This Act provides for the payment by certain classes of employers to their workmen of compensation for the injury by accident arising out of and in the course of their employment. This act is applicable only to those workmen in industries as specified in Schedule. II of the Act. However, after the enactment of the Employee’s State Insurance Act, 1948, this act does not apply to those areas, which are covered by the E.S.I. Act, 1948.
The casual workers are also covered under the provisions of the Workmen’s Compensation Act, as per the recent amendment made by the Government of India. There is a provision for appeal in this act against the order passed by the Commissioner for Workmen’s Compensation.
The Regional Deputy Commissioners of Labour are notified as Commissioner for Workmen’s Compensation.
The Trade UnionsAct, 1926:
This Act provides for the registration of Trade Unions and in certain respects to define the law relating to Registered Trade Unions.
This Act provides elaborate provisions for registration of Trade Unions and cancellation thereof and deals with the rights, liabilities and immunities of Trade Union. This Act also provides for creation and utilisation of general fund and political fund. However, there is no provision in the Act to grant recognition for a Trade Union. In Tamil Nadu, the Code of Discipline, 1958 provides the procedure for recognition of Trade Union.
According to the provisions of this Act, No Trade Union of workmen shall be registered unless atleast 10% or one hundred of the workmen whichever is less engaged or employed in the Establishment or Industry.
The Regional Deputy Commissioners of Labour are functioning as Registrar of Trade Unions.
The Payment of Wages Act, 1936
The Payment of Wages Act was enacted in 1936 and it came into operation on 21st March 1937. It extends to the whole of India.
This Act regulates the payment of wages to certain classes of employed persons. It was enacted to ensure that wages payable to employees covered by the Act are disbursed by the employers within the prescribed time limit and that no deduction other than those authorised by Law are made by the employers. This act applies to person employed in any factory or person employed in a Railway by a Railway Administration either directly or through a sub-contractor. Further, the State Government are empowered to extend the provisions of the Act to cover persons employed in any Industrial Establishment or any class or Group of Industrial Establishment as defined in the Act by way of notification. The existing wage limit for the applicability of the Act is Rs. 6,500/- per mensem.
The Assistant Inspector of Labour, Deputy Inspector of Labour, Inspector of Labour and Inspector of Plantations have been notified as Inspectors under this Act.
Regional Deputy Commissioners of Labour have been notified as Authorities to hear and decide all claims under this Act.
The Industrial Employment (Standing Orders) Act, 1946
This Act has been enacted to require employers in Industrial Establishments to define with precision the conditions of employment under them and to make the said conditions known to workmen. The three Zonal Joint Commissioners of Labour have been notified as Certifying Officers under this Act.
As per the State Government Notification, vide G.O. Ms. No. 2272, Labour, Dated. 11.11.1986, this Act applies to every Industrial Establishment in which 20 or more workers are employed. According to the Act, employers have to get their standing orders certified. In respect of the Industrial Establishments for which Standing Orders have not been got certified, the Model Standing Orders prescribed in the Act will apply till it is certified by the Certifying Officer.
Industrial Disputes Act, 1947
This Act makes provision for the investigation and settlement of Industrial Disputes and for certain other
purposes. It extends to the whole of India.
The main object of this Act is to
promote measures for good relations between the employer and workmen,
investigate and settle the Industrial Disputes,
prevention of illegal strikes and lock-outs,
relief to workmen in the matters of dismissal, non-employment, lay-off,
retrenchment, closure and matters incidental thereto.
Protection to public utility services,
Protection of unfair labour practices,
Protective clauses during pendency of conciliation and adjudication.
Recovery of money due from employer.
This Act empowers the Government to refer an Industrial Dispute to Labour Court or Industrial Tribunal specially created to adjudicate and pass Awards.
There is a statutory provision in the Act empowering the State Government, to issue special orders regarding terms and conditions of service pending settlement of disputes. (Section. 10B)
This Act empowers the conciliation officers to intervene in the Industrial Disputes which remain unresolved between the employer and the workmen.
Another important feature of this Act is that the Government can prohibit strikes and lockouts in public utility service without adequate notice and during and after specific period of conciliation or adjudication arbitration proceedings and Government can also prohibit strike and lockouts over the issues covered by the settlement or Awards.
If A factory, mine or plantation employing more than 100 workmen then the employer has to obtain prior permission for laying off or, retrenchment or closure of the unit. The effect of the provision is that if prior permission is not obtained then the workers are entitled to full wages as if they are not laid-off or retrenched.
