LITERATURE REVIEW

Submitted To:
Mrs. Rekha Attri

Submitted By:
KAVYA SINGH UDAY JAT

. These are the few points which should be kept in mind for the safety of the labour but in the industry in one of the oil mi ll which was having a spur gear wheel.every part of the transmission machinery should be fenced . thereby excluding from its operation small establishment.De Jure and De Facto study of labour law in preview of industrial establishment Literature review: For the research methodology my topic is De Jure and De Facto study of Labour Law in preview of industrial establishment. The main object of The Factory Act is ³an Act to consolidate and amend the law regulating labour in factories. as there was in the rule that there should be a safeguard for every mov ing object but there was no safeguard so here we saw that the worker and the manager was not knowing about the law of safety for the labours. Under sec 23: No young person should be allowed to work at any machine to which this section applies .so that there should be safety for every worker during there work. The factory primarily apply to establishment in which ten or more person are working where power is used or twenty or more person where no power is used. Under sec 46: for the canteen for the labours the Sate Government may make rules requiring that in any specified factory where in more then 200 and 50 workers are ordinarily employed .(Patel Jethala Ghelabhai).a canteen it is should be maintained by the occupier for the use of the workers.unless he has been fully instructed . A workman of the mill while greasing the spur gear wheel which was in the motion had one of his hand caught in it.the young person should received sufficient training and knowledge of the machine. both internally and externally .´ Now if we look in there are many Sec for The Safety under Sec 21: Fencing of machinery under this sec it is told that every moving part of prime mover should be fenced .every dangerous part of any machine should be fenced . That hand had to be amputated. 1948 comes in which many different Sec come for the labour . Under the industrial law The Factory Act. Under this section industry should take care like the safe means of escape for all persons in the event of fire and there should be the necessary equipment and facilities for the extinguishing fire. all practicable measures shall be taken to prevent outbreak of fire and its spread. Under sec 38: In every factory.

(Brown Keith) Under 54: subject to the provisions of section 51 .unless a) The manager of the factory has. no adult worker shall be required or allowed to work in a factory for more than 9hr in any d ay. before the said day or the substituted day under clause (a) which ever is earlier ± 1) Deliver a notice at the office of the inspector of h is intention to require the worker to work on the said day which is to be substituted 2) Displayed a notice to that effect in the factory But it was seen in one of the mill that one of the mill manager was seeking to start the´c´ shift from 8:30 pm on Sunday without specifically mentioning the names of those workmen who had to work in that shift. . including the cash equivalent of the advantage accruing through the concessional sale to worker of food grains and other articles. Under the extra wage it comes wages plus such allowa nces. he was not doing which was not in the purview of CLs (a) and (b) of sub section (1) of S. Under sec 59: under this section when a worker works in a factory fo r more than 9 hr in any day or for 48 hr in any week he shall be entitled to wages at the rate of twice his ordinary rate of wages.52. On which we are going to survey on this topic by preparing the question naire and make them fill with the managers of the industries and the labours. Under sec 52: for the weekly holidays under this section no adult worker shall be required or allowed to work in a factory on the first day of the week . These are the few law which are made for the labour for the industry.with provision for drinking water. It has been seen that the manger even do not Appling the laws for their labour therefore the manger should have a complete knowledge about the laws and should apply them. Under sec 79: under this section every worker who has worked for a period of 240 days or more in a factory during a calendar years shall be allowed during the subsequent calendar year .Under sec 47: in every factory where more then 100 and 50 workers are ordinarily employed .adequate and suitable shelter or rest rooms and suitable lunch room .

References y Source: P.The Factory Act 1948 .pp 802-849 .K.Prentice Hall of India Private Limited New Delhi . padhi(2007) Labour and Industrial Laws .

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