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Copyright © Universal Multidisciplinary Research Institute Pvt Ltd 117 South -Asian Journal of Multidisciplinary Studies (SAJMS) ISSN:2349-7858:SJIF:2.246:Volume 3 Issue 5 A REVIEW ON STATUTORY LABOUR WELFARE PROVISIONS IN INDIA Amit Singh(Asst Prof) Dept Of Business Administration ,HP Institute of Higher Education, UP, Mrs smita r. Kennith (Asst Prof) SRGI,Jhansi,UP [email protected] ABSTRACT The term 'Welfare' expresses many ideas, meanings and connotations, such as the state of well being, health, happiness, prosperity and the development of human resources. It includes both the social and economic aspects of welfare. The social concept of welfare implies the welfare of man, his family and his community. All these three aspects are inter-related and work together. The economic aspect of welfare covers promotion of economic development by increasing production and productivity. The objective of labour welfare activities are to promote greater efficiency of the workers, assure proper human conditions to the workers and their family members, supplement their wages in monetary teams, give more real wages and foster better industrial relations. Moreover, with a view to making it mandatory for employers, to provide certain welfare facilities for their employees the Government of India has enacts certain laws for the provision of labour welfare in order to enforce the minimum standards of health, and safety of the workers. Employers have to observe the rules relating to working conditions, hours of works, hygiene, safety, light, ventilation, sanitation etc. This paper has attempted to study different laws related to labour welfare enacted by Govt. of India and their implications on Indian labour. Keywords : Labour welfare, Welfare activities, Labour laws, Efficiency of the workers. METHODOLOGY In this research paper a conceptual framework is developed on the basis of review of the past studies and Govt. publications etc. The objective of this research is to understand the extent of the role of labour acts to promote efficiency and to enforce the arrangement of working conditions, organization of social and sports club and establishment of funds by firm, which contribute to workers health and safety, comfort, efficiency, economic security, education and recreation. Data collection method for this study is based on secondary documents study. Since the study is based on secondary data/information, the data/information has collected from many published research articles, different books, internet, varies journals and Govt. publications and websites. Sekaran (2002) observed the situations such as availability of data, accuracy of data, time span and cost factor of the study, secondary data play significant role in research. Analyzing the advantages, effectiveness and the limitations of using secondary data / information, the author prefers to pursue the study based on secondary data/ information. This report is basically qualitative in nature.

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Page 1: A REVIEW ON STATUTORY LABOUR WELFARE …sajms.com/.../09/A_review_on_Statutory_Labour_Welfare_provisions_in...A REVIEW ON STATUTORY LABOUR WELFARE ... sated that labour absenteeism

Copyright © Universal Multidisciplinary Research Institute Pvt Ltd

117

South -Asian Journal of Multidisciplinary Studies (SAJMS) ISSN:2349-7858:SJIF:2.246:Volume 3 Issue 5

A REVIEW ON STATUTORY LABOUR WELFARE

PROVISIONS IN INDIA

Amit Singh(Asst Prof)

Dept Of Business Administration ,HP Institute of Higher Education, UP,

Mrs smita r. Kennith (Asst Prof) SRGI,Jhansi,UP

[email protected]

ABSTRACT

The term 'Welfare' expresses many ideas, meanings and connotations, such as the state of well

being, health, happiness, prosperity and the development of human resources. It includes both

the social and economic aspects of welfare. The social concept of welfare implies the welfare of

man, his family and his community. All these three aspects are inter-related and work together.

The economic aspect of welfare covers promotion of economic development by increasing

production and productivity. The objective of labour welfare activities are to promote greater

efficiency of the workers, assure proper human conditions to the workers and their family

members, supplement their wages in monetary teams, give more real wages and foster better

industrial relations. Moreover, with a view to making it mandatory for employers, to provide

certain welfare facilities for their employees the Government of India has enacts certain laws for

the provision of labour welfare in order to enforce the minimum standards of health, and safety

of the workers. Employers have to observe the rules relating to working conditions, hours of

works, hygiene, safety, light, ventilation, sanitation etc. This paper has attempted to study

different laws related to labour welfare enacted by Govt. of India and their implications on

Indian labour.

Keywords : Labour welfare, Welfare activities, Labour laws, Efficiency of the workers.

