Prepared By: - Mukesh Kumar Tiwary, ALWC (RFI)

Minimum Wages Act

OBJECT AND SCOPE OF THE LEGISLATION

The Minimum Wages Act was passed in 1948 and it came into force on 15th
March, 1948. The National Commission on Labour has described the passing
of the Act as landmark in the history of labour legislation in the country. The
philosophy of the Minimum Wages Act and its significance in the context of
conditions in India, has been explained by the Supreme Court
in Unichoyi v. State of Kerala (A.I.R. 1962 SC 12), as follows:

“What the Minimum Wages Act purports to achieve is to prevent exploitation

of labour and for that purpose empowers the appropriate Government to
take steps to prescribe minimum rates of wages in the scheduled industries. In
an underdeveloped country which faces the problem of unemployment on
a very large scale, it is not unlikely that labour may offer to work even on
starvation wages. The policy of the Act is to prevent the employment of such
sweated labour in the interest of general public and so in prescribing the
minimum rates, the capacity of the employer need not to be considered.
What is being prescribed is minimum wage rates which a welfare State
assumes every employer must pay before he employs labour”.

According to its preamble the Minimum Wages Act, 1948, is an Act to

provide for fixing minimum rates of wages in certain employments. The
employments are those which are included in the schedule and are referred
to as ‘Scheduled Employments’. The Act extends to whole of India.

IMPORTANT DEFINITIONS

Appropriate Government [Section 2(b)]

“Appropriate Government” means –

(i) in relation to any scheduled employment carried on by or under the

authority of the Central or a railway administration, or in relation to a mine,
oilfield or major part or any corporation established by a Central Act, the
Central Government, and

(ii) in relation to any other scheduled employment, the State Government.

Employee [Section 2(i)]

“Employee” means any person who is employed for hire or reward to do any
work, skilled or unskilled, manual or clerical in a scheduled employment in
respect of which minimum rates of wages have been fixed; and includes an
outworker to whom any articles or materials are given out by another person
to be made up, cleaned, washed, altered, ornamented, finished, repaired,
adapted or otherwise processed for sale purpose of the trade or business of
that other person where the processs is to be carried out either in the home
of the out-worker or in some other premises, net being premises under the
control and management of that person; and also includes an employee
declared to be an employee by the appropriate Government; but does not
include any member of Armed Forces of the Union.

Employer [Section 2(e)]

“Employer” means any person who employs, whether directly or through

another person, or whether on behalf of himself or any other person, one or
more employees in any scheduled employment in respect of which minimum
rates of wages have been fixed under this Act, and includes, except, in sub-
section (3) of Section 26 –

(i) in a factory where there is carried on any scheduled employment in

respect of which minimum rates of wages have been fixed under this Act,
any person named under clause (f) of sub-section (1) of Section 7 of the
Factories Act, 1948, as manager of the factory;

(ii) in any scheduled employment under the control of any Government in

India in respect of which minimum rates of wages have been fixed under this
Act, the person or authority appointed by such Government for the
supervision and control of employees or where no person of authority is so
appointed, the Head of the Department;
(iii) in any scheduled employment under any local authority in respect of
which minimum rates of wages have been fixed under this Act the person
appointed by such authority for the supervision and control of employees or
where no person is so appointed, the Chief Executive Officer of the local
authority;

(iv) in any other case where there is carried on any scheduled employment in
respect of which minimum rates of wages have been fixed under this Act,
any person responsible to the owner of the supervision and control of the
employees or for the payment of wages.

The definitions of “employees” and “employer” are quite wide. Person who
engages workers through another like a contractor would also be an
employer (1998 LLJ I Bom. 629). It was held in Nathu Ram Shukla v. State of
Madhya Pradesh A.I.R. 1960 M.P. 174 that if minimum wages have not been
fixed for any branch of work of any scheduled employment, the person
employing workers in such branch is not an employer with the meaning of the
Act. Similarly, in case of Loknath Nathu Lal v. State of Madhya Pradesh A.I.R.
1960 M.P. 181 an out-worker who prepared goods at his residence, and then
supplied them to his employer was held as employee for the purpose of this
Act.

Scheduled employment [Section 2(g)]

“Scheduled employment” means an employment specified in the Schedule

or any process or branch of work forming part of such employment.

Note: The schedule is divided into two parts namely, Part I and Part II. When
originally enacted Part I of Schedule had 12 entries. Part II relates to
employment in agriculture. It was realised that it would be necessary to fix
minimum wages in many more employments to be identified in course of
time. Accordingly, powers were given to appropriate Government to add
employments to the Schedule by following the procedure laid down in
Section 21 of the Act. As a result, the State Government and Central
Government have made several additions to the Schedule and it differs from
State to State.
Wages [Section 2(h)]

“Wages” means all remunerations capable of being expressed in terms of

money, which would, if the terms of the contract of employment, express of
implied, were fulfilled, be payable to a person employed in respect of his
employment or of work done in such employment and includes house rent
allowance but does not include:

(i) the value of:

(a) any house accommodation, supply of light, water medical;

(b) any other amenity or any service excluded by general or social order of
the appropriate Government;

(ii) contribution by the employer to any Pension Fund or Provides Fund or

under any scheme of social insurance;

(iii) any traveling allowance or the value of any traveling concession;

(iv) any sum paid to the person employed to defray special expenses
entailed on him by the nature of his employment;

(v) any gratuity payable on discharge.

FIXATION OF MINIMUM RATES OF WAGES [Section 3(1)(a)]

Section 3 lays down that the ‘appropriate Government’ shall fix the minimum
rates of wages, payable to employees in an employment specified in Part I
and Part ii of the Schedule, and in an employment added to either part by
notification under Section 27. In case of the employments specified in Part II
of the Schedule, the minimum rates of wages may not be fixed for the entire
State. Parts of the State may be left out altogether. In the case of an
employment specified in Part I, the minimum rates of wages must be fixed for
the entire State, no parts of the State being omitted. The rates to be fixed
need not be uniform. Different rates can be fixed for different zones or
localities: [Basti Ram v. State of A.P. A.I.R. 1969, (A.P.) 227].
Notwithstanding the provisions of Section 3(1)(a), the “appropriate
Government” may not fix minimum rates of wages in respect of any
scheduled employment in which less than 1000 employees in the whole State
are engaged. But when it comes to its knowledge after a finding that this
number has increased to 1,000 or more in such employment, it shall fix
minimum wage rate.

REVISION OF MINIMUM WAGES

According to Section 3(1)(b), the ‘appropriate Government’ may review at

such intervals as it may thing fit, such intervals not exceeding five years, and
revise the minimum rate of wages, if necessary. This means that minimum
wages can be revised earlier than five years also.

MANNER OF FIXATION/REVISION OF MINIMUM WAGES

According to Section 3(2), the ‘appropriate Government’ may fix minimum

rate of wages for:

(a) time work, known as a Minimum Time Rate;

(b) piece work, known as a Minimum Piece Rate;

(c) a “Guaranteed Time Rate” for those employed in piece work for the
purpose of securing to such employees a minimum rate of wages on a time
work basis; (This is intended to meet a situation where operation of minimum
piece rates fixed by the appropriate Government may result in a worker
earning less than the minimum wage), and

(d) a “Over Time Rate” i.e. minimum rate whether a time rate or a piece rate
to apply in substitution for the minimum rate which would otherwise be
applicable in respect of overtime work done by employee.

Section 3(3) provides that different minimum rates of wages may be fixed for
–

(i) different scheduled employments;

(ii) different classes of work in the same scheduled employments;

(iii) adults, adolescents, children and apprentices;

(iv) different localities

Further, minimum rates of wages may be fixed by any one or more of the
following wage periods, namely:

(i) by the hour,

(ii) by the day,

(iii) by the month, or

(iv) by such other large wage periods as may be prescribed;

and where such rates are fixed by the day or by the month, the manner of
calculating wages for month or for a day as the case may be, may be
indicated.

However, where wage period has been fixed in accordance with the
Payment of Wages Act, 1986 vide Section 4 thereof, minimum wages shall be
fixed in accordance therewith [Section 3(3)].

MINIMUM RATE OF WAGES (Section 4)

According to Section 4 of the Act, any minimum rate of wages fixed or

revised by the appropriate Government under Section 3 may consist of –

(i) a basic rate of wages and a special allowance at a rate to be adjusted,

at such intervals and in such manner as the appropriate Government may
direct to accord as nearly as practicable with the variation in the cost of
living index number applicable to such worker (hereinafter referred to as the
cost of living allowance); or

(ii) a basic rate of wages or without the cost of living allowance and the cash
value of the concession in respect of supplies of essential commodities at
concessional rates where so authorized; or
(iii) an all inclusive rate allowing for the basic rate, the cost of living allowance
and the cash value of the concessions, if any.

The cost of living allowance and the cash value of the concessions in respect
of supplies essential commodities at concessional rates shall be computed by
the competent authority at such intervals and in accordance with such
directions specified or given by the appropriate Government.

PROCEDURE FOR FIXING AND REVISING MINIMUM WAGES (Section 5)

In fixing minimum rates of wages in respect of any scheduled employment for

the first time or in revising minimum rates of wages, the appropriate
Government can follow either of the two methods described below.

First Method [Section 5(1)(a)]

This method is known as the ‘Committee Method’. The appropriate

Government may appoint as many committees and sub-committees as it
considers necessary to hold enquiries and advise it in respect of such fixation
or revision as the case may be. After considering the advise of the committee
or committees, the appropriate Government shall, by notification in the
Official Gazette fix or revise the minimum rates of wages.

The wage rates shall come into force from such date as may be specified in
the notification. If no date is specified, wage rates shall come into force on
the expiry of three months from the date of the issue of the notification.

Note: It was held in Edward Mills Co. v. State of Ajmer (1955) A.I.R. SC, that
Committee appointed under

Section 5 is only an advisory body and that Government is not bound to

accept its recommendations. As regards composition of the Committee,
Section 9 of the Act lays down that it shall consist of persons to be nominated
by the appropriate Government representing employers and employee in
the scheduled employment, who shall be equal in number and independent
persons not exceeding 1/3rd of its total number of members. One of such
independent persons shall be appointed as the Chairman of the Committee
by the appropriate Government.
Second Method [Section 5(1)(b)]

The method is known as the ‘Notification Method’. When fixing minimum

wages under Section 5(1)(b), the appropriate Government shall by
notification, in the Official Gazette publish its proposals for the information of
persons likely to be affected thereby and specify a date not less than 2
months from the date of notification, on which the proposals will be taken
into consideration.

The representations received will be considered by the appropriate

Government. It will also consult the Advisory Board constituted under Section
7 and thereafter fix or revise the minimum rates of wages by notification in the
Official Gazette. The new wage rates shall come into force from such date as
may be specified in the notification.

However, if no date is specified, the notification shall come into force on

expiry of three months from the date of its issue. Minimum wage rates can be
revised with retrospective effect. [1996 II LLJ 267 Kar.].

ADVISORY BOARD

The advisory board is constituted under Section 7 of the Act by the

appropriate Government for the purpose of co-ordinating the work of
committees and sub-committees appointed under Section 5 of the Act and
advising the appropriate Government generally in the matter of fixing and
revising of minimum rates of wages. According to Section 9 of the Act, the
advisory board shall consist of persons to be nominated by the appropriate
Government representing employers and employees in the scheduled
employment who shall be equal in number, and independent persons not
exceeding 1/3rd of its total number of members, one of such independent
persons shall be appointed as the Chairman by the appropriate
Government.

It is not necessary that the Board shall consist of representatives of any

particular industry or of each and everyscheduled employment; B.Y.
Kashatriya v. S.A.T. Bidi Kamgar Union A.I.R. (1963) S.C. 806. An independent
person in the context of Section 9 means a person who is neither an employer
nor an employee in the employment for which the minimum wages are to be
fixed. In the case of State of Rajasthan v. Hari Ram Nathwani, (1975) SCC 356,
it was held that the mere fact that a person happens to be a Government
servant will not divert him of the character of the independent person.

CENTRAL ADVISORY BOARD

Section 8 of the Act provides that the Central Government shall appoint a
Central Advisory Board for the purpose of advising the Central Government
and State Governments in the matters of fixation and revision of minimum
rates of wages and other matters under the Minimum Wages Act and for
coordinating work of the advisory boards. The Central Advisory Board shall
consist of persons to be nominated by the Central Government representing
employers and employees in the scheduled employment who shall be equal
in number and independent persons not exceeding 1/3rd of its total number
of members, one of such independent persons shall be appointed as the
Chairman of the Board by Central Government.

