LITERATURE REVIEW

Submitted To: Submitted By:

Mrs. Rekha Attri KAVYA SINGH
UDAY JAT
 De Jure and De Facto study of labour law in preview of industrial
establishment

Literature review:
For the research methodology my topic is De Jure and De Facto study of Labour
Law in preview of industrial establishment. The factory primarily apply to
establishment in which ten or more person are working where power is used or
twenty or more person where no power is used, thereby excluding from its operation
small establishment. Under the industrial law The Factory Act, 1948 comes in which
many different Sec come for the labour. The main object of The Factory Act is “an Act to
consolidate and amend the law regulating labour in factories.” Now if we look in there are
many Sec for

The Safety under Sec 21: Fencing of machinery under this sec it is told that every moving
part of prime mover should be fenced ,every dangerous part of any machine should be
fenced ,every part of the transmission machinery should be fenced .so that there should be
safety for every worker during there work. These are the few points which should be kept in
mind for the safety of the labour but in the industry in one of the oil mill which was having a
spur gear wheel. A workman of the mill while greasing the spur gear wheel which was in the
motion had one of his hand caught in it. That hand had to be amputated. as there was in the
rule that there should be a safeguard for every moving object but there was no safeguard so
here we saw that the worker and the manager was not knowing about the law of safety for
the labours.(Patel Jethala Ghelabhai).

Under sec 23: No young person should be allowed to work at any machine to which this
section applies ,unless he has been fully instructed .the young person should received
sufficient training and knowledge of the machine.

Under sec 38: In every factory, all practicable measures shall be taken to prevent outbreak
of fire and its spread, both internally and externally . Under this section industry should take
care like the safe means of escape for all persons in the event of fire and there should be the
necessary equipment and facilities for the extinguishing fire.

Under sec 46: for the canteen for the labours the Sate Government may make rules
requiring that in any specified factory where in more then 200 and 50 workers are ordinarily
employed ,a canteen it is should be maintained by the occupier for the use of the workers.
Under sec 47: in every factory where more then 100 and 50 workers are ordinarily
employed ,adequate and suitable shelter or rest rooms and suitable lunch room ,with
provision for drinking water.

Under sec 52: for the weekly holidays under this section no adult worker shall be required or
allowed to work in a factory on the first day of the week .unless

a) The manager of the factory has, before the said day or the substituted day under
clause (a) which ever is earlier –
1) Deliver a notice at the office of the inspector of his intention to require the worker
to work on the said day which is to be substituted
2) Displayed a notice to that effect in the factory

But it was seen in one of the mill that one of the mill manager was seeking to start the”c”
shift from 8:30 pm on Sunday without specifically mentioning the names of those workmen
who had to work in that shift, he was not doing which was not in the purview of CLs (a) and
(b) of sub section (1) of S.52. It has been seen that the manger even do not Appling the laws
for their labour therefore the manger should have a complete knowledge about the laws and
should apply them. (Brown Keith)

Under 54: subject to the provisions of section 51, no adult worker shall be required or
allowed to work in a factory for more than 9hr in any day.

Under sec 59: under this section when a worker works in a factory for more than 9 hr in any
day or for 48 hr in any week he shall be entitled to wages at the rate of twice his ordinary
rate of wages. Under the extra wage it comes wages plus such allowances, including the
cash equivalent of the advantage accruing through the concessional sale to worker of food
grains and other articles.

Under sec 79: under this section every worker who has worked for a period of 240 days or
more in a factory during a calendar years shall be allowed during the subsequent calendar
year .

These are the few law which are made for the labour for the industry. On which we are going
to survey on this topic by preparing the questionnaire and make them fill with the managers
of the industries and the labours.
References
 Source: P.K. padhi(2007)” Labour and Industrial Laws”,The Factory Act 1948 ,Prentice Hall of
India Private Limited New Delhi ,pp 802-849