METHODOLOGY

In this research paper a conceptual framework is developed on the basis of review of the past

studies and Govt. publications etc. The objective of this research is to understand the extent of

the role of labour acts to promote efficiency and to enforce the arrangement of working

conditions, organization of social and sports club and establishment of funds by firm, which

contribute to workers health and safety, comfort, efficiency, economic security, education and

recreation. Data collection method for this study is based on secondary documents study. Since

the study is based on secondary data/information, the data/information has collected from many

published research articles, different books, internet, varies journals and Govt. publications and

websites. Sekaran (2002) observed the situations such as availability of data, accuracy of data,

time span and cost factor of the study, secondary data play significant role in research. Analyzing

the advantages, effectiveness and the limitations of using secondary data / information, the

author prefers to pursue the study based on secondary data/ information. This report is basically

qualitative in nature.

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INTRODUCTION

Labour welfare measures are an effort towards relieving the industrial workers of their worries

and making them happy. Anything done towards the well being of labour force comes under the

purview of labour Welfare. It is generally agreed that labour is an underprivileged section of our

society. The working environment of any job in a factory imposes some adverse effects on the

worker because of the heat, noise, odour, fumes etc. involved in the manufacturing process.

There are also occupational hazards and environmental problems inherent and inevitable in the

manufacturing process itself, which cannot be removed. As a result protective devices and

compensatory benefits have to be provided for labour welfare. Welfare activities influence the

sentiments of the workers, when they feel that both the employer and the Government are

interested in their welfare and happiness, their tendency to grouse and grumble disappear. This

leads to industrial peace which in turn open the way for the development of the country. Welfare

is a desirable state of existence involving the mental, physical, moral and emotional factor of a

person. Adequate level of earnings, safe and human conditions of work and access to some

minimum social security benefits are the major qualitative dimensions of employment which

enhance quality of life of workers and their productivity. Institutional mechanisms exist for

ensuring these to workers in the organized sector of the economy.

With the dawn of independence, welfare measures for upliftment of labour class were

intensified. After independence, the government at a tripartite conference in December 1947

adopted the industrial truce resolution. Several legislations, including the following, were

enacted to maintain industrial peace and harmony: Factories Act, 1948, Employees State

Insurance Act, 1948 and Minimum Wages Act, 1948. The payment of bonus act was passed in

1965.KumarP.Ashok (2012)in his study on Labour welfare measures in Salem Steel plant

examines the significance and objectives of labour welfare and concluded that labour welfare

measures helps to promote industrial relations and to reduce the level of absenteeism.

The law relating to labour and employment in India is primarily known under the

broad category of "Industrial Law". The prevailing social and economic conditions have been

largely influential in shaping the Indian labour legislation, which regulate various aspects of

work such as the number of hours of work, wages, social security and facilities provided.

The labour laws of independent India derive their origin, inspiration and strength partly from the

views expressed by important nationalist leaders during the days of national freedom struggle,

partly from the debates of the Constituent Assembly and partly from the provisions of the

Constitution and the International Conventions and Recommendations. The relevance of the

dignityof human labour and the need for protecting and safeguarding the interest of labour as

human beings .The Labour Laws were also influenced by important human rights and the

conventions and standards that have emerged from the United Nations. These include right to

work of one’s choice, right against discrimination, prohibition of child labour, just and humane

conditions of work, social security, protection of wages, redress of grievances, right to organize

and form trade unions, collective bargaining and participation in management. The labour laws

have also been significantly influenced by the deliberations of the various Sessions of the Indian

Labour Conference and the International Labour Conference. Labour legislations have also been

shaped and influenced by the recommendations of the various National Committees and

Commissions such as First National Commission on Labour (1969) under the Chairmanship of

Justice Gajendragadkar, National Commission on Rural Labour (1991), Second National

Commission on Labour (2002).

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PRIOR APPROACH (LITERATURE REVIEW)

Employee welfare means ―the effort to make life worth living for workmen‖. When all basic

facilities are provided and employees obtain satisfaction then the productivity can be increased

and development of the organization will be possible.Labour welfare has been defined in various

ways, though no single definition has found universal acceptance.

The Oxford dictionary defines labour welfare as "Efforts to make life worth living for workmen."

