II Semester 3 Year LL.B.

Examination , 2021
LABOUR LAW-I
MODEL ANSWERS
Max marks:80
Instructions: 1. Answer all five units
2. One essay type question and short note/problem is
compulsory from each unit

Q.NO.1.( a) Explain the immunities of registered trade union

Marks:10
Ans: Section 17 and 18 of the Trade Union Act 1926 states the
immunities/privileges for a registered Trade union.
SEC 17:- CRIMINAL CONSPIRACY IN TRADE DISPUTES.
Confers immunity from liability in cases of criminal liability in cases of criminal
conspiracy u/sec 120-B, of IPC committed by the office bearers of a registered
TU. The protection provided to members or office bearers of the reg TU. The
protection provided to members or office bearers or members of the registered
trade union is partial in the sense that the immunity is available only in respect
of agreements made b/w the members for the purpose of furthering any
legitimate object of the Trade Union as given under sec 15 of the Act.
If an agreement is an agreement to do an act which is an offence no immunity
can be claimed. The effect of sec 17 is that, an agreement or combination of two
or more members of the registered trade union to do or cause to be done any act
in furtherance of the trade dispute shall not be punishable as a conspiracy unless
such an act if committed by the individual constitutes an offence . Registered
trade unions have certain rights to do in furtherance of their trade disputes, such
as to declare strikes & for that purpose to pursue their members to abstain from
their work.
In West Indies Steel Company Ltd V/S Azeez, in this case a trade union
leader obstructed work in the factory for five hours protesting against
deputation of workmen to work in another section. It was held that a worker
inside the factory is bound to obey the reasonable instructions given by his
superiors & carry out the duties assigned by him. The mere fact that such worker
is the leader of the trade union does not confer on him any immunity in this
regard.
Immunity from civil suits in certain is provided to the workmen, sec 18 of the
act deals with the immunity from the civil proceedings to the trade union or any
office bearer or members thereof in respect of any act done in contemplation or
furtherance of trade dispute to which a member of the trade union is a party on
the ground only that such act includes some other persons to break the contract
of employment, or that it is an interference with the trade, business or
employment of some other person or with the right of some other person to
dispose of his capital or his labour.
Trade union shall not be liable in any suit or other legal proceeding in any civil
court in respect of any tortuous act done in contemplation or furtherance of a
trade dispute by an agent of the trade union if it is proved that such person acted
without the knowledge of or contrary to express instruction given by the
executive of the trade union.
It was held in Ram Singh & others V/S M/s Ashok Iron Foundation &
others. The suit for perpetual injunction restraining the workmen from
indulging in unfair labour practices is deemed as one of the civil nature & hence
cognizable u/sec9 of CPC. therefore were the court has barred the workmen
from holding meeting dharna& interfering in the rights of the company such
restrain does not curtail the rights of the trade union activities of the workers .
This act cannot be construed as unjust & the workmen are at liberty to carry on
legitimate union actives peacefully.
In P.Mukundan& others V/S Mohan KanadyPavithram, in this case it was
stated that a strike per se would not be an actionable wrong. Further the office
bearers & the members of the registered trade union are immune against the
legal proceeding linked with strike of the workmen by the provision of sec 18 of
the act.

SECTION 18:- IMMUNITY FROM CIVIL SUITS IN CERTAIN CASES.

This section deals with the immunity from civil proceedings afforded to a
registered trade union and to its members or office bearers.
Section 18(1) of the Act provides that no suit or other legal proceedings shall
be maintainable in any civil court against any registered Trade Union or any
office bearer or member thereof in respect of any act done in contemplation or
furtherance of a trade dispute to which a member of the trade union is a party
on the ground only that such act induces some other person to break a contract
of employment, or that it is an interference with the trade, business or
employment of some other person or with the right of some other person to
dispose of his capital or of his labour as he wills.
Section 18(2):- provides that a registered Trade union shall not be liable in any
suit or other legal proceeding in any civil court in respect of any tortious act
done in contemplation or furtherance of a trade dispute by an agent of the Trade
union, if it is proved that such person acted without the knowledge of, or
contrary to, express instructions given by the executive of the Trade union.

IN RAM SINGH AND OTHERS V. M/S.ASHOKA IRON FOUNDARY

AND OTHERS
(1993) I LLJ 987 (P&H).

That a suit for perpetual injunction restraining the workmen from indulging in
unfair labour practice is deemed as one of civil nature and hence cognizable
under section 9 of the Civil procedure code.
Therefore where the court has barred the workmen from holding meeting,
dharna and interfering in the rights of a company, such a restraint does not
curtail the just trade union activities of the workers. It cannot be construed as
unjust and the workmen are at liberty to carry on legitimate trade union
activities peacefully.

ROTHAS INDUSTRIES STAFF UNION V. STATE OF BIHAR(AIR 1963

PAT 170)
It is one of the leading case on this section.
In this case the question for determination was, whether the employers have any
right to claim damages against the employee participating in an illegal strike
and thereby causing loss of production and business.
OR
Write a note on trade unionism and its growth. Marks:10
The freedom of association has been the cornerstone of society. This freedom
finds its best expression in a democratic form of Government. India, being a
democratic country confers the freedom of association through its constitution.
A Trade union in common parlance, means an association of workers in a
particular craft or industry. In legal sense, it means an association formed
primarily for the purpose of regulating the relations between workmen and
employers or between workmen and workmen or between employers and
employers.
The main function of trade union is to enable the workers to act together, the
individual by himself being in a weak bargaining position to negotiate with
employers that is to make possible collective bargaining the strike being their
weapon of last resort to be used only after negotiation have broken down.
TRADE UNIONISM
It is the beliefs, policies and practices of trade union (organization that represent
the people who work in a particular industry). Trade unionism is based on the
belief that we all work better when we work together.
Trade unionism to be fully effective, demands two things: a democratic spirit
and education.

THE GROWTH OF TRADE UNIONISM.

The term of trade unionism in India can be traced back to the year 1890, when
for the first time an association of mill workers was formed in the name and style
of “Bombay Millhands Association”.
This association was formed for the redressal of grievances of the Bombay Mill
wokers. It is difficult to treat this association as Trade Union in the strict sense
in which this expression is used now-a-days.
Very little account is available about its mode of working.
After the first world war over the cost of living considerably increased. The
political agitation against foreign rule was also gaining momentum throughout
the country. The increase in cost of living and country-wide political upsurge
found its way in economic discontent amongst masses, particularly in industries.
The industrial unrest and economic discontent led to a number of strikes by
worker, guided and controlled by their Action committee consisting of
representatives of workers themselves.
On many occasions these strikes were successful in getting the demands of the
workers fulfilled. The trade union movement in India got impetus by the success
of strikes in India and the world-wide uprising of labour consciousness.
The establishment of International Labour Organisation has also influenced the
growth to the trade union movement in our country.
After the independence democratic sprit is gradually developing among the
Indian citizens & the workmen in industry are not an exception to it. It was in
the year 1920 that the High Court of Madras in a suit filed against the officials
of Madras Textile Labour Union by Binny& Co. Granted an injection
restraining the union officials to induce certain workers to break their contracts
of employment by refusing to return to work. The leaders of the trade union
found themselves liable for prosecution & imprisonment even for bona fide trade
union was necessary. Mr. N.M Joshi the then general Secretary successfully
moved the resolution in the central legislative assembly seeking some measures
by the govt of protection of Trade Union .The employers were so much opposed
to any such legislation measure being adopted that the passing of the Indian
Trade Union Act could only be possible in 1926. But this Act was only enforced
from 1st of June 1927. The contribution of the capital & the labour in any
industry is equally important. Therefore, the property of an industry depends
upon the co-operation of its two components the Capital & the Labour are
inevitable so the object of any industrial relation is to ensure smooth relations
between the two & to strive for settlement of any dispute by resorting to
negotiation & conciliation.

The original Trade Union Act of 1926 made provisions in respect of, conditions
governing the registration of the act, obligations imposed upon the registration
of the trade union, rights & privileges of the registered trade union.
The Trade Union Act has been amended in the year 1947, the royal commission
pleaded for recognition of representative trade union in spirit as well as in letter.
The matter was discussed before labour ministers conferences & the standing
committee, consequently the act was amended in the year 1947 which required
for compulsory recognition by employers of the representative‘s trade Union.
The Trade Union bill of 1950, on the basis of the decision held in standing labour
committee a Trade Union Bill, seeking to make some new provisions was
introduced in parliament in February 1950. This Bill lapsed with the dissolution
of parliament. The desirable of enacting suitable legislation was considered by
the Indian Labour conferences held in October 1952. The Indian Trade Union
Amendment Act of 1960 made some changes in section 2(f), 3,4,6,14,16, &28 of
the act.
Q.No.1.b) Write a short note on any one Marks:06
Definition of trade union
Ans: Definition of Trade Union:
Sec 2(h) of the act defines a trade union, which can be analyzed into the
following ingredients,
 A combination whether temporary or permanent.
Combination should have been formed for the purposes of;
Regulating the relation b/w
Workmen & employer.
Workmen & workmen
or employers & employers.
Imposing restrictive conditions on the conduct of any trade or
business. But this shall not effect, any agreement b/w the partners to
the business
Any agreement b/w the employer & those employed &.
Any agreement in consideration of the sale of goodwill of the business
or instructions in any profession, trade or handicrafts.
Appropriate government: mentioned u/sec2, in relation to the TU, it
means a, whose objects are not confined to one state the appropriate
government is the Central Government, in relation to all other TU the
State Government is the Appropriate Govt.
OR

Withdrawal and cancellation of registration of trade union.

Ans:
INTRODUCTION
Section 10 of the Trade Union Act 1926 states about the withdrawal and
cancellation of registration of Trade union by Registration for following
reasons.

SECTION 10:- CANCELLATION OF REGISTRATION.

Registrar can withdraw or cancel registration of Trade union.

1. On the application of the Trade Union to be verified in the prescribed

manner.
2. If certificate of registration is obtained by fraud or mistake.
3. Where the Trade Union has cease to exist.
4. If the union willfully and after notice by Registrar contravened the
provisions of this Act or allowed ay rules to continue in force which is
inconsistent to the Act.
5. Rescinded any rule which was required under Section 6.
6. Where the requisite of members have ceased to exist.
 If the Registrar receives the application for cancellation of registration must
before granting the prayer must get himself satisfied whether cancellation of
registration was approved by a general meeting of the Trade union.
Where cancellation application is given by union itself, the Registrar must give
to the Trade union not less than 2 months previous notice in writing specify the
ground on which it is proposed to withdraw or cancel the certificate of
registration.
BOMBAY FIRE FIGHTERS SERVIA UNION, MUMBAI V. REGISTRAR
TRADE UNION BOMBYA (2003) II LLJ 1100 (B0M)

An appeal was filed by the union the order of Registrar cancelling its
registration for continued contravention of Section 28 of Trade union Act 1926.
The High court held that said order was in violation of the mandatory provision
of section 10 of the Act.
The respondent Registrar had not addressed a previous show cause notice in
writing to the appellant union as its correct address.
Therefore the cancellation of registration was held illegal and improper.

