the employer.

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(2) If the return has not been furnished to the officer or authority under sub-section (2) of section 4, he or it shall, after making or causing to be made such inquiry as he or it thinks fit, by order, assess the amount of cess payable by the employer. (3) An order of assessment made under sub-section (1) or sub-section (2) shall specify the date within which the cess shall be paid by the employer. Power to exempt Notwithstanding anything contained in this Act, the Central Government may, by notification in the official Gazette, exempt any employer or class of employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under any corresponding law in force in that State. Penalty (1) Whoever, being under an obligation to furnish a return under this Act, furnishes any return knowing, or having reason to believe, the same to be false shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (2) Whoever, being liable to pay cess under this Act, wilfully or intentionally evades or attempts to evade the payment of such cess shall be punishable with imprisonment which may extend to six months, or with fine, or with both. (3) No court shall take cognizance of an offence punishable under this section save on a complaint made by or under the authority of the Central Government.

CHAPTER:-IV DATA ANALYSIS

As already stated in Chapter-I, the field study has been confined to Jalandhar City only because of time and money constraints, however, the questionnaires were filled up from various project sites under construction in vicinity of Jalandhar City. The study which has been done through this project will help reveal the extent of awareness regarding The Building and Construction Workers Act 1996 and The Building and The Other Construction Workers Cess Act exists amongst the construction workers.

Indian industrial relations bears a tripartite outlook. Government, Employees and the workmen are the three stakeholders. All three parties were surveyed with the help of Questionnaires. In this study the two questionnaires were framed. One Questionnaire was common for the employer as well as for the employee and the other one was for the officials from Labour Department, Jalandhar.

The issues which were raised in the questionnaires for the govt officials (labour department) were:1)

Provisions of the act (sufficient or not)

2) Regarding the protection and safety welfare measures 3) Registration of the workmen as well as the establishments 4) Welfare board and safety committee

The issues which were raised in the questionnaires for the workmen and the employers were:1)

Provisions of the act (sufficient or not)

2) Role of the trade unions

3)

Benefits under the act i.e. pensionery benefits, death benefits, medical benefits

4) Complaint redressal procedure 5) Registration of the establishment as well as the workmen 6) Welfare board and the safety committee

7) Penalty of fine and imprisonment in case of the violence of the rules of the act

ISSUES Provisions of the act(sufficient or not) Role of Trade Union Benefits Complaint Redressal Procedure Registration of the establishment as well as the workmen Welfare Board and Safety Committee Penalty of fine and imprisonment in case of violation of the rules of the act

Responses Yes No 18 56 04 70 04 70 10 64 67 07 04 65 70 09

Interpretation: As per the above data the 56 workmen are not satisfied with the provisions of the act, 70 workmen says no role played by the trade union, 70 says no benefits given to them, 64 workmen says no complaint redressal procedure exists, 7 workmen says no registration of establishments, 70 says no welfare board for workmen, 61 workmen says there is penalty of fine and imprisonment.

Government Officials
ISSUES Provisions of the act (sufficient or not) Regarding protection and safety welfare measures Registration of workmen as well as the establishment Welfare board and Safety committee RESPONES YES NO 06 00 06 00 04 02 06 00

Interpretation: As per the above table all government officials are satisfied with the provisions of the acts, all of them says that the workers get safety welfare

measures,4 officers said no registration of workmen and establishments, all officers says there is welfare board and the safety committee.

From the above survey it is derived that government has all the provisions for the construction workers, but there is lack of awareness among the workers about the acts which are being regulated for them by the government. In order to make them aware the necessary steps should be taken by the government.

ADMINISTRATION MACHINERY OF CONSTRUCTION INDUSTRY LABOUR LAWS IN JALANDHAR Field study revealed that there are 3 circles (officers)working at Labour Department, Jalandhar is:Assistant Labour Commissioner1 Labour cum Conciliation Officer--1 Conciliation Officer1 Labour Inspectors--9
1.

99 establishments are registered under Sec.7 as revealed by the Mr. Inderjit Singh Assistant Labour Commissioner. As per the information given by Mr.Sunil singh Labour Cum conciliation officer, there are 4313 number of construction workers registered in District Jalandhar 103093935 Cr. has been earned till 31st march 2011 by the government under the provision of sub-section 1 of section 3 of THE BUILDING AND OTHER CONSTRUCTION WORKERS WELFARE CESS ACT, 1996 for the welfare of the workers.

2.

3.

Benefits to registered labour workers under the Building and construction Act are the following:1.

Stipend

1500/- given to the students of 9th ,10th ,+1, +2

1800/- given to the students of graduation

15000/- given to the students of medical and engineering

2. Medical benefits 3. Death benefit

4.

Shagun scheme ( Rs. 5100/- ) for the daughters of the construction workers at the time of their marriage.

