Equal Pay for Equal Work

The Industrial Disputes Act,1947 is one most important and beneficial

legislation as it involves with the rights and benefits of workman in India.
Section 2(s) of the Act defines workman. According to this section,

“workman” 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, that dispute, or whose dismissal, dischasrge or retrenchment has led to
that dispute, but does not include any such person–
(i) Who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act,
1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) Who is employed in the police service or as an officer or other employee
of a prison; or
(iii) Who is employed mainly in a managerial or administrative capacity; or
(iv) Who, being employed in a supervisory capacity, draws wages exceeding
one thousand six hundred rupees per mensem or exercises, either by the
nature of the duties attached to the office or by reason of the powers vested
in him, functions mainly of a managerial nature.”

The main aim of this act is to protect the rights and for the welfare of the
workers working in an Industry. The definition of ‘workman’ in the Act has
been left sufficiently open ended so as to allow a wide gamut of persons to
be covered by it, included workers employed through contractors, temporary
workers, etc. Judicial interpretation of the term ‘workman’ has been aimed
covering more and more categories of employees, as changing elements in
industries tend to create work of newer and different kinds. However, there
no straight jacket formula is available to determine who can be a workman,
a large number of judicial precedents exist whereby many types of
employment have been excluded from the definition of ‘workman’ under the
Act.

In examining the question of whether an employee is a ‘workman’, the

primary factor is a proper analysis of the nature of work performed by the
employee, the actual nature of his functions. A common error is to assume
that the designation of an employee is a determining factor as to his status
as a ‘workman’. This is, however, an incomplete view, as many a time
persons are designated as officers, but the nature of their functions are such
as are performed by a ‘workman’. In such cases, such an employee is
considered to be a workman only, regardless of his designation, and the
protections available under various labour laws thereby extend over such a
person.

Another important factor to be noted is that, on occasion, the duties actually

performed by an employee in a company might be different from the duties
assigned in his Letter of Appointment, service contract, etc. For example,
the duties listed in the Letter of Appointment may require an employee to
identify new market opportunities, correspond with existing and potential
clients, and make presentations to his superiors of his analysis of market
conditions. But in reality, he may only be collecting payments from
customers. This is just a simplified illustration to show that the actual duties
performed by an employee may differ from what he has been employed to
do. In such a case also, the courts will look at the actual duties performed
instead on what is on paper.

One of the important tests that the Courts have laid down while examining
the nature of work performed by an employee is to see if the work involves a
certain minimal degree of creativity and exercise of intellectual skill, and
taking an initiative in the absence of supervision or control. Simply put, if
the employee is required to think on his feet in performing his functions, is
required to make certain decisions independently as to his functioning, and
is not subject to supervision and control in respect of matters in which he
makes independent decisions, then such factors can lead to a conclusion that
he is not a workman. This should be differentiated from the ideas of ‘skilled’
and ‘technical’ work as laid down in the definition of ‘workman’ in the Act. A
driver of staff cars of a factory is a skilled worker.

To understand the concept in more detail I have conducted a survey in

Mazda Concrete Sleeper Plant at Berhampur. It was a factory mainly
involved in the production of sleeper as per the demand of Indian Railways
used in making of railway tracks. In the survey conducted I have basically
interacted with the laborers, their supervisor and contractors in form of a
questionnaire.

Questionnaire for the Contractor:

Q.1 As with the contract Company how many workers you are required to
provide in a day?

In his reply he stated that he has to provide minimum 200 workers on daily
basis to the company.

Q2. What is criteria for selection of labours?

There are no such criteria for selection of labour. As he has the contract to
only select for the daily wage workers or unskilled labourer.

Q.3. How many Male and female are selected for work?

The selection is on first come basis. However, comes first and depending on
the production of the day, labourers are selected.
Q.4. What is the daily wage of these labourers?

The wages of the labourers are the same fixed by the government for
production sector.

Q.5. What are basis of payment of wages?

The payment of wages depends on the work the labour is assigned to and
the work hour he dedicated. In case he works over time he will get an extra
remuneration as per prescribed by the government along with their daily
wage.

Questionnaire to the Supervisor:

Q.1. How many types of labours are working in this factory and what is the
basis of their appointment?

Basically there are three types of labours working in the industry which
includes Skilled, Semi- Skilled and unskilled labours. The skilled labours
includes the carpenters, masions etc. which are appointed on basis of tgeir
experience in the field. Secondly, Semi-skilled are appointed on contractual
basis but at first kept at a probation for 1 month and their appointment
depends totally on their work. Thirdly, for unskilled labours they have been
outsourced to a contractor who has to bring these labourers on daily basis.

Q.2. Does some work in the factory are gender specific i.e. whether some
work can only be done by male labours only?

There is no work. Having a basic knowledge of the work will help as any fault
will lead to a breakdown causing losses.

Q.3. What are working hours of the labourers?

The production never stops in the factory and is 24 X 7 and 365 days.
However, there are 3 shifts of 8 hours each and the shift of the labours
changes accordingly.

Q.4. is there difference in wages of Labourers and what is the basis of it?

Yes, there is difference in the wages of the labourers on the basis of Skilled,
Semi-skilled and unskilled labourers. The wages also differ on their working
hours also. If a labour is in night shift he gets more wage as compared to
the one in day shift plus their overtime wages.

Q.5. On what basis the wages are fixed?

As the production of sleeper is a tie up with the Indian Railways, we are

bound to wages as prescribed by the government i.e. Rs.365 and extra on
the basis of extra work time. If it is not done, the license and the contract
for production may be scrapped.

Q.6. How many holidays are given to these labourers?

There are no prescribed holidays for the unskilled labourers. It depends

whether they come to work or not. However, in case of skilled and semi-
skilled labourers, they are entitled to 15 days holidays yearly.

Questionnaire to the Unskilled Labourer (Sample Size -7):

Q.1. What time you need to join for the shift?

Basically one have to come before the shift starts, as the selection is on first
come basis and depends on the discretion of the contractor and the
supervisor.

Q.2. What are working conditions?

There are no such conditions. There are no toilets and health care conditions
like first aid etc. They do not have a regular doctor and ambulance in case of
emergency. There are no assembly areas or any basic amenities as provided
under the act for the factories.

Q.3. What facilities are provided for children?

Facilities to children are provided to skilled labourers who are permanently in

the factory. However, in case of contractual unskilled labourers who are
female laborers with small children they are given proper child care so that
they so nothing is hampering the production rate.

Q.4. For how many hours you have to work?

Basically the working hours as prescribed by the government is 8 hours but

they originally have to work for nearly 12 years.

Q.5. What is the basic wage you receive as remuneration?

We receive an amount of Rs.349 for a 12 hours shift and no extra

remuneration is given for extra time. However in case of the skilled
labourers or the labourers who permanently works with the factory receive a
remuneration of Rs. 450 daily.

Q.6. Does any special attention is given to the female labourers working in
the factory?

No, there is no special attention is given to these labourers. They are

deprived of separate toilets and are forced to open places. There is no place
given children in case mothers carry their infants to the place of work.

The answers with respect to the unskilled labourers is collective answer

given by these people and is in consolidated form.