Q.NO.2. (a) Define industrial Dispute. When does an individual dispute

becomes an industrial dispute? Explain with the help of decided cases.
INTRODUCTION
Section 2(k)"industrial dispute" means any dispute or difference between
employers and employers or between employers and workmen, or between
workmen and workmen, which is connected with the employment or non
employment or the terms of employment or with the conditions of labour, of any
person;
Individual dispute and industrial dispute.
Whether a single workman, who is aggrieved by an action of the employer can
raise industrial dispute. Section 2(k) of the Act speaks of a dispute between
employer and workmen ie. Plural form has been used.
Before insertion of section 2-A of the Act an individual dispute could per se be
an industrial dispute, but it could become one if taken up the Trade union or a
number of workmen.
The provision of the Act leads to the conclusion that its applicability 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
the workmen as a body or a considerable section of them make common cause
with the individual workman.
JAGDISH NARAIN SHARMA AND ANOTHER V. RAJASTHAN
PATRIKA LTD. AND
ANOTHER (1994) II LLJ 600 (RAJ)
It was held that a dispute relating to transfer of a workmen will become an
industrial dispute only when it is expoused by a union of workmen or by a
substantial number of workmen employed in an industry. Without such espousal
the dispute cannot be treated as an industrial dispute and cannot be referred to
a labour court.
Section 2-A is of limited application. It does not declare all individual disputes
to be an industrial dispute. A dispute connected with a discharged dismissed,
retrenched or terminated workman shall be an industrial dispute. If the dispute
or difference is connected with other matter then it would have to satisfy the
test laid down in judicial decision.
Thus only a collective dispute could constitute an industrial dispute but
collective dispute does not mean that the dispute should either be sponsored by
a recognized union or that all or majority of the workmen of an industrial
establishment should be parties to it.
A dispute is an industrial dispute even where it is sponsored by a union which is
not registered; but the Trade union must not be one unconnected with the
employer or the industry concerned.
What is necessary is that there must be some expression of collective will of
substantial or appreciable number of workmen taking up the cause of the
aggrieved workman.
IN WORKMEN OF INDIAN EXPRESS NEWSPAPER LTD V.
MANAGEMENT OF INDIAN EXPRESS NEWSPAPERS (AIR 1970 SC
737)
A dispute relating to two workmen of Indian Express Newspaper Ltd. was
espoused by the Delhi union of Journalists which was an outside union.
About 25 per cent of the working journalists of the Indian Express were
members of that union. But there was no union of the journalists of the Indian
Express. It was held that the Delhi Union of Journalists could be said to have a
representative character quo the working journalists employed in Indian
Express and the dispute was thus transformed into an industrial dispute.
Where an industrial dispute existed at the time of making order of reference this
dispute does not cease to be so merely because dispute relating to only one
employee is left over and that the union which raised the dispute chooses not to
represent a particular employee.
OR
Write a short note on the law relating to voluntary arbitration under the
industrial dispute act1947. Marks:10

Section 10-A:- VOLUNTARY REFERENCE OF DISPUTES TO

ARBITRATION.

Section 10-A of the Act differs from Section 10 of the Act mainly in one respect.
Section 10of the Act provides for reference of an Industrial dispute by the
Government either on its own or on an application having been made to it by
the parties to making such reference.
But Section 10-Aof the Act authorizes the parties to a dispute themselves to
choose their own arbitrator, including a Labour Court, Tribunal or National
Tribunal.

Section 10-A (1) provides that where any industrial dispute exists or is
apprehended and the employer and the workmen agree to refer the dispute to
arbitration, they may refer the dispute to arbitration. Such reference by
agreement may be made at any time before the dispute has been referred under
Section 10 to a Labour Court, Tribunal or National Tribunal.
The agreement, between the parties to an industrial dispute, to make a reference
must be in writing. The reference shall be made to such person or persons
(including the presiding officer of a Labour court, Tribunal or National
Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration
agreement.

Section 10-A (1-A) provides that where an arbitration agreement provides for
reference of the dispute to an even number of arbitrators, the agreement shall
provide for the appointment of another person as umpire who shall enter upon
the reference, if the arbitrators are equally divided in their opinion. The award
of the umpire shall prevail and shall be deemed to be an arbitration award for
the purpose of this Act.

Section 10-A(2) provides that an arbitration agreement referred to in sub-

section (1) shall be in such form and shall be signed by the parties thereto in
such manner as may be prescribed.
Section 10-A(3) a copy of the arbitration agreement shall be forwarded to the
Appropriate Government and the conciliation officer, and the Appropriate
Government shall within one month from the date of the receipt of such copy
publish the same in the official Gazette.

Sub Section 10-A(3-A) provides that where an industrial dispute has been
referred to arbitration and the Appropriate Government is satisfied that the
person making the reference represent the majority of each party, the
Appropriate Government may within one month from the date of the receipt of
such copy, issue a notification in the prescribed manner. When any such
notification is issued the employers and workmen who are not parties to the
arbitration agreement but are concerned in the dispute, shall be given an
opportunity of presenting their case before the arbitrator or arbitrators.

Under Section 10-A(4) the arbitrator or arbitrators shall investigate the

dispute and submit to the Appropriate Government the arbitration award signed
by the arbitrator or all arbitrators as the case may be.

Under Sub-section (4-A) where an industrial dispute has been referred to

arbitration and a notification has been issued under sub-section (3-A), the
Appropriate Government may prohibit the continuance of any strike or lock-out
in connection with such dispute which may be in existence on the date of the
reference. The Appropriate Government shall do so by issuing an order.
In North-West Karnataka Road Transport Corporation V H.H. Pujar
(2002 III LLJ 629 (SC)
In this cast the respondent conductor was charged for non-checking of cash bag
and non-examination of the ticket-less passengers. Domestic enquiry was held
and he was dismissed. However, the Labour Court set aside the order of
dismissal and ordered reinstatement. The order was confirmed by the single
Judge of the High Court. The writ appeal was dismissed as not maintainable.
Hence an appeal was preferred to the Supreme court.
It was held that in departmental enquiries no strict rule of evidence is necessary.
All prudent materials which are logically probative to a prudent man are
permissible insisting examination of passengers who had come in and gone out
by chasing them and bringing them before the Tribunal before a valid finding is
recorded.
Therefore, when the conductor himself admits that he had not issued Tickets to
20 passengers, their non-examination is really of no consequence and the order
of dismissal is to be substituted.
Arbitrator under Section 10-A whether Tribunal within the meaning of
Article 136 of the Constitution.

This question was considered by the Supreme court in

Engineer MazdoorSabha V. Hind Cycles Ltd (1962) II LLJ 760 (S.C)

In which the court observed that some of the features, which characterize the
proceedings before the Industrial Tribunal before an award is pronounced and
which characterize the subsequent steps to be taken in respect of such an award,
are common to proceedings before the arbitrator and the award that he may
make.
An arbitrator under Section 10-A cannot be equated with a statutory Tribunal
like an Industrial Tribunal.
The Arbitrators appointed by agreement are bound to act according to law as
they are appointed by virtue of statute and are within the High Court’s power
of superintendence. The Freedom of choosing arbitration does not make any
difference in their duties and functions.
Q.No.2(b) Write a short note on Marks:06
Works committee.

Ans: Sec 3 of the Act provides for constitution of the workers committee in case
of any industrial establishment in which one hundred or more workmen are
employed or have been employed on any day in the proceeding twelve months.
The appropriate government may by general or special order require the
employer to constitute a works committee.
Constitution of works committee, the committee shall consist of representatives
of employers & workmen engaged in the establishment. The number of
representatives of workmen should not be less than the number of
representatives of the employer. The representatives of the employer should be
chosen in the prescribed manner from among the workmen engaged in the
establishment & in consultation with the trade union.

Duties of the workers committee:

1. To promote measures for securing & preserving amity & good relation
b/w the employers & the workmen.
2. To comment on the matters of common interest.
3. To solve any material difference of opinion in respect of such matters.
In North Brook Company V/Their Workmen (1960), the company
proposes to introduce rationalizing scheme. The Union did not agree with
 the scheme. On the basis of the acceptance of works committee the company
gave notice under sec 9-A of the Act of changes in the service condition. The
Industrial Tribunal held that the company implementing the rationalization
scheme in reliance on the decision of the workers committee while a dispute
was pending it was in contravention of sec 22 of the Act. Hence Lock-Out
declared by the company was illegal. The workers must be paid wages for
that period. The company applied for & obtained for special leave from the
SC. The SC held that the workers committee was not intended to supplant
or supersede the union for the purpose of collective bargaining. They are not
authorized to consider real or substantial changes in the condition of services.
Their task is only to smooth away friction that might arise b/w the workmen
& the management in day to day work. The duties & functions of the workers
committee do not include the decision on such an important matters as the
alterations in the conditions of service by rationalization.
The fact that the representatives of the workmen in the works committee
agree to the introduction of rationalization scheme is in no way binding on
the workmen or their union.
OR

Notice of change in condition of services Marks: 06

Ans: Section 9-A provides for notice of change in condition of services.
By virtue of this provision no employer who processes to effect any change
in the condition of service applicable to any workmen in respect of any matter
specified in fourth schedule.
1. Without giving to the workmen likely to be affected by such change
proposed to be effected or
2. Within 21 days of giving such notice
The condition of services for change of which notice is to be given as
enumerated in the IV schedule.

In Tamil Nadu Electricity Workers Federation V/S Madras

Electricity Board.
In this case it was held that the object of this section is to prevent a
unilateral action on the part of the employer changing the conditions of
service to the prejudice of the workmen.

Q.No.3. (a) Define strike and lockout. Explain with reference to decided
cases. Marks:10