Chambers dictionary defines welfare as "A state of faring or doing well. Freedom from calamity,

enjoyment of health and prosperity".

In the words of R.R.Hopkins, ―welfare is fundamentally an attitude of mind on the part of

management, influencing the method by which management activities are undertaken.‖

Obviously the emphasis here is on the ―attitude of mind.‖

Arthur James Todd defines welfare work as ―anything done for the comfort and improvement,

intellectual and social, of the employees over and above the wages paid, which is not a necessity

of the industry.‖

E.S.Proud defines welfare work as ―voluntary efforts on the part of the employers to improve the

existing industrial system and the conditions of employment in their own factories.‖

In the Report II of the ILO Asian Regional conference, it has been stated that worker’s welfare

may be understood to mean ―such services, facilities and amenities, which may be established

outside or in the vicinity of undertakings, to enable the persons employed there in to perform

their work in healthy and congenial surroundings and to provide them with the amenities

conducive to good health and high morale.‖

The Labour Investigation Committee (1944-46) includes under labour welfare activities anything

done for the intellectual, physical, moral and economical betterment of the workers, whether by

employers by government or by other agencies, over and above what is laid down by law or what

is normally expected as part of the contractual benefits for which the workers may have

bargained.‖

The Report of the committee on Labour welfare (1969) includes under it ―such services, facilities

and amenities as adequate canteens, rest and recreation facilities, sanitary and medical facilities,

arrangements for travel to and from work and for the accommodation of workers employed at a

distance from their homes, and such other services, amenities and facilities including social

security measures as contribute to improve the conditions under which workers are employed.’

The whole field of welfare is said to be one ―in which much can be done to combat the sense of

frustration of the industrial workers, to relieve them of personal and family worries to improve

their health, to afford them means of self-expression, to offer them some sphere in which they

can excel others and to help them to a wider conception of life.’’ It promotes the well-being of

workers in a variety of ways.

According to N.M.Joshi, welfare work ―covers all the efforts which employers make for the

benefit of their employees over and above the minimum standards of working conditions fixed

by the factories Act and over and above the provision of the social legislations providing against

accident, old age, unemployment and sickness.‖

Report of National Commission on Labour (2002), Government of India, made

recommendations in the area of labour welfare measures which includes social security,

extending the application of the Provident Fund, gratuity and unemployment insurance etc.

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Shobha Mishra & Manju Bhagat, in their ―Principles for Successful Implementation of Labour

Welfare Activities‖, sated that labour absenteeism in Indian industries can be reduced to a great

extent by providing good housing, health and family care, canteen, educational and training

facilities and provision of welfare activities. The principle for successful implementation of

labour welfare activities is nothing but an extension of democratic values in an industrialized

society. P.L.Rao, in his ―Labour Legislation in the Making‖, opines that professional bodies like

National Institute of Personnel Management should constitute a standing committee to monitor

the proceeding in the Parliament regarding the labour welfare measures."

Conventions and Recommendation of ILO (1949) sets forth a fundamental principle at its 26th

conference held in Philadelphia recommended some of the measures in the area of welfare

measures which includes adequate protection for life and health of workers in all occupations,

provision for child welfare and maternity protection, provision of adequate nutrition, housing and

facilities for recreation and culture, the assurance of equality of educational and vocational

opportunity etc.

The study of Zacharaiah based on a sample survey of manufacturing undertakings in Bombay,

covered welfare services and working conditions while surveying the factors affecting industrial

relations. It was observed that better working conditions and adequate provision of welfare

services would contribute to harmonious industrial relations.

A study conducted by Koshan pointed out that inspite of statutory provisions and enforcing

agencies in India, the welfare facilities were absent. The study suggested that need for

overhauling and tightening the machinery of inspection. Appointment of welfare inspectors for

different industries, distinguishing the duties of factory inspectors from those of welfare

inspectors to submit annual and quarterly reports and empowering the welfare inspectors to fine

in case of default, were some of the steps suggested in this study

OUR APPROACH

The very logic behind providing welfare schemes is to create efficient, healthy, loyal and

satisfied labor force for the organization. The purpose of providing such facilities is to make their

work life better and also to raise their standard of living. The important benefits of welfare

measures can be summarized as follows:

They provide better physical and mental health to workers and thus promote a healthy

work environment

Facilities like housing schemes, medical benefits, and education and recreation facilities

for workers’ families help in raising their standards of living. This makes workers to pay

more attention towards work and thus increases their productivity.