MINIMUM WAGE – WHETHER TO BE PAID IN CASH OR KIND

Section 11 of the Act provides that minimum wages payable under the Act
shall be paid in cash. But where it has been the custom to pay wages wholly
or partly in kind, the appropriate Government, on being satisfied, may
approve and authorize such payments. Such Government can also authorize
for supply of essential commodities at concessional rates. Where payment is
to be made in kind, the cash value of the wages in kind or in the shape of
essential commodities on concessions shall be estimated in the prescribed
manner.

PAYMENT OF MINIMUM WAGES IS OBLIGATORY ON EMPLOYER (Section 12)

Payment of less than the minimum rates of wages notified by the appropriate
Government is an offence. Section 12 clearly lays down that the employer
shall pay to every employee engaged in a scheduled employment under
him such wages at a rate not less than the minimum rate of wages fixed by
the appropriate Government under Section 5 for that class of employment
without deduction except as may be authorized, within such time and
subject to such conditions, as may be prescribed.

FIXING HOURS FOR A NORMAL WORKING DAY (Section 13)

Fixing of minimum rates of wages without reference to working hours may not
achieve the purpose for which wages are fixed. Thus, by virtue of Section 13
the appropriate Government may –

(a) fix the number of work which shall constitute a normal working day,
inclusive of one or more specified intervals;

(b) provide for a day of rest in every period of seven days which shall be
allowed to all employees or to any specified class of employees and for the
payment of remuneration in respect of such day of rest;

(c) provide for payment of work on a day of rest at a rate not less than the
overtime rate.

The above stated provision shall apply to following classes of employees only
to such extent and subject to such conditions as may be prescribed:

(a) Employees engaged on urgent work, or in any emergency, which could

not have been foreseen or prevented;

(b) Employees engaged in work in the nature of preparatory or

complementary work which must necessarily be carried on outside the limits
laid down for the general working in the employment concerned;

(c) Employees whose employment is essentially intermittent;

(d) Employees engaged in any work which for technical reasons, has to be
completed before the duty is over;

(e) Employees engaged in any work which could not be carried on except at
times dependent on the irregular action of natural forces.

For the purpose of clause (c) employment of an employee is essentially

intermittent when it is declared to be so by the appropriate Government on
ground that the daily hours of the employee, or if these be no daily hours of
duty as such for the employee, the hours of duty, normally includes period of
inaction during which the employee may be on duty but is not called upon
to display either physical activity or sustained attention.

There is correlation between minimum rates of wages and hours of work.

Minimum wages are to be fixed on basis of standard normal working hours,
namely 48 hours a week; Benode Bihari Shah v. State of W.B. 1976 Lab I.C. 523
(Cal).

PAYMENT OF OVERTIME (Section 14)

Section 14 provides that when an employee, whose minimum rate of wages

is fixed under this Act by the hours, the day or by such longer wage period as
may be prescribed, works on any day in excess of the number of hours
constituting a normal working day, the employer shall pay him for every hour
or part of an hour so worked in excess at the overtime rate fixed under this
Act or under any other law of the appropriate Government for the time
being in force whichever is higher. Payment for overtime work can be
claimed only by the employees who are getting minimum rate of wages
under the Act and not by those getting better wages. (1998 LLJ I SC 815).

WAGES OF A WORKER WHO WORKS LESS THAN NORMAL WORKING DAY

(Section 15)

Where the rate of wages has been fixed under the Act by the day for an
employee and if he works on any day on which he employed for a period
less than the requisite number of hours constituting a normal working day, he
shall be entitled to receive wages for that day as if he had worked for a full
working day.

Provided that he shall not receive wages for full normal working day –

(i) if his failure to work is caused by his unwillingness to work and not by
omission of the employer to provide him with work, and

(ii) such other cases and circumstances as may be prescribed.

MINIMUM TIME – RATE WAGES FOR PIECE WORK (Section 17)

Where an employee is engaged in work on piece work for which minimum

time rate and not a minimum piece rate has been fixed, wages shall be paid
in terms of Section 17 of the Act at minimum time rate.

MAINTENANCE OF REGISTERS AND RECORDS (Section 18)

Apart from the payment of the minimum wages, the employer is required
under Section 18 to maintain registers and records giving such particulars of
employees under his employment, the work performed by them, the receipts
given by them and such other particulars as may be prescribed. Every
employee is required also to exhibit notices, in the prescribed form containing
particulars in the place of work. He is also required to maintain wage books
or wage-slips as may be prescribed by the appropriate Government and the
entries made therein will have to be authenticated by the employer or his
agent in the manner prescribed by the appropriate Government.

AUTHORITY AND CLAIMS (Section 20-21)

Under Section 20(1) of the Act, the appropriate Government, may appoint
any of the following as an authority to hear and decide for any specified
area any claims arising out of payment of less than the minimum rate of
wages or in respect of the payment of remuneration for the days of rest or of
wages at the rate of overtime work:

(a) any Commissioner for Workmen’s Compensation; or

(b) any officer of the Central Government exercising functions as Labour

Commissioner for any region; or

(c) any officer of the State Government not below the rank of Labour
Commissioner; or

(d) any other officer with experience as a Judge of a Civil Court or as the
Stipendiary Magistrate.

The authority so appointed shall have jurisdiction to hear and decide claim
arising out of payment of less than the minimum rates of wages or in respect
of the payment remuneration for days of rest or for work done on such days
or for payment of overtime.

The provisions of Section 20(1) are attracted only if there exists a disputed
between the employer and the employee as to the rates of wages. Where
no such dispute exists between the employer and employees and the only
question is whether a particular payment at the agreed rate in respect of
minimum wages, overtime or work on off days is due to an employee or not,
the appropriate remedy is provided by the Payment of Wages Act, 1936.

OFFENCES AND PENALTIES

Section 22 of the Act provides that any employer who (a) pays to any
employee less than the minimum rates of wages fixed for that employee’s
class of work or less than the amount due to him under the provisions of this
Act or contravenes any rule or order made under Section 13, shall be
punishable with imprisonment for a term which may extend to six months or
with fine which may extend to five hundred rupees or with both.

While imposing any fine for an offence under this section the court shall take
into consideration the amount of any compensation already awarded
against the accused in any proceedings taken under section 20.

It is further stipulated under Section 22A of the Act that any employer who
contravenes any provision of this Act or of any rule or order made thereunder
shall if no other penalty is provided for such contravention by this Act be
punishable with fine which may extend to five hundred rupees.

COMPLIANCES UNDER THE ACT

The establishment must ensure following compliances under the Act. These
compliances are not exhaustive but illustrative.

1. The Establishment is covered by the definition “Scheduled

Employment” with effect from…….
2. The Government revised the minimum wages once/twice/ thrice
during the financial year under reference and the Establishment has
paid to all its employees minimum wages in accordance with the rates
 at respective point of time and at the respective rates specified in
notification under Section 5 of the MWA.
3. The Establishment has issued wage slips to all its employees in respect
of each of the wage period………..
4. Where the services of any employee were terminated for any reason
whatsoever, the wages were paid within two working days from the
date of such termination.
5. The Establishment did not make any unauthorized deduction from the
wages of any of its employees. Further, the deductions if any, made
were within the limits of fifty percent (or seventy five percent in case of
cooperatives) of wages earned by such employees during the period
under reference.
6. Where the Establishment was constrained to impose any fine or deduct
wages on account of damages caused by any employee, the latter
was given an opportunity of being heard in the presence of a neutral
person and was also communicated the amount of fine imposed or
deduction made from the wages.
7. The Establishment has eight working hours per day, inclusive of half an
hour of interval.
8. All claims under Section 20 of the MWA were paid within the time limit
specified in the Order.

THE PAYMENT OF WAGES ACT, 1936

What is the object of the Payment of Wages Act, 1936?: The main object
of the Act is to avoid unnecessary delay in the payment of wages and
to prevent unauthorized deductions from the wages.

To which establishments is the Act applicable?: The Act is applicable to

the payment of wages to persons employed:

a. in factories;
b. upon railways;
c. in other establishments specified in sub-clauses (a) to (g) of
section 2(ii) of the Act.
The Act empowers the State Government to extend its provisions to the
persons employed in anyestablishments over and above the aforesaid
establishments. {Section 1}

Are all wages covered or protected by the Act?: Wages averaging less
than Rs. 18000.00 per month only are covered or protected by the Act
with effect from 11th September 2005. {Section 1(6)}

Are overtime wages to be taken into account for deciding the

applicability of the Act?: Wages means contractual wages and not
overtime wages. They are not to be taken into account for deciding the
applicability of the Act in the context of section 1(6) of the Act.

Can any employer fix a period longer than one month for paying wages
to a person employed by him?: The period to be fixed for paying wages
to an employed person must not exceed one month. That means, an
employer can choose to pay wages to a person employed by him for a
period of every week or every fortnight, but not for a period of every two
months or every three months, {Section 4}

What are the requirements of the Act in respect of time of payment of

wages?: The following are the requirements of the Act in respect of time
of payment of wages:

a. Wages must be paid on a working day and not on a holiday.

b. Establishments employing less than 1000 persons must pay wages
before the expiry of the 7th day of every month and other
establishments must pay wages before the expiry of the 10th day of
every month.
c. When the employment of any person is terminated, the wages
earned by him must be paid before the expiry of the second working
day from the day of termination. {Section 5}
What are the requirements of the Act in respect of method of payment of
wages?: Wages must be paid in current coin or currency notes or in both
and not in kind. It is, however, permissible for an employer to pay wages
by cheque of by crediting them in the bank account if so authorized in
writing by an employed person. {Section 6}

What is the provision of the Act regarding deductions from the wages
payable to an employed person?: The Act prohibits all kinds of
deductions except those which are authorized by or under the Act.
{Section 7}
What are the provisions of the Act regarding the imposition of fines on
the employed person?:

a. The employer must exhibit on his premises a list of acts or omissions

for which fines can be imposed.
b. Before imposing a fine on an employed person he must be given
an opportunity of showing cause against the fine.
c. The amount of fine must not exceed 3 percent of the wages.
d. A fine cannot be imposed on an employed person who is under
the age of 15 years.
e. A fine cannot be recovered by installments or after 90 days from
the day of the act or omission for which it is imposed.
f. The moneys realized from fines must be applied to purposes
beneficial to employed persons. {Section 8}
Is the employer free to impose fines in respect of any act of omission on
the part of employed persons?: Fines can be imposed in respect of only
those acts or omissions of the employed persons which are approved by
the authority prescribed under section 8(1) of the Act. {Rules 10 to 12}

What is the procedure prescribed for the imposition of fine and for
making deductions for damage or loss?: Any person desiring to impose a
fine on an employed person or to make a deduction for damage or loss
shall explain personally or in writing to the said person the act or
omission, or damage or loss in respect of which the fine or deduction is
proposed to be imposed, and the amount of fine or deduction, which it
is proposed to impose, and shall hear his explanation in the presence of
at least one other person, or obtain it in writing. {Subsection 8(3), 10(1-A)
& Rule 15}

Apart from the employer himself, who else is responsible for the payment
to the persons employed by him of wages required to be paid under the
Act?:

a. In factories, if any person has been named as the manager of

the factory, then the person so named is also responsible for such
payment.
b. In industrial establishments, if there is a person responsible to the
employer for the supervision and control of the industrial establishment,
then the person so responsible is also responsible for such payment.
c. Upon railways, if the employer is the railway administration and the
railway administration has nominated a person in this behalf, then the
person so nominated is also responsible for such payment. {Section 3}
What is the meaning of the word pay-master?: In the Maharashtra
Payment of Wages Rules, 1963, the word paymaster is used to denote
an employer or other person responsible under section 3 of the Act for
the payment of wages required to be paid under the Act. {Rule 2(q)}

What is the procedure an employed person has to follow for claiming

deducted or delayed wages?:

a. If contrary to the provisions of the Act any deduction has been

made from the wages of an employed person or any payment of
wages has been delayed, he has to make an application for claiming
the same to the Authority appointed under the Act.
b. Such application can be made by the employed person himself
or a legal practitioner or an official of a registered trade union.
c. Such application has to be made within a period of 12 months
from the date on which the date on which the deduction from the
wages was made or from the date on which the payment of the wages
was due to be made.
d. When any application under Subsection (2) is entertained, the
authority shall hear the applicant and the employer or other person
responsible for the payment of wages under Section 3, or give them an
opportunity of being heard, and, after such further enquiry, if any, as
may be necessary, may, without prejudice to any other penalty to
which such employer or other person is liable under this Act, direct the
refund to the employed person of the amount deducted, or the
payment of the delayed wages, together with the payment of such
compensation as the authority may think fit, not exceeding ten times the
amount deducted in the former case and not exceeding three
thousand rupees but not less than one thousand five hundred rupees in
the latter, and even if the amount deducted or delayed wages are paid
before the disposal of the application, direct the payment of such
compensation, as the authority may think fit, not exceeding two
thousand rupees.
e. The amount directed to be paid by the Authority ca be recovered
as if it were a fine.
f. If the employed person is not satisfied with the order of the
Authority, he himself or a legal practitioner or an official of a registered
trade union, if the amount claimed by him is more than Rs. 25.00, can,
within 30 days from the date of the order prefer an appeal to the
Appellate court. {Subsection 15 & 17}
Can the Authority refuse to entertain an application presented to it?: The
Authority may refuse to entertain an application presented to it, if after
giving the applicant an opportunity of being heard the Authority is
satisfied, for reason to be recorded in writing that -
a. the applicant is not entitled to present an application;
b. the application is barred by limitation, or
c. the applicant shows no sufficient cause for making a direction
under Section 15.
The Authority may refuses to entertain an application presented to it if
the application is insufficiently stamped or otherwise incomplete. When
the Authority refuses to entertain an application for the said reason, he
shall return it with an indication of the defects. The application so
refused may be presented again after the defects have been made
good. {Rule 7 or Central Rules}

If any employee is prevented from making an application for payment

of deducted or delayed wages within the prescribed period of limitation
of twelve months, can the Authority admit his application after the expiry
of the said period?: Under the second proviso to Section 15(2) of the Act
the Authority is given power to condone the delay in making the
application within the said period if sufficient cause is shown by the
applicant for not making the application within the said period.

