Contents

Industrial relations.................................................................................................................................2
Trade Union...........................................................................................................................................4
Factories act,1948.................................................................................................................................4
Theories of wages..................................................................................................................................7
Minimum wages act, 1948....................................................................................................................7
Payment of wages act, 1936..................................................................................................................8
Maternity Benefit Act, 1961:.................................................................................................................9
Industrial health and safety.................................................................................................................10
Industrial relations
Definition:
1. Dale yodder: relationship b/w mgmt. and employees that characterixe or grow out of
employment.
2. Int Inst of LS: Social relations of production
3. ILO: relation b/w state and employers’ organization and workers’ or b/w occupational
organisations themselves

Participants:
 Worker and trade union
 Management
 Government

Role of state in unionism:

Labour is a concurrent subject
1. Legislations (protective): payment of wages 1936, factories act 1948, minimum wages 1948,
payment of bonus 1965, apprentice act, equal remuneration act
2. Regulatory legislation: IDA 1947, TU 1926
3. Social sec leg: Employee compensation 1923, ESIC 1948, EPF Act 1952, Maternity benefit
1961, payment of gratuity 1972
4. 5 year plans : 1st nat’l comm on labour- dec 1966,
 2nd nat’l – 1999
5. 4 labour codes subsumed the 29 prexisting laws:
 Industrial relations code
 Code on occupational safety, health and working conditions
 Code on wages
 Code on social security
Evolution:
 ILO 1919 (India permanent member since 1922),
 Ratified 6/8 conventions – (FEADMC)
 Forced labour -29
 Abolition of forced labour- 105
 Equal remuneration -100
 Discrimination -111
 Minimum wage-138
 Child labour- 182
 Did not ratify- freedom of association 87
 Collective bargaining 98
No sanction
 then govt measures – wc, tu, trade disputes, 1929, gratuitiy 1936, employers liability 1938
 Factories act 1934 and payment of wages, passing of Royal commission 1929
 Industrial truce Resolution, 1947 :
 Constitution: DPSP-
i) A 38 – social order for welfare
ii) A39 (equal pay for equal work)
iii) A41- Right to work,education
iv) A42- Provision for just and humane conditions of work and maternity benefit
v) A43: Living wage etc for workers
vi) 43A- Participation of workers in mgmtof industries
 vii) 23: Against trafficking and forced labour
viii) 24: against employment of children in factories

 5 year plans
 2nd : socialistic pattern, industrial democracy
 5th : food nutrition, health
 6th : ESIC, EPFO &Pension scheme extension
 New economic policy
 Eighth: safety , social security
 9th : skill formation
 10th : employment generation
 11th : sill dev policy. 2008
 12th :
 2nd nat’l commission 1999, : 1st : gadendra gatkar 1969
 Ravindra varma, ABV
 Setting up of works committee
Approaches to Industrial relations:
 Systems :
 John Dunlop 1958 influenced by Talcott parsons
 Every human to different continuous systems which frame actions and behaviours.
 3 variables: actors, context (Market, Technology and Power dis of union)and ideology
 R=f{A,T,M,P,I}
 Unitary:
 Conflicts are non permanent malformations
 Pluralist:
 Organization has individuals with own distinct aim, objectives, leadership etc
 Multistructured organization with continued tension
 Competing interests, mgmt. to ediate
 TU are legitimate representative of employees (desireable and necessary)
 Marxist:
 Activities governed by objective of profit
 Conflict (class) required for social change
 TU as weapon for revolutionary social change
 Sociological:
 Social and cultural changes shape behavior patterns
 Margerison , 2 levels ntra plant and outside the firm
 Rejects system and oxford model (rule making through collective bargaining)
 Gandhian:
 Strike on condition of . specific grievance, non-violence and non torment of strikers
 Last option
 Ahemdabad textile
 Every assocaiaiton a JV and labour treated as coowner Trusteeship
 Solve through interaction, arbitration and bilateral negotiations
 Psychological:
 Mindset of actors
 Mason Harie conducted a test ‘thematic application test ’ for 2 workgroups
 Noted difference in belief, lack of trust, think other lack emotional attributes, thus negative
image
 Human relations:
 Elton Mayo, propagated by Roethlisberger, whitehead, whyte and roman.
  The organization & society coprise of human beings who vary in aspect of their behavior,
mindset , personality but come together to achieve common organizational goals