Employers get stable labor force by providing welfare facilities. Workers take active

interest in their jobs and work with a feeling of involvement and participation.

Employee welfare measures increase the productivity of organization and promote

healthy industrial relations thereby maintaining industrial peace.

The social evils prevalent among the labors such as substance abuse, etc are reduced to a greater

extent by the welfare policies. Employee welfare has 2 aspects—negative and positive.

On the negative side, employee welfare is concerned with counteracting the baneful effects of

the large-scale industrial system of production especially capitalistic, so far as India is concerned

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on the personal/family, and social life of the worker. On its positive side, it deals with the

provision of opportunities for the worker and his/her family for a good life as understood in its

most comprehensive sense. Employee welfare operates to neutralize the harmful effects of large

scale industrialization and urbanization. Provision of welfare amenities enables the workers to

live a richer and more satisfactory life and contributes to their efficiency and productivity. It

helps in maintaining industrial peace.

Employee welfare services may be classified into two broad categories:

1. Intra-mural - These services are provided within the establishment. These include

latrines and urinals, washing and bathing facilities, crèches, rest shelters, canteens,

Uniform, medical aid, library, recreation facilities, free or subsidies free or subsidized

food, etc.

2. Extra-mural - These services are provided outside the establishment. These consist of

housing accommodation, transport maternity benefits children’s education, sports fields,

family planning and child welfare, holiday homes, leave travel facilities, workers

cooperative stores, fair price shop, credit societies, vocational guidance, interest free

loans, etc.

Agencies engaged in labour welfare:-

Central Govt.-the Central Govt had passed a number of acts for the welfare of different

types of workers .it also administers the implementation of industrial and labour laws.

Under these acts ,employers have to provide certain basic welfare facilities to the workers

like canteen, rest and lunch room ,crèches ,medical aid, ventilation ,drinking water,

uniforms etc.

State Govt.-the State Govt keep a vigil on the employers that they are operating the

welfare schemes made obligatory by the central and state Govt .the state Govt have been

empowered to prescribe rules for the welfare of workers and appoint appropriate

authorities for the enforcement of welfare provisions under various labour laws.

Employers-employers play a major role in providing welfare facilities to industrial

workers .the welfare facilities offered by the employers on their own are called voluntary

welfare facilities. These include residential accommodation to workers ,medical and

transport facilities ,reading rooms, scholarship to children of workers etc.

Trade Unions-trade union are supposed to raise the welfare of workers and naturally

they are expected to provide certain welfare facilities to their members .union can provide

educational cultural and other facilities to their members. But the role of trade unions in

the field of labour welfare is insignificant as they face the problem of shortage of funds.

Voluntary Organizations- some social welfare and charitable organizations conduct

social welfare activities which are useful to all sections of the society including industrial

workers. These agencies provide medical aid, educational facilities ,scholarship etc.

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Statutory Provisions Concerning Labour Welfare-

The Government has made elaborate provisions for the health, safety and welfare of workers

under the Factories Act, 1948, and Mines Act, 1952. These Acts provide for canteens, crèches,

shelters, rest rooms, washing facilities, etc. They also regulate the age of employment, hours of

work and make provision for the appointment of labour welfare officers. The state governments

have been empowered to prescribe duties, qualifications and conditions of service of these

welfare officers. Statutory Welfare Funds have been set up in important industries and mines to

provide games, housing, hospitalization, educational, maternity, child care and recreational

facilities. Similar facilities are provided under the Plantation Labour Act, 1951, and Motor

Transport workers Act, 1961. Sickness, maternity and medical benefits are provided under the

employees State Insurance Act, 1948.The government has also chalked knout comprehensive

programmers for housing facilities, social security scheme, provident fund and such other

facilities. A few of these acts are discussed below-

Welfare provisions under The Factories Act, 1948-

Washing Facilities. In every factory adequate and suitable facilities for washing shall be

provided and maintained. They shatI be conveniently accessible and shall be kept clean.

