Answer 1.

Social Security

The idea behind the concept of social security is that the state shall be responsible for protecting its
citizens against certain contingencies of life. The basic principle of social security employees collective
action by the community to help a member against misfortunes and want he cannot meet his own
resources. It is based on Business Ethics ''ideals of human dignity and Social Justice''

According to ILO " social security is the protection which society provides for its member through a
series of public measures against the economic and social distance resulting from sickness Maternity
employment injury and employment in validity old age and death. These measures are also of a great
importance to a country which is on the way of large scale industrialisation as they improve employees
moral by providing sense of security to them again various industrial hazards."

In fact social security is an attack on five Giants namely want, disease, ignorance, squalor and illness.
Security against giant of squalor means security against all those evils which come through the and
planned and an organised growth of cities. The ultimate aim once economic and political protection. It is
to protect the poor and to ensure that they have an acceptable standard of living.

Features of social Security

Social security provides financial help in case of contingency such as unemployment, Maternity,
industrial disease, old age and death etc.

Social security in some countries is applied to all governmental programs and in some countries it is
applied only to social insurance program.

It covers a wide variety of Health and welfare scheme the cover of social security is very wide meeting
the difference contingencies of an employee member.

Social security is dynamic concept and its coverage change with social economic and political system
prevailing in given country at a given time.

A comprehensive scheme of social security consists of social insurance in social assistance.

The models social security scheme is integration of its two important elements of social insurance in
social assistant and covering all of social risk.

Social security must provide protection against all the ordinary risk of life and as well as special risk of
employment.
It should bring under protection all member workers by hand and Ben who lives solely by their Mary
earnings.

Importance of Social Security

Social equality is of great importance to developing and underdeveloped countries which aimed at large
scale Rapid industrialisation. It helps in improving moral of employees by providing sense of security to
them against various industrial hazards occupation disease and any other type of unfair practice.

Access to social security is a fundamental human right to which every individual is entitled as a member
of society.

Its main objective is to give individual that confidence through which they must be sure that their level
of living and quality of life will be adversely affected to any mishaps and contingencies.

The aim of social security has been widened to include the complete quality of working and living life in
each aspect.

It is basic instrument of social and economic justice among member of society.

Social security leads to adoption of the scheme of unemployment insurance and creation of new
employment through a drive of rational planning and industrial development

Social security emphasizes covering more different type of risk sickness, maturity and Employment
injuries.

Social Security in India

1. Medical Care- social security under medical care covers pregnancy confinement and its consequences
and disease which led to a morbid condition.

2. Sickness Benefit- sickness includes in capability to work resulting a loss of earning. Under this benefit
worker need not to be paid for 3 days of suspension of earning and the payment of benefit may be
limited to 26 weeks in a year.

3. Unemployment Benefits- under the social security benefit cover the loss of burning during a workers
unemployment period when he is capable and available for work but remains and employed because of
lack of suitable employment. As per act this benefit may be limited to 13 weeks payment in a year.

4. Employment Injury- under employment injury benefit proper medical care and periodical payment
are made to injured employee as per the large provision of workers compensation act. In these days
industrial work is subject to different kind of contingencies mishaps and occupational disease which are
covered under employment injury benefit of social security.
5. Old Age - old age benefits is applicable in India only in few States. Under this benefit the quantum of
payment depends upon on individual working capacity during the period before retirement. It further
includes a certain amount beyond the prescribed age and continue till one's death.

6. Maternity Benefit- this is complex Maternity Benefit Act 1961 which covers benefit due to pregnancy
full stop confinement and their consequences resulting in the suspension of earning. There is legal
provision for medical including pre-natal confidence postnatal care and also hospitalization if required.
Fixed periodic payment of three months before birth of child and 3 month after that.

7. Family benefit- in case of death of bread earner Discover responsibility for maintenance of children
during the entire period of children is provided.

8. Survivor's benefit- it refers to the benefit to the affected family in the form of periodical payment to a
family following the death of a bread earner and should continue during the entire period of
contingency.