This Act provides a machinery for conciliation, impose conditions for resorting to strike or lock-out and also empowers Conciliation Officers to settle the dispute through conciliation and also to prohibit the strike and lock-out and even to declare interim relief while referring for adjudication of the dispute.
Section. 2A of the Industrial Disputes Act, 1947 has been amended by Tamil Nadu Act 5 of 1988. As per this amendment, the discharged, dismissed, retrenched or otherwise terminated individual workman can directly approach the Labour Court for adjudication of dispute, if no settlement is arrived at in the course of any conciliation proceedings taken under this Act. This amendment is applicable only in Tamil Nadu.
Minimum Wages Act,1948
Minimum Wages Act, 1948 is a landmark enactment, ensuring payment of minimum wages to workmen
including those who are working in unorganised sector, where labour is vulnerable to exploitation due to illiteracy and
having no effective bargaining power. The Act enables the Government to fix minimum rates of wages in respect of scheduled
employments. The Government can fix\revise minimum rate of wages by following Committee method or Notification Method, as
the case may be.
LIST OF EMPLOYMENTS FOR WHICH MINIMUM WAGES HAVE BEEN FIXED
The Plantations Labour Act 1951 has been enacted to provide for the welfare of the plantation labour and to regulate the conditions of work, in plantations. This Act is applicable to any land used or intended to be used for the growing of tea, coffee, rubber, cinchona or cardamom with an extent of 5 hectares or more and in which 15 or more persons are employed.
The provisions of the Act shall also apply to any land used or intended to be used for growing any other plant which admeasures less than 5 hectares or the number of persons employed therein is less than 15 by the State Government Notification.
This Act is unique in nature as it provides for peculiar facilities such as free housing to workers, free supply of power, free medical treatment to workers and their families, providing creche, educational facilities, canteen facilities and protective clothing such as cumblies & rug and provision of protected drinking water supply and conservancy.
The Working Journalists And Other Newspaper Employees (Conditions Of Service And Miscellaneous Provisions) Act, 1955 .
This Act has been passed to regulate the conditions of service of working Journalists and other persons employed in Newspaper Establishments. The provisions of this Act are enforced by the Inspectors of Labour and by the Public Relations Officer attached to the Office of the Commissioner of Labour.
The Motor Transport Workers Act, 1961
Every employer of a Motor Transport Under taking wherein 5 or more workers are employed has to register his undertaking under this Act. The registration has to be renewed every year. This act regulates the conditions of employment of workers employed in Motor Transport Undertakings.
The Maternity Benefit Act, 1961
This Act provides for the regulation of the employment of women in certain establishments for certain periods before and after child birth and to provide for maternity benefit and certain other benefits.
It provides for 12 weeks leave for child birth, one month medical leave on medical certificate, 6 weeks leave for miscarriage. This Act also provides for the payment of medical bonus of Rs. 250/- if no pre-natal confinement and postnatal care is provided by the employer free of cost. The Inspectors of Labour, Inspectresses of Labour, Inspectors of Plantations, Deputy Inspectors of Labour and Assistant Inspectors of Labour are notified as 'Inspectors' under the Act.
The Payment of Bonus Act, 1965
This Act provides for the payment of bonus to person employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. This Act applies to every factory and every other establishment in which 20 or more persons are employed on any day during the accounting day. Government of Tamil Nadu have issued notification for the application of this Act to the Establishments Employing less than 20 Employees, but not less than 10 Employees.
According to the provisions of this Act, every employee drawing salary or wages not exceeding Rs.10,000/- per month, who has worked for not less than 30 days in an accounting year shall be eligible for bonus. The minimum bonus payable under this Act is 8.33 percent and the maximum is 20 percent.
This Act is being enforced by the Joint Commissioners of Labour, Deputy Commissioners of Labour Assistant Commissioners of Labour and Labour Officer.>
Beedi And Cigar Workers (Conditions Of Employment) Act 1966
The Act provides for the welfare of workers in beedi and cigar establishments and to regulate the conditions of their work and for matters connected therewith.
This Act provides for the regulation of contract system of work, licensing of beedi and cigar industrial premises and matters like health, hours of work, spread over, rest periods, overtime, annual leave with pay, distribution of raw materials and matters connected with non-employment and issue of quality of tendu leaves.
