OTHER SOCIAL SERVICES
ALL THE OFFICES DEALING WITH LABOUR MATTERS fall within the
administrative control of the Industries and Labour Department
of the Government of Maharashtra. The Commissioner of
Labour is the head of all such offices. He has under him
(i) Deputy Commissioners of Labour at Bombay and Nagpur, (ii) Assistant Commissioners of Labour at Bombay, Nagpur, Aurangabad and Poona, (iii) Chief Inspector of Factories, Bombay, with subordinate inspectorates at different important centres of the State, (iv) Chief Inspector of Steam Boilers and Emoke Nuisances, Bombay, with subordinate inspectorate, and (v) the Chief Government Labour Officer, Bombay, with Government Labour Officers at each important centre.
The Commissioner of Labour performs the statutory functions entrusted to him under the various Acts, Central as well as State. He also supervises their enforcement administratively.
The Central Acts which he has to enforce are the Industrial Disputes Act, 1947, the Indian Trade- Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, the Minimum Wages Act, 1948, the Working Journalists (conditions of service and miscellaneous provisions) Act, 1955 and the Motor Transport Workers Act, 1961.
The enforcement of the Bombay Industrial Relations Act. 1946, the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 and the Bombay Shops and Establishments Act, 1948, which are State Acts also vests in him. The Commissioner of Labour also supervises and co-ordinates the working of the offices under his control. In addition, the office of the Commissioner of Labour has to compile and publish the Consumer Price Index Numbers for working class for Bombay, Sholapur,
Jalgaon, Nagpur, Aurangabad and Nanded, to conduct socio-economic enquiries into the conditions of labour, to compile and disseminate information on matters connected with labour in general and collect statistics regarding industrial disputes, agricultural wages, absenteeism, cotton mills, trade unions, etc., in particular, to publish the Labour Gazette and the Industrial Court Reporter which are the monthlies, to supervise the working of the Bombay Shops and Establishments Act, 1948, wherever it is administered by local authorities and to conduct advisory service as regards personnel management.
The Deputy Commissioner of Labour, Nagpur, is declared as
the regional head of all the offices under the Commissioner of
Labour in Nagpur and Aurangabad Divisions and has been
entrusted with the necessary powers for running the administration of the Labour Offices in these Divisions. He performs statutory functions entrusted to him under the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. He is the certifying authority of Standing Orders under the Central Provinces and Berar Industrial Disputes Act, 1947, the Registrar of Recognised Unions under the said Act and has also been appointed as Authority under Section 16 of the Act to assist the Commissioner of Labour under that Section. He is assisted by two Assistant Commissioners of Labour stationed at Nagpur and having jurisdiction over the entire Vidarbha Division. Both these Assistant Commissioners are appointed as Authorities under Section 16 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, and one of them is also appointed as Assistant Registrar of Recognised Unions under the said Act. There are also Government Labour Officers at Nagpur and other centres including Amravati. They perform the statutory duties of Labour Officer entrusted to them under the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. They are appointed as Conciliators under the said Act and are also Inspectors under the Shops and Establishments Act and the Minimum Wages Act. The Government Labour Officers are also appointed as Inspectors under the Working Journalists Act. They deal with individual complaints from all industries which fall within the purview of State Government. There is a separate socio-economic research section in the office of the Deputy Commissioner of Labour, Nagpur, which conducts enquiries into various socio-economic and labour problems in different industries.
One of the Deputy Commissioners of Labour at Bombay has been notified as the Registrar of Trade Unions under the Indian Trade Unions Act, 1926, in addition to his duties as Deputy Commissioner of Labour, Bombay. He is assisted in his work by the Deputy Commissioner of Labour, Nagpur, who has been notified as Additional Registrar as far as Vidarbha region is concerned.
The work in connection with the administration of this Act includes the registration of trade unions under the Act, registration of amendments to the constitutions of the Unions and preparation of Annual Report on the working of the Act in the State based on the information contained in the annual returns submitted by the Registered Trade Unions under Section 28 of the Act. There are 20 registered Trade Unions in Amravati district.
Consumer Price Index Number for Working Class.
No separate Cost of Living Index is compiled for Amravati
district. The index series at Nagpur is adopted in all centres of Nagpur Division.
Wages and Earnings.
Under an award, the minimum basic wage for an unskilled
worker is fixed at Rs. 23 for 26 working days in a month in the
case of textile mills. Due to the recent Textile Wage Board
Recommendations, the Textile Workers have gained an increase
of Rs. 8 in all. The rate of dearness allowance is linked to the
cost of living series at Nagpur.
Shops and Establishments Act.
Bombay Shops and Establishments Act, 1948, has been made applicable to Amravati, Daryapur, Anjangaon, Achalpur, Badnera and Dhamangaon in Amravati district.