There must be separate provisions for male and female workers.- (Section 42)

Storing and drying. The State Government may make rules requiring the provision of

suitable facilities for storing and drying clothing.-(Section 43)

Sitting. Sitting facilities must be provided for workers who have to work in a standing

position. so that they may take rest when possible. When work can be done in a sitting

position efficiently the Chief Inspector may direct the provision of sitting arrangements.

(Section 44)

First aid. Every factory must provide first aid boxes or cupboard. They must contain the

prescribed materials and they must be in charge of persons trained in first aid treatment.

Factories employing more than 500 persons must maintain an ambulance roam con-

taining the prescribed equipment and in charge of the prescribed medical and nursing

staff-(Section 45).

Canteens. Where more than 250 workers are employed. the state Government may

require the opening of canteen or canteens for workers. Rules may be framed regarding

the food served. its management etc.,.. (Section 46)

Shelters. In every factory where more than 150 workers are employed there must be

provided adequate and suitable shelters or rest. rooms and a lunch room (with drinking

water supply) where workers may eat meals brought by them. Such rooms must be suffi-

ciently lighted and ventilated and must be maintained in a cool and clean condition~.

The standards may be fixed by the State Government. -(Section 47)

Crèche. In every factory where more than 30 women a employed, a room shall be

provided for the use of the children (below 6 years) of such women. The room shall be

adequate size. well lighted and ventilated, maintained in a clean and sanitary condition

and shall be in charge of a woman trained in the care of children and infants. The

standards shall be laid down by the State Government. (Section 48)

Welfare officers. Welfare officers must be appointed in every factory where 500 or more

workers are employed. The State Government may prescribe the duties, qualifications

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etc. of such officers. (Section 49)

Welfare provisions under The Mines Act, 1952 and the Mines Rules 1955-

Drinking Water [Section 19(1) of the Mines Act, 1952]-Suitable arrangements at

conveniently located points easily accessible to all persons employed in a mine for cool

and wholesome drinking water in sufficient quantity shall be made. Rule 30 of the Mines

Rules, 1955 specifies the scale on quantity of water at least 2 liters per persons employed

in the mine at any one time.

Conservancy [Section 20 of the Mines Act, 1952]-Provision for latrines and urinals

separately for male and female workers employed in the mine have been made with

scales, standards of construction etc. as prescribed under rules 33 to 39 of the Mines

Rules, 1955.

Rest shelters [Rule 62 & 63 of Mines Rules, 1955]-Provision for rest shelters of

prescribe standard has been made where more than 50 persons are ordinarily employed in

the mine.

Canteen [Rule 64 to 71 of Mines Rules, 1955]-At mine where more than 250 persons are

ordinarily employed, provision for canteen with prescribed standard of construction,

furniture and equipment, staff, canteen management committee, prices to be charged, and

accounts etc. have been made.

Appointment of Welfare Officer [Rule 72 to 74 of Mines Rules, 1955]-For every mine

more than 500 persons are employed, provision for appointment of Welfare Officer(s)

with prescribe qualifications has been made. The duties and conditions of work have also

been prescribed.

Provision for Crèche [Mine Crèche Rules, 1966] Provision of crèche for children of

females employed in the mine has been made with required details such as standard of

construction, recreation facilities, food etc prescribed under the rule.

Medical appliances [Section 21 of the Mines Act, 1952]-Provisions for first aid boxes or

cupboard equipped with prescribed contents have been made which are prescribed in

detail under rule 43 – 45 of Mines Rules, 1955.

• Provision for appointment and training of adequate number of first aid trained personnel

have been made under rules 40, 41 and 42 of the Mines Rules, 1955.

• Provision for first aid room (where more than 150 persons are employed in the mine)

has been made with prescribed contents and furnishing.

• Provisions for first aid station both on surface as well as belowground have also been

made under rule 44 of the Mines Rules, 1955.

• Statutory supervisory officials such as Overman, Foreman, Mate, Mining Sirdar,

Shotfire, Blaster and other competent persons are also required to carry with them first

aid outfit while on duty in mines.

Provisions for conveyance (ambulance van) [Section 21(4) of The Mines Act, 1952]

& [Rule 40(2) of the Mines, 1955]-Provision for suitable conveyance/ambulance van has

been made to readily carry the persons to hospitals/dispensaries who suffer from serious

bodily injuries or becomes ill while on duty.