10 marks
Ans: According to sec 2(q) of the ID Act, Strike is a cessation of work by the
employees for any length of time under a common understand to put pressure
on an employer to accept their demand .
1. Cessation of work by a body of persons employed in any industry acting
in combination or
2. A concerned refusal of any number of persons who have been employed
to continue to work to accept employment.
3. A refusal under a common understanding of any number of such persons
to continue to work or to accept employment.
In Farrer V/S Close, the court defines strike as a simultaneous cessation of
work on the part of the workmen.
In Uden V/S schaeffer , the court defined that a “strike, is the act of quitting
work by a body of workmen for the purpose of coercing their employer to
acced to some demands they have made upon him, & which he has refused,
but it is not a strike for workmen to quit work either singly or in a body when
they quitted without intention to return to work whatever may be the reason
that moves them to do so.
In Indian Humpe pipe Co Ltd V/S Rashtraya Indian Humpe pipe
Mazdoor Sangh , it was held that staying away from work under a common
understanding as a protest to the introduction of card system for marking
attendance for the workmen amounts to strike.
In National Textile Works Ltd V/S Shree Meenakshi Mills, the court
held that the refusal of workers to resume work on account of sudden death
of the worker acting in concert would amount to strike.
Different kind of strikes.
General strike, slow down , stay in , yet other types of strikes are
sympathetic strike , Hunger strike , work to rule .
Lock out- Lock –out is a temporary closure of a place of business by the
employer to bring preassure on his workmen to accept his terms .it is antithesis
of strike
Acc to sec 2 of the Act Lock – out means the temporary closing of a place of
employment or suspension of work or the refusal by an employer to continue
to employ any number of persons employed by him.
Just as strike is a weapon available to the employer to persuade by a coercive
process the employee to accept his demand.
In jaya Bharath Textiles Works V/S State of Madras, it was held that a
permanent discountenance of business is not a lock-out because a lock-out is
a temporary closure of a place of business.
Prohibition of strikes & lock – outs : strikes & lock-out are useful &
powerful weapons in the armoury of the workmen & employers . They are
available when a dispute or a struggle arises b/w them skilful use of these
weapons may help one party to fourse the other to accept its demand. But
reckless use of the creates a risk of unnecessary stoppages. Stoppages hurt
both the parties badly.
 Sec 22 to 23 of the ID Act 1947 deals with the prohibition of strikes & Lock-
outs.
Sec 22 bans the commencement of strike & lock –outs in public utility
services. But sec 23 bans strikes & lock –outs generally in Industrial
establishment. Though every industry is not a public utility service. Every
public utility service is an Industrial establishment.
Sec 22 (1) the employee of a public utility services shall not commence a strike
unless the following conditions are satisfied;
1. A notice of strike should be given to the employer in advance.
2. The notice should be given at least 14 days before the strike.
3. The strike shall not commence before the expiry of the date specified in
the notice.
4. The strike shall not be commenced during the pendency of any
conciliation proceeding before a conciliation officer & seven days after the
conclusion of such proceedings.
In premier Automible Ltd V/S G.R Sapre, it was held that the main object
of notice of 14 days before lock-out or strike is to avoid possible dislocation
to the employers & their workmen & give some grading time to adjust.
Notice of strike is not necessary where there is already a lock-out in
existence. Notice may be given by the trade union or representatives of
workmen elected to do so, the strike must e commenced within that period.
Sec 22 (2) the employers of a public utility services shall not commence a lock
– out unless the following conditions are satisfied;
1. A notice of lock –out should be given to the employees in advance.
2. The notice should be given at least 14 days before the lock –out.
3. The lock- out shall not commence before the expiry of the date
specified in the notice.
4. The lock –out shall not be commenced during the pendency of any
conciliation proceeding before a conciliation officer & seven days after
the conclusion of such proceedings.
Notice of lock-out shall not be necessary if there is already in existence a
strike in public utility services.
If the employer receives a strike notice he shall within 5 days report to the
appropriate govt or to such authority as the govt may prescribe.
In Minerals Miners Union V/S Kuderamukh Iron ore Co Ltd in this case it
was held that the provision of sec 22 are mandatory & the date on which the
workmen proposed to go on strike should be specified in the Notice , if
meanwhile the date of strike specified in the notice of strike expires. Workmen
have to give a fresh notice & all other statuary consequences following out of
the said notice would follow.
In Buchimgham & Carnatic Co Ltd V/S Ram Swaroop, it was held that
concerted stoppage of work or refusal to work by a body of workmen without
due notice to the employer in a public utility service estbnt amounts to an illegal
strike.
GENERAL STRIKES & LOCK –OUTS: sec 23 of the Act imposes general
restrictions on declaring strikes & Lock –outs in both public utility & as well as
non public utility establishments , in the following circumstances,
1. During the pendency of conciliation proceeding before a Board & seven
days after the conclusion of such proceeding.
2. During the pendency of proceeding before the labour Court, Industrial
Tribunal, or National Tribunal & two months after the conclusion of such
proceeding.
3. During the pendency of arbitration proceedings before an arbitrator &
two months after the conclusion of such proceeding.
4. During any period in which a settlement or award is in operation in
respect of the matters covered by such settlement of award.
These provisions enable the peaceful atmosphere for conducting conciliation,
adjudication or arbitration proceeding.
ILLEGAL STRIKES OR LOCK –OUTS:
Sec 24 of the Act lays down the circumstances under which strikes & Lock –
outs shall be illegal . And also they shall not be deemed to be illegal.
1. A strike or a lock –out shall be illegal if it is ,
a. If it is commenced or declared in contravention of sec 22 in public utility
services.
b. Commenced in contravention of sec 23 , in any industry or estbnt.
c. Continued to be in contravention of an order made by the appropriate
govt on a reference made by it under sec 10(3), or sub sec (4-A) of sec 10-
A of the Act .
d. Continued in contravention of an order made by the appropriate govt after
the reference of dispute for arbitration.

2. The continuance of a strike or a Lock-out shall not be deemed to be illegal

if
a. If it is commencement not in contravention of the provision of this Act.
b. That such a strike or a lock –out in pursuance of an Industrial dispute has
already commenced & is in existence at the time of reference of the dispute
to a Board of Conciliation , a Labour Court , Industrial Tribunal or
National Tribunal .
a lock-out declared in consequences of an illegal strike or a strike declared in
consequences of an illegal lock – out shall not be deemed to be illegal
PENALTIES REGARDING STRIKES & LOCK- OUTS
1. Penalty for illegal strike -According to sec 26(1) , any workmen who
commenced continues or otherwise acts in furtherance of a strike which
is illegal shall be punishable with imprisonment for a term which may
extend to one month or with fine or with both.

2. Penalty for illegal Lock –out -According to sec 26(2), any employer who
commences continues or otherwise acts in furtherance of a lock-out which
 is illegal shall be punishable with imprisonment for a term which may
extend to one month or with fine, or with both.

OR

Write a short note on retrenchment with reference to provision relating

to the regulation of retrenchment.
Marks:10

Ans: Sec 2(OO) OF THE Act defines a retrenchment, It means termination of

the services by the employer for any reason whatsoever otherwise other than as
a punishment inflicted by way of disciplinary action.
The following are not termed to be retrenchment.
• Voluntary retirement of a workman.
• Retirement of a workman after reaching the age of superannuation.
• Termination of service of a workmen as a result of the non - renewal
of a contract of employment on its expiry.
• Termination of service of a workman on grounds of continued ill
health.
In the year 1957 the SC in Hariprasad Shiv Shukla V/S A.D Divakar ;
• In this case the SC stated that the expression retrenchment means the
discharge of surplus labour or staff by the employer for any reason what’s
so ever, otherwise than on a punishment Inflicted by way of disciplinary
action.
Condition precedent for retrenchment of the workmen. Sec 25 F
Sec 25 F of the act prescribes the conditions to be satisfied before retrenchment
a workmen. Such workmen must have put in one year of continuous service he
shall not be retrenched until the conditions are fulfilled. Inflicted by way of
disciplinary action.
Condition precedent for retrenchment of the workmen. Sec 25 F
1. Sec 25 F of the act prescribes the conditions to be satisfied before
retrenchment a workmen. Such workmen must have put in one year of
continuous service he shall not be retrenched until the conditions are
fulfilled. One month notice in writing has to be given to the workmen.
2. The workmen cannot be retrenched unless the notice period is expired .or
workmen has been paid wages in lieu of such notice wages for the period
of notice.
These conditions are mandatory & non-compliance with it will render
retrenchment illegal. The workmen must have been paid , at that time
retrenchment compensation which is 15 days average pay for every
completed year of continuous service or any part thereof .
 Notice in the prescribed manner must be served to the appropriate govt
of such authority as may be specified by the appropriate govt or such
authority as a may be specified by the appropriate govt by notification in
official gazette.
PROCEDURE FOR RETRENCHMENT
Sec 25 G of the act prescribes for the procedure to be followed by the
employer while effecting the retrenchment, the recognised principal of
retrenchment is ‘last come first go & first come last go ‘. A workman can
claim protection of this section if the following conditions are fulfilled.
i. He must be a workman within the meaning of sec 2(s) of the act.
ii. He should be a citizen of India.
iii. The workmen should be employed in an establishment which is an
industry within the meaning of sec 2 (j) of the act.
Iv . There should be an agreement contrary to the principal of last come first
go b/w the employer & the workmen.

If the above conditions are fulfilled the employer must ordinarily retrench the
workmen based on the principle. This rule is intended to afford a healthy
safeguard against discrimination of workmen in regard to retrenchment.
RECOVERY OF MONEY DUE FROM THE EMPLOYER
Earlier sec 20 of ID Act was considered for the purpose of claiming dues from
the employer under an award or decision.
It was an insufficient provision hence a new section was introduced i.e. sec 33-C
to the ID Act 1947 by the Amendment act 1956 this also repealed the 1950
Industrial Disputes Tribunal Act. Sec 33 C also stood insufficient & this resulted
in the substitution by Industrial Disputes Act 1964,
Which inserted sec 33 C (1), it states where any money is due to a workmen
from an employer under a settlement or an award or under chapter
VA(industrial disputes), the workmen or his authorized agents or if dead his
heirs or assignee may make an application to the appropriate govt for the
recovery of such money.
Money due, means existing debts whether or not the right to recover the same
is barred. The govt if satisfied that such money is due will, issue a certificate to
the amount to the collector who recovers it as arrears of land revenue.
Application must be made within one year from the date the money become date.
However, on satisfaction of sufficient cause, the government may entertain
applications even after this one year period. Amendment act of 1976, by virtue
of this act the workers establishments employing 300 or more workers are also
entitled to protection u/sec33- C (1) in respect of any money due to any worker
working in the above industrial establishments in the terms of Ch VB inserted
by the above amendment, when the dispute relates the recovery of money on
account of lay-off, retrenchment or closure of the business in contravention of
the restrictions Imposed by the amending provision.
Scope of sec 33 of the act: the provision enables a workman for the speedy
recovery of money due from his employer under the settlement or an award or
in the form of compensation u/the act. The provision enables the individual
workmen to enforce his existing right to release money from his employer
Without driving him to resort to sec 10(1) & without depending on other
workmen or the union to support his case. When money is due to the workmen,
he is not compelled to take recourse to an ordinary civil court for the execution
& realization, but can invoke the summery procedure provided by sec 33-C (1)
Jurisdiction & power:
The provision of sec 33-C(1) are analogous to the execution proceeding to
realize money Due under settlement or award under the act. The workmen or
his authorized agent shall make an application to the appropriate govt in
execution of the same. If the appropriate govt is satisfied that the claim of the
workmen is sustainable, a certificate for the same will be issued to the collector
for the recovery of it as arrears of land revenue. The power of the govt u/sec33-
C(1) does not extended to the determination of the amount but only to calculate
or work out & Verify the claim & that is without any dispute.
The certificate has to be issued by the govt on being satisfied issued must be to
the collector. Even though sec 33-C (1) provides to recover the money due as
arrears of land revenue, section does not bar the a civil suit for such recovery.
Application under sec 33-C(1), can be made by the workmen to whom money is
due, or any person who is authorized in writing by him or the assignees or heirs
of such workmen, who is dead. The workmen need not be in the service on the
date of his application. But the money claimed as due in the application must
have been related to his services to the employer. U/rule 62(1) of the Industrial
Disputes Rules 1957, a workmen or a group of workmen may apply in form K-I
for the recovery of money due from the employer. Provision I to sec 33-C(1)
prescribes one year period of limitation from the date on which the money
became due, within which time the application must be made.
Provision II, it empowers the appropriate govt to receive such application even
after the expiry of the said one year if it is satisfied that there is jurisdiction on
sufficient cause.
Sec33-C(2), where a workmen is entitled to receive from the employer any
money & if any question arises as to the amount of money due, then the question
may be decided by the labour court. The expression if any question arises as to
the amount of money due includes in its ambit any one or more of the following
kinds of disputes,
1. Whether there is any settlement
2. Whether any workmen is entitled to receive from the employer any
money at all under any settlement or award If so what will be the quantum
of such amount ,
3. Whether the amount claimed is due or not.
These will be the disputes which will be referable to question as to the amount
of money due. To find out this it is not necessary that there should be a dispute
as to the amount of money due. A dispute as to all or any of the four questions
attracts the provision of sec33-C(2). In case of dispute as to any amount due to
the workmen jurisdiction is to the labour court u/sec33-C(2) & not for the
appropriate govt u/sec33-C(1) Condition precedent for application of sec33-
C(2), it assumes the existing right of the employees to the money or benefit.
Only on the basis of such an existing rights the sec empowers the labour court
to decide any question that may arise as to the amount of money due or as to the
amount at which it shall be computed.
Labour court will have competency to try the matter only if the appropriate govt
makes specification to that effect.
In Nizamuddin Suleman V/S New Shorrock Spinning & Manufacturing
Mills(1980 Lab IC 397 Guj) the court relied on Punjab Beverages V/S
Suresh Chand(AIR 1978 SC 218)
Alternative remedy is not a bar to sec33-C(2) eg sec 20 of minimum wages act
1948, which provides for recovery of the differences in contractual wages paid
to the employees & the minimum wages payable to them .
Relationship b/w sec 10& 33-C(2), sec 10 deals with references of cases of all
kind of Industrial matters, sec 33-C(2) deals only with recovery of money due
from the employer.

