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Chapter No. 04:
Labour welfare Acts of Government.
Introduction.
Conceptual Issues of Labour Legislations.
Need of Labour Legislation in India.
Purpose of Labour Legislation.
Labour Laws.
Various Labour Laws of India.
Labour Policy of India.
The Minimum Wages Act, 1948.
The Employee's State Insurance Act, 1948.
Maternity Benefit Act, 1961 and Workmen’s
Compensation Act, 1923.
The Bombay Shops’ & Establishments Act, 1948.
The Ministry of Labour & Employment of India.
Employees Provident Fund Organisation (EPFO).
The Maharashtra Labour Welfare Fund Act, 1953.
International Labour Organization.
National Labour Cooperatives Federation of India
Ltd (NLCF).
Labour Welfare Officer.
References
126
Introduction:
Industrial progress depends on satisfied labour force and in
this connection the importance of labour welfare measures was
accepted long back. Way back in 1931 the Royal Commission on
Labour stressed the need of labour welfare primarily because of the
harsh treatment meted out to the workers. This need was further
emphasized in independent India by the Constitution, which lays
down the following articles in this regard:1
“Article 42: The state shall make provision for securing just
and humane conditions of work……”
“Article 43: The state shall endeavour to secure by suitable
legislation or economic organization or in any other way, to
all workers agricultural, industrial or otherwise, a living
wage, conditions of work ensuring a decent standard of life
and full enjoyment of leisure and social and cultural
opportunities…..”
Discussing the importance of the labour welfare S.T.
Edwards (1953) said: “One can buy a man’s time, his physical
presence at a particular space, even a few muscular movements,
but enthusiasm, initiative, loyalty and devotion to duty cannot be
bought. They will have to be created through right employer-
employee relations, provision of constructive opportunities for
satisfying the major motivating desires of human action. “
127
Conceptual Issues of Labour Legislations:
Labour in the broadest sense of the term, may be defined as
any ‘hand’ or ‘brain’ work, which is undertaken for a monetary
consideration. The term 'labour legislation' is used to cover all the
laws which have been enacted to deal with employment and wages,
working conditions, industrial relations, social security and welfare
of workers employed in industries. Labour Legislation refers to all
the laws of government which have been enacted to provide social
and economic security to the labour or worker. Labour law also
known as employment law is the body of laws, administrative
rulings and precedents which address the legal rights of, and
restrictions on, working people and their organizations. As such, it
mediates many aspects of the relationship between trade unions,
employers and employees. In other words, labour laws define the
rights and responsibilities of workers, union members and
employers in the workplace.2
Need of Labour Legislation in India:
Organized industry in a planned economy calls for the spirit
of co-operation and mutual dependence for attaining the common
purpose of better production. In India, labour legislation is treated
as an arm of the state for the regulation of working and living
conditions of workers. The need for labour legislation may be
summarized as follows:3
1. To provide for the health, safety and welfare of workers.
2. To protect the workers against oppressive of economically
weak and has little bargaining power.
3. To encourage and facilitate the workers' organizations.
4. To deal with industrial disputes and
5. To enforce social insurance and labour welfare schemes.
128
Purpose of Labour Legislation:
Labour legislation that is adapted to the economic and social
challenges of the modern world of work fulfils three crucial
objectives.4
1. It establishes a legal system that facilitates productive
individual and collective employment relationship.
2. By providing a frame work within which employers, workers
and their representatives can interact with regard to work
related issues, it serves as an important vehicle for achieving
harmonious industrial relations based on democratic value at
workplace.
3. It provides a clear and constant reminder and guarantee of
fundamental principles and rights at work which have received
broad social acceptance, and establishes the processes through
which these principles and rights can be implemented and
enforced.
Labour Laws:
Labour law also known as employment law is the body of
laws, administrative rulings, and precedents which address the
legal rights of, and restrictions on, working people and their
organizations. As such, it mediates many aspects of the
relationship between trade unions, employers and employees. In
other words, Labour law defines the rights and obligations as
workers, union members and employers in the workplace.
Generally, labour law covers:5
Industrial relations – certification of unions, labour-
management relations, collective bargaining and unfair labour
practices;
129
Workplace health and safety;
Employment standards, including general holidays, annual
leave, working hours, unfair dismissals, minimum wage, layoff
procedures and severance pay.
There are two broad categories of labour law. First, collective
labour law relates to the tripartite relationship between employee,
employer and union. Second, individual labour law concerns
employees' rights at work and through the contract for work. The
labour movement has been instrumental in the enacting of laws
protecting labour rights in the 19th and 20th centuries. Labour
rights have been integral to the social and economic development
since the industrial revolution.
Various Labour Laws of India:
It would be a Herculean task to cover all the business and
commercial laws governing SMEs in India in the present study, but
however, a humble effort is being made to cover important
enactments with references to labour welfare laws.6
Sr. Name of Act Object / Governing
1 Arbitration and
Reconciliation Act,
1996:
Act relating to alternative in
redressal of disputes amongst
parties.
2 Central Excise Act,
1944:
Act governing duty levied on
manufacture.
3 Competition Act,
2002:
Act to ensure free and fair
competition in the market.
4 Consumer Protection
Act, 1986:
Act relating to the protection of
consumers from unscrupulous
130
traders/manufacturers.
5 Customs Act, 1962: Act dealing with import regulations.
6 Customs Tariff
(Amendment) Act,
2003:
Act that has put in place a uniform
commodity classification code
based on globally adopted system of
nomenclature for use in all trade-
related transactions.
7 Electricity Act, 2003: Act that regulates generation,
transmission, distribution, trading
and use of electricity and generally
for taking measures conducive to
the development of the electricity
industry, promotion of investment
and competition, protection of the
interests of consumers and the
assured supply of electricity to all
areas.
8 Environment
Protection Act, 1986:
Act providing the framework for
seeking environmental clearances.
9 Factories Act, 1948: Act regulating labour in factories.
10 Foreign Exchange
Management Act,
1999:
Act regulating foreign exchange
transactions including foreign
investment.
11 Income Tax Act, 1961: Act governing direct taxes on
income of all persons, both
corporate and non-corporate as
well as residents and non-residents.
12 Industrial
(Development &
Act governing all industries.
131
Regulation) Act, 1951:
13 Information
Technology Act, 2000:
Act governing e-commerce
transactions.