Trade Union
 Defined in 2(h) TU act and 2(zl) IR code :Temporary or permanent, voluntary and continuous,
purpose of regulating the relations b/w w &w, e &e and w&e and imposing restrictive condition
on conduct of any trade, business and includes federation of 2 or more union
History:
3 phases RP Dutt:
 Mercantilst , Industrial capital and Finance capital
 Post independence
History:
 Factories on ports
 1860, Diabandhu Mitra , plantation workers against cultivators Indigo commission was
appointed.
 1870 Sasipada bananerjee, working club and a newspaper Bharat Shramjeevi
 1875, Sorabji Shapoorji protest 1881 act
 1877 empress mill strike
 1880: NM lokahnde : Bombay Mill and millhands association 1890
 G I Peninsular railway protest
 Swadeshi: After tilak’s arrest
 Madras labour union: BP Wadia, 1918
 Soviet union, comintern and ILO
 AITUC: 1920 Lala lajpat rai
 TU Act, 1926
 Cawnpore conspiracy case, 1924
 TU disputes act, 1928
Act:

 Marx
 Weber
 Hoxie: group psychology
 Tannerbaum: movement against dominance of machine
 Seling Perlman: Scarcity consciousness theory:
 Slither: individual bargaining unsatisfactory
 Kerr, Dunlop, harbison, Myers: protest theory – protest inherent in industrial
 Gandhi: Sarvodaya

Industrial disputes Act, 1947:

 1st april 1947

Factories act,1948
 To maintain adequate safety and health and welfare
 Whole of india (01.04.49)
Competent person S 2(c): personas such recognized by the chief inspector for carrying
out test, examination and inspectionin factory,
Can be more than one
Hazardous products 1st schedule: SG may amend
 Material impairment to health
 Pollution to gen env.
Manufacturing  Making, altering etc
process 2K  Pumping of oil etc
 Generating etc
 Composing types for printing etc
 Fitting, finishing etc
 Preserving /cold storage

Worker 2 L Directly or by agency/ wor w/o knowledge in manu or cleaning or

work incidental
 No armed forces
Factory 2M  In power aided 10 or more
 In non power aided 20 or more
On any day of the preceeding 12 months
But not:
 Mine under mines act
 Mobile unit of armed force
 Railway running shed
 Hotel, restaurant or eating place

Occupier 2N Has ultimate control over affairs of the company

Health Cleanliness (s11):
Chapter iii  Cleaning once every week
S 11-20  Whitewash/ colorwash 14 months
 Repair every 5 years
 Repair/varnish every 5 years
Disposal of wastes and effluents (s 12

Ventilation and temperature (s 13)

Dust and fume (s 14) exhaust

Artificial Humidification
Overcrowding: 14.2 cubic metre

Lighting

Drinking water : 250 workers cool drinking water, 6 metres away

 Latrine and urinals: 7 days cleaned
Spitoons:
Safety chapter 4
Hazarduous Hazarduous p - stare govt site appraisal committee report 
process 90 days call for info
Chapter IV A S 41
Responsibility of  Detailed policy of health
occupier  Disclose info regarding the health hazards
 Emergency plan and detailed disaster control  worker and GP
 Measures for handling hazardous
 Health record of employees
CG powers  Safety committee equal no. mgmt. and works

Welfare Washing (s42):

Chapter v
Storing and drying cloth
Sitting facilities
First aid: (s45):
 Not less than for 150 workers
 Ambulance in more than 500 workers
Canteens: 250 workers
Sheltrs, rest rooms, lunch rooms: > 150 workers
Creches: 30 women, children <6
Welfare officers If > 500 workers
Working hour Not more than 9 hours
adults (c6) Not exceed 5 hour period + 30 min break
With break not more than 10.5 hr
Not more than 48 hrs a week
Weekly holiday Not on 1st day unless
b/f or after 3 days , one day holiday
notice to inpector for work
Compensatory Same month or in 2 months
holiday
Overtime If > 9 hr or 48 hr, wages twice his rate

Women  6 am to 7 pm
employment  Govt may 10 pm to 5 am
Employment of  Not until 14th year
children
Adolescent Certificate of fitness, as child if 14 , as adult if 15
Valid for 12 months renewed every 12 months
Working hours for 4.5 hrs, 2 shifts
children Female only 8 am and 7 pm
 Annual wages and Worked 240 days in PY, can get leave for
leave (s VIII)  Adult- 1 day for every 20 days worked
 Child -15
240 days – layoff by agreement, maternity leave of 12 weeks, leave in
the prior year.
 Can carry forward- A 30, c- 40, leave refused carry forward
w/o any limit
 15 days notice, 3o days in case of public utility service.
 Wages – daily average of the month (DA and advantage
included but bonus overtime no)
 Leave enchashment in case of termination, quitting etc – 2nd
working day
In case of death or superannuation , within 2 months
Penalty 2years or fine 1,00,000 or both, continued 1000 per day
Accident – death - 25000, or serious bodily injury- 5000
Enhanced penalty- repaeated offence- 3 years and fine 10,000 to
2,00,000, resons for firn less than 10,000
 Willful obstruction- 6 months or 10000 or both
 Hazarduous process- 7 years, 2 lakh continues 5000/ day,
continues beyond a year imprisonment 10 years
 Workers- fine 500
 False fitness certificate- 2 months or 1000
 Child – guardian 1000 unless w.o connivance of parents