Welfare provisions under The Plantations Labour Act, 1951:

Canteens.-The State Government may make rules requiring that in every plantation

wherein one hundred and fifty workers are ordinarily employed, one or more canteens

shall be provided and maintained by the employer for the use of the workers. (Section 11)

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Crèches- In every plantation wherein fifty or more women workers (including women

workers employed by any contractor) are employed or were employed on any day of the

preceding twelve months, or where the number of children of women workers (including

women workers employed by any contractor) is twenty or more, there shall be provided

and maintained by the employer suitable rooms for the use of children of such women

workers.(Section 12).

Recreational facilities- The State Government may make rules requiring every employer

to make provision in his plantation for such recreational facilities for the workers and

children employed therein as may be prescribed. (Section 13).

Educational facilities- Where the children between the ages of six and twelve of workers

employed in any plantation exceed twenty-five in number, the State Government may

make rules requiring every employer to provide educational for the children in such

manner and of such standard as may be prescribed. (Section 14).

Housing facilities- for every worker and his family residing in the plantation. The

standard and specification of the accommodation, procedure for allotment and rent

chargeable from workers, are to be prescribed in the Rules by the state governments

(Section 15 & 16).

Other facilities.- The state government may make rules requiring every plantation

employer to provide the workers with such number and type of umbrellas, blankets,

raincoats or other like amenities for the protection of workers from rain or cold as may be

prescribe(Section 17).

Welfare officers.- In every plantation wherein three hundred or more workers are ordinarily

employed the employer shall employ such number of welfare officers as may be

prescribed. (Section18).

Welfare provisions under Contract Labour (Regulation & Abolition) Central Rules 1971

The facilities required to be provided under sections 18 and 19 of the Act, namely

sufficient supply of wholesome drinking water, a sufficient number of latrines and

urinals, washing facilities and first-aid facilities, shall be provided by the contractor .

Rest rooms- In every place wherein contract labour is required to halt at night in

connection with the working of the establishment to which the Act applies and in which

employment of contract labour is likely to continue for 3 months or more. (Section 17)

Canteens-In every establishment to which the Act applies and wherein work regarding

the employment of contract labour is likely to continue for six months and wherein

contract labour numbering one hundred or more are ordinarily employed .( Section 16)

Latrines and Urinals -Latrines shall be provided in every establishment coming within

the scope of the Act on the following scale, namely:-

(a) Where females; are employed, there shall be at least one latrine for every 25 females;

(b) Where males are employed, there shall be at least one latrine for every 25 male:

Provided that where the number of males or females exceeds 100, it shall be sufficient if

there is one latrine for every 25 males or females, as the case may be, upto the first 100,

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and one for every 50 thereafter. Where workers of both sexes are employed there shall be

displayed outside each block of latrine and urinal a notice in the language understood by

the majority of the workers ―For Men only‖ or ―For Women Only‖, as the case may be.

There shall be at least one urinal for male workers unto 50 and one for female workers up

to fifty employed at a time: Provided that where the number of male or female workmen,

as the case may be exceeds 500 it shall be sufficient if there is one urinal for every 50

males or females up to the first 500 and one for every 100 or part thereof thereafter. .

(Section 18)

Washing Facilities -every establishment coming within the scope of the Act adequate and

suitable facilities for washing shall be provided and maintained for the use of contract

labour employed therein. Separate and adequate screening facilities shall be provided for

the use of male and female workers. (Section 18)

First-Aid Facilities -In every establishment coming within the scope of the Act there

shall be provided and maintained so, as to be readily accessible during all working hours

first-aid boxes at the rate of not less than one box for 150 contract labour or part thereof

ordinarily employed. The First-Aid Box shall be kept in charge of a responsible person

who shall always be readily available during the working hours of the establishment. A

person in charge of the First-Aid Box shall be a person trained in First-Aid treatment, in

establishments where the number of contract labour employed is 150 or more.(Section 19)

Welfare provisions under The Motors Transport Workers Act, 1961

Canteens. -The State Government may make rules requiring that in every place wherein

one hundred motor transport workers or more employed in a motor transport undertaking

ordinarily call on duty during every day, one or more canteens shall be provided and

maintained by the employer for the use of the motor transport workers.(Section 8)