9. Invalidism benefit- in fact this benefit continue till invalidism changes into old age than old age 15 ft
would become payable under this benefit as per ILO convention- a periodical payment should cover the
needs of worker who suffer from any disability arising out of sickness or accident or who are unable to
engage into any gainful activity.

Provisions of Maternity Benefit Act, 1961

With the object of providing maternity leave and benefit to women employee the Maternity Benefit bill
was passed by both the houses of parliament and subsequently it received the assent of president on
12th December 1961 to become an act under short title and numbers Dum Maternity Benefit Act 1961.
This was an act to regulate the the employment of women in certain establishment for certain period
before and after childbirth and to provide for Maternity Benefit and certain other benefit.

The object of maternity leave and benefit is to protect the dignity of motherhood by providing for the
full and healthy maintenance of women and her child when she is not working. With the advent of
modern age as the number of women employee please growing the maternity leave and other
Maternity benefits are becoming increasingly common. But there was no beneficial piece of legislation
in the Horizon which is intended to achieve the object of doing Social justice to women workers
employed in factories, mines and plantation.

Implementation of the Law

This law applies to factory mine or plantation including search establishment belonging to the
government or an establishment requiring physical labour skill or performances.

The law applies in shops for establishment where more than 10 people are employed or were employed
on any day in the preceding 12 months. The state government with the approval of the central
government after giving a notice of at least two month decides that the provision of the act may apply
to any other establishment.

Maternity benefits granted by the act

The law provides:

No Woman will be asked to work in an employment for 6 weeks immediately preceding her delivery or
miscarriage.

Every woman will be entitled to the Maternity Benefit in terms of wages as prescribed in the Act.

A woman shall only be entitled to the Maternity benefits under this act only if she has worked for the
employer for a period of not less than 160 days in the 12 months immediately preceding the date of her
expected delivery.

The maximum number of leaves that a woman is entitled to under the act is 12 weeks.

A woman will not be allowed to do such work that can harm her or her child's health during pregnancy.

The law provides some benefit to women who have a miscarriage or tubectomy.

A woman suffering from illness arising out of pregnancy delivery premature birth of child be entitled in
addition to the period of absence allowed to her leave with wages at the rate of Maternity Benefit for a
maximum period of one month.

Exception

An insured woman may be disqualified from receiving Maternity Benefit if she fails with out good cause
to attend for to submit herself to medical examination went so required. She may however refused to
be examined by if the doctor or midwife is not a female. If an insured woman is disqualified as above the
disqualification is to be for such number of days as May be decided by the authority authorised by the
corporation which is the appropriate regional office.

Answer 2.

Industry

And industry exist only when there is a relationship between employees and employers the former is
engaged in business trade and the taking manufacture or calling of employer and the letter is engaged in
the calling service employment and craft or industrial occupation and evocation. Does the definition can
be considered or have to part the, first part- any business trade undertaking manufacture of calling of
employers. second part- any calling service employment handicraft or industrial occupation or vocation
of workmen is employee.

Section 2 (j) of the industrial dispute act has define the term industry means any systematic activity
carried on by cooperation between an employer and his workmen ( whether such workmen are
employed by such employed directly or by or through any agency including a contractor) for the
production supply or distribution of goods or services with a view to satisfy human wants aur wishes
(not being wants or wishes which are merely spiritual or religious in nature) whether or not-

1.Any capital has been invested for the purpose of carrying on such activity

2.Such activity is carried on with the motive to make any gain or profit and includes

3.Any activity of the dog liver board establishment under section 5A of the dock worker (regulation of
employment) act ,1948

4.Any activity relating to the promotion of sales or businesses or both carried on by an establishment
but does not include- any agricultural operation except where such agriculture operation is carried on in
an integrated manner with any other activity (being any such activity as is referred to in the foregoing
provisions of this clause) and such other activities the predominant one.

Explanation

For the purpose of this Applause agricultural operation does not include any activity carried on in a
plantation as defined in clause (f) of section 2 of the plantation labour act ,1951

1.Hospitals or dispensaries

2.Educational scientific research or training institution

3.Institution owned or managed by organisations wholly or substantially engaged in any charitable social
or philanthropic service

4.Khadi aur village industries

5.Any activity of the government relatable to the sovereign function of the government including all the
activities carried on by the departments of the central government dealing with the defence research
atomic energy and space.

