SAP ID – 53002190102

FYBMS

DIV - B

GENERAL DUTIES OF OCCUPIER

Occupier must ensure health, safety and welfare of all workmen in factory as much as possible

Must provide and maintain the safe plant and system of work so health is under no risk

Must make arrangements for use, handling, storage and transport of goods so no one is at risk
and safe

Should make available necessary information, instructions, training and supervision for safe
working for workmen

Keep all places in factory maintained so it remains risk free

Should arrange and maintain the working environment such that it is safe and without risk to
health and adequate facilities should be provided for welfare of workers

SAFETY MEASURES UNDER FACTORY ACT

There are few provisions under the factories act for the safety of workers. These are:-

a) Fencing of machinery-all risky machinery or machinery parts should be fenced properly

b) Safety gears /equipment - Safety gears should be provided in every workroom to cut off power
in case of emergency.

c) Work on or near machinery should be carried out by only trained and experienced workers.

d) Women and children near cotton openers-women and children must not be allowed to go near
cotton openers.

e) Casing of new machinery-some parts of the machinery must be specially cased / covered
under the act

f) Employment of young children on heavy machinery-young children should not be allowed to

operate on heavy machinery unless supervised and instructed.
g) Safety officers- a safety officer may be stated to the occupier if 1)1000 or more people are
employed 2) the place has heavy operating machines that might cause injury

h) Eye protection special glasses should be provided to workers working in excessive light

i) The pits must be properly covered and the worker should not be made to carry too much
weight.

j) Fire precautions-proper fire exits or windows must be provided for workers and they should be
instructed

POLITICAL FUND AND GENERAL FUND UNDER TRADE UNION ACT

The general fund of the trade union can be utilized for-

A) Administration expenses of the trade union including audit of accounts of the trade union.

B) The payment, salaries, allowances, expenses of office bearers of the trade union

C) Compensation for loss of member in case of industrial dispute.

D) The prosecution or defense of any party to whom the trade union is affiliated to.

E) Conduct of trade dispute on behalf of the trade union

F) Allowance of members in case of death, sickness, old age etc.

Trade unions are also affiliated with political parties for strength. Hence trade unions can also
raise a separate political fund under the act. They can use this political fund for:-

a) Holding of any meeting or the distribution of any documents in support of any candidate.

b) Maintenance of any person who is a legislative body constituted under the constitution.

c) The holding of any political meeting or distribution of documents etc.

d) Selection of a candidate for any legislative body under the constitution.

INDUSTRIAL AND INDIVIDUAL DISPUTE

Individual Dispute
As per se be an act, an individual dispute could not industrial dispute and according to the Act it
is evident that the applicability of the Act to an individual dispute as opposed to dispute
involving a group of workmen is excluded unless it acquires the general characteristics of an
industrial dispute and other matter than dismissal, discharge, retrenchment or termination then it
is necessary that it satisfies the test laid down in many judgments to be called as industrial
dispute as dispute is usually treated individual dispute, when it is not supported by any union or
majority of workmen are not a party to the dispute.

Industrial Dispute

The Act speaks about a dispute between an employer and workmen i.e. a dispute that is related
and does not declare all individual disputes to be industrial disputes. Workman who has been
dismissed, discharged, retrenched or terminated can be termed as an industrial dispute and this
whole action has wider application.

Only a collective dispute can be termed as an industrial dispute. Again a collective dispute does
not mean that the dispute should compulsorily be sponsored by a recognized union or that all or
majority of the workmen of an industry should be party to it.