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Labour Law

Labour Law

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Published by Urvashi Anand Ohri

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Published by: Urvashi Anand Ohri on Jun 20, 2012
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A Handbook on Labour Laws of India
Rajkumar S. AdukiaB.Com (Hons.), LL.B, AICWA, FCArajkumarfca@gmail.com  / radukia@vsnl.com http://www.carajkumarradukia.com093230 61049 / 093221 39642
“To secure to each labourer the whole product of his labour, or as nearly as possible, is aworthy object of any good Government”
said Abraham Lincoln
Industrialisation poses a challenge for an entrepreneur in the form of management of theresources. The management and effective and efficient deployment of the resources of theorganisation is the factor which decides the profitability and viability of any organisation .Labour isone of the basic resources of any industry and has an important bearing on the performance andgoals of the organisation. In India we have a plethora of Laws which deals with issues concerningLabour administration, labour welfare, regulation of industrial relations between the managementand the workers. For the effective and efficient management of labour in an industry or anorganisation it is necessary to have a complete knowledge of the Laws, bye laws, regulations andordinances applicable to the industry in general and to the company or organisation specifically.The laws and bye laws applicable to labour issues and interests provides for various compliances inaccordance with procedures laid therein. This book provides a brief insight into the Laws, bye laws,Regulations, notifications applicable to labour and labour issues. The salient features of the Central Labour Acts in force in India are given here under: The IndianFactories Act of 1948 provides for the health, safety and welfare of the workers. The Shops andCommercial Establishment Act regulates the conditions of work and terms of employment of workers engaged in shops, commercial establishments, theatres, restaurants, etc. The MaternityBenefit Act provides for the grant of cash benefits to women workers for specified periods beforeand after confinements. The Employment of Children Act, 1938, prohibits the employment of youngchildren below the age of 15 years in certain risky and unhealthy occupations. The payment of wages Act, 1936, regulates the timely payment of wages without any unauthorized deductions bythe employers. The Minimum Wages Act, 1948, ensures the fixation and revision of minimumrates of wages in respect of certain scheduled industries involving hard labour. The IndustrialDisputes Act, 1947, provides for the investigation, and settlement of industrial disputes bymediation, conciliation, adjudication and arbitration, there is scope for payment of compensation incases of lay-off and retrenchment. The Industrial Employment (Standing Orders) Act, 1946,requires employers in Industrial establishments to define precisely the conditions of employmentunder them and make them known to their workmen. These rules, once certified, are binging onthe parties for a minimum period of six months. The Workmen’s Compensation Act, 1923, providesfor compensation to injured workmen of certain categories and in the case of fatal accidents to their dependants if the accidents arose out of and in the course of their employment. It also provides for payment of compensation in the case of certain occupational diseases. The Indian Trade Unions Act, 1926, recognizes the right of workers to organise into trade unions, and when registered, they
have certain rights and obligations and function as autonomous bodies. The Employees’ StateInsurance Act, 1948, provides for sickness benefit, maternity benefit, disablement benefit andmedical benefit. The Employees’ Provident Fund Act, 1952, seeks to make a provision for thefuture of industrial worker after he retires or in case he is retrenched, or for his dependents in caseof his early death.The labour welfare work, thus, covers a wide range of activities and in its present form is widelyrecognised and is regarded as an integral part of the industrial system and management.
This book retains my original three aims: (i) to provide a clear and precise explanation of themeaning of a particular word or phrase; (ii) to help the employer as well as the employee findanswers to many of the questions that might crop up during a dispute or problem; (iii) to identifywhere a problem might occur upon which, when required, further advice and counsel should besought.
I shall appreciate further questions from our readers and all concerned on various issues so thatthey can be included in our future edition or replied through emailrajkumarfca@gmail.com. We will appreciate if our readers can give suggestions and criticism and call our attention to errorswhich might have inadvertently crept in. Alternatively, the readers can also post their queries athttp://www.carajkumarradukia.com
I would
be glad to receive your queries or suggestions. Thosewho are Interested in getting similar technical material on a regular basis can send an email tocarajkumarradukia-subscribe@yahoogroups.comand subscribe to our yahoo group.
Part 1Introduction
Part 2Central Labour Laws

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