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8/7/2019 RECENT AMMENDMENT IN LABOUR LAWS AFTER 2001
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RECENT AMENDMENTS INRECENT AMENDMENTS IN
LABOUR LAWS AFTER 2001LABOUR LAWS AFTER 2001
Prepared by:SM.Aafaque Karim MBA/4522/09
Rachit Shukla MBA/4533/09Anil Choudhary MBA/4516/09
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"In the animal kingdom, the rule is, eat or be eaten;in the human kingdom, define or be defined."
Thomas Szasz
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CONTENTSCONTENTS
Industrial Disputes Act 1947
Factories Act 1948
Minimum Wages Act 1948
Trade Union Act 1926
Payment of Wages Act 1936
EPF and Miscellaneous Provisions Act 1952
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y Under the Constitution of India, Labour is a subject in the
concurrent list where both the Central and State Governments
are competent to enact legislations.
y As a result , a large number of labour laws have been enacted
like occupational health, safety, employment, training of
apprentices, fixation, review and revision of minimum wages,
mode of payment of wages, payment of compensation toworkmen who suffer injuries as a result of accidents or
causing death or disablement.
y Bonded labour, contract labour, women labour and child
labour, resolution and adjudication of industrial disputes,
provident fund, employees state insurance, gratuity, paymentof bonus, regulating the working conditions of categories of
workmen such, beedi workers etc.
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Industrial Disputes Act, 1947And its Amendments
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y Labour Court Labour Court/Industrial Tribunal can Modify
the punishment of dismissal or discharge of workmen and give
appropriate relief including reinstatement. Sec.11A
Some recent Amendments in ID Act:
Conciliation officer cant assume the powers of court.
Riyan International School Karmachari Sangh through its
President, Sector-V Noida, Gautam Budh Nagar vs. State ofU.P. and Others. 2008 LLR 1261 (Allahabad H.C.)
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Once procedure prescribed for Industrial dispute is
followed, Government has jurisdiction to make reference.
Hindustan Machine Tools Ltd. v. Government of A.P. & Ors.LLN(4) 2008 P. 197 (Andhra Pradesh H.C.)
When workman is not able to prove 240 days working in
calendar year, rejection ofdispute by court is proper.Brij Kishore Chaubey & Ors. vs. Presiding Officer,
LabourCourt, Allahabad & Ors. 2009 LLR 270 (Allahabad
H.C.)
Dispute cant be referred after superannuation.
A.R. Swamy vs. Government of Andhra Pradesh & Anr. 2009
LLR 262 (Andhra Pradesh H.C.)
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A dispute can also be raised where workers termination
was done and not at the place where he was
appointed.(Jurisdiction)
Centre of Medical & Sales Representatives Union (North East
Region) vs. Vice-President (Marketing) Fair Deal Corpn. (P)
Ltd. 2009 LLR 605 (Gauhati H.C.)
Conciliation officer on a complaint of unfair labour
practice, has to endeavor for settlement ofdispute and not
to see the validity of enquiry.
A.B.N. Amro Bank N.V. vs. Union of India and Others. 2009
LLR 1204 (Calcutta H.C.)
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Factories Act 1948 and AmendmentsFactories Act 1948 and Amendments
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Applicability of the Act
Any premises whereon 10 or more persons or 20 or more
workers working on any day preceding 12 months, wherein
Manufacturing process is being carried on. Sec.2(ii) come
under this act.
The purpose to enact this act was to ensure Health, safety and
welfare of the employees.
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Health ( Secs. 11 to 20) :
y Cleanliness Disposal of wastes and effluents
y Ventilation and temperature dust and fume
y Overcrowding Artificial humidification Lighting
y Drinking water
y Spittoons
Safety Measures
y Fencing of machinery
y Work on near machinery in motion.
y Employment prohibition of young persons on dangerousmachines.
y Striking gear and devices
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Welfare Measures:
y Washing facilities
y Facilities for storing and drying clothingy Facilities for sitting
y First-aid appliances one first aid box not less than one for
every 150 workers.
y
Canteens when there are 250 or more workersy Shelters, rest rooms and lunch rooms when there are 150 or
more workers.
y Crches when there are 30 or more women workers.
y Welfare office when there are 500 or more workers.
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WorkingHours, SpreadOver &Overtime ofAdults
Weekly hours not more than 48. Daily hours, not more than 9
hours.
Intervals for rest at least hour on working for 5 hours.
Spread over not more than 10 hours.
Overlapping shifts prohibited. Extra wages for overtimedouble than normal rate of wages.
Restrictions on employment of women before 6AM and
beyond 7 PM. Secs. 51, 54 to 56, 59 & 60.