Sec 10 is very wide it could cover all matters including those coming under sec
33-C (2) of the act. Sec 33-C (2) is very restrictive provision. Sec 33-C (3)
provides for appointment of commissioners by the Labour courts in appropriate
cases for the purpose of computing the value of benefit claimed in the application.
Sec 33-C(4) makes it incumbent upon the Labour courts to forward its decision
as to the claim u/sec33-C(2) to the appropriate Govt. on the receipt of such
decision the appropriate government will realize the amount found due by the
Labour court in the manner provided for in sec 33-C(1) of the Act. Sec 33-C (5)
provides for joint application for recovery of money due from the employer. This
section enables any number of employees who are employed under the same
employer, they are entitled to make single application for claim of money due
from the employer.

Q.No.3.b) Write a short note on lay off

Lay off means putting aside workmen temporarily.
The duration of the period of lay off must not be for a longer period than the
period of emergency. The employer & employee relation does not come to an
end but is merely suspended for a period of emergency. Submit its award to the
appropriate govt.
According to sec 2 (kkk) of the act lay-off means the failure, refusal or inability
to of an employer on an account of shortage of coal, power or raw materials or
the accumulation of stock or the brake down of machinery to give employment
to the workmen whose name is born on the master roll of his industrial
establishment & who have not been retrenched. Lay –off is not a right conferred
but an obligation imposed on the employer for the benefit of the workmen. The
very essence of lay-off is that it is a temporary stoppage of work & that within
the reasonable period of time the employer expects the business would be
continued & his employees who have been laid off will be restored with job along
with they full rights . The act has been amended relating to the provisions of
lay-off & retrenchment in 1984 .According to it prior approval is required to be
ascertained from the appropriate govt by the employer.
PROHIBITION OF LAY OFF
Unless the employer has taken the permission of the appropriate govt he cannot
lay off his employees who are bone on the master roll.
CONDITION PRECEDENT FOR PAYMENT OF LAY-OFF
COMPENSATION.
• The nu of employees should not be less than 50 on an average per working
day in the proceeding calendar month.
• The industrial est. should not be seasonal in character.
• Such unemployment should be due to failure, refusal, or inability of the
employer on the account of shortage of coal, power or raw material.
• The workmen should have presented himself for work for that day to the
establishment the name of the workmen should have born on the master
roll of the establishment.
• The workmen should have been given employment within 2hrs of his so
presenting himself.
ESTABLISHMENT EXEMPTED FROM PAYING COMPENSATION.
• The provision of sec 25C to 25E deals with lay-off compensation.
• According to the provisions certain categories of workmen are entitled to
avail compensation.
• 25A states that an industrial establishment employing less than 50
workmen on an average per working day in the preceding calendar month
is not eligible to pay compensation.
OR

Strike and its kinds

Ans: Strike is collective stoppage of work by workmen undertaken in order to
bring pressure upon those who depend on the sale or use of the products of work.
strike is generally labour’s last resort in connection with industrial
controversies.
Section 2(q) defines Strike – it means
 1. Cessation of work by a body of persons employed in any industry acting
in combination ; or
2. A concerted refusal of any number of persons who are or have been
employed in any industry to continue to work or to accept employment;
or
3. A refusal under a common understanding of any number of persons who
are or have been employed in industry to continue to work or to accept
employment.
Strike means the stoppage of work by a body of workmen acting in concert
with a view to bring pressure upon the employer to concede to their demands
during an industrial dispute.
The workmen must be employed in any industry. Mere cessation of work
does not come within the purview of strike unless it can be shown that such
cessation of work was a concerted action for the enforcement of an industrial
demand.
The essential element of strike is cessation of work. If there is no cessation
of work there is no strike.
The duration of cessation of work is immaterial. Cessation of work even for
an half an hour amounts to a strike.
Mere absence from work is not enough but there must be concerted refusal
of work, to constitute a strike.
KINDS OF STRIKE:-

There are mainly 3 kinds of strike, namely

1. GENERAL STRIKE
2. STAY-IN-STRIKE
3. GO SLOW

1. GENERAL STRIKE:-

A general Strike is one, where the workmen join together for common cause
and stay away from work, depriving the employer of their labour needed to run
his factory.

Token strike is also a kind of general strike. Token strike is for a day or a few
hours or for a short duration because its main object is to draw the attention of
the employer by demonstrating the solidarity and co-operation of the
employees.
General strike is for a longer period. It is generally resorted to when employees
fail to achieve their object by other means including a token strike which
generally precedes a general strike.

1. STAY-IN-STRIKE

It is also called as “tools-down-strike” or ‘pens-down-strike’. It is that form

of strike where the workmen report to their duties, occupy the premises but do
not work. The employer is thus prevented from employing other labour to carry
on his business.
Where dismissed workmen were staying on premises and refused to leave them
it was held not to amount to stay in strike but an offence of criminal trespass.

2. GO SLOW
In a Go-Slow strike, the workmen do not stay away from work, they do come to
their work and work also, but with a slow speed in order to lower down the
production and thereby cause loss to the employer. Go-Slow strike is not a
‘strike’ within the meaning of the term in the Act, but is serious misconduct
which is insidious in its nature and cannot be countenanced.
In addition to these three forms of strike which are frequently resorted to by the
industrial workers, a few more may be cited although some of them are not strike
within the meaning of section 2(q).

i. Sympathetic strike – it is resorted to in sympathy of other striking

workmen. Its aim is to encourage or to extend moral support to or
indirectly to aid the striking workmen.
The sympathizers resorting to such strike have no demand or grievance of their
own.
Kambalingam V. Indian Metallurgical Corporation, Madras (1964) I LLJ
81
In this case some workers in concert were absent themselves out of sympathy to
some cause wholly unrelated to their employment or even in regard to condition
of employment of other workers in service under other management, such
absence could not be held to be strike as the essential element of the intention
to use it against the management is absent.
The management would, therefore, be entitled to take disciplinary proceedings
against the workmen for their absence on the ground of breach of condition of
service.

ii. Hunger Strike;-

In Hunger Strike a group of workmen resort to fasting on or near the place of
work or the residence of the employer with a view to coerce the employer to
accept their demands.
In Piparaich sugar Mills Ltd V. Their workmen,( AIR 1960 SC 1258)
Certain employees who held key positions in the Mill resorted to hunger strike
at the residence of the Managing Director, with the result that even those
workmen who reported to their duties could not be given work. It was held that
the concerted action of the workmen who went on hunger strike amounted to
strike within the meaning of this sub-section iii. Work To Rule:-
The employees in case of ‘work to rule’ strictly adhere to the rules while
performing their duties which ordinarily they do not observe. Thus strict
observance of rules results in slowing down the tempo of work, causes
inconvenience to the public and embarrassment to the employer.
It is no strike because there is no stoppage of work at all.

Q.NO.4.a)Discuss the composition, power and duties of the different bodies

under the employees state insurance corporation act 1948.
Ans: INTRODUCTION
Section3. Establishment of Employees’ State Insurance Corporation.— (1) With
effect from such date as the Central Government may, by notification in the
Official Gazette, appoint in this behalf, there shall be established for the
administration of the scheme of Employees’ State Insur State Insurance
Corporation.
(2) The Corporation shall be a body corporate by the name of Employees’ State
Insurance Corporation having perpetual succession and a common seal and shall
by the said name sue and be sued.
Section 4. Constitution of Corporation. — The Corporation shall consist of the
following members, namely : —
(a) a Chairman to be appointed by the Central Government ;
(b) a Vice-Chairman to be appointed by the Central Government ;
(c) not more than five persons to be appointed by the Central Government ; (d)
one person each representing each of the States in which this Act is in force
to be appointed by the State Government concerned ;
(e) one person to be appointed by the Central Government to represent the
Union territories;
(f) ten persons representing employers to be appointed by the Central
Government in consultation with such organizations of employers as may be
recognized for the purpose by the Central Government ;
(g) ten persons representing employees to be appointed by the Central
Government in consultation with such organizations of employees as may be
recognized for the purpose by the Central Government ;
(h) two persons representing the medical profession to be 3[appointed] by
the Central Government in consultation with such organizations of medical
practitioners as may be recognized for the purpose by the Central Government
; (i) three members of Parliament of whom two shall be members of the House
of the People (Lok Sabha) and one shall be a member of the Council of States
(Rajya Sabha) elected respectively by the members of the House of the People
and the members of the Council of States ; and
(j) the Director-General of the Corporation, ex-officio.

Section5:- Term of office of the members of the Corporation.— (1) Save as

otherwise expressly provided in this Act, the term of office of members of the
Corporation, other than the members referred to in clauses (a), (b), (c), (d) and
(e) of section 4 and the ex-officio member, shall be four years commencing from
the date on which their appointment or election is notified.
Provided that a member of the Corporation shall notwithstanding the expiry of
the said period of four years, continue to hold office until the appointment or
election of his successor is notified.
(2) The member of the Corporation referred to in clauses (a), (b), (c), (d) and (e)
of section 4 shall hold office during the pleasure of the Government appointing
them. Section 6: Eligibility for re-appointment or re-election. — An outgoing
member of the Corporation, the Standing Committee, or the Medical Benefit
Council shall be eligible for re-appointment or re-election as the case may be.
Section 7: Authentication of orders, decisions, etc. — All orders and decisions
of the Corporation shall be authenticated by the signature of the Director-
General of the Corporation and all other instruments issued by the Corporation
shall be authenticated by the signature of the Director-General or such other
officer of the Corporation as may be authorized by him.
OR
Explain the circumstances under which an employer is liable to pay
compensation under the employees compensation act 1948.

Ans: INTRODUCTION

The Employee’s compensation Act is one of the earliest measures adopted to

benefit the labourers. It was passed in 1923 and enforced on 1st july 1924. Since
then a number of amendments have been made from time to time so as to suit
the changing needs and conditions of the employees.

The object of the Act was to make provision for the payment of compensation
by certain class of employers to their employees for injury by accident.

SECTION 3:- EMPLOYER'S LIABILITY FOR COMPENSATION.-

The liability of an employer to pay compensation is limited and is subject to the

provisions of the Act.
The liability of the employer to pay compensation is dependent upon the
following four conditions:
1. Personal injury must have been caused to an employee;
2. Such injury must have been caused by an accident.
3. The accident must have arisen out of and in the course of employment;
and
4. The injury must have resulted either in death of the employee or in his
total or partial disablement for a period exceeding three days.