The Act is administered by the office of the Deputy Commissioner of Labour, Nagpur, in all these centres except at Daryapur, Anjangaon and Amravati where it is administered by the municipality. He is assisted by Shop Inspectors in the enforcement of the Act. The Act fixes working hours, rest periods, spread over of work, weekly holidays with wages, annual leave with wages, etc., for employees in shops, commercial establishments, restaurants, and places of amusement.
State Insurance Act.
The Employees' State Insurance Act, 1948, has not been made
applicable to the district. The Employees' Provident Fund Act is, however, applicable to the district.
The Factories Act, 1948, and Rules thereunder prescribe for appointment of Welfare Officers in all factories employing more than 500 workmen on an average. They also prescribe the number of such officers to be appointed according to the strength of the factories.
Government Labour Officers
The Government Labour Officers at Bombay work under the supervision and control of the Chief Government Labour, Officer, Bombay. At various sub-offices they are under the administrative control of the respective heads of offices or the regional heads. In the Vidarbha Division, there are five Government Labour Officers, two at Nagpur and one each at Bhandara, Akola and Amravati. The Government Labour Officers are statutory Labour Officers under the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. and are also appointed as Conciliators under that Act. In the absence of recognised unions in any industry, they have to elect representatives of employees for the purpose of representation of employees in collective disputes and in the absence of any such elected representative they themselves have to act as representatives of the employees. They attend to individual complaints from employees from all the industries and keep Government and other authorities informed of the latest situation in the labour and industrial fields by sending regular reports to these authorities. They also act as Minimum Wages Inspectors and Shop Inspectors and, as such, enforce the provisions of these Acts in the areas under their jurisdiction. Being Inspectors under the Working Journalists Act, they are also concerned with the enforcement of the provisions of the said Act.
LABOUR Minimum Wagea Act.
The Minimum Wages Act, 1948, has been made applicable
to the (1) oil mills, (2) public motor transport undertakings,
(3) cement industry, (4) pottery making, (5) rice, flour and dal
milling, (6) local authorities, (7) road construction and building
operations, (8) stone-breaking and stone-crushing, (9) lac making,
(10) leather manufactory, (11) glass industry, (12) bidi manu- factory, (13) cotton ginning and pressing factories, (14) printing presses and (15) shops and commercial establishments. Rates of minimum wages have been prescribed by the former Madhya Pradesh Government in all the employments except shops and commercial establishments. In the employment in shops and commercial establishments, the minimum wages have been fixed by the Bombay Government[Notification No. MWA-4257-J, dated the 18th April 1959. ]in Nagpur City only. There are two full-fledged Minimum Wages Inspectors (Non-Gazetted) for the enforcement of the provisions of the Act whose jurisdiction extends over all the eight districts in the Nagpur Division. The Government Labour Officer, Amravati, is also Minimum Wages Inspector for the area under his jurisdiction and helps in the enforcement of the provisions of the Act.
The State Industrial Court, Nagpur, is constituted under Section 22 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. It exercises jurisdiction over the entire Nagpur Division.
The President and the members of the Industrial Court under the Bombay Industrial Relations Act, 1946, are also appointed as President and members of the State Industrial Court, Nagpur, under the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. In addition, one member is stationed at Nagpur with an Assistant Registrar and the necessary ministerial staff under him.
There are eight District Industrial Courts in the Nagpur Division one each at Nagpur, Bhandara, Amravati, Akola, Chanda, Yeotmal, Buldhana and Wardha.
The duties and powers of the State Industrial Court, Nagpur, are detailed in Chapter III of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947. The State Industrial Court acts as a court of arbitration in industrial disputes referred to it by a civil court, on reference by the State Government or on application by an employer or employee concerned or by a representative of the employee concerned or by the Labour Officer to decide the illegality of strike, lockout or any notice of change. The parties may refer the dispute to the State Industrial Court, Nagpur, on failure of the conciliation proceedings. The State Government may also make a reference to it for a declaration whether a proposed strike, lockout, closure or stoppage of work would be illegal.
In its appellate jurisdiction, it decides appeals preferred to it from the orders of District Industrial Court, Wage Board and Commissioner of Labour.