Is it correct to contend that the expression "ten times the amount

deducted" appearing in Section 15(3) of the Act means that the
compensation awarded under that section must be always in multiples
of the wages deducted?: The compensation awarded under section
15(3) may not be in multiples of the wages deducted. The Authority is
free to fix such compensation at the proportionate rate which it may
think to be fair and just subject to the maximum of ten times the amount
deducted.

Is the compensation awarded under section 15(3) of the Act penal or in

the nature of recompensation?: Compensation awarded under section
15(3) is not penal but is in the nature of a payment by way of
recompensation for loss or privation by reason of deduction from the
wages paid.

Can a group of employed persons make a single application for

claiming deducted or delayed wages?: This can be done if they are
working in the same establishment and if deductions have been made
from their wages for the same cause and during the same wages period
or if their wages have remained unpaid for the same wage period.
{Section 16}
Has the employed person to pay any court-fees for making and
application for claiming deducted or delayed wages?: In the State of
Maharashtra and in some other States the employed person is
exempted from paying any Court-fees, other than fees for service of
process, for making such application; but at the same time the
Government is empowered to recover the amount of such court-fees
from the employer of the employed person if the employed person
succeeds in the application. {Section 15A}

Can the employer also prefer an appeal against the order of the
Authority?: If the employer is aggrieved by the order of the Authority, he
also can, within 30 days of the date of order, prefer an appeal to the
Appellate Court if the amount ordered to be paid by him is more than
Rs. 300.00 or the order imposes on him a financial liability of more than
Rs. 1000.00

If an employer wants to file an appeal against any order of the Authority

directing payment of wages, is he required to comply with any condition
at the time of filing the appeal?: Section 17(1A) of the Act provides that
no such appeal shall lie unless the amount payable under the order has
been deposited by the employer with the Authority.

Can the amount required to be deposited under Section 17(1A) be paid

after the filing of the appeal?: The amount required to be deposited
under Section 17(1A) must be paid at the time of filing of the appeal.
The appeal filed un-accompanied by the certificate of deposit is not
maintainable.

If a person is prevented from filing an appeal to the Appellate Authority

within the prescribed period of limitation of thirty days, can the Appellate
Court accept his appeal after the expiry of the said period?: The Act
makes no provision for condonation of the delay in filing the appeal.

If the employer, instead of availing of the remedy of appeal under

section 17 of the Act, files a writ petition under Article 226/227 of the
Constitution of India, is the writ petition maintainable?: The writ petition is
not maintainable if by filing it the employer has deliberately chosen to
circumvent the provisions of law.

Is it competent for the Authority to entertain and decide an application

for payment of subsistence allowance?: The subsistence allowance
payable to an employee placed under suspension pending
Departmental Enquiry is covered within the definition of wages given
under Section 2(6) of the Act and, therefore, the Authority is competent
to entertain and decide an application for payment of subsistence
allowance.

Is it competent for the Authority under the Act to examine the justifiability
of an order of suspension?: If an order of suspension has been passed by
an officer competent to pass it, the authority under the Act cannot
examine its validity to see as to whether it was justified in law or not.

Can the Authority under the Payment of Wages Act decide the question
of the status of an employed person?: The Authority under the Payment
of Wages Act is a Court of summary jurisdiction having powers to deal
with the simple matter of delay in payment of wages or deduction from
wages. It is not within the competence of the Authority to decide the
question of the status of an employed person, i.e., whether he is a Mistry
or Veldar. The matter is a complicated question of law as also of fact.

Can there be attachment of property pending the disposal of a claim for

deducted or delayed wages?: The Authority or the Appellate Court can
attach the property of an employer pending the disposal of such claim if
it is satisfied that the employer is likely to evade payment of any amount
that may be ordered to be paid by it. {Section 17A}

Can an employee file a suit against his employer seeking injunction

restraining the employer from making any deductions from his wages?:
No such suit can be filed because according to section 22(d) of the Act
no Court can entertain any suit for the recovery of any deduction from
wages insofar as the sum so claimed can be recovered by an
application under section 15 of the Act.

Can any employed person relinquish his rights under the Act?: An
employed person is prohibited from contracting out of the Act, i.e. from
giving up any right conferred upon him by the Act, and any contract or
agreement made by him relinquishing such rights is null and void.
{Section 23}

Is an agreement between an employer and his employees authorising

the deduction of union subscription from the salaries of the employer null
and void under Section 23 of the Act?: Such agreement being beneficial
and advantageous to the employees is not null and void under Section
23 of the Act.

Is an employer required to display the abstracts of the Act in

his factory or establishment?: Every employer must display in his factory
or establishment a notice containing the abstracts of the Act and the
rules made thereunder in English and also in the language understood
by the majority or the persons employed in the factory or establishment.
{Section 25}

Form No. VI and Rule 24 regarding the display of the abstract of this Act
has been deleted byGovernment of Maharashtra vide notification date
30-Mar-2001 MGG Pt. I-L. Ext. date 30-Mar-2001 P. 213

What is the responsibility of an employer in respect of wages remaining

unpaid on account of the death of an employed person on account of
the whereabouts of an employed person not being known?: An
employer shall stand discharged of his liability to pay such wages if he
pays them to the nominee of the deceased person, and in case he is
not able to do so, if he deposits them with the prescribed authority.
{Section 25A}

Is deducting some amount or union levies from wages of employees and

paying the same to the union invalid under section 7 of the Act?: If such
deduction and payment is made with the consent of the employees
and / or with the approval of a competent Court, it is not invalid under
Section 7 of the Act.

What are the conditions imposed on deductions for recovery of

 advances of wages?:

1. An advance of wages shall not exceed four months wages.

2. The advance may be recovered in installments by deduction from
wages spread over not more than 18 months.
3. No installment shall exceed one-third of the wages for the month.
4. The rate of interest charged for advances shall not exceed 6 1/4%
per annum. {Rule 18}
Are the provisions of section 9(2) of the Payment of Wages Act permitting
deduction in wages for participation in illegal strike affected by the
provisions of section 26 of the Industrial Disputes Act providing for
penalty for illegal strikes?: The Payment of Wages Act and the Industrial
Disputes Act operate in different fields and the provisions of section 26 of
the Industrial Disputes Act providing for penalty for illegal strikes do not
affect the right of the management to effect a cut in wages to the
extent permitted by Section 9(2) of the Payment of Wages Act.

Minimum Wages Act, 1948: Wage Fixing Method, Issues and Next Steps

How is minimum wage decided under the Minimum Wages Act, 1948? What
are key problems of this act apart from being very old? What may be next
steps of the central government towards addressing these problems?
In the Minimum Wages Act, 1948 the minimum wages are fixed or revised via
two methods as follows:
 Committee Method: A committee or a Sub-Committee is set up to give
advice or make an enquiry.
 Notification Method: The government body responsible for it publishes the
proposal and an official date in the Official Gazette.
The revision of the Minimum Wages is made on the basis of the ‘Cost of Living
Index’. There are different norms for deciding the minimum wages which vary
from industry to industry. The wages are set by the state, a part of the state, a
class or classes, and mode of employment. A wage board is constituted to
help in fixation of the minimum wages. The Central and State Governments
are empowered to fix as well as revise the minimum wages. For scheduled
employments, the state governments fix the minimum wages. The central
government fixes a National Floor Level Minimum Wage which is usually lower
than the minimum wages of most states.
Minimum wages are fixed on a monthly, hourly, daily basis as per the piece
rate, monthly rate and the hourly rate. A Central as well as Regional Advisory
Board comprising of government bodies, representatives of employers, trade
unions.
 As per the methods used to determine the minimum wage husband, wife
and two children are considered as three units and on the basis of units,
minimum wages are decided for agriculture and non-agricultural workers.
Apart from the fact, the current method is very old and obsolete now, the
following are some of the major issues in this field:
Huge Unemployment:
 There is a lot of unemployment in India which has many forms. Usually,
workers do not have strong voices to channel their [problems to the higher
authorities and hence end up working for lower wages out of desperation.
Lack of Awareness and Knowledge of Rights:
 The lack of knowledge about the policies for workers is one of the major
problems which lead to exploitation of workers and the inability to get even
the minimum wages
Jurisdiction Overlaps:
 The government has defined a ‘minimum wage’, ‘living wage’, ‘fair wage’
which have vague definitions with some overlaps. This leads to issues related
to execution of the policy.
As per the Minimum Wage Code, the wage disparity in various sectors is
expected to be removed. Also, there has been a word that the government
may double the minimum wages to a revised amount of around Rs 18,000.
This will lead to better wages for workers. Apart from these policy level
changes the government should proactively engage itself in making sure that
they reach the poorest of the poor and the most disadvantaged sections of
the society through awareness campaigns and activities. Private
organisations should be included in so that they also advertise the rights of
the workers. Some rules which make it mandatory for each company working
in an industry included in the Minimum wages Act, 1948 should make sure
that they provide minimum wages as well as make their workers more aware.

Question: How industrial disputes will be resolved as per

IndustrialDisputesAct1947

Ans: Methods for Settlement of Industrial Disputes

The three methods for settlement of industrial disputes are as
follows:
1.Conciliation
2.Arbitration
3.Adjudication.
Failure of the employees and the employers to sort out their
differences bilaterally leads to the emergence of industrial
disputes. The Industrial Disputes Act, 1947 provides legalistic
machinery for settlement of such disputes by involving the
interference of a third party.
The settlement machinery as provided by the Act consists of
the three methods:
1. Conciliation
2. Arbitration
3. Adjudication
These are discussed one by one.
1. Conciliation:
In simple sense, conciliation means reconciliation of
differences between persons. Conciliation refers to the
process by which representatives of workers and employers
are brought together before a third party with a view to
persuading them to arrive at an agreement by mutual
discussion between them. The alternative name which is
used for conciliation is mediation. The third party may be
one individual or a group of people.
In view of its objective to settle disputes as quickly as
possible, conciliation is characterised by the following
features:
(i) The conciliator or mediator tries to remove the difference
between the parties.
(ii) He/she persuades the parties to think over the matter
with a problem-solving approach, i.e., with a give and take
approach.
(iii) He/she only persuades the disputants to reach a solution
and never imposes his/her own viewpoint.
(iv) The conciliator may change his approach from case to
case as he/she finds fit depending on other factors.
According to the Industrial Disputes Act 1947, the
conciliation machinery in India consists of the following:
1. Conciliation Officer
2. Board of Conciliation
3. Court of Enquiry
A brief description of each of these follows:
Conciliation Officer:
The Industrial Disputes Act, 1947, under its Section 4, provides
for the appropriate government to appoint such number of
persons as it thinks fit to be conciliation officers. Here, the
appropriate government means one in whose jurisdiction
the disputes fall.
While the Com¬missioner /additional commissioner/deputy
commissioner is appointed as conciliation officer for
undertakings employing 20 or more persons, at the State
level, officers from central Labour Commission office are
appointed as conciliation officers, in the case of Central
government. The conciliation officer enjoys the powers of a
civil court. He is expected to give judgment within 14 days
of the commencement of the conciliation proceedings. The
judgement given by him is binding on the parties to the
dispute.
Board of Conciliation:
In case the conciliation officer fails to resolve the dispute
between the disputants, under Section 5 of the Industrial
Disputes Act, 1947, the appropriate government can
appoint a Board of Conciliation. Thus, the Board of
Conciliation is not a permanent institution like conciliation
officer. It is an adhoc body consisting of a chairman and
two or four other members nominated in equal numbers by
the parties to the dispute.
The Board enjoys the powers of civil court. The Board admits
disputes only referred to it by the government. It follows the
same conciliation proceedings as is followed by the
conciliation officer. The Board is expected to give its
judgment within two months of the date on which the
dispute was referred to it.
In India, appointment of the Board of Conciliation is rare for
the settlement of disputes. In practice, settling disputes
through a conciliation officer is more common and flexible.