Rest rooms-In every place wherein motor transport workers employed in a motor

transport undertaking are required to halt at night, there shall be provided and maintained

the employer for the use of those motor transport workers such number of rest rooms or

such other suitable alternative accommodation, as may be prescribed(Section 9)

Uniforms-The State Government may, by notification in the Official Gazette, make rules

requiring an employer of a motor transport undertaking to provide for the drivers,

conductors and line checking staff employed in that undertaking such number and type of

uniforms, raincoats or other like amenities for their protection from rain or cold as may be

specified in the rules. (Section 10)

Medical facilities- There shall be provided and maintained by the employer so as to be

readily available such medical facilities for the motor transport workers at such operating

centres and halting stations as may be prescribed by the State government. (Section 11)

First-aid facilities- There shall be provided and maintained by the employer so as to be

readily accessible during all working hours a first –aid box equipped with the prescribed

contents in every transport vehicle. The first-aid box shall be kept in the charge of the

driver or the conductor of the transport vehicle who shall be provided facilities for

training in the use thereof. (Section 12)

Welfare provisions under Dock Workers (Safety, Health And Welfare) Rules, 1990

Drinking water.-On board every ship and in every dock, effective arrangement shall be

made to provide and maintain at suitable

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points conveniently situated for all dock workers employed therein, sufficient supply of

wholesome drinking water: Provided that the drinking water point is available within 100

meters of the place where dock workers are employed. All such points shall be legibly

marked "Drinking Water" in a language understood by a majority of the dock workers

and no such point shall be situated within six meters of any washing place urinal or

latrine unless a shorter distance is approved in writing by the Chief Inspector.(Section 96)

Latrines and urinals. - In every dock, latrine and urinal accommodation shall be

provided on the scale given in Schedule VIII and shall be conveniently situated and

accessible to dock workers at all times while they are at work. Such accommodation and

access to it shall be adequately lighted and ventilated. Separate latrines shall be provided

where female dock workers are employed. (Section 97)

Washing facilities. -In every dock, rest shed, call stand and canteen, adequate and

suitable facilities for washing shall be provided and maintained for the use of the dock

workers and such facilities shall be conveniently accessible and shall be kept in clean and

orderly condition. Washing facilities shall include glazed wash basins with taps attached

thereto. Where dock workers are exposed to skin contamination by poisonous, infection

or irritation substances or oil grease or dust, adequate number of shower-baths enclosed

in individual compartments, with entrances suitably screened shall be provided. (Section

100)

First-aid boxes. -In every dock and on board every ship there shall be provided and

maintained so as to be readily accessible during all working hours, sufficient number of

first-aid boxes or cupboards, Provided that the distance of the nearest first-aid box or

cupboard shall not be more than 200 meters from any working place. (Section 101)

Ambulance room.-In every dock or in any part of a dock where dock workers are

ordinarily employed, there, shall be provided and maintained an ambulance room with

effective communication system and shall be in the charge of a qualified nurse who shall

always be readily available during all working hours and the ambulance room shall be in

overall charge of a qualified medical practitioner. (Section 102)

Shelters or rest sheds and lunch rooms. -In every dock wherein more than 150 dock

workers are ordinarily employed, adequate and suitable shelters or rest sheds and suitable

lunch rooms with provision for drinking water and washing facilities, where dock

workers can eat meals brought by them, shall be provided at convenient places and

maintained for their use: (Section 105)

Canteens. -In any dock or in any part of dock wherein more than 250 dock workers are

ordinarily employed, or are waiting to be employed, adequate canteen facilities in or near

the work area shall be provided and maintained by the Port Authorities and dock labour

boards for the use of all dock workers. The canteen shall function at all times when

twenty-five or more dock workers are employed at a time. (Section 106)

Welfare Officers. - Every Post Authority and Dock Labour Board shall employ a

number of welfare officers with duties, qualifications and conditions of service as laid

down in Schedule X.Every other employer of dock worker shall employ at least one

welfare officer, provided that the employers may form a group and appoint welfare

officer for the group as specified in Schedule X with the written permission of the Chief

Inspector. (Section 109)

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Some Acts Related to Labour Welfare Funds:

The Ministry of Labour is administering five Welfare Funds for beedi, cine and certain

categories of non-coal mine workers. The Funds have been set up under the following Acts of

Parliament for the welfare of these workers:

•The Mica Mines Labour Welfare Fund Act, 1946;

•The Limestone and Dolomite Mines Labour Welfare Fund Act,1972;

•The Iron Ore, Manganese Ore and Chrome Ore Mines Labour Welfare Fund Act, 1976;

•The Beedi Workers' Welfare Fund Act, 1976; and

•The Cine Workers' Welfare Fund Act, 1981.