 Occupier to send notice 15 days from occupyinh and 7 days from new management (S7)
 Duties (s7A): Health, safety and welfare
 Inspector: Appointment s8 (SG) and powers (S9)
 Certified surgeons (s 10):
 No double employment
 Register of adult workers to be maintained

Theories of wages
 Money
 Real
1. Subsistence theory: David ricardo (depends on subsitence level,) ignores role of demand and trade
union
2. Wage fund theory: J S Mill, Depends upon the wage fund set up and no. of workers seeking
employment, reducing no of workers raise wages, only applicable to underdevd countries with capital
deficiency.
3. Purchasing power parity theory: Business cycle and wages, spending etc
Pigou – a cut in wages would ensure full employment
4. Residual claimant theory: walker, wages are residue after other factors have been paid
5. Marginal productivity theory: J. B. Clark, Marshall, Jevons (PC and perfectly mobile labour
assumption)
6. Bargaining theory of wages: John Davidson (negotiations
7. Efficiency theory: Alfred marshall
8. Demand and supply theory
Wage board : A CP, 2 Employee and worker rep each ,2 independent to rep economist and consumer. Apt
govt w consultation with CJ HC OR SC
Minimum wages act, 1948 (ILO res 138) (15.03.1948)
Definitions:
2 d : cost of living index:
2(e) : Employer: person who employes directly or indirectly for himself or on behalf in any scheduled
employment except s 26(3)
2 (h): Wages: remuneration capable of being expressed in terms of money, which in terms of
contract of employment express or implied be payable includes HRA but not
 House accommodation, light,water
 Other amnety or service
 Contributionof employer to Pension fund
 TA
 To defray special expenses
 Gratuity payable on discharge
 2(i) employee: employed for hire and award to work skilled, unskilled, manual , clerical in
scheduled employment, outworker but not his own premises + govt declared not armed forces
 Scheduled employment: Part 1 and part 2 (agriculture related)- no need if state has less than
1000 people employed in such
 Minimum wage may be fixed by the hour, day, month or other larger period prescribed as
prescribed in s 4 of the payment of wages act, 1936
 Review in 5 years
 No minimum wage fixing in pendency of proceedings
 Procedure for minimum wage;
 Set up committee
 Noificaioin 2 months time , also consult advisory board
 Come into force on expiry of 3 months from date of issue
 Advisory board (s7):, central advisory board and commite composiiion- employee and employer
equal number not exceeding 1/3rd
 Wages for someone working lesshan normal working day: full day
 Employer not able to provide work or other prescribed circumstances
 Nearest market prices to be considered for cash value of kind wages and essential commodities
provided a concessional rae.
 Payment in
 Below 1000 employee – 7th day
 Above – 10th
 Deductions: anything paid to the employer, prior approval of inspector or consent of worker,
cannot exceed: excess from succeeding wage period
 75% for payment to consumer cooperatives
 50% in any other case
 Fines for damages or loss
 Weekly day of rest- generally Sunday but maybe other
 Claims: Government may appoint appropriate authority labour commissions, workmen
compensation comm, officer not b/l LC, to hear
 Within 6 months, may extend
 Direct to pay compensation + wage not exceeding 10 times
 May hear ex parte if fails to appear (employer), applicant fails dismissed
 Set aside if sufficient cause within 1 month
 50 r penalty for vexatious application
  Registers to be maintained: fines, deductions, annual return, muster roll, wage register, wage
slip (A day prior to wage disbursement), preserved upto 3 years from last entry made therin.
 Filing annual return by 1st of February
 Minimum rate in form IX A published in English and lang understood by workers
 Minimum wage cannot be contracted out
 Punishment- 6 months or 500 or both, in general cases no penalty if 500 rs
 Complaint within 1 month or 6 months in case of 22A
 Powers of appropriate govt:
 May direct not applicable to disabled or (s 26)
 Add any employment in the schedule (s27)
 Power to make rules (s 29,30)
See minimum wages bare act,