2.Arbitration:

Arbitration is a process in which the conflicting parties

agree to refer their dispute to a neutral third party
known as ‘Arbitrator’. Arbitration differs from
conciliation in the sense that in arbitration the arbitrator
gives his judgment on a dispute while in conciliation,
the conciliator disputing parties to reach at a decision.
The arbitrator does not enjoy any judicial powers. The
arbitrator listens to the view points of the conflicting
parties and then gives his decision which is binding on
all the parties. The judgment on the dispute is sent to
the government. The government publishes the
judgment within 30 days of its submission and the same
becomes enforceable after 30 days of its publication.
In India, there are two types of arbitration:
Voluntary and Compulsory.
Voluntary Arbitration:
In voluntary arbitration both the conflicting parties
appoint a neutral third party as arbitrator. The arbitrator
acts only when the dispute is referred to him/her. With
a view to promote voluntary arbitration, the
Government of India has constituted a tripartite
National Arbitration Promotion Board in July 1987,
consisting of representatives of employees (trade
employers and the Government. However, the
voluntary arbitration could not be successful because
the judgments given by it are not binding on the
disputants. Yes, moral binding is exception to it.
Compulsory Arbitration:
In compulsory arbitration, the government can force
the disputing parties to go for compulsory arbitration. In
other form, both the disputing parties can request the
government to refer their dispute for arbitration. The
judgment given by the arbitrator is binding on the
parties of dispute.
3.Adjudication:

The ultimate legal remedy for the settlement of an

unresolved dispute is its reference to adjudica-tion by
the government. The government can refer the dispute
to adjudication with or without the consent of the
disputing parties. When the dispute is referred to
adjudication with the consent of the disputing parties,
it is called ‘voluntary adjudication.’ When the
government herself refers the dis¬pute to adjudication
without consulting the concerned parties, it is known as
‘compulsory adjudication.
The Industrial Disputes Act, 1947 provides three-tier
machinery for the adjudication of industrial disputes:
1.LabourCourt
2.IndustrialTribunal
3.NationalTribunal
A brief description on these follows:

Labour Court:
Under Section 7 of the Industrial Disputes Act, 1947, the
appropriate Government by notifying in the official
Gazette, may constitute Labour Court for adjudication
of the industrial disputes The labour court consists of
one independent person who is the presiding officer or
has been a judge of a High Court, or has been a
district judge or additional district judge for not less
than 3 years, or has been a presiding officer of a labour
court for not less than 5 years. The labour court deals
with the matters specified in the second schedule of
the Industrial Disputes Act, 1947.
These relate to:
1. The properiety or legality of an employer to pass an
order under the standing orders.
2. The application and interpretation of standing
orders.
3. Discharge or dismissal of workers including
reinstatement or grant of relief to workmen wrongfully
dismissed.
4. Withdrawal of any statutory concession or privilege.
5. Illegality or otherwise of a strike or lockout.
6. All matters other than those reserved for industrial
tribunals.

Industrial Tribunal:
Under Section 7A of the Act, the appropriate
Government may constitute one or more Industrial
tribunals for the adjudication of industrial disputes.
Compared to labour court, industrial tribunals have a
wider jurisdiction. An industrial tribunal is also
constituted for a limited period for a particular dispute
on an adhoc basis.
The matters that come within the jurisdiction of an
industrial tribunal include the following:
1. Wages, including the period and mode of payment.
2. Compensatory and other allowances.
3. Hours of work and rest periods.
4. Leave with wages and holidays.
5. Bonus, profit sharing, provident fund, and gratuity.
6. Classification by grades.
7. Rules of discipline.
8. Rationalisation.
9. Retrenchment of employees and closure of an
establishment or undertaking.
10. Any other matter that can be prescribed.

National Tribunal:
This is the third one man adjudicatory body appointed
by the Central Govern¬ment by notification in the
Official Gazette for the adjudication of industrial
disputes of national importance. The central
Government may, if it thinks fit, appoint two persons as
assessors to advise the National Tribunal. When a
national tribunal has been referred to, no labour court
or industrial tribunal shall have any jurisdiction to
adjudicate upon such matter.
The main highlights revealed are gleaned as follows:
1. That referring of disputes conciliation machinery is a
common practice is well indicated by a large number
of disputes taken for conciliation.
2. On average, around one-third of the disputes
referred for conciliation failed. Of these, about 60 to 90
per cent of cases were referred to adjudication. Only
one per cent of the cases were referred for arbitration.
These underline the ineffectiveness of conciliation
machinery in settling industrial disputes. Thus, the
existing machinery for the settlement of industrial
disputes, as provided under the Industrial Disputes Act,
1947, needs to be strengthened.
3. Adjudication has proved the most popular way of
settling industrial disputes in India. This is because
adjudication is the last recourse for disputing parties to
settle their disputes.
Here it is noteworthy that the data given in the Table
25.7 is incomplete in the sense that in no year did all
the States and Union Territories send all the information.
For example in some years as many as 12 States and
Union Territories did not furnish information to the Union
Ministry of labour, as can be verified from the latter’s
annual reports for the years decrease in the number of
disputes taken for conciliation from 47,788 in 19801 in
981 is explained by the same reason, i.e. non-
furnishment of information on dispute conciliation by all
States and Union Territories.
Finally, following are a few suggestions to make the
settlement machinery more effective:
1. The trained and experienced officers who are well
acquainted with the problems of industrial workers
should be entrusted with the responsibility of dealing
with conciliation machinery Political and administrative
interference should not be allowed to cloud the
functioning of conciliation machinery.
2. One way to strengthen the adjudication machinery
is to substitute it by setting up Industrial Relations
Commissions (IRCs), both at the Central and the State
level, on the lines suggested by the National
Commission on Labour. The IRC should also be
empowered to oversee the working of the conciliation
machinery.
3. In order to make arbitration fair, the arbitrator
chosen for settling disputes be mutually acceptable to
both the union and the management. This can be
facilitated if the government prepares the panel of
experienced arbitrators at the national and the state
levels so that arbitrators are chosen from the panel, as
and when required.
4. The government should refrain from actively
intervening in the matters of industrial disputes unless it
is must for her to intervene in the disputes.

The objects and characteristics of Industrial Disputes Act,

1947.

Objects of Passing the Industrial Dispute Act, 1947-

1. To harmonise the relations between the employer and
employees.
2. To restore and maintain industrial peace.
3. Provide effective machinery for settlement of industrial
dispute.
4. Compensation to prohibit and restrict strikes and lock
outs.
5. To provide retrenchment compensation to retrenched
employees.
6. To provide certain rules regarding lay off.

Characteristics of Industrial Dispute Act, 1947-

1. Any industrial dispute may be referred to an industrial
tribunal by an agreement of parties to the dispute or by the
State Government if it deems it expedient so to do.
2. An award shall be binding on both the parties to the
dispute for the specified period not exceeding one year. It
shall be normally enforced by the Government.
3. Strike and lock-outs are prohibited---
(1) During the pendency of conciliation and adjudication
proceedings;
(2) During the pendency of settlements reached in the
course of conciliation proceedings;
(3) During the pendency of awards of Industrial Tribunal
declared binding by the appropriate Government.
4. In public interest or emergency the appropriate
Government has power to declare the transport (other than
railways), coal, cotton textiles, food stuffs and iron and steel
industries to be a public utility service for the purposes of this
Act, for a maximum period of six months.
5. In case of lay off or retrenchment of workmen the
employer is required to pay compensation to them.
6. Provision has also been made for payment of
compensation to workmen in case of transfer or closure of
an undertaking.
7. A number of authorities such as, Works Committee,
Conciliation Officers, Board of Conciliation, Courts of Inquiry,
Labour Courts, Tribunal and National Tribunal are provided
provided for settlement of industrial disputes.
8. The nature of powers, functions and duties of these
authorities differ from each other but each one of them
plays an important role in ensuring industrial disputes and
industrial peace.

Q. Explain the following terms under the Industries Disputes

Act, 1947.

(i) Average pay ---

Ans. According to Section 2 (a), ‘Average Pay’ means the
average of the wages payable to workman-
(1) In the case of a monthly paid workman, in the three
complete calendar months,
(2) In the case of a weekly paid workman, in the four
complete weeks,
(3) In the case of daily paid workman, in the twelve full
working days.
(ii) Conciliation Proceeding ---
Ans. According to Section 2 (e), ‘ Conciliation Proceeding’
means any proceeding held by a conciliation officer or
Board under this Act.
(iii) Employer ---
Ans. The head of the department or the chief executive
officer of an authority.
(iv) Independent Person ---
Ans. A person is deemed to be independent with reference
to his appointment, when he is appointed the presiding
officer, of a Board, Court or Tribunal or as a member.
(v) Public Utility Service ---
Ans. According to Section 2 (n), ‘Public Utility Service’
means ---
(1) Any railway service, or any transport service, for the
carriage of passengers or goods by air,
(2) Any service in or in connection with the working of any
major port or dock,
(3) Any section of industrial establishment on working of
which the safety of the establishment or the workmen
employed therein depends,
(4) Any postal, telegraph or telephone service,
(5) An industry which supplies power, light or water to the
public,
(6) Any system of public conservancy or sanitation.
(vi) Industrial Establishment or undertaking ---
Ans. This term means an establishment or undertaking in
which any industry is carried on. But if several activities are
on union establishment, any one or some of such activities
are , an industry, then---
(1) If any unit of such establishment or undertaking carrying
on any activity, being an industry is severable from the other
unit , such, unit shall be deemed to be separate
establishment or undertaking.
(2) If the predominant activity carried on in such
establishment or any unit thereof is an industry and other
activity is not severable from and is, for the purpose of
carrying on of such predominant activity, the entire
establishment or undertaking, as the case may be unit there
of shall be deemed to be an industrial establishment or
undertaking.
(vii) Working Committee ---
Ans. Section 3 provides that in industrial establishment in
which 100 or more workmen are employed the appropriate
government may by general or special order, require the
employer to constitute a works committee in the prescribed
manner. Consisting of representatives of employers and
workmen in equal number. There cannot be more than 20
members in all. The members from amongst the workmen
shall be elected by the prescribed mode of election in
consultation with Trade Union if any registered under the
Trade Unions Act, 1926.
(viii) Conciliation Officer ---
Ans. The appropriate Government may by Gazetted
notification, appoint conciliation officers in such number
and for such area, as it thinks fit either permanently or
temporarily. Their main aim is to mediate in the settlement of
industrial disputes and to promote their settlement.
Conciliation officer may be appointed for any specified
industries in a specified area. The jurisdiction, powers and
functions of the conciliation officer shall be notified in the
official gazette.
(ix) Court of Inquiry ---
Ans. Section 6 contains the provision for Court of inquiry. The
appropriate Government may, as occasion arises by
notification in official gazette, constitute a Court of inquiry
for inquiring into any matter appearing to be connected
with or relevant to any industrial dispute.
(x) Collective Bargaining ---
Ans. Collective bargaining is a process, wherein the Trade
Unions and the employers, put forward their reasons and
come to some certain settlement on the points of issues of
disputes or differences. There is full trial of strength in the
process of the collective bargaining. This process has been
in vogue for a long time. For the better progress of the
industries, the disputes of Collective bargaining need
settlement at the top priority and amity and good
understanding must be promoted and established between
the two disputing parties, the employers and the workmen.