The employer shall not be liable to pay compensation in the following cases:

a. If the injury did not result in total or partial disablement of the employee
for a period exceeding three days;
b. In respect of any injury not resulting in death or permanent total
disablement the employer can plead.
i. That the employee was at the time of accident under the influence
of drinks or drugs.
 ii. That the employee willfully disobeyed an order expressly given or
a rule expressly framed for the purpose of securing safety of
employees; and
iii. That the employee having known that certain safety-guards or
safety devices are specifically provided for the purpose of securing
the safety of employee, willfully disregarded or removed the same.

The employer can succeed in his plea only if he can establish that the injury was
attributable to any one of the above factors.

Section 3(2): Employer’s Liability in case of occupational diseases.

It deals with the payment of compensation in case of an injury resulting from

occupational diseases.

The list of the occupational diseases is contained in Schedule III of the Act.
Schedule III is divided into 3 parts, A,B, and C.

The disease contracted must be an occupational disease peculiar to the

employment specified in Schedule III.

In respect of every such disease mentioned as occupational disease in Schedule

III, a list of a number of employments is given.

To support any claim for compensation in case of occupational disease in part A

no specified period of employment is necessary; for diseases in Part B the
employee must be in continuous employment of the same employer for a period
of 6 months in the employment specified in that part; and for diseases in part C
the period of employment would be such as is specified by the Central
Government for each such employment whether in the service of one or more
employers.

The contracting of any disease specified in Schedule III shall be deemed to be an

injury by accident arising out of and in the course of employment unless the
contrary is proved.

Part A of Schedule III:- The employer shall be liable to pay compensation for an
injury resulting from an occupational disease mentioned in part A of the
Schedule III, if an employee employed in any employment specified in Part A of
Schedule III contracts any disease specified therein as an occupational disease
peculiar to that employment.

The contracting of the disease shall be deemed to be an injury by accident and

unless the contrary is proved the accident would be deemed to have arisen out
of and in the course of employment.

If any such disease as is mentioned Part A of Schedule III develops after an

employee has left the employment, no compensation shall be payable to him.

Part B of Schedule III:-

In case of contracting of any disease mentioned in Part B of Schedule III the

employer shall be liable if an employee while in the service of an employer in
whose service he has been employed for a continuous period not less than 6
months in any employment specified in Part B of peculiar to that employment.

The contracting of the disease shall be deemed to be an injury by accident within

the meaning of this section, and unless contrary is proved, the accident would
be deemed to have arisen out of and in the course of the employment.

Part C of Schedule III:-

Where an employee contracts any disease specified in Part C of the Schedule III
the employer shall be liable.

1. If an employee was in the service of one or more employers in any

employment specified in Part C of Schedule III for such continuous period
as the Central government may specify in respect of each such
employment; and
2. If he contracts any disease specified therein as an occupational disease
peculiar to that employment.

If the above two conditions are fulfilled, the contracting of the disease shall be
deemed to be an injury by accident within the meaning of section 3 of the Act
and unless contrary is proved the accident shall be deemed to have arisen out
of and in the course of the employment.

Section 3(2-A) :- In case of any employment mentioned in Part-c of Schedule III

where there are more than one employers, sub-section (2-A) of Section 3
authorises the commissioner to fix up the extent or responsibility of different
employers in respect of the amount of compensation payable to an employee.

Section 3(3):-The Central Government or the State Government, after giving, by

notification in the Official Gazette, not less than three months' notice of its
intention so to do, may, by a like notification, add any description of
employment to the employments specified in Schedule III and shall specify in
the case of employments so added the diseases which shall be deemed for the
purposes of this section to be occupational diseases peculiar to those
employments respectively, and thereupon the provisions of sub-section (2) shall
apply, in the case of a notification by the Central Government, within the
territories to which this Act extends or, in case of a notification by the State
Government, within the State as if such diseases had been declared by this Act
to be occupational diseases peculiar to those employments.

Section 3(4):-no compensation shall be payable to a [employee] in respect of

any disease unless the disease is directly attributable to a specific injury by
accident arising out of and in the course of his employment. Exceptions to this
rule are the cases covered by sub-section (2), (2A)] and (3) of section 3.

Section 3 (5):- Nothing herein contained shall be deemed to confer any right to
compensation on a *[employee] in respect of any injury if he has instituted in a
Civil Court a suit for damages in respect of the injury against the employer or
any other person; and no suit for damages shall be maintainable by a
*[employee] in any Court of law in respect of any injury--
(a) if he has instituted a claim to compensation in respect of the injury before a
Commissioner; or
(b) if an agreement has been come to between the *[employee] and his
employer providing for the payment of compensation in respect of the injury
in accordance with the provisions of this Act.

Q.NO.4.b) Write a short note on various benefits available under the

employees state insurance act 1948.
ANS: INTRODUCTION
The benefits available for the employee is enumerated in chapter v
The important sections in relate to available benefits under the ESI act is
discussed below-
Section: 46. Benefits. — (1) Subject to the provisions of this Act, the insured
persons, their dependants or the persons hereinafter mentioned, as the case
may be,] shall be entitled to the following benefits, namely : —
(a) periodical payments to any insured person in case of his sickness certified
by a duly appointed medical practitioner or by any other person possessing such
qualifications and experience as the Corporation may, by regulations, specify in
this behalf] (hereinafter referred to as sickness benefit) ;
(b) periodical payments to an insured woman in case of confinement or
miscarriage or sickness arising out of pregnancy, confinement, premature birth
of child or miscarriage, such woman being certified to be eligible for such
payments by an authority specified in this behalf by the regulations (hereinafter
referred to as maternity benefit) ;
(c) periodical payments to an insured person suffering from disablement as
a result of an employment injury sustained as an employee under this Act and
certified to be eligible for such payments by an authority specified in this behalf
by the regulations (hereinafter referred to as disablement benefit) ;
(d) periodical payments to such dependant’s of an insured person who dies
as a result of an employment injury sustained as an employee under this Act, as
are entitled to compensation under this Act (hereinafter referred to as
dependant’s benefit) ;
(e) medical treatment for and attendance on insured persons (hereinafter
referred to as medical benefit) ;
(f) payment to the eldest surviving member of the family of an insured
person who has died, towards the expenditure on the funeral of the deceased
insured person, or, where the insured person did not have a family or was not
living with his family at the time of his death, to the person who actually incurs
the expenditure on the funeral of the deceased insured person to be known as
funeral expenses. Provided that the amount of such payment shall not exceed
such amount as may be prescribed by the Central Government] and the claim
for such payment shall be made within three months of the death of the insured
person or within such extended period as the Corporation or any officer or
authority authorized by it in this behalf may allow.
(2) The Corporation may, at the request of the appropriate Government, and
subject to such conditions as may be laid down in the regulations, extend the
medical benefits to the family of an insured person.
Section:49. Sickness benefit. — The qualification of a person to claim sickness
benefit, the conditions subject to which such benefit may be given, the rate and
period thereof shall be such as may be prescribed by the Central Government.

Section:50. Maternity Benefit. — The qualification of an insured woman to

claim maternity benefit, the conditions subject to which such benefit may be
given, the rates and period thereof shall be such as may be prescribed by the
Central
Government.]
Section:51. Disablement benefit.— Subject to the provisions of this Act
(a) a person who sustains temporary disablement for not less than three days
(excluding the day of accident) shall be entitled to periodical payment 5[at such
rates and for such periods and subject to such conditions as may be prescribed
by the Central Government] ;
(b) a person who sustains permanent disablement, whether total or partial,
shall be entitled to periodical payment 6[at such rates and for such periods and
subject to such conditions as may be prescribed by the Central Government].

Section: 52Dependants’ benefit. — (1) If an insured person dies as a result of an

employment injury sustained as an employee under this Act whether or not he
was in receipt of any periodical payment for temporary disablement in respect
of the injury) dependants’ benefit shall be payable at such rates and for such
periods and subject to such conditions as may be prescribed by the Central
Government] to his dependants specified in sub-clause (i), sub-clause (i-a) and]
sub-clause (ii) of clause (6-A) of section 2.
(2) In case the insured person dies without leaving behind him the dependants
as aforesaid, the dependant’s benefit shall be paid to the other dependants of
the deceased at such rates and for such periods and subject to such conditions
as may be prescribed by the Central Government.
OR

Write a short note on partial disablement and total disablement.

Ans:

SECTION 2(g): "partial disablement" means, where the disablement is of a

temporary nature, such disablement as reduces the earning capacity of a
*[employee] in any employment in which he was engaged at the time of the
accident resulting in the disablement, and, where the disablement is of a
permanent nature, such disablement as reduces his earning capacity in every
employment which he was capable of undertaking at that time: provided that
every injury specified [in Part II of Schedule I] shall be deemed to result in
permanent partial disablement;

SECTION 2 (l) "total disablement" means such disablement, whether of a

temporary or permanent nature, as incapacitates a *[employee] for all work
which he was capable of performing at the time of the accident resulting in such
disablement:
Provided that permanent total disablement shall be deemed to result from
every injury specified in Part I of Schedule I or from any combination of injuries
specified in Part II thereof where the aggregate percentage of the loss of earning
capacity, as specified in the said Part II against those injuries, amounts to one
hundred percent or more;
Q.No.5.(a)Define wages and explain the objective of the payment of
wages act 1936.
Ans:

INTRODUCTION

The need to protect the wages earned by the worker had been felt from the early
years of the 12th century, but it was as early as 1925 that a private bill called the
weekly payment bill’ was for the first time introduced in the Legislative
Assembly.
The Royal Commission on Labour in India made some valuable
recommendations. The present Act is mostly based on those recommendations
of Royal Commission. This Act was passed in 1936 and came into force on 21 st
March 1937.

SECTION 2 (VI):-“WAGES” means all remuneration (whether by way of

salary, allowances or otherwise) expressed in terms of money or capable of being
so expressed which would, if the terms of employment, express or implied, were
fulfilled, be payable to a person employed in respect of his employment or of
work done in such employment, and includes-
(a) any remuneration payable under any award or settlement between the
parties or order of a Court;
(b) any remuneration to which the person employed is entitled in respect of
overtime work or holidays or any leave period;
(c) any additional remuneration payable under the terms of employment
(whether called a bonus or by any other name);
(d) any sum which by reason of the termination of employment of the person
employed is payable under any law, contract or instrument which provides for
the payment of such sum, whether with or without deductions but does not
provide for the time within which the payment is to be made;
(e) any sum to which the person employed is entitled under any scheme
framed under any law for the time being in force; but does not include—
(1) any bonus (whether under a scheme of profit sharing or otherwise) which
does not form part of the remuneration payable under the terms of
employment or which is not payable under any award or settlement between
the parties or order of a Court;
(2) the value of any house-accommodation, or of the supply of light, water,
medical attendance or other amenity or of any service excluded from the
computation of wages by a general or special order of 1[the appropriate
Government];
(3) any contribution paid by the employer to any pension or provident fund, and
the interest which may have accrued thereon;
(4) any travelling allowance or the value of any travelling concession;
(5) any sum paid to the employed person to defray special expenses entailed on
him by the nature of his employment; or
(6) any gratuity payable on the termination of employment in cases other than
those specified in sub-clause (d).
Scope of the Act

The Act applies only to those industrially employed workers as specified in

Schedule II of the Workmen’s Compensation Act. The Act provides the workers
with protection from losses or injury caused by accidents resulting from and
during the course of employment subject to certain exceptions as set out in the
Act.

Applicability of the Act

The applicability of the Act extends throughout India.[v] The words ‘except
the State of Jammu and Kashmir’ were omitted by Act 51 of 1970. The Act does
not apply to those areas which are being covered under the Employees State
Insurance Act, 1948.