14 The Prevention of
Money Laundering
Act, 2002:
Act preventing money laundering
and providing for confiscation of
property derived from, or involved
in, money laundering.
15 The Patents Act, 1970
with Patents
(Amendments) Act,
2004:
The Act amends the Patent Act,
1970 to extend the product patent
protection to all fields of
technology, including drugs, foods
and chemicals.
16 Value Added Tax Act,
2005:
Act governing the levy of tax on
sales.
17 Securitization and
Reconstruction of
Financial Assets and
Enforcement of
Security Interest Act,
2002 :
Act seeking to put in place
securitization and asset foreclosure
laws creating a legal framework for
the establishment of Asset
Reconstruction Companies.
18 The Special Economic
Zones Act, 2005:
Provides a long-term, stable policy
framework and establishes a single-
window clearance mechanism for
the establishment, development
and management of SEZs and units
operating in such zones. An SEZ is a
specifically delineated duty-free
enclave and shall be deemed to be
foreign territory for the purposes of
132
trade operations and duties and
tariffs.
19 Payment of Wages
Act, 1936:
The Payment of Wages Act was
enacted during the British Rule in
1936 on the recommendations of
the Royal Commission on Labour.
The Act regulates the payment of
wages to workers and ensures that
they are disbursed by the employers
within the stipulated time frame
and without any unauthorized
deductions.
20 Contract Labour
[R&A] Act 1970:
Every principle employer who
intends to employ contract Labor in
his Establishment/Factory shall
make an application in specified
form to the concerned authority of
the area in which the establishment
sought to be registered is located.
21 Payment of Bonus Act
1965:
The payment of Bonus Act is
applicable to every factory and
every other establishment in which
twenty or more persons are
employed on any day during an
accounting year excluding some
categories of employees as
contained in section 32 of the Act
(i.e. employees in Life Insurance –
Corporation, seamen, port and dock
133
workers, universities, etc.).
22 Minimum Wages Act: A Minimum Wages Bill was
introduced in the Central
Legislative Assembly on 11.4.48 to
provide for fixation of minimum
wages in certain employments. It
was passed in 1948 and came into
force with effect from 15.3.48.
23 Dock Workers (Safety,
Health & Welfare) Act,
1986P:
contains provisions for the health,
safety and welfare of workers
working in ports/docks.
24 Mines Act, 1972: Contains provisions for measures
for the health, safety and welfare.
25 Maternity Benefit Act,
1961:
Regulates employment of women
before and after child birth and
provides for 12 weeks maternity
leave, medical bonus and certain
other benefits.
26 Payment of Gratuity
Act, 1972:
Provides for payment of gratuity @
15 days’ wages for every completed
year of service or part thereof, in
excess of seven months.
The Labour Laws can be categorized under the following four
broad categories, namely:
1. Labour Laws enacted by Central Government and also
enforced by Central Government.
2. Labour Laws enacted by Central Government enforced by both
Central Government as well as State Government
134
3. Labour Laws enacted by Central Government and enforced by
the State Government.
4. Labour Laws enacted and enforced by State Government (The
List given herein is restricted to labour laws frequently
encountered by Industries in Maharashtra)
Labour Policy of India:
Labour policy in India has been evolving in response to
specific needs of the situation to suit requirements of planned
economic development and social justice and has two fold
objectives, namely maintaining industrial peace and promoting the
welfare of labour.
Labour Policy Highlights:
Creative measures to attract public and private investment.
Creating new jobs
New Social security schemes for workers in the unorganized
sector.
Social security cards for workers.
Unified and beneficial management of funds of Welfare
Boards.
Reprioritization of allocation of funds to benefit vulnerable
workers.
Model employee-employer relationships.
Long term settlements based on productivity.
Vital industries and establishments declared as `public
utilities`.
Special conciliation mechanism for projects with investments
of Rs.150 crores or more.
135
Industrial Relations committees in more sectors.
Labour Law reforms in tune with the times. Empowered body
of experts to suggest required changes.
Statutory amendments for expediting and streamlining the
mechanism of Labour Judiciary.
Amendments to Industrial Disputes Act in tune with the times.
Efficient functioning of Labour Department.
More labour sectors under Minimum Wages Act.
Child labour act to be aggressively enforced.
Modern medical facilities for workers.
Rehabilitation packages for displaced workers.
Restructuring in functioning of employment exchanges.
Computerization and updating of data base.
Revamping of curriculum and course content in industrial
training.
Joint cell of labour department and industries department to
study changes in laws and rules.
The Government has enacted a number of legislations in the
area of Social Security for the workers. The important Acts in this
regard are the Minimum Wages Act, 1948, The Payment of Bonus
Act, 1965, Workmen's Compensation Act, 1923 (now renamed
Employees Compensation Act, 1923), The Bombay Shops’ &
Establishments Act, 1948, The Employees Provident Fund and
Miscellaneous Provisions Act, 1952, the Maternity Benefit Act,
1961, the Payment of Gratuity Act, 1972 and the Employees State
Insurance Act, 1948. Several initiatives have been recently taken to
accord larger benefits to workers under these Acts as detailed
below:7
136
The Minimum Wages Act, 1948:
General: The need for a country of having minimum wage
fixing machinery was stressed by the International Labour
Organization long back in 1928. Twenty years later our
country passed The Minimum Wages Act, 1948. The reason
given by the government for passing the Act was that workers
organization in the country was poorly developed and
consequently their bargaining power also was very poor. The
act is a boon to a large number of poorly paid persons in this
country.
Applicability: The Minimum Wages Act, 1948 is applicable
to various schedule of employment, which are notified by the
appropriate Government from time to time. At present in
Maharashtra Minimum Wages Act is applicable to about 70
(Seventy) Schedule of employment. The Act is applicable to all
types of employees i.e. whether they are Monthly rated, Part-
Time employees, daily rated or piece rated employees, casual,
temporary or permanent employees.
Procedure of fixing Minimum Wages : The appropriate
government has to fix and revise minimum wages either - by
appointing one or more committees and sub-committees
consisting of representatives of employers and employees and
also of independent persons to hold necessary enquiries and
by taking into consideration the advice tendered by the
committee or committees, or by formulating and publishing its
proposals and taking into consideration the representations
received in response to the proposals.