Q. What is the definition of “Industrial Dispute” under

Industrial Dispute Act, 1947 ? When does it arise ? When
does an ‘Individual dispute’ become an ‘Industrial Dispute’
?
Ans. According to section 2(k), ‘Industrial Dispute’ means
any dispute or difference between ---
(a) Employers and employers
(b) Employers and employees
(c) Workmen and workmen; which is connected with:
(1) Employment or non-employment
(2) The terms of employment
(3) With the condition of labour of any person.
An Industrial dispute can be said to have arisen and to be in
existence only when the demand is made by the workmen
and is rejected by the management or vice-versa. If the
demand is made by the workmen and is accepted by the
employer and if the workmen are satisfied no industrial
dispute will ever come Into existence.
The individual dispute may be held to be an industrial
dispute it is necessary that it must fulfil two conditions ---
(1) That the workmen as a body or a considerable section of
them must be found to have made common cause with the
individual workman,
(2) That the dispute was taken up or sponsored by the
workmen as a body or a considerable section of them at a
time, before the date of reference.
Or
Whether the followings comes under the definition of
Industrial disputes or not ? ---
(1) A dispute between a single workman and his employer.
(2) A dispute between a dismissed employee and his
employer.
Ans. (i) A dispute between a single workman and his
employer --- A dispute between employer and an individual
workman, cannot be an industrial dispute. It is only an
individual dispute outside the scope of the Industrial
Disputes Act.
(ii) A dispute between a dismissed employee and his
employer --- Section 2(a) has been inserted by Act. 35 of
1965 which provides that where any employer discharges,
dismisses, retrenches or otherwise terminates the services of
any individual workman any dispute or difference between
that workman and his employer connected with, or arising
out of such discharge, dismissal retrenchment or termination
shall be deemed to be an industrial dispute notwithstanding
that no other workman nor any union of workmen is a party
to the dispute.
Q. What are the various authorities under the Industrial
dispute Act, 1947? Discuss the constitution and function of
the authorities.
Or
Discuss machineries which the Industrial Disputes Act, 1947
provide for the settlement of the Industrial Disputes ? Are
these measures sufficient in your opinion in the direction of
achieving the aim?
Ans. The following machineries or Authorities are
provided under the Act for the settlement and
adjuration of the Industrial Disputes.
(1) Conciliation machinery - This machinery consists of
the following machinery ---
(i) Working Committee - Section 3 provides that in
industrial establishment in which 100 or more workmen
are employed the appropriate government may by
general or special order, require the employer to
constitute a works committee in the prescribed
manner. Consisting of representatives of employers
and workmen in equal number. There cannot be more
than 20 members in all. The members from amongst
the workmen shall be elected by the prescribed mode
of election in consultation with Trade Union if any
registered under the Trade Unions Act, 1926.
(ii) Conciliation Officer - The appropriate Government
may by Gazetted notification, appoint
conciliation officers in such number and for such area,
as it thinks fit either permanently or temporarily. Their
main aim is to mediate in the settlement of industrial
disputes and to promote their settlement. Conciliation
officer may be appointed for any specified industries in
a specified area. The jurisdiction, powers and functions
of the conciliation officer shall be notified in the official
gazette.
(iii) Conciliation Board – This is also constituted by the
appropriate Government for the settlement of
industrial disputes through mutual agreement. The
parties to the dispute sit together and try to reach at a
meeting point acceptable to them. The chairman of
the Board is an independent person, not being
interested in any of the parties or having no concern
with dispute in question. In addition to the chairman,
there are equal number of representatives of the
employers and the workmen as members as the
appropriate Government thinks fit. The representatives
are appointed with the consent of the parties.
(2) Adjudication machinery – It consists of the following
three authorities ---
(i) Labour Court – Such Court is constituted by the
appropriate Government under Section 7 of the Act.
Labour Courts adjudicate such industrial disputes which
are referred to them by the appropriate Government
under Section 10. Such disputes may be related to the
matters of the second schedule. The Court is presided
over by single judge.
(ii) Industrial Tribunal – Such tribunal is constituted by
the appropriate Government under Section 7 (a) of the
Act. Tribunals adjudicate the industrial dispute which
are referred to them by the appropriate Government
for that purpose under Section 10 (1). Such disputes
may be related to any items of second or third
schedule of the Act.
(iii) National Industrial Tribunal – Such tribunal is
constituted by the appropriate Government under
Section 7 (b) of the Act. This tribunal adjudicates only
such industrial disputes which are connected with any
matter of public utility service or are of national
importance, or any dispute in which State and the
Central Government has interest or such industries
which are spread in more than one State.
(iv) Court of Inquiry - Section 6 contains the provision for
Court of inquiry. The appropriate Government may, as
occasion arises by notification in official gazette,
constitute a Court of inquiry for inquiring into any
matter appearing to be connected with or relevant to
any industrial dispute. There is one independent person
as a chairman of the Court appointed by the
appropriate Government and two or more members
duly appointed by the Government.
(v) Arbitration Machinery – Section 10 (a) contains the
provision for referring the industrial disputes for
arbitration voluntarily by the employers and the
workmen with free consent. The number of arbitrators
shall be equal from both the parties. The parties can
refer the disputes by their mutual agreement reduced
in writing provided they are not already referred to
Labour Court or tribunal for adjudication under Section
10 of the Act. Disputes cannot be referred for
adjudication and arbitration at one and the same
time. That will be illegal procedure.
(vi) Grievance Settlement Authority – The provision for
such authority was made by adding/inserting a new
Section 9 (c) through an amendment made in 1982.
The employer of such establishment, where the number
of the workmen is 100 or more, is bound to appoint
such authority for the purpose of settlement of
individual dispute. Now, the individual industrial dispute
should be referred to the Grievance Settlement
Authority. This is mandatory provision. It is only on the
non-acceptance of the decision of the authority, that
the dispute may be referred for adjudication under
Section 10 (1).
Are these measures sufficient- Inspite of the fact of the
said provision of the constitution of five machineries,
there is no decreasing trend in the industrial disputes
and at the same time it has not been possible to wipe
out the differences between the employers and the
workmen. The increasing dissatisfaction and inimical
attitude is not satisfactorily removed or lessened. The
Central Government is well acquainted with such a
situation. This is why the Standing Committee of the
Central Labour Ministry is very seriously thinking of
introducing a new system for the settlement of the
industrial disputes.
Q. Examine the constitution, powers and functions of
the Board of Conciliation constituted under the
Industrial Disputes Act, 1947. Discuss the consequences
does if the Board fails to reach any conciliation ?