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Some recent Amendments in Factories Act:
Even if workers did not work for minimum 42 hours in a
week as agreed, working on Sunday (work off) will attract
O.T. payment- such withdrawal of benefit is not permissible
under ID Act (Sec.-9-A).
Food Corporation of India vs. Union of India and others. 2009
(123) FLR 480 (Gujarat H.C.)
Limitation period of filing prosecution under factories act
starts from the date when contraventions came to the notice
of the inspector and not the date of accident.H.M.P. Singh and Others vs. State of Jharkhand and
Another.2009 LLR 1198 ( Jharkhand H.C.)
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Minimum Wages Act 1948 andAmendments
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The purpose to enact this act was to fix the minimum wages for
the workers so as to prevent the exploitation of the workers.
Some Acts under this :
Maintenance of registers and records.
Government can also fix Minimum WagesTime work ,Piece work at piece rate for the purpose of
securing to such employees on a time work basis Sec. 3
Overtime
To be fixed by the hour, by the day or by such a longer wage
period works on any day in excess of the number of hours
constituting normal working day
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Some recent Amendments in Minimum Wages Act
When minimum wages not paid, intention of law is to give
compensation to workman and not penalize employer.
Kerala Automobiles Ltd. v. Naveetha P. (Mrs.) 2008 III LLJ 530
(Delhi H.C.)
Compensation justified when workers paid less thanminimum wages.
A.S. Lally, Major (Retd.) vs. Assistant Labour Commissioner
and Others. 2009 LLR 100 (Punjab & Haryana H.C.)
A claim under MV Act not barred by sec. 53 of ESI Act.
Kuriakose vs. Santosh Kumar. 2009 LLR 641 (Kerala H.C.)
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y The basic purpose to enact this act was to define a set
structure for the payment of wages to the employees.
Some Acts under this :
Time of payment of wages
y
The wages of every person employed be paid.y When less than 1000 persons are employed shall be paid
before the expiry of the 7th day of the following month.
y When more than 1000 workers, before the expiry of the 10th
day of the following month.
Wages to be paid in current coins or currency notes
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Trade Union Act 1926 and Amendments
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The basic purpose to enact this act was to set norms for making
and working of trade unions in a harmonious manner.
A trade union is an association either of employees or employers
or of independent workers.
It emphasis joint, coordinated action and collective bargaining.
The main objective of any trade union is to protect interest of
workers/employees in the organization.
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Some acts under this
Registration of trade Union
Any 7 or more members of a trade union may, by subscribing
their names to the rules of the trade union and its compliance.
There should be at least 10%, or 100 of the work-men,
whichever is less, engaged or employed in the establishmentor industry with which it is connected.
Cancellation of registration
If the certificate has been obtained by fraud or mistake or it has
ceased to exist or has willfully contravened any provision of
this Act.
If it ceases to have the requisite number of members.
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Some recent Amendments in Trade Union Act
Election of office bearers of Trade Union can't be
challenged in High Court through writ.
K.V. Sridharan & Ors. v. S. Sundamoorthy & Anr. 2009 I CLR
176 (Madras H.C.)
Trade union registrar cant cancel the union registrationunder sec. 10 of T.U. Act.
R.G. D'souza vs. Poona Employees Union Through its
President & Ors. 2009 I CLR 1053 (Bombay H.C.)
Membership of the Trade Union cannot be proved merely on
the basis ofAffidavit.
Force Motors Ltd. vs. Poona Employees' Union & Others. 2009
LLR 699 (Bombay H.C.)
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E
PF
an
dM
iscellan
eous Provision
s Act1952 and Amendments
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Payment of Contribution
The employer shall pay the contribution payable to the EPF,
DLI and Employees Pension Fund in respect of the member
of the Employees Pension Fund employed by him directly by
or through a contractor.
It shall be the responsibility of the principal employer to pay
the contributions payable to the EPF, DLI and Employees
Pension Fund by himself in respect of the employees directly
employed by him and also in respect of the employees directlyemployed by him and also in respect of the employees
employed by or through a contractor.
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Employer is at liberty to reduce its contribution to a
maximum of wage ceiling under EPF Act.
Management of Marathwada Gramin Bank, through itsChairman vs. Union of India, through the Secretary, Ministry of
Labour, New Delhi & Ors. 2009 LLR 662 ( Bombay H.C.)
When establishment is transferred, both previous & futureemployers are jointly liable for P.F. contributions.
Regional Provident Fund Commissioner, Jalpaiguri vs.
Everyday Industries (India), Ltd., & Ors. 2009 LLR 194 (
Cal.H.C.)