137
What Minimum Wages Consist?
The Minimum Wages consist of:
a) Basic rate of wages and special allowance or cost of living
allowance or
b) Basic rate of wages with or without cost of living allowance or
c) All inclusive rates, cost of living allowance and the cash value
of the concessions if any.
Basic Wages: Once the appropriate Government declares by
its notification the Basic rate of wages for the particular
schedule of employment, than it remains constant throughout
till the Government revises it by another notifications.
Special allowance or cost of living allowance:
Generally the said allowance declares by the appropriate
authority at the fixed intervals. At present in Maharashtra the
period of special allowance is for six months i.e. January to
June & July to December.
How to pay minimum wages: The minimum wages
payable under the Act must be paid in cash. However,
employer can pay them in kind with the permission of the
appropriate Government.
138
Classification of employees:
The appropriate Government classified the employees for the
purpose of declaring Basic wages as per the notifications. The
employees are classified as under:
i. Highly skilled: The employee who is a degree holder for a
particular job of work and performs the job independently
applying his own mind to do the assigned job i.e. Engineers,
Doctors, Artists, etc.
ii. Skilled: Skilled employee is one who is capable of working
efficiently, exercising considerable independent judgment and
discharging his duties responsibly i.e. Turner, Fitter etc.
iii. Semiskilled: Employee is one who does work generally of a
well-defined routine nature wherein major requirements is not
so much of the judgment, skill and dexterity, but of proper
discharge of duties assigned to him for a relatively narrow job
and important decisions are made by others.
iv. Unskilled: Employee is one who does operations that involve
the performance or previous experience although a familiarity
with the occupational environments is necessary. i.e. Helper,
Peons etc.
Different Zones:
The Minimum wages declares by the appropriate
Government differs with different Zones. The different Zones are
also notified in the Government Gazettes. Generally there are three
Zones but sometimes Government declares less than 3 Zones or
139
more than 3 Zones for a particular schedule of employments. The
Zones comprises of8 –
Zone I – All municipal corporations.
Zone II – Shall comprise ‘ A ’ and ‘ B ’ category Municipal
councils and District Head Quarters.
Zone III – Comprises of all other areas not falling in Zone I
and II.
Obligation of the employer:
Where Minimum wages are fixed and enforced under Section
5 in respect of any employment covered by the Act, the employer is
bound to pay to every employee engaged in that employment
wages at a rate of not less than the Minimum rate so fixed and
enforced. Any employer shows his incapability to pay the minimum
wages, than it is irrelevant whether he has capability to pay or not.
Normal working hours:
The normal working hours prescribed for the employees
covered by the Act is of 9 hours and not more than 48 hours in a
week.
Overtime : An employee covered by the Act works for more than
9 hours on any day or 48 hours in any week, he is entitled to get
Overtime Wages at double the ordinary rate of wages.
Records to be maintained:
1. Muster Roll cum Wages Register Rule 27 (1)
2. Muster Card cum Wages slips shall be issued to employees every
month Rule 27 (2)
140
3. Bound Inspection Book (Rule 28)
For records maintained on computer special permission is
required to be taken from the Competent Authority.
Inspectors:
The appropriate Government may, by Notification in the
official Gazette appoint such Persons as it thinks fit to be
inspectors for the purpose of this Act.
Claims:
Every claim for Minimum wages shall be presented to the
Notified officer within six months from the date on which the
Minimum Wages became payable.
Offences:
If any employer – pays to any employee less than the
Minimum rates of wages fixed for that employee’s class of work,
Contravenes any rate or order made by appropriate Government
regarding hours of work. He would be punished with
imprisonment up to six months or with fine up to Rs.500/- or with
both.
Jurisdiction:
Industrial Tribunal has jurisdiction of adjudication upon a
dispute relating to the fixation of Minimum Wages.
141
The Payment of Bonus Act, 1965:9
General: The payment of Bonus Act, 1965 gives to the
employees a statutory right to a share in the profits of his
employer. Prior to the enactment of the Act some employees
used to get bonus but that was so if their employers were
pleased to pay the same.
Object: The object of the Act is to maintain peace and
harmony between labour and capital (i.e. employees &
employers) by allowing the employees to share the prosperity
of the establishment reflected by the profits earned by the
contributions made by capital, management and labour.
Applicability: The Act is applicable to -Every factory, Every
other establishment employing 20 (Twenty) or more persons.
The Government can, however, apply the Act to any
establishment employing less than 20 (Twenty) but not less
than 10 (Ten) persons. The Government of Maharashtra, by a
Notification dt. 11.04.1984 has applied the Act to factories and
other establishment employing 10 or more but less than 20
persons w.e.f. Accounting year 1983. Once the Act applies it
shall continuously remain in force irrespective of number of
employees fall in number i.e. once covered always covered.
142
Calculation of Bonus:
The employee who is drawing salary or wages not exceeding
Rs.3,500/- per month is entitled to get bonus on entire salary
or wages.
The employee who is drawing salary or wages between
Rs.3,500/- per month and Rs.10,000/- per month, the Bonus
payable to him is to be calculated as, if his salary or wages
were Rs.3,500/- per month. An employee getting a salary or
wage exceeding Rs.10,000/- per month is not at all entitled to
get Bonus as per The Payment of Bonus Act.
Minimum & Maximum Bonus:
The employer is bound to pay his employees every year a
minimum Bonus of @ 8.33 per cent of the yearly salary or wage or
Rs.100/- whichever is higher, whether he has allocable surplus or
not. If any year the allocable surplus exceeds the amount of
Minimum Bonus payable to the employees, the maximum Bonus
payable by the employer to his employee in that particular year is
@ 20 per cent of the yearly salary or wages. Hence, Bonus is
payable to the employee between 8.33 per cent and 20 per cent as
per availability of allocable surplus.
Available surplus & allocable surplus:
The Bonus payable under the Act is linked with profits of the
company. The employer has to calculate “Gross Profit” of his
establishment in the manner specified in section 4. Than from
Gross Profit so calculated he has to deduct the sums referred to in
section 6 as prior charges. The balance amount is called available
143
surplus i.e. a percentage of available surplus calculated in
accordance with the provisions of sub-section (4) of section 2 is
called allocable surplus. Where, allocable surplus exceeds the
amount of minimum Bonus payable to the employee, the Employer
must pay to every employee in respect of that year Bonus in
proportion to the salary or wages earned by the employee during
the year subject to maximum of 20 per cent of such salary or wage.