Ans. Constitution of Conciliation Board - Section 5 of

the Industrial Disputes Act, 1947 contains the provision
for the constitution of the conciliation Board, a body
constituted by the appropriate Government by the
notification in the Official Gazette for purpose of
settling the industrial disputes arising between the
employers and employees. The Board shall consist of a
chairman, two or four members as the appropriate
Government deems fit. The chairman shall be an
independent person and the members of the parties
shall be equal in number and be appointed on the
recommendation of the employers and workmen
respectively. If any party fails to appoint its
representative in the prescribed time, then the
Government will appoint such persons as it thinks fit for
purpose of that party’s representation. The number of
Board shall 3 or 5. If the quorum is complete, the Board
may function even if the Chairman is absent or any
member. But if the appropriate Government notifies
that the services of the chairman or any member shall
not be available, the Board will not function till the
chairman or the member, as the case may be, is not
appointed.
Power and Duties of the Conciliation Board – Section
13 of the Act mentions the functions to be performed
by the Conciliation Board. The function of the Board
commences only when any industrial dispute is referred
to it by the appropriate Government. Some of the
powers of the Civil Court are vested in the Board. The
Board shall complete its function and send the report
of settlement within the period of 60 days prescribed
for this purpose. This period of two months may be
extended, but with the consent of both the parties. The
consent must be in writing, signed by an agreement of
the parties. The members of the Board may enter the
premises occupied by any establishment to which the
dispute relates. The Board has power of ----
(a) Enforcing the attendance of any person and
examining him on oath,
(b) Compelling the production of documents and
material objects,
(c) Issuing commission for the examination of witnesses,
(d) Such other matters as may be prescribed.
The report of the Board shall be in writing signed by all
the members of the Board. Any member may record a
minute of dissent. The report when submitted shall be
published by the appropriate Government within 30
days of its receipt.
Q. Write short notes on the following under the
Industrial Dispute Act, 1947------
Ans. (1) Award - According to Section 2 (b), of the
industrial dispute Act, 1947 ‘Award’ means an interim
or a final determination of any industrial dispute or of
any question relating thereto by any labour court,
Industrial Tribunal or National Industrial Tribunal and
includes an arbitration award made U/S 10-A.
Ans. (2) Closure – According to Section 2 (oo) ‘closure’
means the permanent closing down a place of
employment or part thereof. The clause (oo) defining
the expression closure has been inserted by Act No. 46
of 1982 with effect from 21-8-1984.
Ans. (3) Controlled Industry – According to Section
2(ee) ‘Controlled Industry’ means any industry the
control of which by the Union has been declared by
any Central Act to be expedient in the public interest.
Ans. (4) Court – According to Section 2 (f) ‘Court’
means a Court of Inquiry constituted under this Act.
Ans. (5) Industry – According to Section 2 (j) ‘industry’
means any business, trade, undertaking, manufacture
or calling of employers and includes any calling,
service, employment, handicraft or industrial
occupation or avocation of workmen.
Ans. (6) Strike – ‘Strike’ means a cessation of work by a
body of persons employed in any industry acting in
combination of any number of persons who are
employed to accept employment.
Ans. (7) Tribunal – According to Section 2 {r}, ‘Tribunal’,
means an industrial Tribunal constituted U/S 7-A and
includes an Industrial Tribunal constituted before the
10th day of March, 1957 under this Act.
Ans. (8) Unfair Labour Practice – According to S(ra),
‘Unfair Labour Practice’ means any of the practices
specified in Fifth Schedule. It contains several
practices. In category I, it contains 16 practices which
are said to be unfair practices on the part of employers
or their trade unions. For example, to interfere with,
restrain from, or coerce workmen in the exercise of
their right to organize, form , join or assist a trade union
or to engage in concerted activities for the purpose of
collective bargaining or other mutual aid or protection,
to establish employer sponsored trade unions of
workmen, to discharge or dismiss workmen by way of
victimization, to recruit workmen during a strike which is
not an illegal strike etc.
Ans. (9) Wages – According to Section 2 (rr) , the term
‘wages’ as contained in the Act means all
remuneration which can be expressed in terms of
money which is paid to a workman in respect of his
employment according to terms and conditions of his
employment. It includes all allowances including D.A.
to which a workman is entitled to get, value of any
house accommodation supply of food grains, or any
other articles of the kind or supply of any service. It also
includes any travelling concession paid to the
workman or any commission on the promotion of sales
or business or both.
Ans. 10. Workman – The term ‘workman’ has been
defined U/S 2(s) of the Industrial Disputes Act. It means
any person (including an apprentice) employed in any
industry to do any manual, unskilled, skilled, technical,
operational, clerical or supervisory work for hire or
reward, whether the terms of employment be express
or implied and for the purposes of any proceeding
under this Act in relation to an industrial dispute,
includes any such person who has been dismissed,
discharged or retrenched in connection with, or as a
consequence of the dispute, or whose dismissal,
discharge or retrenchment has led that dispute.
Ans. 11. Continuous Service – Continuous service
means uninterrupted service and includes service
which may be interrupted merely on account of
sickness or authorized leave or an accident or strike
which is not illegal or a lock-out or a cessation of work
which is not due to any fault on the part of workman.
Ans.12. Lay-Off – According to Section 2 (kkk), ‘lay-off’
means the failure, refusal or inability of an employer on
account of shortage of coal, power or raw materials or
the accumulation of stocks or the breakdown of
machinery or for any other reasons, to give
employment to a workman whose name is borne on
the muster roll of his industrial establishment and who
has not been retrenched.
Ans. 13. Lock-out – According to Section 2 (e), ‘lock-
out’ means----
(1) Temporary closing of a place of employment,
(2) The suspension of work,
(3) The refusal by an employer to continue to employ
any number of persons employed by him, but it does
not include the discharge of employees by an
employer.
Ans. 14. Appropriate Government – According to
Section 2(a), the Central Government as well as the
State Government are vested with various powers and
the duties in relation to matters dealt with in this Act. In
relation to some industrial disputes the Central
Government and in relation to some others the State
Government concerned are the Appropriate
Government to deal with such disputes. Therefore, to
avoid repetition, it was expedient to use a phrase
which may be used in the same sense in different
sections of the Act.
Labour Law-Synopsis
Q. What do you mean by lay-off ? What are the rights
of a laid-off workman to claim compensation ? Under
what circumstances a workman is not entitled to
receive compensation for lay-off ?
Ans. Lay-off --- Section 2(kkk) defines lay-off as follows---
--
A ‘Lay-off’ means the failure, refusal or inability of an
employer on account of
(i) Shortage of coal, power, or raw materials or the
accumulation of stocks,
(ii) Break-down of machinery
(iii) For any other reason to give employment to a
workman--------
(a) Whose name is borne on the muster-roll of his
industrial establishment,
(b) Who has not been retrenched.
The lay-off is the refusal to give employment to
workmen due to the aforesaid factors as mentioned in
the definition. The circumstances must be beyond the
control of the employer .The employer is bound to
refuse to give work, although he has to suffer a lot for
suspension of work in his establishment. If the employer
fails to provide work within 2 hours of his presenting at
the place of work for one shift, the workman may be
asked to come for the second or third shift. But if he
does not get work for that shift too, even after waiting
for 2 hours, he will be deemed to have been laid off for
the whole day. The lay-off shall be treated valid if the
employer is unable to give employment due to the
factors mentioned in the definition including natural
calamities.
Right to get compensation in case of lay-off ----
Section 25(c ) makes it clear that a workman shall be
entitled to receive compensation for the period, during
which he was laid-off. The employer shall give
compensation at the rate of or equal to 50% of basic
wages and Dearness allowance for laying-off the
workmen due to the circumstances beyond his control.
The compensation shall be paid for the days the
workman has been laid-off . If he is laid-off for one shift
only he will be deemed to have been laid-off for half of
the day, but if he is called and presents himself at the
place of work, he is deemed to have been laid-off for
the whole day, thus entitled to get compensation for
half day or full days, as the case may be. Only that
workman will be entitled to lay-off compensation, who
has completed not less than one year of continuous
service under the employer and his name is borne on
the muster roll.
No compensation shall be paid in the following
condition---
(i) If the workman does not present himself on the
place of work at the scheduled time he is called for, to
work shift-wise,
(ii) Although he presents himself, but does not wait at
least for a period of two hours, to get work.
(iii) He does not present himself at the place of work for
the second shift, if he is not given the work in the first
shift.
(iv) He is a casual or Badli workman.
(v) He has not completed one year of complete
service.
(vi) If the permission for lay-off is sought from the
prescribed authority or the appropriate Government.
(vii) If he refuses to accept an alternative work
assigned to him in the same establishment or a branch
of it but not far away from the main establishment and
is within the radius of 5 kilometers and also does not
require extra labour, experience or technical
knowledge.
(viii) In establishment, the number of workers is less than
50.
(ix) The workman will not get compensation for the
days other than first 45 days of lay-off, provided there is
a contract between the employer and the workmen to
that effect.
Q. What do you understand by Retrenchment ? Discuss
the condition precedent to retrenchment and
procedure for retrenchment under Industrial Disputes
Act, 1947.
Ans. Retrenchment – According to Section 2 (oo),
Retrenchment means the termination by the employer
of the service of a workman for any reason
whatsoever, otherwise than as a punishment inflicted
by way of disciplinary action , but does not include----
(i) Termination by way of punishment inflicted pursuant
to disciplinary action,
(ii) Voluntary retirement of the workman,
(iii) Retirement of the workman on reaching the age of
superannuation,
(iii) if the contract of employment between the
employer and the workman contains a stipulation in
that behalf or
(iv)termination of the service of a workman on the
ground of continued ill health.
Conditions precedent to Retrenchment ---- A workman,
who has been employed in any industry and has
worked at least for complete one year in the
employer’s service, shall not be retrenched by the
employer unless and until,
(i) The workman has been given one month’s written
notice indicating the reasons of retrenchment and the
period of notice has expired,
(ii) The workman has been paid, in lieu of such notice,
wages for the period of the notice,
(iii) the workman has been paid at the time of
retrenchment, Compensation which is equivalent to 15
days average pay for every completed year of
continuous service or any part thereof, in excess of six
months,
(iii) Notice in the prescribed manner is served on the
appropriate Government or such authority as it may
specify by Gazette notification.
Procedure for retrenchment ---- Section 25 (A) contains
prescribed the procedure for re-employment of
retrenched workman provided he is bodily sound,
willing and ready to accept the job, at the preliminary
level of wages and the re-employment is not for only
fewer days.
Q. Explain the “Unfair Labour Practice” and discuss the
law relating to the unfair labour practice as provided in
the Industrial Disputes Act, 1947.
Ans. According to Section 2(ra), Unfair Labour Practice
means any of the practice’s specified in the fifth
schedule. The provisions about such practices are
contained in Sections 25 and 25 U newly inserted by
the Amendment Act, 1982 and they provide for a
restriction on unfair labour practice. Such unfair labour
practices are 16 in number. The Schedule has two
parts--- one part deals with the unfair labour practices
by the Trade Union. Section 25 provides that no
employer or workman or a Trade Union, whether
registered under the Trade Unions Act, 1926, or not,
shall commit any unfair labour practice. According to
Section 25, if a person commits any unfair labour
practice, he shall be punishable with imprisonment for
a term which may extend to six months or with fine
which may extend to Rs. 1000 or both.
Trade Union-Synopsis
Q.’Trade Union ?’ Who are disqualified to be the
member and office-bearer of the registered Trade
Union ? Can an outsider be an office-bearer of a
registered Trade Union ? If so, in what proportion ?
Ans. Trade Union – Trade Union means any
organization, formed temporarily or permanently, for
regulating the relations mainly between, employer and
the workmen, or between the workmen and workmen,
or between the employer and the employer, imposing
terms and conditions on conduct of any profession or
handicraft, and it also includes the federation of two or
more than two unions.
Disqualification for Authorities of Trade Union -----
Following persons cannot be elected as the office-
bearer or member of the executive of the Trade Union
-----
(1) If he has not completed the age of 18 years. Office
bearer must be major according to the law which he is
subject.
(2) If he has been punished with imprisonment for any
offence related to moral turpitude and 5 years have
not passed from the date of such punishment.
Can an Outsider be an office-bearer -----
The Act does not prohibit any outsider from being
elected or nominated as office-bearer of the Trade
Union. The number of outsider, shall in no case exceed
more than 50% of the total membership. At least ½ of
the officer-bearer shall be elected or nominated from
amongst the members who are re-employed in that
industry.
Q. “In a welfare State, Social interests have top
priority.” Comment.
Ans. The aim and object of the Trade Unions Act, 1926,
was to interpret the registration of the Trade Unions and
formulate a law relating to the Trade Union registered
in the provinces of India.
“Every Trade Union registered is a body corporate in its
own name, and it will have consistent perpetual
common sea., and succession and right to possess and
acquire movable and immovable property, right to
enter into contract, it can sue and be sued in its
name.”
The Act provides three privilege to the Trade Unions----
(1) Any office bearer or the member of the Trade Union
shall not be held responsible for criminal conspiracy for
any act done for the Union.
(2) It has been provided some defence under civil law.
(3) It shall not be held responsible for any agreement in
restraint of trade.
Union may create a work culture by enforcing the
agreement entered into by the parties and not putting
any hindrance in the production. A trend of
degradation of union is seen since independence.
Q. Requirements and procedure for registration of a
Trade Union under the Trade Union under the Trade
Unions Act. Duties of Registrar while considering the
application for Registration of a Trade Union. What is
the remedy if registration to a union is refused ? Can
registration be cancelled ?
Ans. Requirements for registration – According to
Section 4 any Trade Union which consists of seven or
more members, may present an application for
registration before the Registrar. The application, shall
be presented along with a copy of the rules of the
Trade Union and a statement containing following
particulars----
(1) The names of the members of the applicant,
occupations and their addresses,
(2) The name of the Trade Union and the name and
address of its principal office, and
(3) The titles of the office-bearers of the Union, their
names, age, addresses and occupation.
Where the Trade Union has been in existence for the
preceding one year, it has to give particulars of its
capital, liability, in such way as may be specified in this
behalf. Application should be signed at least by seven
persons.
Procedure for registration – According to the provisions
of Section 8, the Registrar on being satisfied that all the
necessary formalities have been fulfilled for registration
under the Act, will register the name of the Trade
Union, and write down the particulars relating to the
Trade Union, when the Registrar finds any defect in the
application, he may call for further explanation. If
those conditions and formalities are not fulfilled by the
applicant, then the Registrar is not bound to register
the name of the Union.
Cancellation of Registration ---- The Registrar is
empowered under Section 10 to cancel the
registration of any Trade Union in the following
circumstances----
(1) When an application has been presented for the
cancellation of its registration or recognition.
(2) When the registration has been obtained
fraudulently or by any other wrongful means or
mistake.
(3) The Trade Union has ceased to exist.
(4) The Trade Union has violated any of the provisions
of the Act.
(5) When the primary or statutory aims of the Trade
Union has extinguished or it has become impossible to
obtain them.
(6) The Trade Union has failed to amend its rule being
advised and asked to do so by the Registrar.
Registration may be cancelled in two ways----
1. On initiative of the Registrar.
2. On application of the union itself.
When registrar comes to know that union has failed in
achieving its goal or is doing illegal acts, he may
cancel the registration of such union but he has to give
two months prior notice in writing making it clear in the
notice itself the ground on which the cancellation is
proposed.
Q.Rights and liabilities of a registered Trade Union.
Ans. A registered Trade Union has the following rights---
(1) A registered Trade Union is a body corporate. It has
its full rights.
(2) It has a right as perpetual succession and common
seal.
(3) It can buy and sell movable and immovable
property in its own name.
(4) It can enter into contract in its own name.
(5) It can bring a suit in its own name and can be sued
in that name.
(6) It has right to negotiate and correspond on various
matters and issues which may lead to dispute.
(7) It has right to punish its own members.
(8) Such a union has right to have its own notice board
and realize the membership fees from its members from
the premises and departments of the establishment.
(9) It can change its own name and has also the right
to transfer its own office from one place to another.
(10)It has right of amalgamation with other union.
(11)It can form a federation also.
Liabilities of a Registered Trade Union---- The Trade
Unions Act imposes following liabilities on the unions
registered under this Act----
1. Duty to Make Provisions in the Rules of Certain
Matters – Some of which are the rules declaring the
objects for which the Trade Union has been
established, the purposes on which general funds of
the Trade Union may be spent, admission of members
to the Trade Union, the manner in which the Trade
Union may be dissolved etc.
2. Duty to Constitute Executive as Required – The
provisions relating to the constitution of executive of
the Trade Union are contained U/Sc. 21-A and 22 of
the Act. There are two duties imposed by the provisions
of the Act as conditions precedent to the process of
registration. Unless these duties are complied with, the
Registrar is empowered to refuse to register the
proposed Trade Union.
3. Duty to Spend General Funds as Required – The
Trade Union is under statutory duty to spend general
funds of the Trade Union in accordance with Section 15
of the Act which enumerates certain specified objects
on which only the general funds can be spent and not
otherwise.
4. Duty to Constitute a Separate Political Fund – The
Trade Union, if decides to promote civil and political
interests of its members, has to constitute a separate
fund commonly known as political fund in accordance
with Section 16 and it may be spent on the objects
specified therein.
5. Duty to Provide Access to Books of Trade Union – The
account books and list of members shall be kept open
by a Registered Trade Union for inspection by an
office-bearer or member of the Trade Union at such
times as may be provided for in the rules of the Trade
Union.
6. Duty to Send Notice to the Registrar - The Trade
Union is under duty to send notice to Registrar in cases
of every change of its name, every amalgamation,
any change in the address of the head office of Trade
Union and dissolution thereof.
7. Duty to Send Notice to the Registrar – There shall be
sent annually to the Registrar, on or before such date
as may be prescribed, a general statement audited in
the prescribed manner, of all receipts and expenditure
of every Registered Trade Union during the year ending
on the 31st day of December, next preceding such
prescribed date, and of the assets and liabilities of the
Trade Union existing on such 31st day of December.
Q. What are the objects on which the general funds of
a Trade Union may be spent ?
Ans. Objects on which the general funds may be spent
– According to the provisions of Section 15 of the Act,
any registered Trade Union may spend the general
fund on the fulfillment of the following object----
(i) Payment for salary, allowances and expenses for its
members.
(ii) Payment for the expenses relating to the
administration of the Trade Union, including the
expenses of the audit of the general fund of the union.
(iii) For the conduct of any legal action or prosecution
by or against any of its members.
(iv) Defence of its office-bearer or member in the
industrial dispute by the Trade Union or its member.
(v) Compensation to the member due to the loss
caused by industrial dispute.
(vi) Allowance to the members of the union or their
family, in case of their death, old age, disease,
accident or unemployment. Fund cannot be utilized in
speculative matters.
(vii) To defray the liabilities of the insurance policy of its
members, or accept the liabilities on death, accident,
unemployment, or ill-health of the members related to
the life insurance policy.
(viii) Payment for the educational , social or religious
profits of its members or their dependants and funeral
expenses or expenses relating to religious rites.
(ix) Papers published mainly for the analysis of the
questions which may influence the employer and the
workmen.
(x) Payment for the contribution for the extension of the
aims of the items on which general fund may be spent.
(xi) Payment for any other object under any condition
mentioned in the notification; which has been
published by the appropriate government in the
Official Gazette.
Q. Discuss the items upon which the political fund may
be spent ?
Or
How the political fund may be collected ? How can it
be used ?
Ans. Constitution of a separate fund for political
purposes ---- Section 16 of the Act provides the
Registered Trade Union can constitute a separate fund
by contribution and realization of separate fees and
contributions. The interest realized on the political fund
and shall form part of the political fund and gifts,
subscriptions etc. can be accepted for this fund.
The political fund may be utilized for the following
objects or purposes-----
(i) The payment of any expenses incurred either
directly or indirectly, by a candidate or a prospective
candidate for election as a member of any legislative
body constituted under the constitution or local
authority, before or during the election.
(ii) The holding of any meeting or the distribution of any
literature or documents in support of any such
candidate or prospective candidate.
(iii) The maintenance of any person who is the member
of any legislature or any local authority.
(iv) The registration of electors or the selection of a
candidate for any legislative body constituted under
the constitution or local authority or
(v) The holding of political meetings of any kind or the
distribution of political literature or political documents
of any kind.
Q. Discuss the grounds on which registration of a Trade
Union can be withdrawn or cancelled by the Registrar
of Trade Union.
Ans. Grounds on which Registration of a Trade Union
can be withdrawn or cancelled – According to Section
10, a certificate of registration of a Trade Union may be
withdrawn or cancelled by the Registrar in one of the
following two ways----
1. On the application of Trade Union --- When an
application for the cancellation of the registration of
any particular Trade Union is given, the Registrar on
receiving such application shall, before granting the
application, satisfy himself that the withdrawal or
cancellation of registration was approved by a general
meeting of the members of the Trade Union.
Cancellation of the registration of a Trade Union is
effected by the Registrar only and resolution passed by
the majority of the members of the Trade Union. In the
event of cancellation or withdrawal of registration on
the application of Trade Union two months prior notice
by the Registrar to the Trade Union concerned is not
necessary.
2. At the will of the Registrar --- If the Registrar does not
remain satisfied in positive direction , he may cancel
the certificate of registration on any one of the
following grounds---
i) That the certificate has been obtained by fraud or
mistake.
ii) That the Trade Union has ceased to exist.
iii) That the Trade Union has willfully and after notice
from the Registrar contravened any provision of the
Trade Unions Act.
iv) That the Trade Union has allowed any rule to
continue in force which is inconsistent with any such
provision contained in the Trade Unions Act.
v) That the Trade Union concerned has rescinded any
rule providing for any matter, provision for which is
required by Section 6 such as manner of appointment
and removal of the executive and other office-bearers
of the Trade Union, the manner of dissolution of the
Trade Union etc.
Q. Who is a protected workman? How many of them
are permissible in an Industrial establishment and how
are they chosen? What protection does the Act
provide for “protected workmen”, in the case of
prejudicial alteration of conditions of their service or
punishment during the pendency of a proceeding
under the Act?
Ans. Section 33(3) of Industrial Disputes Act, 1947
defines and says that protected workmen means----
(i) A workman who is the member of the executive or
other office bearer of a registered trade union
connected with the establishment and
(ii) Who is also recognised as “protected workman”
under the rules applicable to the establishment.
According to Section 33(4), in every establishment the
number of recognised protected workmen shall be
one percent of the total number of workmen
employed therein. There shall be minimum 5 and
maximum 100 protected workmen. The appropriate
Government may make rules for choosing and
recognizing them.
No employer shall, during the pendency of any
conciliation proceeding before a Conciliation Officer
or a Board or of any proceeding before a Labour
Court, Tribunal or National Tribunal in respect of any
industrial dispute, take any action against any
protected workman concerned in such dispute—
(a) By altering, to the prejudice of such protected
workman, the conditions of service applicable to him
immediately before the commencement of such
proceedings,
(b) By discharging or punishing whether by dismissal or
otherwise, such protected workman, save with the
express permission in writing of such authority before
which the proceeding is pending.
Only the protected workmen are entitled to take the
benefit of this provision and not others. But this
protection may be availed of only when any Disputes is
pending for conciliation or adjudication. The protected
workman should prove that action taken by the
employer is to the prejudice of him. This remedy will be
available only when a dispute is pending for settlement
or adjudication before the authority and there is
contravention of Section 33. This section gives
protection to the workman against victimization by the
employer. If victimization is proved, the labour court/
tribunal can set aside the order of punishment.
Q.Powers of the appropriate Government regarding
the transfer of proceedings under the Industrial
Disputes Act, 1947?
Ans. Section 33-B of Industrial Disputes Act, 1947 says
that the appropriate Government may, by an order in
writing and for reasons to be stated therein, withdraw
any proceedings under this act pending before a
Labour Court, Tribunal or National Tribunal as the case
may be, for the disposal of the proceedings and the
Labour Court, Tribunal or National Tribunal to which the
proceeding is transferred may subject to special
directions of the order of transfer, proceed either de
novo or from the stage at which it was transferred. It is
up to the transferee authority to decide from where to
 start with. There will be no direction from the side of the
appropriate Government in this respect. The transfer of
proceeding should be made on appropriate solid
grounds and not arbitrarily.
Any Tribunal or National Tribunal subject to the other
provisions, if so authorised by the appropriate
Government may transfer any proceeding U/S 33 or
Section 33-A pending before it to any one of the
Labour Courts specified for the disposal of such
proceedings by the appropriate Government by
notification in the Official Gazette and the Labour
Court to which the proceeding is so transferred shall
dispose off the same.
If the appropriate government does not record the
reasons and give opportunity to the parties to the
dispute , to represent their stand, the decision shall be
fatal to the transfer and will vitiate it.

