LABOUR LAWS IN INDIA

References (97)

1. Working Journalists (Fixation of Rates of Wages Act, 1958
2. III. Laws related to Working Hours, Conditions of Service and Employment such as: 8. Factories Act, 1948.
3. Working Journalists and other Newspaper Employees' (Conditions of Service and Misc. Provisions) Act, 1955.
4. Motor Transport Workers Act, 1961.
5. Contract Labour (Regulation & Abolition) Act, 1970.
6. Sales Promotion Employees Act, 1976.
7. Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.
8. Building & Other Construction Workers (Regulation of Employment & Conditions of Service) Act, 1996.
9. Building and Other Construction Workers Welfare Cess Act, 1996
10. Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
11. Dangerous Machines (Regulation) Act, 1983
12. Dock Workers (Regulation of Employment) Act, 1948
13. Dock Workers (Regulation of Employment) (Inapplicability to Major Ports) Act, 1997
14. Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
15. Mines and Mineral (Development and Regulation Act, 1957
16. IV. Laws related to Equality and Empowerment of Women such as: 30. Maternity Benefit Act, 1961 31. Equal Remuneration Act, 1976.
17. V. Laws related to Deprived and Disadvantaged Sections of the Society such as: 32. Bonded Labour System (Abolition) Act, 1976
18. Child Labour (Prohibition & Regulation) Act, 1986 34. Children (Pledging of Labour) Act, 1933
19. VI. Laws related to Social Security such as: 35. Workmen's Compensation Act, 1923.
20. Employees' State Insurance Act, 1948.
21. Employees' Provident Fund & Miscellaneous Provisions Act, 1952. 38. Payment of Gratuity Act, 1972.
22. Employers' Liability Act, 1938 40. Beedi Workers Welfare Cess Act, 1976
23. Beedi Workers Welfare Fund Act, 1976 42. Cine workers Welfare Cess Act, 1981 43. Cine Workers Welfare Fund Act, 1981 44. Fatal Accidents Act, 1855 45. Iron Ore Mines, Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act, 1976
24. Carbon disulphide poisoning.
25. Benzene poisoning, including poisoning by any of its homologues, their nitro or amido derivatives or its sequelae.
26. Chrome ulceration or its sequelae.
27. Anthrax.
28. Silicosis.
29. Poisoning by halogens or halogen derivatives of the hydrocarbons of the aliphatic series.
30. Pathological manifestations due to (a) radium or other radio-active substances.
31. X-rays.
32. Primary epitheliomatous cancer of skin.
33. Toxic anaemia.
34. Toxic jaundice due to poisonous substances.
35. Oil acne or dermatitis due to mineral oils and compounds containing mineral oil base. 19. Byssionosis.
36. Asbestosis.
37. Occupational or contract dermatitis caused by direct contract with chemicals and paints. These are of two types, that is primary irritants and allergic sensitizers.
38. Noise induced hearing loss (exposure to high noise levels).
39. Beriyllium poisoning.
40. Carbon monoxide 25. Coal miners' pnoumoconiosis.
41. Phosgene poisoning.
42. Occupational cancer.
43. Automobile repairs and maintenance including processes incidental thereto namely, welding, lathe work, dent beating and painting.
44. Brick kilns and Roof tiles units.
45. Cotton ginning and processing and production of hosiery goods.
46. Detergent manufacturing.
47. Fabrication workshops (ferrous and non ferrous)
48. Handling of chromite and manganese ores.
49. Jute textile manufacture and coir making.
50. Lime Kilns and Manufacture of Lime.
51. Lock Making.
52. Manufacturing processes having exposure to lead such as primary and secondary smelting, welding and cutting of lead-painted metal constructions, welding of galvanized orzinc silicate, polyvinyl chloride, mixing (by hand) of crystal glass mass, sanding or scraping of lead paint, burning of lead in enameling workshops, lead mining, plumbing, cable making, wiring patenting, lead casting, type founding in printing shops. Store type setting, assembling of cars, shot making and lead glass blowing.