CHAPTER:-V CONCLUSION AND SUGGESTIONS

From the above study it has been concluded that there is no awareness of the acts i.e. THE BUILDING AND OTHER CONSTRUCTION WORKERS ACT, 1996 and THE BUILDING AND OTHER CONSTRUCTION WORKERS CESS ACT amongst the construction workers. A case study of jalandhar city was done and the questionnaires were filled up by the labourers and their employers from the various construction sites in jalandhar city. The labour department was also approached in order to check whether what role government is playing in order to take care of their safety, health and welfare measures. The government is earning 1% cess of the total earnings in order to maintain the welfare schemes for the registered construction workers.

SUGGESTIONS Following are the few suggestions which should be followed by the government, employers and the construction workers

GOVT. It is on the part of the govt. That it has to make aware the labour class to get themselves registered It is the government who has to give them knowledge to the illiterate labour class about the acts which are meant to safeguard their interest. The government should arrange the seminars in which it will inform the various benefits which the registered construction workers will get.

EMPLOYERS / CONTRACTORS The employer should get their establishments registered. It is only after the registrations of their establishments are eligible for the benefits.

The employers / contractors should attend the seminars conducted by the government.

CONSTRUCTION WORKERS

The construction workers are illiterate and do not understand that there is any kind of law which has been made to safeguard their interests.

The workers should attend the seminars conducted by the government in order to get aware of all the benefits which are available for them.

ANNEXUREs

Annexure 1 QUESTIONARE FOR THE GOVT. OFFICIALS

NAME OF THE OFFICIAL ________________________________________ DESIGNATION OF THE OFFICIAL __________________________________ PRESENTLY WORKING AT ________________________________________ MOBILE NO. ___________________________________________________

Ques 1: Do you find the provisions of The Building and Other Construction Workers, Act, 1996 sufficient? Ans: YES NO

Ques 2: If NO, is there need for various other provisions for ensuring proper working conditions of the building and construction workers?

Ans:

YES

NO

Ques 3: does the existing building and construction workers laws confer the adequate protection to workers?

Ans:

YES

NO

Ques 4: Does the safety, health and welfare measures are ensured in every establishment where 100 or more workers are employed? Ans: YES NO

Ques5: Are all establishment registered under the clause of registration in the district Jalandhar? Ans: YES NO

Ques6: Do you ensure the building workers registration in every establishment in the district Jalandhar? Ans: YES NO

Ques7: Is there any welfare board for the building and other construction workers? Ans: YES NO

Ques8: Is there any constitution of safety committee in every establishment employing 500 or more workers? Ans: YES NO

Annexure 2
QUESTIONARE FOR WORKMAN

NAME OF THE WORKMAN __________________________ CONSTRUCTION SITE_______________________________

Ques 1: Do you find the provisions of The Building and the Other Construction Workers act 1996 sufficient? Ans YES NO

Ques 2: If No, is there need for various other provisions for ensuring proper working conditions of unorganised sector labour? Ans YES NO

Ques 3: Do you think trade unions have played any role so far Vis-a Vis unorganised sector? Ans YES NO

Ques 4: Is organization of unorganised sector labour important for improving their living standards?

Ans

YES

NO

Ques 5: Do you know about the pensionery benefits which are for any person who has been engaged in the building works for not less than 1 year and on completion of sixty years of age? Ans YES NO

Ques 6: Do you know about the disability pension which is sanctioned to workers who are permanently disabled due to accidents, leprosy etc.? Ans YES NO

Ques 7: Are you aware of the death benefit which has been provided under this act? Ans YES NO

Ques 8: Is there any process to register the complaints against the violation of laws for the construction labour workers? Ans YES NO

Ques 9: Is the safety, health and welfare measures are prevailing in every establishment where 100 or more workers are employed during the preceding year? Ans YES NO

Ques 10: Are the building workers registered in every establishment? Ans YES NO

Ques 11: Is there any welfare board for the building and other construction workers?

Ans

YES

NO

Ques 12: Is there any constitution of safety committee in every establishment employing 500 or more workers? Ans YES NO

Ques 13: Is there any penalty of fine and imprisonment for violation & contravention of the act? Ans YES NO

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S.N. Misra, Labour and industrial laws (2009), Central Law Publications Dr. C.B. Mamoria, Dynamics Of Industrial Relations, Himalaya publishing house S.K. Bhatia, Collective Bargainig- Theory and practice of effective industrial relations, Deep & Deep Publications C.B.Mamoria, Personnel Management, Himalaya publishing house Dale Yoder, Paul D. Staudohar, personnel management and industrial relations , Prentice Hall Of India Private Limited, NEW DELHI Dr. C.B. Mamoria , S.V. Gankar , Dr. Udi Paruk, Himalaya Publishing House K.C.Garg, V.K. Sareen, Mukesh Sharma, Vandana Gautam, Business And Labour Laws, Kalyani Publications

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