The above Acts provide that the Fund may be applied by the Central Government to meet

the expenditure incurred in connection with measures and facilities which are necessary to

provide the welfare of such workers. In order to give effect to the above objectives laid down in

the above Acts, various welfare schemes have been formulated and are under operation in the

fields of:

1. Health

2. Social Security

3. Education

4. Housing

5. Recreation

6. Water Supply

The Labour Welfare Organization which administers these Funds is headed by a Director

General (Labour Welfare)/Joint Secretary. He is assisted by the Welfare Commissioner

(Headquarters) of Director Rank, who supervises nine Regional Welfare Commissioners for the

purpose of administration of these Funds in the States

Labour welfare and ILO-

The international Labour Organization did much to improve working and living condition of

people throughout the world. It is shown itself to be an efficiency tool in the service of social

justice in all parts of the world. It has brought about international co-operation, unity and

understanding and helped in the elimination of poverty and injustice. It has rendering exemplary

service to all the three elements composing it –government, employers and workers. Its

Conventions have been greatly appreciated by the working class all over the world for their

beneficent, humanitarian and missionary influence. They are considered as the embodiment of

social justice by the under-privileged. Our country is greatly benefited by the ILO standards

which helped in improving the working class. It has greatly influenced labour legislation, labour

welfare, trade unionism and industrial relations of our country. The very law making process in

our country in the field of labour has been considerably influenced by its standard-setting

process. Following ILO traditional, the principle of tripartite consultation has been successfully

adopted by the Government of India in the formulation of labour policy on the Government of

India in the formulation of labour policy on the basis of consensus. n essence, there is a close

resemblance between the ILO Philadelphia Charter of 1944 and the Fundamental Rights and the

Directive Principles of State Policy under the Indian Constitution. All these basic document are

based on the principles of freedom, individual dignity and social justice.

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CONCLUSION

In a world of changing values, where ideologies are rapidly undergoing transformation, rigid

statements about the field of labour welfare need to be revised. . Employee welfare is in the

interest of the employee, the employer and the society as a whole. For the employee, welfare

helps to counteract the negative effects of the factory system. These measures enable the

employee and his family to lead a good life. Welfare facilities like housing; medical aid

children’s education, recreation etc. help to improve the family life of employees. For the

employer, welfare measure lead to higher morale and productivity of labour. Employee welfare

is also in the inertest of the larger society because the health, happiness’ and efficiency of each

individual represents the general well-being of all. Well-housed,well-looked after, labour is not

only an asset to the employer but serves to raise the standard of industry and labour in the

country .

Labour Welfare legislation aim at improving the working conditions, maintenance of

better Industrial relations, strict enforcement of Labour Laws and launching of welfare

activities for the benefit of industrial workers and their families. The improvement of labour

welfare and increasing productivity with reasonable level of social security is one of the prime

objectives concerning social and economic policy of the Government. The resources have been

directed through the five year Plan programmes towards skill formation and development,

monitoring of proper execution of labour laws, creation of industrial harmony through

infrastructure for health, industrial relations and insurance against disease, accident and

unemployment for the workers and their families. labour legislation can only fulfills its welfare functions effectively if it is responsive to the

conditions on the labour market and the needs of the parties involved. The most efficient way of

ensuring that these conditions and needs are taken fully into account is if those concerned are

closely involved in the formulation of the legislation through processes of social dialogue. The

involvement of stakeholders in this way is of great importance in developing a broad basis of

support for labour legislation and in facilitating its application within and beyond the formal structured sectors of the economy. As welfare of worker at work place will improve not only

their efficiency but also improve their willingness to perform their duty and increase productivity

.

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