The objective of the Act.

The preamble of the Act states that the object of the Act is “to regulate the
payment of wages to certain classes of employed persons.” The regulation
contemplated by the Act is twofold: first the date of payment of wages and
secondly the deductions from wages whether as fine or otherwise.
• The primary aim of this Act is to provide comprehensive coverage to
workers for work-related injuries and disabilities. The Act focuses on
providing workmen with a sustainable life after suffering any injury at the
workplace during the course of employment.
• The second goal is to provide effective protection against loss of income.
The cash incentives are meant to recover a large proportion of the lost
wages of the disabled workers so that the previous quality of life can be
maintained.
• Third objective is to provide the injured staff with sufficient medical
treatment and recovery facilities. It requires employers to cover hospital,
surgical, and other medical expenses incurred by injured workers and
provide rehabilitation facilities to employees with disabilities to help them
be returned to productive employment.
• Another aim is to promote employers to reduce work-related mishaps and
develop effective safety measures. Organisations with superior accident
rates pay comparatively lower workmen’s compensation premiums as
experience ranking is used to motivate the employers to minimize work-
related accidents and illnesses.
• Workmen’s compensation laws are, above all, designed to reduce
litigation. Disabled employees are automatically paid compensation,
without having to sue their employers. The goal is to reduce the number
of lawsuits pending in court, which will help to minimize or eliminate
legal fees charged to lawyers.
Salient Features of the Act
I. Extent and Application:

The Workmen’s Compensation Act, 1923 is applicable to the whole of India. It

also extends to the workers recruited by organisations/enterprises registered in
India and sent abroad for work. It applies to:

1. All railway employees not permanently employed in any railway

administrative, district, or sub-divisional office and who are not employed
in any capacity as stated in Schedule II to the Act;
2. Persons employed in any capacity as stated in Schedule II to the Act.
Schedule II covers people working in factories, mines, plantations, and
mechanically propelled vehicles, building works, and several other
hazardous occupations. A total of 48 jobs are listed in the Schedule; and
3. Persons working in jobs assigned by the State Government to Schedule
U in the exercise of the powers bestowed upon them under Section 2(3)
of the Act. A Statement indicating the additions made so far by various
state governments is included in this relation (Annex-I).

Under the Act, there is no wage cap for coverage. Consequently, all employees
employed in Scheduled employment, including the railway servants mentioned
at point a) above, are covered by the Act.

II. Contingencies in which Compensation is Payable:

Compensation is payable in case of temporary or permanent disability or death

resulting from any injury caused during the course of the employment. The
contracting of any disease as specified in Schedule III to the Act is considered to
be an injury caused by accident.

III. Occupational Diseases:

If an employee who is employed under the employment specified in Schedule III

to the Act contracts some occupational disease peculiar to that employment, he
is entitled to get the compensation under the Act.

The occupational diseases should be contracted in the specified employment

while serving an employer. Schedule III divides the occupational diseases into
three specified groups, Part-A, Part-B, Part-C in particular.

There is no qualifying period of employment for the diseases mentioned in Part-

A. In the case of diseases specified in Part-B, a person should have been
employed for a continuous period of no less than six months before contracting
the disease in the specified employment.
The qualifying period is specified by the Central Government for the diseases
listed in Part-C. The qualifying time for the diseases mentioned in the Part-C of
the Schedule is as follows:

1. Pneumoconiosis – 7 years
2. Pagassosis – 3 years
3. Byssinosis – 7 year
OR

Q.NO.5.B) Explain the provision of factories act in relate to the health and
safety of the workers.

Ans:Health-

Section 11.Cleanliness.

(1) Every factory shall be kept clean and free from effluvia arising from any drain,
privy or other nuisance, and in particular-
(a) accumulation of dirt and refuse shall be removed daily by sweeping or by
any other effective method from the floors and benches of workrooms and from
staircases and passages, and disposed of in a suitable manner;
(b) the floor of every workroom shall be cleaned at least once in every week
by washing, using disinfectant, where necessary, or by some other effective
method; (c) where a floor is liable to become wet in the course of any
manufacturing process to such extent as is capable of being drained, effective
means of drainage shall be provided and maintained;
(d) all inside walls and partitions, all ceilings or tops of rooms and all walls, sides
and tops of passages and staircases shall-
(i) where they are painted otherwise than with washable water-pain or
varnished, be repainted or re varnished at least once in every period of five
years;
(ia) where they are painted with washable water paint, be repainted with at
least one coat of such paint at least once in every period of three years and
washed at least once in every period of six months;
(ii) where they are painted or varnished or where they have smooth
impervious surfaces, be cleaned at least once in every period of fourteen
months by such method as may be prescribed;
(iii) in any other case, be kept white washed or colour washed, and the
whitewashing or colour washing shall be carried out at least once in every period
of fourteen months;
(dd) all doors and window frames and other wooden or metallic framework and
shutters shall be kept painted or varnished and the painting or varnishing shall
be carried out at least once in every period of five years

(e) the dates on which the processes required by clause (d)are carried out shall
be entered in the prescribed register.
(2) If, in view of the nature of the operations carried on ina factory or class or
description of factories or any part of a factory or class or description of
factories, it is not possible for the occupier to comply with all or any of the
provisions of subsection
(1), the State Government may be order exempt such factory or class or
description of factories [or part] from any of the provisions of that sub-section
and specify alternative methods for keeping the factory in a clean state.

Section12.Disposal of wastes and effluents.

Effective arrangements shall be made in every factory for the treatment of
wastes and effluents due to the manufacturing process carried on therein, so as
to render them innocuous and for their disposal.
(2) The State Government may make rules prescribing the arrangements to be
made under sub-section (1) or requiring that the arrangements made in
accordance with sub-section 91) shall be approved by such authority as may be
prescribed.

Section 13.Ventilation and temperature.

(1) Effective and suitable provision shall be made in every factory for securing
and maintaining in every workroom--
(a) adequate ventilation by the circulation of fresh air, and
(b) such a temperature as will secure to workers therein reasonable conditions
of comfort and prevent injury to health;-and in particular,-
(i) walls and roofs shall be of such material and so designed that such
temperature shall not be exceeded but kept as low as practicable;
(ii) where the nature of the work carried on in the factory involves, or is likely
to involve, the production of excessively high temperatures, such adequate
measures as are practicable shall be taken to protect the If it appears to the
Chief Inspector that excessively high temperatures in any factory can be reduced
by the adoption of suitable measures, he may, without prejudice to the rules
made under subsection (2), serve on the occupier, an order in writing specifying
the measures which, in his opinion, should be adopted, and requiring them to
be carried out before a specified date.

Section 14.Dust and fume.

(1) In every factory in which, by reason of the manufacturing process carried
on, there is given off any dust or fume or other impurity of such a nature and to
such an extent as is likely to be injurious or offensive to the workers employed
therein, or any dust insubstantial quantities, effective measures shall be taken
to prevent inhalation and accumulation in any workroom, and if any exhaust
appliance is necessary for this purpose, it shall be applied as near as possible to
the point of origin of the dust, fume or other impurity, and such point shall be
enclosed so far as possible.
(2) In any factory no stationary internal combustion engine shall be operated
unless the exhaust is conducted into the open air, and no other internal
combustion engine shall be operated in any room unless effective measures
have been taken to prevent such accumulation of fumes therefrom as are likely
to be injurious to workers employed in the room.

Section 15.Artificial humidification.

(1) In respect of all factories in which the humidity of the air is artificially
increased, the State Government may make rules,-
(a) prescribing standards of humidification;
(b) regulating the methods used for artificially increasing the humidity of the air;
(c) directing prescribed tests for determining the humidity of the air to be
correctly carried out and recorded;
(d) prescribing methods to be adopted for securing adequate ventilation and
cooling of the air in the workrooms.
(2) In any factory in which the humidity of the air is artificially increased, the
water used for the purpose shall be taken from a public supply, or other source
of drinking water, or shall be effectively purified before it is so used.
(3) If it appears to an Inspector that the water used in a factory for increasing
humidity is required to be effectively purified under sub-section (2) is not
effectively purified he may serve on the manager of the factory an order in
writing, specifying the measures which in his opinion should be adopted, and
requiring them to be carried out before specified date.

Section 16. Overcrowding.

(1) No room in any factory shall be overcrowded to an extent injurious to the
health of the workers employed therein.
(2) Without prejudice to the generality of sub-section (1), there shall be in
every workroom of factory in existence on the date of the commencement of
this Act at least 9.9 cubic metres.

Section 17 Lighting. (1) In every part of a factory where workers are working or
passing there shall be provided and maintained sufficient and suitable lighting,
natural or artificial, or both.
(2) In every factory all glazed windows and skylights used for the lighting of
the workrooms shall be kept clean on both the inner surfaces and, so far as
compliance with the provisions of any rules made under sub-section (3) of
section 13 will allow, free from obstruction.
(3) In every factory effective provision shall, so far as is practicable, be made
for the prevention of-
(a) glare, either directly from a source of light or by reflection from a smooth
or polished surface;
(b) the formation of shadows to such an extent as to cause eye-strain or the
risk of accident to any worker.
(4) The State Government may prescribe standards of sufficient and suitable
lighting for factories or for any class of description of factories or for any
manufacturing process.

Section 18. Drinking water. (1) In every factory effective arrangements shall be
made to provide and maintain at suitable points conveniently situated for all
workers employed therein a sufficient supply of whole some drinking water.
(2) All such points shall be legibly marked "drinking water" in a language
understood by majority of the workers employed in the 19.

Latrines and urinals.

Section 19.Latrines and urinals. (1) In every factory--
(a) sufficient latrine and urinal accommodation of prescribed types shall be
provided conveniently situated and accessible to workers at all times while they
at the factory;
(b) separate enclosed accommodation shall be provided for male and female
workers;
(c) such accommodation shall be adequately lighted and ventilated, and no
latrine or urinal shall, unless specially exempted in writing by the Chief
Inspector, communicate with any workroom except through an intervening
open space or ventilated passage;
(d) all such accommodation shall be maintained in a clean and sanitary
condition at all times;
sweepers shall be employed whose primary duty it would be to keep clean
latrines, urinals and washing places.
(2) In every factory wherein more than two hundred and fifty workers are
ordinarily employed-
(a) all latrine and urinal accommodation shall be of prescribed sanitary types; (b)
the floors and internal walls, up to a height of 2 [ninety continents] of the
latrines and urinals and the sanitary blocks shall be laid in glazed tiles or
otherwise finished to provided a smooth polished (3) The State Government
may prescribe the number of latrines and urinals to be provided in any factory
in proportion to the numbers of male and female workers ordinarily employed
therein, and provide for such further matters in respect of sanitation in factories,
including the obligation of workers in this regard, as it considers necessary in the
interest of the health of the workers employed therein.