Deductions from Bonus:
In any year the employer has paid any amount to an
employee as customary / pooja bonus than he can deduct such
amount from Bonus payable to the employee for that year. If any
employee is found guilty of misconduct causing financial loss to the
employer can deduct the amount of loss from the amount of Bonus
payable to the employee for the year in which he was found guilty
of misconduct.
Time limit for payment of Bonus:
Bonus must be paid within a period of 8 months from the
close of accounting year as per Income Tax Act i.e. April to March.
2. If any dispute about the payment of Bonus pending before any
authority than Bonus must be paid within one month from the date
of Awards.
Remedy for recovery of Bonus:
If any employer fails to pay Bonus to the employee, he can
make the application for his recovery of Bonus to the competent
Authority & Authority issues a certificate to the collector to recover
the same as an arrears of land revenue i.e. Attachment of Property
144
& Assets. However, the time limit for application to the Authority is
within one year from the date on which Bonus amount became
due.
The Employee's State Insurance Act, 1948:
The Employees State Insurance Act, provides for certain
benefits to employees in case of sickness, maternity and
employment injury. The Act extends to the whole of India. It
applies to all factories (including Government factories but
excluding seasonal factories) employing ten or more persons and
carrying on a manufacturing process with the aid of power or
employing 20 or more persons and carrying on a manufacturing
process without the aid of power and such other establishments as
the Government may specify. A factory or other establishment to
which this Act applies, shall continue to be governed by its
provisions even if the number of workers employed therein falls
below the specified limit or the manufacturing process therein
ceases to be carried on with the aid of power, subsequently. The
Act does not apply to the following:10
i. Factories working with the aid of power wherein less than 10
persons are employed;
ii. Factories working without the aid of power wherein less than
20 persons are employed;
iii. Seasonal factories engaged exclusively in any of the following
activities viz. Cotton ginning, cotton or jute pressing,
decortications of groundnuts, the manufacture of coffee,
indigo, lac, rubber, sugar (including gur) or tea or any
manufacturing process incidental to or connected with any of
the aforesaid activities, and including factories engaged for a
145
period not exceeding seven months in a year in blending,
packing or repackaging of tea or coffee, or in such other
process as may be specified by the Central Government;
iv. A factory which was exempted from the provisions of the Act
as being a seasonal factory will not lose the benefit of the
exemption on account of the amendment of the definition of
seasonal factory
v. Mines subject to the Mines Act, 1952;
vi. Railway running sheds;
vii. Government factories or establishments, whose employees are
in receipt of benefits similar or superior to the benefits
provided under the Act and Indian naval, military or air forces.
The appropriate Government may exempt any factory or
establishments or class of factories or establishments or any
employee or class of employees from the provisions of this Act.
Employees Entitled:
Every employee (including casual and temporary employees),
whether employed directly or through a contractor, who is in
receipt of wages up to Rs. 10,000 p.m. is entitled to be insured
under the E.S.I. Act. However, apprentices engaged under the
Apprentices Act are not entitled to the E.S.I. benefits. Coverage of
part time employees under the ESI Act will depend on whether
they have contract of service or contract for service with the
employer. The former is covered whereas the latter are not covered
under the E.S.I Act. Besides, in the following cases, the employees
have been held to be covered under the Act:
i. persons employed in a canteen of a club,
146
ii. drivers employed by the Transport organization,
iii. persons engaged in distribution and sale of products,
iv. persons carrying administrative work of processing the
orders and executing sales,
v. hawkers employed for sale of products,
vi. employees of cycle stand and canteen run in cinema theatres
by contractors,
vii. members of editorial and administrative staff of a printing
press publishing newspaper,
viii. a home worker rolling beedies at home,
ix. medical representative,
x. persons employed in a hospital attached to and maintained
by factory,
xi. part-time doctor employed for ambulance room,
xii. book binders engaged by a contractor, and
xiii. sales clerk working in a factory.
Maternity Benefit Act, 1961 and Workmen’s
Compensation Act, 1923:
An employer/establishments covered under the E.S.I. Act is
exempt from the provisions of Maternity Benefit Act and
Workmen’s Compensation Act. It is specifically provided that when
a person is entitled to any of the benefits provided by the Act, then
he shall not be entitled to recover any similar benefits admissible
under the provisions of any other enactment.11
147
Employers / Employees Contribution:
The employer is required to contribute at the rate of 4.75 per
cent of the wages paid/payable in respect of every wage period. The
employees are also required to contribute at the rate of 1.75 per
cent of their wages, except when the "average daily wages in a
wage period" are equal to or less than Rs. 50. Employees earning
less than and up to Rs. 50 per day are exempted from payment of
contribution. It is the employers’ responsibility to deposit his own
as well as employees’ contributions in respect of all employees
including the contract labour, into the E.S.I. Account. The
employer may deduct the employees’ contribution from his wages
in respect of the period for which the contribution is payable.
Employee Benefits Sickness Benefit:
Every insured employee is entitled to the cash benefit for the
period of sickness occurring during any benefit period and certified
by a duly appointed medical practitioner if the contributions in
respect of him were payable for not less than (78 days) in the
corresponding contribution period. However, in the case of a newly
appointed employee, eligible for the first time who has got shorter
contribution period of less than 156 days, he shall be entitled to
claim sickness benefit if he pays contribution for not less than half
the number of days available for working in such contribution
period. The benefit is payable at the standard benefit rate,
corresponding to his daily average wages. The benefit is, however,
not payable for any day on which the employee works, remains on
leave, holiday or strike, in respect of which he receives wages.
Sickness benefit shall be allowed to an employee for any day on
which he remains on strike, if:12 -
148
i. he is receiving medical treatment and attendance as an
indoor patient in any E.S.I. hospital or a hospital recognized
by the E.S.I. Corporation for such treatment; or
ii. he is entitled to receive extended sickness benefit for any of
the diseases for which such benefit is admissible; or
iii. he is in receipt of sickness benefit immediately preceding the
date of commencement of notice of the strike given by the
Employees Union to the Management of the
factory/establishment.
iv. No sickness benefit shall be payable for the first two days of
sickness following, at an interval of not more than 15days,
after the sickness in respect of which sickness benefits were
last paid.
v. Further no sickness benefit shall be payable to any person for
more than 91 days in any two consecutive benefit periods.