There is a provision under Chapter IV-A of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, for
appointment of Wage Boards in different industries for dealing
with the disputes in the respective industries. A Wage Board
for the Cotton Textile Industry in the Vidarhha Division has
been constituted by the State Government. References of disputes 10 the Wage Board are made by Government by a noti
fication issued under Section 37-C of the Act. An appeal against
the decision of the Wage Board lies to the State Industrial
The Factory Department is under the administrative control
of the Commissioner of Labour, Bombay. But the Chief Inspector of Factories, Bombay, has complete control of the technical side of the work of the department all over the State. Amravati District, along with other districts of Nagpur, Wardha, Chanda. Yeotmal, Akola, Buldhana and Bhandara in Nagpur Division and Parbhani, Aurangabad, Nanded, Bhir and Osmanabad in Aurangabad Division, falls under the jurisdiction of the Deputy Chief Inspector of Factories, Nagpur, who is the regional head for the two regions. The Factory Department is mainly responsible for the administration of the Factories Act, 1948. The Department has also to administer Payment of Wages Act, 1936. Maternity Benefit Act, Cotton Ginning and Pressing Factories Act. 1925 (Issue of Licences and Approval of plans only). Employment of Children Act, 1938 and Workmen's Compensation Act, 1923.
The work of issuing licences in Vidarhha area under the Cotton Canning and Pressing Factories Act is also done by the Nagpur Factory Inspection Office. The sub-offices of the Factory Department have been opened at Akola, Aurangahad and Bhandara where the Inspectors have been posted along with the necessary ministerial staff.
The main function of the Inspectors is to ensure that the provisions of the Factories Act and rules thereunder are observed by the management of the factories. The Inspectors have also powers to prosecute, conduct or defend before the competent courts, cases under the Factories Act, Payment of Wages Act and Maternity Benefit Act.
Workmen's Compensation Act.
Workmen's Compensation Act: Under the provisions of the Workmen's Compensation Act (VIII of 1923), "the Commissioner for Workmen's Compensation, Bombay, has been given exclusive jurisdiction over Bombay and Bombay Suburban District. The Commissioner has also exclusive jurisdiction to try all cases relating to the Western, Central and Southern Railways and the hydroelectric companies under the management of Messrs. Tata Hydroelectric Agencies, Ltd., arising in the State irrespective of the district in which they occur. The Commissioner has also general jurisdiction over the whole State.
The Civil Judge, Senior Division, Amravati, is ex officio Commissioner for Workmen's Compensation for Amravati district.
The principal reason for giving the Commissioner for Workmen's Compensation, Bombay, jurisdiction over the whole State
is to enable him to settle the cases with insurance companies
and other firms which have their head offices in Bomhay city.But as this arrangement necessarily entails a certain amount of
overlapping, Government have issued instructions under Section 20 (2) of the Act for distribution of work between the
Commissioner and the ex officio Commissioners. Under these
instructions, the Commissioner at Bombay is authorised-
(a) to receive deposits for distribution of compensation under sub-sections (1) and (2) of section 8;
(b) to issue notices to, and to receive applications from dependants in cases of deposits under these sub-sections; and
(c) to receive agreements for registration under section 28, wherever the accident may have taken place.
Where a deposit is received or an agreement is tendered for registration, the Commissioner notifies the ex officio Commissioner concerned. Applications for orders to deposit compensation when no deposit under section 8 (1) has been received, and other applications provided for in section 22 of the Act should be made to the ex officio Commissioner within whose jurisdiction the accident occurs. Notices to employers under Section 10-A requiring statements regarding fatal accidents in the district are issued by the ex officio Commissioners and reports of fatal accidents made under Section 10-B are also received by them. After notice has been issued by the ex officio Commissioner under Section 10-A, the employer deposits the money with the Commissioner at Bombay and the latter notifies the receipt of the deposit to the ex officio Commissioner concerned. Applications for review or commutation of half-monthly payments have to be made to the Commissioner who passed the original orders.
As regards the cases arising out of accidents on the Southern Railway, they are dealt with by the ex officio Commissioners concerned.
Payment of Wages Act.
Payment of Wages Act, 1936: In Amravati District, the
civil Judges have been appointed as authorities for the area within their jurisdiction.
Minimum Wages Act, 1948.
Minimum Wages Act, 1948: The Civil Judges who have been appointed authorities under the Payment of Wages Act have been appointed authorities under the Minimum Wages Act to hear and decide claims arising out of payment of less than the minimum rates of wages to employees employed or paid in their respective jurisdictions.
Steam Boilers and Smoke Nuisances Department.
The Department is under the administrative control of the
Commissioner of Labour, Bombay, but the Chief Inspector of
Steam Boilers and Smoke Nuisances, who is the head of the
office, has full control over the technical side of the work and
is responsible for the smooth working and administration of
the Indian Boilers Act, 1960, and rules thereunder.
The work carried out by the department mainly comprises m
the registration and inspection of steam boilers, economisers
and steam pipes including mountings and other fittings. The
registration and inspection work of the steam boilers in the
district is carried out by the Inspector of Steam Boilers and
Smoke Nuisances with his headquarters at Nagpur. Compe-tency Boiler Attendants Examinations are held at Nagpur
thrice a year for the benefit of the candidates from the Vidarbha
Region. For this purpose, the Inspector at Nagpur has been
appointed as the Secretary of the Board of Examiners.