Q. What is the difference between contract labour and outsourcing? Which

is better option and why?

Ans. Neither the term “Contract Labour” nor the term “outsourcing” has been
defined under Contract Labour Act.The intention of ultimate net result of
both the terms appears to be same. Term “outsourcing” has been coined
very intelligently to create confusion between the two. “Contract Labour” is a
term which is applied to man power engaged by somebody else to produce
a given result to principal employer where this man power has no direct
relationship of employer-employee with the principal employer. This includes
the simple supply of manpower to principal employer by contractor where
contractor is not involved in specified activity. “Outsourcing” conveys more
or less same meaning. When an employer engages somebody else to deliver
a specified result where employer is not involved with the man power
engagement or supervision or control activity over such man power. If any
activity which is outsourced to someone and carried outside the premises of
the principal employer, such manpower engaged will not be termed as
“workman” under Contract Labour Act. It is not the nomenclature of the term
but the real intent to decide when it is a Contract Labour or outsourcing. It
can also be said like contract labour reflect manpower where as outsourcing
reflects the job or the activity. Bombay High Court in the case of Sudhir
Kondiram Jadhav (2002 I CLR 97) has held that workers employed by
agencies will be the Contract Labour under the Act.

Q. Is Contract Labour Act applicable when jobs and services are

outsourced?

Ans. When the jobs and services are outsourced and are carried out in some
other premises not being premises under controlled and management of the
principal employer, Contract Labour Act will not apply. For all other jobs and
services outsourced which are carried out in the premises of the principal
employer will be covered under the Contract Labour Act.

Q. What are the non-perennial and non-permanent jobs which can be

assigned to contract labour?

Ans. Neither the “perennial” nor the “permanent” term has defined under
the Act. The word Important Clarifications On Contract Labour “perennial”
has been used under sec. 10(2)(b) where it is said that if the job exists for
sufficient duration will be considered as of “perennial” nature. The act no
where prohibits engagement of contract labour on any job or activity or
service unless it is prohibited by the Appropriate Govt. under the provisions of
the Act. Andhra Pradesh State Govt. has amended the CL Act in 2003 and
clarified the jobs / activities on which contract labour can be deployed but
no other state has moved in this direction to bring clarity on this point. At
present contract labour can be engaged on any permanent nature of job in
strict legal sense but yes, it should be avoided as this may become a basis for
the state Govt. to prohibit employment of contract labour on that particular
job / activity / service in the industry.

Q. Can we have permanent employees and contract labour working side by

side on the same job?
Ans. Yes! As explained above unless it is prohibited by the Govt.

Q. What is the best ratio between permanent and contact labour? Can we
engage 100% contract labour?

Ans. There is no guide line provided under the Act about this ratio. The
concept of engagement of contract labour or giving job on contract basis
originated to get the things done in a given time frame to be paid on the
basis of net result and not on the number of manpower involved and this can
always be applied to those areas of the industry where activities are such
that they do not require full time workers for the major portion of the working
hours or any sudden increase of volume of work which needs to be
accomplished in a specified time. So 100% contract labour can’t be
engaged unless the whole industry is leased out to someone else, who
ultimately becomes the principal employer for the manpower engaged by
him. In my view ideal ratio of contract labour, to keep the healthy industrial
relations should be around 70/30 (70% to be engaged by principal employer
and 30% through contract labour).

Q. Can we have different wages and other terms for permanent employees
and contract labour doing the same or similar job?

Ans. Though, rules framed under Contract Labour Act by Central Govt. as
well as State Govts. carry a condition [central rule 25 (2) (v)(a) & (b)] that
where the workmen employed by the contractor perform the same or similar
kind of work as the workmen directly employed by the principal employer of
the establishment, the wage rates, holidays, hours of work and other
conditions of service of the workmen of the contractor shall be the same as
applicable to the workmen directly employed by principal employer of this
establishment on the same or similar kind of work but if, there is an
disagreement with regard to the type of work, shall be decided by the
concerned labour commissioner. But recently Supreme Court in the case of
U.P. Rajya Vidyut Utpadan Board case (2010 LLR 453) has clarified that nature
of work, duties and responsibilities, attached to the job of permanent
workmen and contract labour are relevant in comparing and evaluating as
to whether the workmen employed through contractor perform the same or
similar kind of work as the workmen directly employed by the principal
employer. Degree of skills and various dimensions of a giving job have to be
gone into to reach a conclusion that nature of duties of the workmen in two
categories are on par or otherwise. Often the difference may of a degree. It
is well settled that nature of work can’t be judged by mere volume of work;
there may be qualitative difference as regards reliability and responsibility.
However, Madhya Pradesh High Court in the case of Steel Authority of India
Ltd. case ( 2007 LLR 79) has held that the workers through contractor under
CL Act will be entitled to equal wages which were being paid to regular
employees.
Q. Can we transfer casuals/temporaries on the rolls of contractor?

Ans. As principal employer one should not do it. Transfer from the rolls of
principal employer the rolls of contractor establishes that contract is sham
and camouflage and the real control and supervision is of principal
employer. Even if one wants to do this, better way would be to first clear full
and final accounts, severe the relationship of principal employer and casual
/temporary workmen by proper documentation. Then contractor can
engage / employ such casual / temporary workmen on his rolls. In this whole
process documentation is the key to establish whether the arrangements are
genuine or fake.
Q. Liability of principal employer for injury, illness, disability, death etc. Ans.
Principal Employer is fully responsible in case of injury, illness, disability or
death unless the contract labour is covered under ESI with his contractor
employer.

Q. Can and should the employer has a say in the number and selection of
contract labour?

Ans. No! Once the job / services / activities are allocated to a contractor
under proper agreement, principal employer should not have a say in
number and selection of contract workmen, at least on documents. If the
principal employer is selecting the contract labour, appointing them under
the name of contractor, it is sufficient to establish the relationship employer-
employee between the principal employer and the so called contract
labour.

Q. Who is to take disciplinary action against contract labor? Under what

rules? Are standing orders applicable to contract labour?

Ans. Contractor as employer in relation to contract workman should take

disciplinary action against such errant workman under the service rules of his
organization / terms of employment. Standing Orders are not applicable to
contract labour as the definition of the workman under Industrial Employment
Standing Order Act does not cover contract labour unless your Standing
Orders cover this category.

Q. Is it necessary and desirable to issue employment card/gate pass/identity

card to contract labour? If so under whose authority/signature? Safeguards?

Ans. Yes! It is very much desirable. Issue of employment card / identity card is
an obligation under the provisions of contract labour act and rules.
Employment card / Gate pass / indentity card should be issued by and under
the seal of contractor because he is their employer. Management of
principal employer should not involve themselves in this activity.

Q. Each contractor engaging less than 20 but together they engage more
than 20. Will the provisions of registration, licensing and other statutory
provisions apply?

Ans. In this situation, principal employer will be under legal obligation to

obtain registration under the contractor labour act but individual contractors
having less than 20 workmen will not be required to obtain license under the
act as the same does not apply to them. However, there is a catch. If a
contractor employs 20 persons on any day during the preceding 12 months,
act will apply.