Payment of wages act, 1936

 28th march, 1937
 Applicable upto 18,000/month
 Employer/ employee includes legal representative
 Wages does not include same
 Responsibility for payment of wages:
 Factory- manager
 Industrial – supervision or control
 Railway- local area nominated person
 Contractor, designated as such
 Fixing wage- any perid but not exceeding monthly

EPFO ACT, 1952

Applicability S 1(3)
a)schedule 1 +20 (CG may add to it s 4)
b) 20 or more govt classifies (2 month notice)
4) any other circumstance cpfc and employer and majority employee agree
Continues to apply once applies even falls below 20
Non – applicability S 16(1):
 Cooperative society or any other law below 50 workers
 CG or SG when employees entitled to benefit of Contributory PF or old age
pension scheme
 Or any other such as per govt rules entitled to CPF or Pension old age
Employee PF S 5, fund vest in central board u/s 5A, which provides for all or any matter
Schemes prescribed under Schedule II
Central Board (5A)  Composition
CP,VCP,CPFC, 5 CG appointed, 15 rep of SG , 10 employer rep, 10 employee
rep,
 Administer funds under 6A and 6C.
 Annual report of work to CG
 Executive committee to assist, 5AA
 State Board (5B)  After consultation w SG a state board of trustees, body corporate
Appointment of UPSC
officers (s 5D)
Contribution S 6 10 % (BW+DA+RA) by employer and employee equal, employee may more but
employer not liable
In some cases, 12 %
Pension Fund s 6A  For the purpose of providing:
a) Superannuation, retirement, permanent total disablement
b) Beneficiary (Widow/er, children, orphan)
 Paid by employer – 8.133 till 58 years
 administered by central board for schemes under schedule III

Employees Deposit  EDLIS from 01.09.76 except tea factories in assam
linked Insurance  Wage ceiling limit – 15000/month
scheme: 6C  Above it pay, contri only till 15000+ DA+RA+ Cash value of food concession
 Insurance benefit b/w 2.5 L to 6 L
 Life insurance benefit to employer
 1% by employer, shall 1/4th of this contri extra, CG determining cost of the
administration of insurance.
 Central board of all matters under schedule IV

ESIC Act, 1948

 Applicable to factories except seasonal including those of govt, app govt may extend, once
applicable continues
Maternity Benefit Act, 1961:
 Employing 10 or more persons
 Commisioning mother: s 3(ba): a biological mother who uses her egg to create an embryo
implanted in any other woman.
 No employment of women 6 weeks after delivery, miscarriage or MTP (by other, or own)
 NO arduous work to any woman, 1 month immediately preceeding the 6 weeks before the date
of expected delivery.
 Payment of MB at rate of avg daily wage, absence IP, on AND IS the delivery, Avg Daily wage, of
3 months b/f her absence or 10 rupee whichever higher
 Eligible if worked 80 days in the 12 months IP
 Max- 26 weeks, 8 weeks max before delivery
 In case of 2 or more surviving children, 12 weeks , max 6 week b/f
 Dies, to hat period
 Gives birth dies after,entire period
 Child dies upto child death
 Adopts below 3 months or commissioning, 12 weeks
 May work if from home mutually agreed terms
 Claim for MB: b/f in writing – or after delivery as soon as possible
 Paid to her or as nominated
 Prompt payment of before delivery period, and payment in 48 hrs of production of such
proof
 Creche: 50 employees, 4 visits a day + rest
 Nursing breaks: 2 breaks of 15 minutes for nursing in addition to nursing, 15 months child
 Penalty: s 21
 No payment of MB or dicharges or dismisses on account of absence during this period: 3
months – 1 year, 2000 --- 5000
 Contravention  1 year and 5000, recover MB as fine & give to person
 2500-3500 medical bonus if no pre natal confinement and post natal care, can increase subject
to 20,000 every 3 years
 2 weeks leaves for tubectomy operation
 1 month additional in case of illness
 Appeal of dismissal within 60 days
 Any aggrieved woman, office bearer of regd TU or an inspector can file a complaint not later
than 1 year.
Industrial health and safety:
 Safety compliances – OHSHAS (occupational health and safety assessment series) 9000, 14000
 Nat’l safety day: 4th march
Theories:
 Psychological
 Structural
 Psycho sociological
Responsibility:
 Employer:
 Manager
Safety officer:
 1000 employees or more or in hazardous as govt thinks necessary