Section 20.Spittoons. (1) In every factory there shall be provided a sufficient

number of spittoons in convenient places and they shall be maintained in a clean
and hygienic condition.
(2) The State Government may make rules prescribing the type and the number
of spittoons to be provided and their location in any factory and provide for
such further matters relating to their maintenance in a clean and hygienic
condition.
(3) No person shall spit within the premises of a factory except in the spittoons
provided for the purposes and a notice containing this provision and the
 penalty for its violation shall be prominently displayed at suitable places in
the premises.
(4) Whoever spits in contravention of sub-section (3) shall be

CHAPTER IV:-SAFETY

Section21.Fencing of machinery.
(1) In every factory the following, namely,--
(i) every moving part of a prime mover and every fly wheel connected to a prime
mover whether the prime mover or flywheel is in the engine house or not; (ii)
the headrace and tailrace of every water-wheel and water turbine;
(iii)any part of a stock-bar which projects beyond the headstock of a lathe; and
(iv) unless they are in such position or of such construction as to be safe to every
person employed in the factory as they would be if they were securely fenced,
the following, namely,--
(a) every part of an electric generator, a motor or rotary convertor;
(b) every part of transmission machinery; and
(c) every dangerous part of any other machinery, which shall be constantly
maintained and kept in position while the parts of machinery they are
fencing are in motion or in use:
Provided that for the purpose of determining whether any part of machinery is
in such position or is of such construction as to be safe as aforesaid, account
shall not be taken of any occasion when-
(i) it is necessary to make an examination of any part of the machinery
aforesaid while it is in motion or, as a result of such examination, to carry out
lubrication or other adjusting operation while the machinery is in motion, being
an examination or operation which it is necessary to be carried out while that
part of the machinery is in motion, or
(ii) in the case of any part of a transmission machinery used in such process
as may be prescribed (being a process of a continuous nature the carrying on of
which shall be, or is likely to be, substantially interfered with by the stoppage of
that part of the machinery), itis necessary to make an examination of such part
of the machinery while it is in motion or, as a result or such examination, to carry
out any mounting or shipping of belts or lubrication or other adjusting operation
while the machinery is in motion, and such examination or operation is made or
carried out in accordance with the provisions of sub-section (1) of section 22.
(2) The State Government may be rules prescribe such further precautions as it
may consider necessary in respect of any particular machinery or part thereof,
or exempt, subject to such condition as maybe prescribed, for securing the
safety of the workers, any particular machinery or part thereof from the
provisions of this section.

Section 22.Work on or near machinery in motion.

Where in any factory it becomes necessary to examine any part of machinery
referred to in section 21, while the machinery is in motion, or, as a result of such
examination, to carry out-
(a) in a case referred to in clause (i) of the proviso to sub-section (1) of section
21, lubrication or other adjusting operation; or
(b) in a case referred to in clause (ii) of the proviso aforesaid, any mounting
or shipping of belts or lubrication or other adjusting operation, while the
machinery is in motion, such examination or operation shall be made or carried
out only by a specially trained adult male worker wearing tight fitting clothing
(which shall be supplied by the occupier whose name has been recorded in the
register prescribed in this behalf and who has been furnished with a certificate
of his appointment, and while he is so engaged,--
(a) such worker shall not handle a belt at a moving pulley unless
(i) the belt is not more than fifteen centimeters in width;
(ii) the pulley is normally for the purpose of drive and not merely a fly-wheel or
balance wheel (in which case a belt is not permissible);
(iii) the belt joint is either laced or flush with the belt;
(iv) the belt, including the joint and the pulley rim, are in good repair;
(v) there is reasonable clearance between the pulley and any fixed plant or
structure;
(vi) secure foothold and, where necessary, secure handhold, are provided for
the operator ;and
(vii)any ladder in use for carrying out any examination or operation aforesaid is
securely fixed or lashed or is firmly held by a second person;
(b) without prejudice to any other provision of this Actrelating to the fencing of
machinery, every set screw, bolt and key on any revolving shaft, spindle, wheel
or pinion, and all spur, worm and other toothed or friction gearing in motion
with which such worker would otherwise be liable to come into contact, shall be
securely fenced to prevent such contact.
(2) No woman or young person shall be allowed to clean, lubricate or adjust
any part of a prime mover or of any transmission machinery while the prime
mover or transmission machinery is in motion, or to clean, lubricate or adjust
any part of any machine if the cleaning, lubrication or adjustment thereof would
expose the woman or young person to risk of injury from any moving part either
of that machine or of any adjacent machinery.
(3) The State Government may, by notification in the Official Gazette,
prohibit, in any specified factory or class or description of factories, the cleaning,
lubricating or adjusting by any person of specified parts of machinery when
those parts are in motion.

Section23. Employment of young persons on dangerous machines. (1) No

young person shall be required or allowed to work at any machine to which this
section applies, unless he has been fully instructed as to the dangers arising in
connection with the machine and the precautions to be observed and- (a) has
received sufficient training in work at the machine, or
(b) is under adequate supervision by a person who has athrough knowledge and
experience of the machine.
(2) sub-section (1) shall apply to such machines as may be prescribed by the
State Government, being machines which in its opinion are of such a dangerous
character that young person ought not to work at them unless the foregoing
requirements are complied with.

Section24. Striking gear and devices for cutting off power. (1) In every factory-
(a) suitable striking gear or other efficient mechanical appliance shall be
provided and maintained and used to move driving belts to and from fast and
loose pulleys which form part of the transmission machinery, and such gear or
appliances shall be so constructed, placed and maintained as to prevent the belt
from creeping back onto the fast pulley;
(b) driving belts when not in use shall not be allowed to rest or ride upon shafting
in motion.
(2) In every factory suitable devices for cutting off power in emergencies
from running machinery shall be provided and maintained in every work-room:
Provided that in respect of factories in operation before the commencement of
this Act, the provisions of this sub-section shall apply only to work-rooms in
which electricity is used as power.
(3) When a device, which can inadvertently shift from "off" to" on" position,
is provided in a factory to cut off power, arrangements shall be provided for
locking the device in safe position to prevent accidental starting of the
transmission machinery or other machines to which the device is fitted.

Section25. Self-acting machines. No traversing part of a self-acting machine in

any factory and no material carried thereon shall, if the space over which it runs
is a space over which any person is liable to pass, whether in the course of his
employment or otherwise, be allowed to run on its outward or inward traverse
within a distance of forty-five centimeters from any fixed structure which is not
part of the machine:
Provided that the Chief Inspector may permit the continued use of a machine
installed before the commencement of this Act which does not comply with the
requirements of this section on such conditions for ensuring safety as he may
think fit to impose.

Section 26:- Casing of new machinery. (1) In all machinery driven by power
and installed in any factory after the commencement of this Act,-
(a) every set screw, bolt or key on any revolving shaft, spindle, wheel or pinion
shall be so sunk, encased or otherwise effectively guarded as to prevent danger;
(b) all spur, worm and other toothed or friction gearing which does not require
frequent adjustment while in motion shall be completely encased, unless it is so
situated as to be as safe as it would be if it were completely encased.
(2) Whoever sells or lets on hire or, as agent of a seller or hirer, causes or
procures to be sold or let on hire, for use in a factory any machinery driven by
power which does not comply with the provisions of sub-section (1) or any rules
made under sub-section, shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to five
hundred rupees or with both.
(3) The State Government may make rules specifying further safeguards to
be provided in respect of any other dangerous part of any particular machine or
class or description of machines.

Section27. Prohibition of employment of women and

children near cotton openers:-
No woman or child shall be employed in any part of a factory for pressing cotton
in which a cotton-opener is at work:
Provided that if the feed-end of a cotton-opener is in a room separated from the
delivery end by a partition extending to the roof or to such height as the
Inspector may in any particular case specify in writing, women and children may
be employed on the side of the partition where the feed-end is situated.

Section 28:- Hoists and lifts. (1) In every factory-

(a) every hoist and lift shall be--
(i) of good mechanical construction, sound material and adequate strength:
(ii)properly maintained, and shall be thoroughly examined by a competent
person at least once in every period of six months, and a register shall be kept
containing the prescribed particulars of every such examination;
(b) every hoist way and lift way shall be sufficiently protected by an enclosure
fitted with gates, and the hoist or lift and every such enclosure shall be so
50Bprevent any person or thing from being trapped between any part of the
hoist or lift and any fixed structure or moving part;
(c) the maximum safe working load shall be plainly marked on every hoist or
lift, and no load greater than such load shall be carried thereon;
(d) the cage of every hoist or lift used for carrying persons shall be fitted with
a gate on each side from which access is afforded to a landing;
(e) every gate referred to in clause (b) or clause (d)shall be fitted with
interlocking or other efficient device to secure that the gate cannot be opened
except when the cage is at the landing and that the cage cannot be moved unless
the gate is closed.
(2) The following additional requirements shall apply to hoists and lifts used for
carrying persons and installed or reconstructed in a factory after the
commencement of this Act, namely:-
(a) where the cage is supported by rope or chain, there shall be at least two
ropes or chains separately connected with the cage and balance weight, and
each rope or chain with its attachments shall be capable of carrying the whole
weight of the cage together with its maximum load;
(b) efficient devices shall be provided and maintained capable of supporting
the cage together with its maximum load in the event of breakage of the ropes,
chains or attachments;
an efficient automatic device shall be provided and maintained to prevent the
cage from over-running.
(3) The Chief Inspector may permit the continued use of a hoist or lift
installed in a factory before the commencement of this Act which does not fully
comply with the provisions of sub-section (1)upon such conditions for ensuring
safety as he may think fit to impose.
(4) The State Government may, if in respect of any class or description of
hoist or lift, it is of opinion that it would be unreasonable to enforce any
requirement of subsections (1) and (2),by order direct that such requirement
shall not apply to such class or description of hoist or lift.
Explanation.--For the purposes of this section, no lifting machine or appliance
shall be deemed to be a hoist or lift unless it has a platform or cage, the direction
or movement of which is restricted by a guide or guides.

Section 29. Lifting machines, chains, ropes and lifting tackles.

(1) In any factory the following provisions shall be complied with in respect
of every lifting machine (other than a hoist and lift) and every chain, rope
and lifting tackle for the purpose of raising or lowering persons, goods or
materials:-
(a) all parts, including the working gear, whether fixed or movable, of every
lifting machine and every chain, rope or lifting tackle shall be--
(i) of good construction, sound material and adequate strength and free from
defects;
(ii) properly maintained; and
(iii)thoroughly examined by a competent person at least once in every period of
twelvemonths, or at such intervals as the Chief Inspector may specify in
writing; and a register shall be kept containing the prescribed particulars of
every such examination;
(b) no lifting machine and no chain, rope or lifting tackle shall, except for the
purpose of test, be loaded beyond the safe working load which shall be plainly
marked thereon together with an identification mark and duly entered in the
prescribed register; and where this is not practicable, a table showing the safe
working loads of every kind and size of lifting machine or chain, rope or lifting
tackle in use shall be displayed in prominent positions on the premises;
(c) while any person is employed or working on or near the wheel track of a
travelling crane in any place where he would be liable to be struck by the crane,
effective measures shall be taken to ensure that the crane does not approach
within six months of that place.
(2) The State Government may make rules in respect of any lifting machine or
any chain, rope or lifting tackle used in factories-
(a) prescribing further requirements to be complied with in addition to those
set out in this section;
(b) providing for exemption from compliance with all or any of the
requirements of this section, where in its opinion, such compliance is
unnecessary or impracticable.
(3) For the purposes of this section a lifting machine or a chain, rope or lifting
tackle shall be deemed to have been thoroughly examined if a visual
examination supplemented, if necessary, by other means and by the dismantling
of parts of the gear, has been carried out as carefully as the conditions permit in
order to arrive at are liable conclusion as to the safety of the parts examined.

(b) "lifting tackle" means any chain sling, rope sling, hook, shackle, swivel,
coupling, socket, clamp, tray or similar appliance, whether fixed or movable,
used in connection with the raising or lowering of persons, or loads by use of
lifting machines."