Q. Statutory requirements and precautions in awarding contract for

safeguarding managements interests.
Ans. Principal Employer should execute well drafted agreement and other
documents to establish the relationship of principal employer and contractor.
Principal employer should not establish the supervision and control over the
contract labour for carrying out any activity. It is advisable to have the expert
services for this whole process. Because any minute lacunae in drafting of
various documents may land principal employer and the organization in
trouble in case of dispute. I strongly discourage the growing habit of copy
paste exercise normally concerned managers do while engaging contractor
for their organization in terms of various documents. This should not be done
because each organization has its own specifications, limitations, nature of
work and requirements etc.

Q. License not renewed but contractor continues to work – legal implications

including permanency?

Ans. Even if the license of the contractor is not renewed but continues to
work, contractor labour can’t claim permanency with the principal employer
merely on this ground. However contractor can be prosecuted for the
violation of the provisions of the act for not getting his license renewed.
Karnataka High Court in the case of Steel Authority of India Ltd. (1990) 64 FLR
573 has held that licensing is only a regulatory measure and it does not
create any privilege. Bombay High Court in the case of General Labour Union
(Red Flag) has held that the employees engaged by a contractor to run a
canteen for a company does not become employees of the company if the
contractor fails to register the contract with the appropriate authorities.
Supreme Court in the case of Deena Nath (1992 LLR 46) has held that
consequence on non compliance with the provisions related to registration
and license is penal. Punjab & Haryana High Court in the case of Food
Corporation of India (2008 LLR 391) has held that when the contractor does
not possess valid license only penal provisions would be attracted and it is no
where provided that such contract labour would become the employees of
principal employer.

Q. Contractor changing but contract labour not changing – implications,

precautions required?

Ans. The situation where contractor in changing but contract labour remain
same may be viewed against the principal employer as it reflects against the
spirit of the act unless the shift of labour from one contractor to other is
properly documented. This may lead to declaration of sham contract.
Supreme Court in R.K. Panda case (1994 LLR 634) has held that workers
working under different contractor for last 10 years will be absorbed by the
principal employer.
Q. Contract terminated due to unsatisfactory performance of the contractor,
contractor leaves – can contract labour claim permanency? What should
employer do?

Ans. No! In this situation contract labour can’t claim permanency in the
organization. The moment, contract is terminated, the workers employed by
such contractor looses the right to enter into the premises of the principal
employer to work as it is the responsibility of the contractor to either keep
such labour under his employment or clear their accounts. If principal
employer allows such contract labour to work in the premises without any tag
/ identification, in all probabilities such contract labour will be deemed as the
workmen of the principal employer.

Q. Contract labor terminated through a settlement. Should principal

employer be a party?

Ans. No! Principal employer should not become a party to such a settlement
executed between the contractor and his workman. It is a mutual matter
between the contractor as employer and his workman.

Q. When contractor runs away leaving his workforce and supervisor, how to
manage work and labor and who is to handle pending conciliation
reference?

Ans. It is for the contractor to discharge his responsibility as employer towards

his workmen. If he runs away leaving his workforce, in no way principal
employer is responsible for taking care of them in strict legal sense except
payment of wages, if not paid by the contractor. Principal employer should
not involve himself in the conciliation reference.
Q. What to do if the contractor refuses to pay the labour?

Ans. Principal Employer is responsible and under legal obligation to pay

wages to the workmen employed by contractor in the premises in case
contractor refuses to pay [sec. 21 (4)] of the Act. Kerala High Court in the
case of Cominco Benani Zinc Ltd. case (1989 LLR 123) has also held that if the
contractor fails to pay wages to his employees engaged by him, principal
employer will be liable to pay the same.

Q. Action required to be taken by the management after abolition of

contract labour?

Ans. Principal Employer is prohibited to engage contract labour on such job /

activity / service which is abolished by the Appropriate Govt. In such situation
principal employer should not engage contract labour for such job / activity
/ service. If he does so, such contract labour would be deemed as the
employees of the principal employer.
 Q. Can management challenge the decision of Appropriate Govt.
regarding abolition of jobs?

Ans. Yes! Management can challenge the decision of the Appropriate Govt.
regarding abolition of jobs in High Court through writ.

Q. Should contractor and contract labour be rotated? Why? How often? Ans.
Rotating contract labour and contractor for the same job / activity / service
may be held as unfair labour practice unless there are sound reasons and
proper documentation exists in favour of principal employer as bonafide
action.
Q. How to reduce number of contract labour?

Ans. First, by identifying the jobs / activities / service which are regular and
perennial in nature and organization requires constant labour. Secondly
replace such contract labour by regular workmen by the company. Q.
Contract labour demanding permanency – How to handle?
Ans. Ensure that your engagement of contract labour system in the
organization is genuine. All documentation including appointment,
supervision and control should be sufficient to establish that contract is not
sham. I suggest to seek expert advice and avail such services as this is very
sensitive issue.

Q. Contract labour demanding similar benefits as permanent employees. Is

the claim legally valid?

Ans. Yes! Their claim may be legally valid as it is already provided in the Act
that contract labour is entitled for equal wage, benefits and facilities doing
the same or similar kind of work as employees of principal employer.
Q. Is Minimum Wages Act applicable to contract labour?

Ans. Yes! Rules framed under Contract Labour Act by Central Govt. as well
as State Govts. carry a condition [central rule 25 (2) (iv)] that rates of wages
payable to the workman by the contractor shall not be less than the rates
prescribed under the Minimum Wages Act for such employment where
applicable and where the rates have been fixed by agreement, settlement
or award not less than the rates so fixed. Moreover all State Govts. have
included the category of Contract Labour under their respective MW
notifications.
Q. What is the liability of Principal Employer in the case of sub-contracting?

Ans. Same - as in the case of contractor. Because, as per the provisions of the
Act sub contractor is covered in the definition of the contractor.
Q. Implications and liabilities of temporary/casual/probationer
employees/trainees? Is there any maximum duration? Relevance of 180/240
days? Implication of breaks?

Ans. Contract Labour Act does not provide any where the status of workman
as temporary / casual / probationer / trainee. It is for the contractor to
employ his workman in his organization as he wants. It is no where going to
affect the principal employer.

29. What changes are likely to be made in the contract labour Act as a part
of Labour Law reforms?

Ans. Industrial Disputes Act has already being amended recently with
reference to definition to workman, introduction of grievance redressal
committee, right of workman to approach labour court directly in case of
individual dispute etc. Govt. is also considering amending Contract Labour
Act which is in terms of providing clear cut equal benefits and wages to
contract labour with regular workman but such considerations are at very
preliminary stage and no one knows whether it takes shape or not

Q. Do a hand driven lifting equipment need certification from competent

person under article 29 of Factories Act?

A. Section 29 of the Factories Act deals with lifting machines and lifting
tackles which are defined under explanation. In our opinion hand driven
lifting equipment does not require certification.

Q. Definition of “worker” under Factories Act 1948 & Maharashtra Factories

Rules? Whether officers/executives are to be considered for calculation of
the employment strength with regard to recruitment of Welfare Officer under
the Act?

A. Under the Factories Act, definition of “worker” is clearly given. For the
purpose of calculation of employment strength, officers and executives etc.
have to be taken into account.

Q. Which type of establishments are covered under the Factories Act?

A. The term “factory” is defined in Section 2(m) of the Factories Act, 1948. It
means that in any premises if 10 or more workers are engaged in a
manufacturing process with aid of power or if 20 or more workers are
engaged in the manufacturing process without aid of power such premises
will be covered under the Factories, 1948

Q. Whether a child is allowed to work in a factory?

A. The child below 14 years of age is not allowed to work in any factory.

Q. Whether a woman is allowed to work in a factory?

A.The women are allowed to work in any factory except between the hours
of 7 pm to 6 am i.e. women are not allowed to work during night time.
However, there are certain operations/processes, which are considered
hazardous. In such operations/processes women are not allowed to work.

Q. What are the weekly hours of work in a factory?

A. No adult is allowed to work in a factory for more than 48 hours in any

week.

Q. What are the daily hours of work?

A. No adult worker is allowed to work in a factory for more than 9 hours in any
day.

Q. Which authority enforces the Factories Act 1948?

A. The Factories Act and the rules framed thereunder are enforced by
respective states/UTs. through the office of Chief Inspector of Factories under
the Labour Department of the State Government/UTs.

Q. Whether a place wherein a manufacturing process are carried out with or

without the aid of power employing less than 10 or 20 workers respectively
can be covered under the Factories Act?

A. The State Government is empowered to declare that al or any of the

provisions of the Act shall apply to any place wherein manufacturing process
carried out irrespective of number of workers employed therein.

Q. Whether a workshop of a teaching institute employing more than 10

workers will be in a factory?

A. The State Government may exempt with certain conditions, in workshops

whether manufacturing processes are carried out for purposes of education,
training, research or reformation from all or any of the provisions of this Act.
 Q. Whether the approval, licensing and registration of a factory are
compulsory?

A. Yes, It is compulsory. The approval, license and registration of a factory is

compulsory before starting the manufacturing process. The occupier of the
factory should submit the plan to the Chief Inspector of the State for
approval. After the approval, the licensee will be granted by the CIF and the
factory will be registered.

Q. What are the various provisions to be abided by the occupier of the

factory?

A. There are many provisions, which are to be strictly followed by the

occupier. The details are available in a publication known as the Factories
Act, 1948. There are 120 sections divided into 11 chapters, which can be
referred for detailed.

Key Amendments of the Act

The Maternity Benefit (Amendment) Act 2016, passed by the Rajya Sabha in
August 2016, has also been passed by the Lok Sabha in March 2017.
The MB Amendment Act regulates paid maternity leave entitlement and
other related benefits for women employed in factories, mines and shops or
commercial establishments employing 10 or more employees. The summary
of amendments is as follows:
Increased Paid Maternity Leave
 The MB Amendment Act has increased the duration of paid maternity leave
available for women employees from the existing 12 weeks to 26 weeks.
 Under the MB Amendment Act, this benefit could be availed by women for
a period extending up to 8 weeks before the expected delivery date and
remaining 18 weeks can be availed post childbirth.
 For women who are expecting after having 2 children, the duration of paid
maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post
expected date of delivery).
 The Act also provides for adoption leave of 12 weeks for a woman who
adopts a child under the age of three months. A commissioning mother in
case of surrogacy is also entitled to a 12-week leave from the date the child
is handed over to her.
 A commissioning mother is defined as “biological mother who uses her egg
to create an embryo implanted in any other woman” (the woman who
gives birth to the child is called host or surrogate mother).
 Work from Home option
 The Amendment Act has also introduced an enabling provision relating to
“work from home” for women, which may be exercised after the expiry of
the 26 weeks’ leave period.
 Depending upon the nature of work, women employees may be able to
avail this benefit on terms that are mutually agreed with the employer.
Crèche facility
 The Amendment Act makes crèche facility mandatory for every
establishment employing 50 or more employees. Women employees would
be permitted to visit the crèche 4 times during the day.
Free Medical Care
 A pregnant women worker is entitled to a maternity benefit (in the form of
medical bonus) of one thousand rupees if no prenatal confinement and
post-natal care is provided by the employer free of charge. It can be
increased to a maximum limit of twenty thousand rupees.
 The Central Government is authorized to increase the basic amount every
three years. In August 2008, the amount of medical bonus was 2500 Indian
rupees which has been later raised in 2011 to 3500 Indian rupees.
Income
 The maternity leave is awarded with full pay on completion of at least 80
days in an establishment in the 12 months prior to her expected date of
delivery. The maternity benefit is awarded at the rate of the average daily
wage for the period of a worker’s actual absence from work. Apart from 12
weeks of salary, a female worker is entitled to a medical bonus of 3,500
Indian rupees.
 The amendments would ensure that full maternal care is provided during
the full bloom period and will encourage more women to join the workforce
in organised sector.
Criticism
New law will benefit only a minuscule percentage of women employed in
the organised sector while ignoring a large demographic toiling in the
country’s unorganised sector such as contractual workers, farmers, casual
workers, self-employed women and housewives. In India most women are
waged workers or do contractual work and face hugely exploitative work
conditions. They are not even recognised under the ambit of labour laws.
Moreover, it makes no mention of paternity leave, putting the onus of the
newborn’s rearing on the mother. This is a blow to gender equality.
Pradhan Mantri Jeevan Jyoti Yojana (PMJJBY). Pradhan Mantri Suraksha Bima
Yojana (PMSBY). Atal Pension Yojana (APY). Atal Pension Yojana (APY)
Thank you