Conditions to Be Observed:
Any person in receipt of sickness benefit:
a. shall remain under medical treatment at the ESI dispensary
or hospital and carry out the instructions of the medical
officer;
b. shall not do anything which retards or reduces his chances of
recovery;
c. shall not leave the area where medical treatment is provided
without medical officers permission;
d. shall get himself examined by the medical officer.
149
Maternity Benefit:
A periodical cash benefit is payable to an insured woman
employee, in case of confinement, miscarriage, medical
termination of pregnancy, premature birth of a child, or sickness
arising from pregnancy, miscarriage, etc., occurring or expected to
occur in a benefit period, if the contributions, in respect of her
were payable for at least (70 days) in the two immediately
preceding contribution periods. The benefit is payable at twice the
standard benefit rate or Rs. 20, whichever is higher, for all days on
which the she does not work for remuneration during the period
prescribed as under.13
Disablement Benefit:
Disablement benefit is payable in the form of cash
installments, to an employee who is injured in the course of his
employment and is, permanently or temporarily, disabled, or
contacts any occupational disease. It is sufficient if it is proved that
the injury was caused by an accident arising out of, and in the
course of employment, no matter when it occurred, and where it
occurred. The accident shall be deemed to have arisen out of and in
the course of employment unless there is evidence to the contrary,
i. where an accident happens while the employee is traveling in
employers transport, to or from his place of work;
ii. where an accident happens in or about any premises at which
the employee is employed for the purposes of his employers
trade or business, while the employee is taking steps, in an
emergency, to rescue, secure or protect persons who are
injured or imperiled or to avert or minimize serious damage
to property;
150
iii. where the employee is at the time of the accident acting in
contravention of any law or any safety rules and instructions,
if the employee is acting for the purpose of, and in
connection with, the employers trade or business.
The employee claiming any disablement benefit is required
to furnish a medical certificate as prescribed under the regulations.
The employee is also required to observe certain conditions as to
medical examination etc., as prescribed for sickness benefit. The
benefit for temporary disablement is, however, not payable for any
day on which the employee works, remains on lease, holiday or
strike, in respect of which he receives wages. However,
disablement benefit for temporary disablement shall be allowed to
an employee for any day on which he remains on strike, if:
i. he is receiving medical treatment and attendance as an
indoor patient in any ESI hospital or a hospital recognized by
the ESI corporation, for such treatment; or
ii. he is in receipt of such disablement benefit immediately
preceding the date of commencement of notice of the strike
given by the Employees Union to the management of the
factory/establishment.
Obligations of employers:
i. The employer should get his factory or establishments
registered with the E.S.I. Corporation within 15 days after the
Act becomes applicable to it, and obtain the employers Code
Number.
ii. The employer should obtain the declaration form from the
employees covered under the Act and submit the same along
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with the return of declaration forms, to the E.S.I. office. He
should arrange for the allotment of Insurance Numbers to
the employees and their Identity Cards.
iii. The employer should deposit the employees and his own
contributions to the E.S.I. Account in the prescribed manner,
whether he has sufficient resources or not, his liability under
the Act cannot be disputed. He cannot justify non-payment
of E.S.I. contribution due to non-availability of finance.
iv. The employer should furnish a Return of Contributions along
with the challans of monthly payment, within 30 days of the
end of each contribution period.
v. The employer should not reduce the wages of an employee on
account of the contribution payable by him (employer).
vi. The employer should cause to be maintained the prescribed
records /registers namely the register of employees, the
inspection book and the accident book.
vii. The employer should report to the E.S.I. authorities of any
accident in the place of employment, within 24 hours or
immediately in case of serious or fatal accidents. He should
make arrangements for first aid and transportation of the
employee to the hospital. He should also furnish to the
authorities such further information and particulars of an
accident as may be required.
viii. The employer should inform the local office and the nearest
E.S.I. dispensary/hospital, in case of death of any employee,
immediately.
ix. The employer must not put to work any sick employee and
allow him leave, if he has been issued the prescribed
certificate.
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x. The employer should not dismiss or discharge any employee
during the period he/she is in receipt of
sickness/maternity/temporary disablement benefit, or is
under medical treatment, or is absent from work as a result
of illness duly certified or due to pregnancy or confinement.
The Bombay Shops’ & Establishments Act, 1948:14
General: Legislation to regulate conditions of work in Shops
& Commercial Establishments has been in force in the state of
Maharashtra for nearly 57 years. The first Shops Act of the
State was enacted in 1939. The Present Shops &
Establishments Act, 1948 is an improved version of the 1939
Act. Though the Present Act has undergone several
improvements during the last 48 years. But it has failed to
fulfill the legitimate expectations of its beneficiaries due to its
inadequate provisions & unsatisfactory implementations.
Applicability: This Act is applicable to all Commercial
Establishments, Shops, Residential Hotels & Clubs,
Restaurants, Eating Houses, Theatres Other Places of Public
Amusement or Entertainment. This Act is also applicable to
Factories having total manpower less than 10 with the aid of
power & less than 20 without the aid of power.
Exemptions : The Establishment of the Central Government
& State Government are exempted from all the Provisions of
the Act, further The Government by issuing a General
notification can temporarily exempt all the establishments
from all or some of the Provisions of the Act by suspending the
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operation of such provision on account of any holidays or
festive occasions. The Government by issuing special
notifications can permanently exempt any establishment from
all or some of the Provisions of the Act by making such
provisions inapplicable to that establishment on account of the
Special requirement of that establishment.
Registration: The Employer of an establishment has to
apply to the Inspector of the Local Area concerned in the
prescribed form (Form – A) along with the prescribed Fees for
Registration of the firm under the Act. After the Scrutiny &
Inspection the Inspector will issue Registration Certificate to
the Establishment.
Change / Amendment in Certificate: If there is any
change in the particulars mentioned in the Certificate the
employer has to notify the same to the Inspector by applying
in the prescribed form (Form – E) along with prescribed fees &
get the Registration Certificate suitably amended.
Renewals: The employer has to get the Registration
Certificate renewed every year by applying to the Inspector in
prescribed form (Form – B) accompanied by prescribed fees.