Contract Labour (Regulation And Abolition) Act 1970
The Contract Labour (Regulation and Abolition) Act, 1970 is enacted with the object to regulate the employment of contract Labour in certain establishments and to abolish this system in certain circumstances and for matters connected therewith. The officials of the Department of Labour implementing the Contract Labour Act, in establishments other than Factories covered under the Factories Act
The Payment of Gratuity Act, 1972
This Act provides for a scheme for the payment of Gratuity to employees engaged in Factories, Mines, Oil Fields, Plantations, Ports, Railway Companies, Shops or other establishments and for matters connected there with or incidental thereto.
This Act applies to (a) every Factory, Mine, Oil fields, Plantations, Ports and Railway Companies, (b) every Shop or Establishment in which 10 or more persons are employed or where employed on any day of the preceding 12 months. Once the Act becomes applicable to a Shop or Establishment, it shall continue to apply even if, at any time, the number of employees employed therein falls below 10.
This Act provides for Payment of Gratuity to the employee on the termination of his employment after he has rendered continuous service for not less than 5 years. The Condition of completion of continuous service of 5 years shall not be necessary where the termination of the employment of any employee is due to death or disablement. Normally, the Gratuity is payable on the basic wages plus Dearness Allowance last drawn by any employee. It shall be calculated as follows,
(Monthly Wages/26) x 15 x No. of years of service
The maximum amount of Gratuity payable under this Act shall not exceed Rs. 3,50,000/-. The Assistant Commissioner of Labour in the Office of the Deputy Commissioner of Labour has been notified as Controlling Authority under this Act. The Zonal Joint Commissioner of Labour has been notified as Appellate Authority under this Act.
The Equal Remuneration Act, 1976
The Equal Remuneration Act, 1976 is an Act to provide for the payment of equal remuneration to men and women workers and for the prevention of discrimination on the ground of gender, against women in the matter of employment and for matters connected there with or incidental thereto.
The Sales Promotion Employees (Conditions Of Service) Act 1976.
This Act is enacted to regulate certain service conditions of sales promotion employees in certain establishments. It applies to every establishment engaged in pharmaceutical industry or a notified industry under Section 3 of the Act. Inspectors of Labour, Deputy Inspectors of Labour and Assistant Inspectors of Labour are notified as ‘Inspectors’ under the Act.
Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979.
It applies to every establishment in which five or more Inter-State Migrant workman (whether or not in addition to other workmen) are employed or who were employed on any day of the preceding twelve months and to every contractor who employs or who employed five or more Inter-State Migrant workmen (whether or not in addition to other workmen) on any day of the preceding twelve months.
The Cine Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
The Act covers all cine-workers as defined therein, ie. an individual who is employed directly or through any contractor or other person in or in connection with, the production of a feature film to work as an artist and whose remuneration does not exceed Rs. 1600/- per mensum and where such remuneration is by way of a lumpsum, a sum of Rs. 15000/-
Every producer of a feature film, before engaging cine-workers, will be required to enter into a written agreement and the agreement shall be registered with the competent authority notified under law. Where the cine-workers are engaged through a contractor or other person, the agreement will have to be executed by the producers and such contractor or other person.
A dispute could be raised by the affected workman in case of breach of any of the terms and conditions of the agreement with the conciliation officer of the state. In the event of parties failing to arrive at a settlement, the Conciliation Officer will report to the Central Government about the failure and the Central Government may refer the dispute to single member cine-worker's tribunals constituted under the law.
Child Labour (Prohibition And Regulation) Act 1986
Definition of a Child:
Child means a person who has not completed his fourteenth year of age.
Whoever employs any child or permits any child to work in contravention
of the provisions of Section 3 shall be punishable with imprisonment for a term which shall not be less
than three months but which may extend to one year or with fine which shalll not be less than
ten thousand rupees but which may extend to twenty thousand rupees or with both.
Standards Of Weights And Measures Act 1976
An Act to establish the Standards of Weight and Measures, to regulate Inter-State trade or commerce in weights, measure and other goods which are sold or distributed by weight, measures or number, and to provide for matters connected therewith or incidental thereto.
Standards Of Weights And Measures (Packaged Commodities) Rules, 1977.
It applies to commodities in the packaged form which are sold,
distributed or delivered or for delivery or stored for sale and to check the packaged commodities at
manufacturer's packer's and dealers premises for correctness in order to protect in the interest of consumers.
Standards Of Weights And Measures (Enforcement) Act 1985
This is an Act to provide for the enforcement of the standards of weights and measures establishment by or under the standards of weight and measures Act 1976, and for matters connected therewith or incidental thereto.