Section 30.Revolving machinery. In every factory in which the process of

grinding is carried on there shall be permanently affixed speed of every
grindstone or abrasive wheel, the speed of the shaft or spindle upon which the
wheel is mounted, and the diameter of the pulley upon such shaft or spindle
necessary to secure such safe working peripheral speed.
(2) The speeds indicated in notices under sub-section (1) shall not be exceeded.
(3) Effective measures shall be taken in every factory to ensure that the safe
working peripheral speed of every revolving vessel, cage, basket, flywheel,
pulley, disc or similar appliance driven by power is not exceeded.

Section 31:Presssure plant.(1) If in any factory, any plant or machinery or any

part thereof is operated at a pressure above atmospheric pressure, effective
measures shall be taken to ensure that the safe working pressure of such plant
or machinery or part is not exceeded.
(2) The State Government may make rules providing for the examination and
testing of any plant or machinery such as is referred to in sub-section (1) and
prescribing such other safety measures in relation thereto as may in its opinion
be necessary in any factory or class or description of factories.
(3) The State Government may, by rules, exempt, subject to such conditions
as may be specified therein, any part of any plant or machinery referred to in
sub-section
(1) from the provisions of this section.

Section 32.Floors, stairs and means of access. In every factory--

(a) all floors, steps, stairs, passages and gangways shall be of sound construction
and properly maintained and shall be kept free from obstructions and
substances likely to cause persons to slip], and where it is necessary to ensure
safety, steps, stairs, passages and gangways shall be provided with substantial
handrails; (b) there shall, so far as is reasonably practicable, be provided and
maintained safe means of access to everyplace at which any person is at any
time required to 1*[(c) when any person has to work at a height from where he
is likely to fall, provision shall be made, so far as is reasonably practicable, by
fencing or other wise,to ensure the safety of the person so working.

Section 33:- Pits, sumps, openings in floors, etc. every fixed vessel, sump, tank,
pit or opening in the ground or in a floor which, by reason of its depth, situation,
construction or contents, is or may be a source of danger, shall be either
securely covered or securely fenced.
(2) The State Government may, by order in writing, exempt, subject to such
conditions as may be prescribed, any factory or class or description of factories
in respect of any vessel, sump, tank, pit or opening from compliance with the
provisions of this section.

Section 34: Excessive weights. (1) No person shall be employed in any factory
to lift, carry or move any load so heavy as to be likely to cause him injury.
(2) The State Government may make rules prescribing the maximum weights
which may be lifted, carried or moved by adult men, adult women, adolescents
and children employed in factories or in any class or description of factories or
in carrying on any specified process.

Section 35. Protection of eyes: In respect of any such manufacturing process

carried on in any factory as may be prescribed, being a process which involves--
(a) risk of injury to the eyes from particles or fragments thrown off in the
course of the process, or
(b) risk to the eyes by reason of exposure to excessive light, the State
Government may by rules require that effective screens or suitable goggles shall
be provided for the protection of persons employed on, or in the immediate
vicinity of, the process.

Section 36. Precautions against dangerous fumes, gases, etc. (1) No person
shall be required or allowed to enter any chamber, tank, vat, pit, pipe, flue or
other confined space in any factory in which any gas, fume, vapour or dust is
likely to be present to such an extent asto involve risk to persons being
overcome thereby, unless it is provided with a manhole of adequate size or
other effective means of egress.
(2) No person shall be required or allowed to enter any confined space as is
referred to in sub-section (1), until all practicable measures have been taken to
remove any gas, fume, vapour or dust, which may be present so as to bring its
level within the permissible limits and to prevent any ingress of such gas, fume,
vapour or dust and unless-
(a) a certificate in writing has been given by a competent person, based on a
test carried out by himself that the space is reasonably free from dangerous gas,
fume, vapour or dust; or
(b) such person is wearing suitable breathing apparatus and a belt securely
attached to a rope the free end of which is held by a person outside the confined
space."]

Section 36A.Precautions regarding the use of portable electric light.

In any factory--
(a) no portable electric light or any other electric appliance of voltage exceeding
twenty-four volts shall be permitted for use inside any chamber, tank, vat, pit,
pipe, flue or other confined space; unless adequate safety devices are provided]
and
b) if any inflammable gas, fume or dust is likely to be present in such chamber,
tank, vat, pit, pipe, flue or other confined space, no lamp or light other than that
of flame-proof construction shall be permitted to be used therein.
Section 37. Explosive or inflammable dust, gas, etc. (1) Where in any factory
any manufacturing process produces dust, gas, fume or vapour of such character
and to such extent as to be likely to explode , all practicable measures shall be
taken to prevent any such explosion by--
(a) effective enclosure of the plant or machinery used in the process;
(b) removal or prevention of the accumulation of such dust, gas, fume or vapour;
(c) exclusion or effective enclosure of all possible sources of ignition.
(2) Where in any factory the plant or machinery used in a process such as is
referred to in sub-section (1) is not so constructed as to withstand the probable
pressure which such an explosion as aforesaid would produce, all practicable
measures shall be taken to restrict the spread and effects of the explosion by
the provision in the plant or machinery of chokes, baffles, vents or other
effective appliances.
(3) Where any part of the plant or machinery in a factory contains any
explosive or inflammable gas or vapour under pressure greater than
atmospheric pressure, that part shall not be opened except in accordance with
the following provisions, namely:--
(a) before the fastening of any joint of any pipe connected with the part or
the fastening of the cover of any opening into the part is the cover of any
opening into the part is loosened, any flow of the gas or vapour into the part of
any such pipe shall be stopped by a stop-valve or other means;
(b) before any such fastening as aforesaid is removed, all practicable
measures shall be taken to reduce the pressure of the gas or vapour in the part
of pipe to atmospheric pressure;
(c) where any such fastening as aforesaid has been loose removed effective
measures shall be taken to prevent any explosive or inflammable gas or vapour
from entering the part or pipe until the fastening has been secured, or, as the
case may be, securely replaced:
Provided that the provisions of this sub-section shall not apply in the case of
plant or machinery installed in the open air.
(4) No plant, tank or vessel which contains or has contained any explosive or
inflammable substance shall be subjected in any factory to any welding, brazing,
soldering or cutting operation which involves the application of heat unless
adequate measures have first been taken to remove such substance and any
fumes arising therefrom or to render such substance and fumes non-explosive
or noninflammable, and no such substance shall be allowed to enter such plant,
tank or vessel after any such operation until the metal has cooled sufficiently to
prevent any risk of igniting the substance.
(5) The State Government may by rules exempt, subject to such conditions
as may be prescribed, any factory or class or description of factories from
compliance with all or any of the provisions of this section.

Section 38.Precautions in case of fire. (1) In every factory, all practicable

measures shall be taken to prevent outbreak of fire and its spread, both
internally and externally, and to provide and maintain--
(a) safe means of escape for all persons in the event of a fire, and
(b) the necessary equipment and facilities for extinguishing fire.
(2) Effective measures shall be taken to ensure that in every factory all the
workers are familiar with the means of escape in case of fire and have been
adequately trained in the routine to be followed in such cases.
(3) The State Government may make rules, in respect of any factory or class
or description of factories, requiring the measures to be adopted to give effect
to the provisions of sub-sections (1) and(2).
(4) Notwithstanding anything contained in clause (a) of subsection(1) or
subsection (2), if the Chief Inspector, having regard to the nature of the work
carried on in any factory, the construction of such factory, special risk to life or
safety, or any other circumstances, is of the opinion that the measures provided
in the factory, whether as prescribed or not, for the purposes of clause (a)of
sub-section (1) or sub-section (2), are inadequate, he may, by order in writing,
require that such additional measures as he may consider reasonable and
necessary, be provided in the factory before such date as it specified in the
order.]

Section 39.Power to require specifications of defective parts or tests of

stability. If it appears to the Inspector that any building or part of a building or
any part of the ways, machinery or plant in a factory is in such a condition that
it may be dangerous to human life or safety, he may serve on 1*[the occupier
or manager or both] of the factory an order in writing requiring him before a
specified date--
(a) to furnish such drawings, specifications and other particulars as may be
necessary to determine whether such building, ways, machinery or plant can be
used with safety, or
(b) to carry out such tests in such manner as may be specified in the order,
and to inform the Inspector of the results thereof.

Section 40. Safety of buildings and machinery. (1) If it appears to the Inspector
that any building or part of a building or any part of the ways, machinery or plant
in a factory is in such a condition that itis dangerous to human life or safety, he
may serve on the occupier or manager or both] of the factory an order in writing
specifying the measures which in his opinion is suitable to take.

Q.No.5.b) Write a short note on the manufacturing process.

SECTION 2 (k) "manufacturing process" means any process for-

(i) making, altering, repairing, ornamenting, finishing, packing, oiling,

washing, cleaning, breaking up, demolishing, or otherwise treating or
adapting any article or substance with a view toits use sale, transport,
delivery or disposal, or
(ii) pumping oil, water, sewage or any other substance; or
(iii) (iii) generating, transforming or transmitting power; or

(iv) composing types for printing, printing by letter press, lithography,

photogravure or other similar process or book binding; or

(v) constructing, reconstructing, repairing, refitting, finishing or breaking

up ships or vessels; or
(vi) preserving or storing any article in cold storage.
OR

Write a short note on deductions under the payment of wages act 1936.

Ans: DEDUCTIONS WHICH MAY BE MADE FROM WAGES.

At the time of payment of the wage to employees, employer
should make deductions according to this act only. Employer
should not make deductions as he like. Every amount paid by the
employee to his employer is called as deductions.
 The following are not called as the deduction
▪ ▪ Stoppage of the increment of employee.
▪ Stoppage of the promotion of the employee.
▪ Stoppage of the incentive lack of performance by
employee.
▪ Demotion of the employee
▪ Suspension of the employee
The above said actions taken by the employer should have good
and sufficient cause.
Deductions [Sec 7 (2)]
Deduction made by the employer should be made in accordance
with this act only. The following are said to be the deductions and
which are acceptable according to this act.
▪ ▪ Fines,
▪ Deductions for absence from duty,
▪ Deductions for damage to or loss of goods made by the
employee due to his negligence,
▪ Deductions for house-accommodation supplied by the
employer or by government or any housing board,
▪ Deductions for such amenities and services supplied
by the employer as the State Government or any officer,
▪ Deductions for recovery of advances connected with
the excess payments or advance payments of wages,
▪ Deductions for recovery of loans made from welfare
labour fund,
▪ Deductions for recovery of loans granted for house-
building or other purposes,
▪ Deductions of income-tax payable by the employed
person,
▪ Deductions by order of a court,
▪ Deduction for payment of provident fund,
▪ Deductions for payments to co-operative societies
approved by the State Government,
▪ Deductions for payments to a scheme of insurance
maintained by the Indian Post Office
▪ Deductions made if any payment of any premium on
his life insurance policy to the Life Insurance Corporation
with the acceptance of employee,
▪ Deduction made if any contribution made as fund to
trade union with the acceptance of employee,
▪ Deductions, for payment of insurance premia on
Fidelity Guarantee Bonds with the acceptance of employee,
▪ Deductions for recovery of losses sustained by a
railway administration on account of acceptance by the
employee of fake currency,
▪ Deductions for recovery of losses sustained by a
railway administration on account of failure by the employee
in collections of fares and charges,
▪ Deduction made if any contribution to the Prime
Minister’s National Relief Fund with the acceptance of
employee,
▪ Deductions for contributions to any insurance scheme
framed by the Central Government for the benefit of its
employees with the acceptance of employee,