The employer can get it renewed for the period of maximum 3
(Three) years. The application for renewal may be made before
15 days from the Expiry of period of registration Certificate.
Closure of Business Activities: At the time of Closure of
Business Activities the employer has to notify to the Inspector
154
within 10 days of his Closure Activities, then the Inspector will
cancel the registration of the Establishment.
Issue of Duplicate Certificate: If registration certificate is
lost, destroyed or defaced, the employer should apply for
duplicate certificate with prescribed fee for duplicate
certificate.
Working hours: The main restrictive provisions about
working hours are as follows:
Opening hours:
oShops: Not earlier than 7.00 a.m.
oShops selling Milk, vegetables etc.: not earlier than
5.00a.m.
oRestaurants, Eating Houses etc.: Not earlier than 5.00 a.m.,
however, working hours for preparation may start from
04.30 a.m.
Closing hours:
o Shops: Latest by 8.30 p.m.
o Shops selling Pan/Bidi etc. : Latest by 11.00 p.m.
o Restaurants, Eating Houses etc. : Latest by 12.00
midnight.
o Theatres, Public Amusement or Entertainment: Latest by
00.30 a.m.
Working hours for an employee:
An employee in a Shop or Commercial Establishment cannot
be required or allowed to work more than 9 hours in a day
155
(Excluding Lunch hours) & 48 hours in a week. Interval /
Rest: An employee must be allowed an interval of rest of at
least one hour after 5 hours of continuous work.
Spread-over work:
o An employee working in a shop or commercial
establishment his spread over work cannot exceed 11
hours in a day.
o For Hotel, Restaurants & Eating house- Spread over work
cannot exceed 12 hours in a day.
o For Theatre, public Amusement or entertainment –
Spread over work cannot exceed 11 hours in a day.
Weekly Holiday: Every Shop & Commercial Establishment
must remain closed on one day of the week. No deduction can
be made from the wages of any employee in a shop or
commercial establishment on account of any day on which it
has remained so closed. For Hotels, Restaurants, Eating House
& Theatres an employee must be given at least one day in a
week as a holiday.
Public Holidays: In addition to annual Leave with pay an
employee is entitled to a paid holiday on 26th January, 1st May,
15th August & 2nd October every year.
Leave with Wages: The Main provisions are as under:
An employee is entitled to annual Leave with Pay for 21 days
for 240 days of work in a Calendar year. An employee who has
not worked for 1 calendar year is entitled to leave with pay 5
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days for every 60 days of work. Leave with Pay can be
accumulated up to 42 days. A discharged employee is entitled
to leave for the balance of Leave to his credit.
Overtime Work: When any employee is required to work
overtime he must be paid for such work at double the rate of
his ordinary wages.
Minimum Wages: Any employee working in Shops or
Commercial Establishments shall get minimum Wages.
The Ministry of Labour & Employment of India:
The Ministry of Labour & Employment is one of the oldest
and important Ministries of the Government of India. The main
responsibility of the Ministry is to protect and safeguard the
interests of workers in general and the poor deprived and
disadvantaged sections of the society, in particular. Further it aims
to creating a healthy work environment for higher production and
productivity and to develop and coordinate vocational skill training
and employment. At present, there are 44 labour related statutes
enacted by the Central Government dealing with minimum wages,
accidental and social security benefits, occupational safety and
health, conditions of employment, disciplinary action, formation of
trade unions, industrial relations, etc. The list of Central Acts is
annexed. Government's attention is also focused on promotion of
welfare and providing social security to the labour force both in
organized and unorganized sectors, in tandem with the process of
liberalization. These objectives are sought to be achieved through
implementation of various labour laws, which regulate the terms
157
and conditions of service and employment of workers. The State
Governments are also empowered to enact legislations, as labour is
a subject in the concurrent list under the Constitution of India.15
Industrial Relations:
Maintenance of harmonious industrial relations remains an
avowed objective of Ministry of Labour & Employment. Due to
constant endeavor of the Industrial Relations Machineries of both
Centre and the States, the overall industrial relations climate has
generally remained peaceful and cordial. The number of incidences
of strikes and lockouts which were 456 in 2005 has exhibited a
declining trend and were 99 (Provisional) in 2010. The mandays
lost on account of these disturbances were 29.66 million in 2005
and 0.16 million in 2010 (Provisional) and show variations over
this period. As regards the spatial/industry wise dispersion of the
incidences of strikes and lockouts, there exists widespread
variation among different States / UTs. Wage & Allowance, Bonus,
Personnel, Indiscipline & Violence and Financial Intermediaries
(excluding insurance & pension funds) are the major reasons for
these strikes and lockouts.16
Employees Provident Fund Organisation (EPFO):
The Employees Provident Fund and Miscellaneous
Provisions Act, 1952 (EPF & MP Act) provides for compulsory
provident fund, pension and deposit-linked insurance in factories /
establishments employing twenty or more employees in industries
mentioned in Schedule to the Act. The Government of India
through the EPFO administers the Employees Provident Fund and
158
Miscellaneous Provisions Act, 1952 and the following three
Schemes framed there under:
Employees Provident Fund Scheme, 1952;
Employees Pension Scheme, 1995 and
Employees Deposit-Linked Insurance Scheme, 1976.
The progress achieved and the reforms introduced by the
EPF organisation under various areas are given below:
Membership: As on 31.03.2011, there were 6,60,546
establishments covered under the Act.
Media Campaign: An Awareness Campaign on project
'Pehchan' and on the Commitments made during the Diamond
Jubilee Year of ESIC (2010-11) through Print Media,
Hoardings and Radio, T.V. Commercials have been launched
throughout India in Hindi, English and respective vernacular
languages of the States to bring awareness and educate various
stake- holders about making of their 'Pehchan Cards'. The
Wellness Mobile Van was launched for preventive medical
care. 2,750 were exempted establishments. The total
membership in the Employees Provident Fund was 615.89
lakh with membership in the Pension Fund being 551.21Iakh.
Claim settlement: During. 2010-11, 72.49 lakh members’
claims were settled.
Contribution by Members: Total corpus of cumulative
contributions received against all three Schemes administered
159
by EPFO as on 31.03.2011 stand at Rs.438023.94 crore.
During the year 2010- 11, the total contributions received
under all three Schemes amounted to Rs.60648.29 crore.