53. Manufacture of cement pipes, cement products and other related work.
54. Manufacture of glass, glass ware including bangles, florescent tubes, bulbs and other similar glass products.
55. Manufacture of dyes and dye stuff.
56. Manufacturing or handling of pesticides and insecticides.
57. Manufacturing or processing and handling of corrosive and toxic substances, metal cleaning and photo engraving and soldering processes in electronic industry.
58. Manufacturing of burning coal and coal briquettes.
59. Manufacturing of sports goods involving exposure to synthetic materials, chemicals and leather.
60. Moulding and processing of fiberglass and plastic.
61. Oil expelling and refinery. 40. Paper making.
62. Potteries and ceramic industry.
63. Polishing, moulding, cutting, welding and manufacturing of brass goods in all forms.
64. Processes in agriculture where tractors, threshing and harvesting machines are used and chaff cutting.
65. Saw mill -all processes.
66. Sericulture processing.
67. Skinning, dyeing and processes for manufacturing of leather and leather products.
68. Stone breaking and stone crushing.
69. Tobacco processing including manufacturing of tobacco, tobacco paste and handling of tobacco in any form.
70. Tyre making, repairing, re-treading and graphite benefication.
71. Utensils making, polishing and metal buffing.
72. 'Zari' making (all processes)'.
73. Electroplating;
74. Graphite powdering and incidental processing;
75. Grinding or glazing of metals;
76. Diamond cutting and polishing;
77. Extraction of slate from mines;
78. Rag picking and scavenging. Ban on employment of children Ban on employment of children as domestic servants or in dhabas (roadside eateries), restaurants, hotels, motels, teashops, resorts, spas or in other recreational centers is now in force from 10 th October 2006 under the Child Labour (Prohibition & Regulation) Act, 1986. The Union Ministry of Labour had earlier issued a notification giving three-month mandatory notice. The Ministry has warned that anyone employing children in these categories would be liable to prosecution and other penal action under the Act. Rehabilitating Children The Labour Ministry has sought necessary support from the State Governments in enforcing the ban on employment of children as domestic servants and also in eateries etc. In a letter to the Chief Ministers, the Minister for Labour and Employment has also sought their support in rehabilitating 3. Drafting of regulations, rules, laws or orders and their construction and interpretation.
79. Position classification, including overall direction of job analysis, salary and wage administration, wage survey and pay schedules.