6.Any activity being a profession practiced by an individual or body of individuals if the number of
person employed by the individuals or body of individuals in relation to such profession is less than 10.

7.Any activity being an activity carried on by a cooperative society or a club or any other like body of
individuals if the number of person employed by the cooperative society club or other like body of
individuals in relation to such activity is less than 10.
In Budge Budge municipality vs P. R. Mukherjee ,1953 case, two employees of the municipality who
were the member of municipality workers union was suspended by the chairman on the charge of the
negligence insubordination and indiscipline. The worker were dismissed from the service saying that
their explanation word unsatisfactory. The union questioned the dismissal the matter was referred by
the government of West Bengal to the industrial Tribunal for adjudication. The Tribunal directed the
workers reinstatement in their respective offices by making an award saying that the suspension of two
employees was of victimization. The Municipality under article 226 of the Indian Constitution took the
matter to the highcourt. The petition was dismissed and Lee was granted under article 132 one of the
Indian constitution to make an appeal to the supreme court.

The supreme court analyse this situation in the light of Australian judgement given in the federated
municipal and share counsel employees Union of Australia Vs Melbourne Corporation. They observed
that do every activity in which the relationship of employer and employee existed commonly
understood at the industry but still a wider and more comprehensive interpretation has to be given to
such work to meet the Rapid industrial progress and to bring about industrial peace and economy and
fair.

In the landmark judgement of Bangalore water supply vs A. Rajappa the supreme court executively
considered the scope of industry and laid down the following test which is popularly known as "the
triple test" to, ascertain what an industry is.

1. Systematic activity

2. Organised by co-operation between employer and employee

3. For the production and distribution of goods and services calculated to satisfy human wants and
wishes, prima-facie.

There is an industry in that Enterprise.

The following points were also emphasizes in the case:

1.Industry does not include spiritual or religious service or service care to celestial bliss.

2.Absence of profit motive or gainful objective is irrelevant be venture in public join private or another
sector.

3.The true focus is functional and the decisive test is the nature of the activity with the special emphasis
on the employer- employee relation.

4.If the organisation is a trade or business it does not cease to be won because of philanthropy
animating at the undertaking.

Discontent with triple test rule

The judgement and the triple test has been used for quite a long time as a settled law in the industrial
matter to constitutes the identity of an organisation if it is an industry or not. However this experience
does not seem to appear entirely happy. Instead of leading to industrial peace and welfare of the
community which was the ultimate aim of the industrial dispute act its application has done more
damage than good not only to the organisation but also to employee and the economy ultimately.
Without actually realising the supreme court in the Bangalore water supply case give very wide
expansion to the term industry and by its application include educational institution charitable
Institution and all other liberal professionals into its sweep. The reason being that every time an
organisation whitch did not intend to be an industry sum of sale under the Ambit of industry by
coinciding with any one of the the white condition of the triple test.

For instance in case of a voluntary organisation which Run workshop in order to help poor or destitute
women to earn some income by organisation some activities like Preparing of Spice pickle. In this case
only small number of person were employed to assist in the activities and income earned by these
activities was distributed to the women who were given such work. Now technically speaking such
organisation would be termed as an industry if following the triple test despite the fact that it was not
organised like industries and even do not have the means for manpower to run it as industries. In
consequence to which a large number of such voluntary welfare scheme have been abandoned because
of wild interpretation given to the term industry.

Conclusion

The law in force presently is the interpretation of the original section 2 (j) as was let down by Bangalore
water supply case. The triple test formula is surely Pro labour as it seeks to bring more activities within
the Ambit of industrial dispute act 1947. In practical turn the labour forces of the country are much
better position now then they would have been had the amendment section 2(j) be notified as because
the amendment section 2 (J) exclude some categories of employment which squarely comes with the
fold of Rajappa's case. However at the same time its implication with heavily on the organisation
carrying out welfare activities do not intending to be an industry. It's been a long time since the matter
has been disputed so now is the high time that this debate shall be ended.