Rate of interest: The rate of interest declared on the
deposits of members to the Employees Provident Fund was 9.5
per cent for 2010-11. During the year, 606.65 lakh annual
statements of accounts were issued to members of un-
exempted establishments.
Compliance: During the year 2010-11, 7,233 prosecution
cases were launched against defaulting establishments under
section 14 of the EPF & MP Act, 1952 with 2,313 cases being
decided. 12,771 Recovery Certificates for amount of Rs.235.15
crore dues under EPF Scheme were issued under section 8 of
the Act. 10,776 Recovery certificates were issued against dues
of Rs.137.97 crore under Employees Pension Scheme, 1995
and 10,833 Recovery Certificates were issued against dues of
Rs.12.01 crore under EDLI Scheme. 369 FIRs and 8 challans
were filed by the police in various courts under section
406/409 of Indian Penal Code for recovery of dues from
defaulting establishments.
The Maharashtra Labour Welfare Fund Act, 1953:
The Act provides for the constitution of a fund for the
financing of activities to promote welfare of labour in the state of
Maharashtra. Any establishment which is covered under the
Bombay Shops and Establishments Act, 1948 or employs at least 5
employees is required to make bi-annual contributions in the
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months of June and December every year to the Maharashtra
Labour Welfare Fund with respect to each of its employees
including contract labourers except those employed in managerial
capacity or supervisory role drawing monthly salary of more than
Rs. 3,500. For this purpose, apart from paying its own contribution
with respect to each employee covered under the statute, the
employer needs to deduct a contribution amount from the salary of
the employee as well and submit such amount to the labour welfare
fund. For this purpose, employers are allotted code numbers. The
Government also adds some contribution with this which goes to
the Labour Welfare Fund administered by a Welfare
Commissioner. The employer has to apply for allotment of code
number to the Welfare Commissioner, Maharashtra Labour
Welfare Board.17
International Labour Organization:
The ILO was created in 1919, as part of the Treaty of
Versailles that ended World War I, to reflect the belief that
universal and lasting peace can be accomplished only if it is based
on social justice. The Constitution was drafted between January
and April, 1919, by the Labour Commission set up by the Peace
Conference, which first met in Paris and then in Versailles. The
Commission, chaired by Samuel Gompers, head of the American
Federation of Labour (AFL) in the United States, was composed of
representatives from nine countries: Belgium, Cuba,
Czechoslovakia, France, Italy, Japan, Poland, the United Kingdom
and the United States. It resulted in a tripartite organization, the
only one of its kind bringing together representatives of
governments, employers and workers in its executive bodies.18
161
The Constitution contained ideas tested within the
International Association for Labour Legislation, founded in Basel
in 1901. Advocacy for an international organization dealing with
labour issues began in the nineteenth century, led by two
industrialists, Robert Owen (1771-1853) of Wales and Daniel
Legrand (1783-1859) of France. The driving forces for ILO's
creation arose from security, humanitarian, political and economic
considerations. Summarizing them, the ILO Constitution's
Preamble says the High Contracting Parties were 'moved by
sentiments of justice and humanity as well as by the desire to
secure the permanent peace of the world...'
There was keen appreciation of the importance of social
justice in securing peace, against a background of exploitation of
workers in the industrializing nations of that time. There was also
increasing understanding of the world's economic interdependence
and the need for cooperation to obtain similarity of working
conditions in countries competing for markets. Reflecting these
ideas, the Preamble states:
1. Whereas universal and lasting peace can be established only if
it is based upon social justice;
2. And whereas conditions of labour exist involving such injustice
hardship and privation to large numbers of people as to
produce unrest so great that the peace and harmony of the
world are imperiled; and an improvement of those conditions
is urgently required;
3. Whereas also the failure of any nation to adopt humane
conditions of labour is an obstacle in the way of other nations
which desire to improve the conditions in their own countries.
162
The areas of improvement listed in the Preamble remain
relevant today, for example:
1. Regulation of the hours of work including the establishment of
a maximum working day and week;
2. Regulation of labour supply, prevention of unemployment and
provision of an adequate living wage;
3. Protection of the worker against sickness, disease and injury
arising out of his employment;
4. Protection of children, young persons and women;
5. Provision for old age and injury, protection of the interests of
workers when employed in countries other than their own;
6. Recognition of the principle of equal remuneration for work of
equal value;
7. Recognition of the principle of freedom of association;
8. Organization of vocational and technical education, and other
measures.
The ILO has made single contributions to the world of work
from its early days. The first International Labour Conference held
in Washington in October 1919 adopted six International Labour
Conventions, which dealt with hours of work in industry,
unemployment, maternity protection, night work for women,
minimum age and night work for young persons in industry. The
ILO was located in Geneva in the summer of 1920 with France's
Albert Thomas as the first Director of the International Labour
Office, which is the Organization's permanent Secretariat. Under
his strong impetus, 16 International Labour Conventions and 18
Recommendations were adopted in less than two years. This early
zeal was quickly toned down because some governments felt there
163
were too many Conventions, the budget too high and the reports
too critical. Yet, the International Court of Justice declared that the
ILO's domain extended also to international regulation of
conditions of work in the agricultural sector. A Committee of
Experts was set up in 1926 as a supervisory system on the
application of ILO standards. The Committee, which exists today,
is composed of independent jurists responsible for examining
government reports and presenting its own report each year to the
Conference.
National Labour Cooperatives Federation of India Ltd
(NLCF):
National Labour Cooperatives Federation Of India Ltd
(NLCF) is an apex organization of Indian Labour Cooperative
Movement established in the year 1981, working under the aegis of
Ministry of Agriculture, Government of India. NLCF's main
objective is to organize, promote, co-ordinate, help and develop the
working of Labour Cooperatives for economic and social
development of unorganised sector, the poor labourers consisting
of economically weaker sections of the society mainly SC/ST &
OBCs. NLCF is representing 44,143 Labour Contract/Construction
& Forest Labour Cooperatives with their 215 District,17 State Level
Federations, having membership of 27.30 lakhs workers. Presently
Labour contract cooperative societies are executing the works more
than 2350 crore per year. Main activities of NLCF are being run
with the financial support of Ministry of Agriculture, Government
of India.19
164
The objectives of the National Labour Cooperatives
Federation Of India Ltd shall be to protect economic and social
interests and to work for advancement of the labourers in India
and to organize, promote, co-ordinate, help and develop the
working of labour co-operatives. In furtherance of this object, the
National Federation may also undertake following activities:20
To organize, promote and develop labour cooperatives, their
district and/ state level unions/federations.