80. Recruitment and employment of workers and other staff.
81. Employment testing, including intelligence tests, mechanical aptitude tests and achievement tests.
82. Placement, including induction and assignment.
83. Training of apprentices, production workers, foremen and executives.
84. Employee counselling on all types of personnel problems-educational, vocational, health or behaviour problems.
85. Medical and health services.
86. Safety services, including first aid training.
87. Group activities, including group health insurance, housing, cafeteria programmes and social clubs.
88. Suggestion plans and their uses in labour, management and production committees.
89. Employee relations, especially collective bargaining with representatives and settling grievances.
90. Public relations.
91. Research in occupational trends and employee attitudes and analysis of labour turnover.
92. Employee records for all purposes.
93. Control of operation surveys, fiscal research and analysis.
94. Benefit, retirement and pension programmes. Functional Requirements of A Successful Industrial Relations Programme The basic requirements on which a successful industrial relations programme is based are:- 9) Payment of Gratuity Act, 1972 10) Industrial Disputes Act, 1947
95. Apart from the Chief Labour Commissioner, the Central Industrial Relations Machinery consists of the following officers: i. Assistant Labour Commissioner (Central) -Assistant Labour Commissioners have been declared inspectors under all the enactments enumerated above, except Equal remuneration Act, 1979 and Payment of Gratuity Act, 1972. They are conciliation officers under the Industrial Disputes Act (Section 4). They intervene and prevent the industrial disputes and maintain harmonious Industrial Relations. A.L.Cs(C) are also controlling authorities under the Payment of Gratuity Act, 1972 (sec.3), Authorities under the Equal remuneration Act, 1979 (Sections 7) and Registering and Licensing Officers (Sections 6 and 11 respectively) under the Contract Labour (Regulation & Abolition) Act, 1970. As controlling authorities under the payment of Gratuity Act, 1972 (sec. 3), and Authorities under the Equal remuneration Act, 1979 (Sections 7), they decide the claim cases filed before them under these acts. ii. Labour Enforcement Officer (Central) -The Labour Enforcement officer (C) have been declared inspectors under all the above enactments in the industries / establishments in the Central Sphere. All officers having independent offices are also Conciliation officers under section 4 of Industrial Disputes Act, 1947. They have also been declared supervisors of the railways employees, as per the provisions of the Indian Railways Act. iii. Joint Chief Labour Commissioner(C)-The Jt. CLC(C) handles important Industrial Disputes of all India nature. He is also appellate authority under Industrial Employment (Standing Orders) Act.
96. iv. Deputy Chief Labour Commissioner(C) -The Dy. CLCs(C), besides, coordinating, monitoring and supervising the activities of the regional offices, also handle important Industrial Disputes referred to or apprehended in the zone effectively. Dy. CLC(C)s as appellate authority under IE(SOs) Act, dispose of appeals arising out of certification of standing orders by RLC(C)s. The Dy.CLCs(C) are authority for deciding cases of same or similar nature of work and condition of wages of contract labour under Rule 25 (2)(v)(a) and 25(2) (v) (b) of CL(R&A) (Central) Rules respectively. v. Regional Labour Commissioner -RLC(C)s are the Authority under Minimum Wages Act. They decide cases of payment of wages less than minimum rate of wages fixed, filed before them, as provided under sec. 20 of the Minimum Wages Act. They are 15. BIBLIOGRAPHY
97. Ministry of Labour and Employment , Government of India : http://labour.nic.in/ A. Main Secretariat of Ministry of Labour and Employment vii. Industrial Relations division : http://labour.nic.in/ir/welcome.html viii. Child and Women Labour Division: http://labour.nic.in/cwl/welcome.html ix. Directorate General, Labour Welfare : http://labour.nic.in/dglw/welcome.html x. Economic and Statistics Division xi. International Labour Affairs Section: http://labour.nic.in/ilas/welcome.html xii. Labour Conference Section: http://labour.nic.in/lc/welcome.html B. Attached Offices v. Office of the Chief Labour Commissioner ( Central), New Delhi (Also known as Central Industrial Relations Machinery) : http://labour.nic.in/clc/welcome.html vi. Directorate General, Employment and Training, New Delhi : http://www.dget.nic.in/ vii. Labour Bureau, Chandigarh : http://labourbureau.nic.in/ viii. Directorate General,Factory Advice Service and Labour Institutes, Bombay C. Subordinate Offices iii. Directorate General, Mines Safety, Dhanbad iv. Office of the Welfare Commissioner, Allahabad, Bangalore, Bhubaneshwar, Calcutta, Hyderabad,Jabalpur, Karma(Bihar) and Nagpur D. Adjudicating Bodies Central Government Industrial Tribunal-cum-Labour Court No.1 Dhanbad(Bihar) and No.1 Mumbai and at Asansol, Calcutta, Jabalpur, New Delhi, Chandigarh, Kanpur, and Banglore E. Arbitration Bodies Board of Arbitration (JCM), New Delhi F. Autonomous Organizations v. Employee Provident fund Organisation, Head Office -New Delhi : http://www.epfindia.com/ vi. Employee State Insurance Corporation, Head Office -New Delhi: http://esic.nic.in/ vii. V.V.Giri National Labour Institute, NOIDA, (U.P) viii. Central Board for Workers' Education, Nagpur