To promote the economic interests of its members including
their affiliated societies vis-a-vis NLCF to obtain work from
work awarding agencies and to ensure the execution through
labour cooperatives to improve the financial position of NLCF
and to provide regular work to member cooperatives round the
year.
To set up industries, plants, kiln etc., in collaboration with
other cooperatives for the manufacture of construction
material, equipments and allied products to facilitate the
working of member cooperatives
To assist in marketing, import or export and carry on agency
business of every kind to procure, store and distribute material
required or manufactured by the member societies and/or their
affiliated units.
To lease or operate mineral mines for the production and
supply of construction material and allied industries including
decoration works.
To supply tools, implements, accessories and sophisticated
machinery to its members or their affiliated societies on hire
purchase or hire system.
165
To establish technical wing and to make available know-how
and technology relevant to the work of affiliated societies.
To represent the cause of labour cooperative movement at
various levels.
To promote and develop the labour cooperative programme in
India, to educate, guide and assist the labourers in their efforts
to build up and expand the labour cooperative sector and to
serve as an exponent of labour cooperative opinion.
To improve the economic, moral, physical and social condition
of the members of the labour cooperatives.
To arrange publication of literature, books and periodicals to
maintain\par information bureau, library, labour cooperative
education training programme and to convene seminars,
conferences, exhibitions and to organize, assist, guide and help
such activities at state and other levels.
To organize and carry on research in the economic, social and
developmental aspects of the labour cooperatives.
To suggest activities for reducing unemployment and under-
employment of the forest dwellers and other labourers.
To raise funds to own purchase, sale or mortgage movable and
immovable property and to construct building for office use,
imparting training to unskilled workers of construction
industry and allied subject with hostel facilities, if needed.
The National Federation may undertake the agency for export
of labour to abroad from ministry of labour.
The National Federation may execute different projects of
Central & State Governments and other agencies to provide
social services to members/non-members i.e. child, women
and release bonded labour etc.
166
National Federation can work as financial institution for
availing the finance from Financial Institutions/Banks/Other
institution for lending tats affiliated organisations/Institutions.
National Federation can undertake the work for providing
Security Services and the supply of skilled as well as unskilled
labourers to cooperatives as well as other organizations
Labour Welfare Officer:
In India the Government has enacted a number of laws
providing for the welfare of industrial workers. One such law the
Factory Act, 1948 requires industrial concerns to appoint Labour
Welfare Officers so that the due interests of workers are adequately
protected. Accordingly, each unit provides for one such
functionary. He is appointed and paid by the management of the
industrial unit concerned. Functioning from within the unit, he
ensures that the management of his unit suitable and effectively
provides for the welfare of the workers, as per the requirements of
the law.21
Role & Responsibility of Welfare Officer under Factory
Act Rules:
to encourage provision of amenities such as canteens, shelters
for rest, crèches, adequate latrine facilities, drinking water,
sickness and benevolent scheme payments, pension and
superannuation funds, gratuity payments, granting of loans
and legal advice to workers;
to help the factory management in regulating the grant of leave
with wages and explain to the workers the provisions relating
to leave with wages and other leave privileges and to guide the
167
workers in the matter of submission of application for grant of
leave for regulating authorized absence;
to advise on provision of welfare facilities, such as housing
facilities, foodstuffs, social and recreational facilities,
sanitation, advice on individual personnel problems and
education of children;
to bring to the notice of the factory management the
grievances of workers, individual as well as collective, with a
view of securing their expeditious redress and to act as a
liaison officer between the management and labour;
to establish contacts and hold consultations with a view to
maintaining harmonious relations between the factory
management and workers;
to study and understand the point of view of labour in order to
help the factory management to shape and formulate labour
policies and to interpret these policies to the workers in a
language they can understand;
to watch industrial relations with a view of using his influence
in the event of a dispute between the factory management and
workers and to help to bring about a settlement by persuasive
effort;
to advise on fulfillment by the management and the concerned
departments of the factory of obligations, statutory or
otherwise, concerning regulation of working hours, maternity
benefit, medical care, compensation for injuries and sickness
and other welfare and social benefit measures;
to promote relations between the concerned departments of
the factory and workers which will bring about productive
efficiency as well as amelioration in the working conditions
168
and to help workers to adjust and adapt themselves to these
working environments;
to encourage the formation of Works and Joint Production
Committees, Cooperative Societies and Welfare Committee,
and to supervise their work;
to advise the factory management on questions relating to
training of new starters, apprentices, workers on transfer and
promotion, instructors and supervisors, supervision and
control of notice board and information bulletins to further
education of workers and to encourage their attendance at
technical institutes; and
to suggest measures which will serve to raise the standard of
living of workers and in general promote their well- being.
Welfare Officers not to deal with disciplinary cases or appear
on behalf of the management against workers. No Welfare
Officer shall deal with any disciplinary cases against workers
or appear before a conciliation officer in a court or tribunal on
behalf of the factory management against a worker or workers.
References:
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Haryana - Punjabi University Journal.
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law Publications, Allahabad
3. Report of National Commission on Labour, Government of
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4. Sharanappa Saidapur And Jayakumar Sindhe (2013) -
Implications Of Labour Legislations In India: A Realistic
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5. Kala, S. “Social Security of Unorganized sector workers”,
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6. Paromita Goswami (2009) - A Critique of the Unorganized
Workers Social Security Act - Economic & Political Weekly,
Mumbai.
7. Anjali Ganesh and Vijayi D Souza (2008) - Social Security
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13. Krishana Raj (2005) - Socio-economic conditions of women
workers in the Garment Industry in Bombay - SNDT
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15. http://www.labour.nic.in
16. http://www.labour.nic.in
17. The Maharashtra Labour Welfare Fund Act, 1953 -
http://blog.ipleaders.in/the-maharashtra-labour-welfare-
fund-act-1953
18. http://www.ilo.org
19. Bhatia,K.L., (1986) - Administration of Workmen’s
Compensation Law: A socio Legal Study - Deep and Deep
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