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Index
WELFARE FACILITIES UNDER FACTORIES ACT, 1948
I. Introduction.................................................................................................................................2II. Welfare........................................................................................................................................2
A. Washing facilities:..................................................................................................................2B. Facilities for storing and drying clothing:...............................................................................2C. Facilities for sitting:................................................................................................................3D. First-aid appliances:................................................................................................................3E. Canteens:.................................................................................................................................4F. Shelters, Rest rooms and Lunch rooms:.................................................................................5G. Creches:...................................................................................................................................5H. Welfare officers:.....................................................................................................................6
WELFARE FACILITIES UNDER MAHARASHTRA FACTORY RULES, 1963
I. 79. Canteens:...............................................................................................................................7II. 80. Dining hall:...........................................................................................................................8III. 81. Equipment:............................................................................................................................9IV. 82. Prices to be displayed...........................................................................................................9V. 83. Accounts:..............................................................................................................................9VI. 84. Managing Committee.........................................................................................................10VII. 85. Foodstuffs to be served and prices to be charged...............................................................11
CASE LAW
Parimal Chandra Rahas vs Life Insurance Corporation..................................................................13
Personnel Law & Management 1 Vaibhav Deshmukh
WELFARE FACILITIES UNDER
FACTORIES ACT, 1948
I. Introduction
The term ‘Labour Welfare’ refers to the facilities provided to workers in and outside the
factory premises such as canteens, rest and recreation facilities, housing and all other
services that contribute to the wellbeing of workers. Welfare measures are concerned
with general wellbeing and efficiency of workers. Compulsory provisions are thus
incorporated in the Factories Act, 1948 with respect to the health, safety and welfare of
workers engaged in the manufacturing process.
Personnel Law & Management 2 Vaibhav Deshmukh
II. Welfare
A. Washing facilities:
1. In every factory –
a) Adequate and suitable facilities for washing shall be provided and
maintained for the use of the workers therein;
b) Separate and adequately screened facilities shall be provided for
the use of male and female workers:
c) Such facilities shall be conveniently accessible and shall be kept
clean.
2. The State Government may, in respect of any factory or class or
description of factories or of any manufacturing process, prescribe
standards of adequate and suitable facilities for washing.
B. Facilities for storing and drying clothing:
The State Government may, in respect of any factory or class or description
of factories, make rules requiring the provision therein of suitable places for
keeping clothing not worn during working hours and for tile drying of wet
clothing.
C. Facilities for sitting:
1. In every factory suitable arrangements for sitting shall be provided and
maintained for all workers obliged to work in a standing position.
2. If, in the opinion of the Chief Inspector, the workers in any factory
engaged in a particular manufacturing process or working in a particular
room are able to do their work efficiently in a sitting position, he may, by
order in writing, require the occupier of the factory to provide before a
specified date such setting arrangements as may be practicable for all
workers so engaged or working.
Personnel Law & Management 3 Vaibhav Deshmukh
3. The State Government may, by notification in the Official Gazette,
declare that the provisions of sub-section (1) shall not apply to any
specified factory or class or description of factories or to any specified
manufacturing process.
D. First-aid appliances:
1. There shall in every factory be provided and maintained so as to be
readily accessible during all working hours first-aid boxes or cupboards
equipped with the prescribed contents, and the number of such boxes or
cupboards to be provided and maintained shall not be less than one for
every 150 workers ordinarily employed at anyone time in the factory.
2. Nothing except the prescribed contents shall be kept in a first-aid box or
cupboard.
3. Each first-aid box or cupboard shall be kept in the charge of a separate
responsible person who holds a certificate in first-aid treatment
recognized by the State Government and who shall always be readily
available during the working hours of the factory.
4. In every factory wherein more than 500 workers are ordinarily employed
there shall be provided and maintained an ambulance room of the
prescribed size, containing the prescribed equipment and in the charge
of such medical and nursing staff as may be prescribed and those
facilities shall always be made readily available during the working hours
of the factory.
E. Canteens:
1. The State Government may make rules requiring that in any specified
factory wherein more than 250 workers are ordinarily employed, a
canteen or canteens shall be provided and maintained by the occupier
for the use of the workers.
Personnel Law & Management 4 Vaibhav Deshmukh
2. Without prejudice to the generality of the foregoing power, such rules
may provide for-
a) The date by which such canteen shall be provided;
b) The standards in respect of construction, accommodation,
furniture and other equipment of the canteen:
c) The foodstuffs to be served therein and the charges which may
be made therefore;
d) The constitution of a managing committee for the canteen and
representation of the workers in the management of the canteen;
e) The items of expenditure in the running of the canteen which are
not to be taken into account in fixing the cost of foodstuffs and
which shall be borne by the employer.
f) The delegation to the Chief Inspector, subject to such conditions
as may be prescribed, of the power to make rules under clause
(C).
Personnel Law & Management 5 Vaibhav Deshmukh
F. Shelters, Rest rooms and Lunch rooms:
1. In every factory wherein more than 150 workers are ordinarily employed,
adequate and suitable shelters or rest rooms and a suitable lunch room,
with provision for drinking water, where workers can eat meals brought
by them, shall be provided and maintained for the use of the workers:
2. Provided that any canteen maintained in accordance with the provisions
of section 46 shall be regarded as part of the requirements of this sub-
section:
3. Provided further that where a lunch room exists no worker shall eat any
food in the work room.
4. The shelters or rest rooms or lunch rooms to be provided under sub-
section (1) shall be sufficiently lighted and ventilated and shall be
maintained in a cool and clean condition.
5. The State Government may-
a) Prescribe the standards in respect of construction,
accommodation, furniture and other equipment of shelters, rest
rooms and lunch rooms to be provided under this section:
b) By notification in the Official Gazette, exempt any factory or class
or description of factories from the requirements of this section.
G. Creches:
1. In every factory wherein more than 50 women workers are ordinarily
employed there shall be provided and maintained a suitable room or
rooms for the use of children under the age of six years of such women.
2. Such rooms shall provide adequate accommodation, shall be adequately
lighted and ventilated, shall be maintained in a clean and sanitary
condition and shall be under the charge of women trained in the care of
children and infants.
Personnel Law & Management 6 Vaibhav Deshmukh
3. The State Government may make rules-
a) Prescribing the location and the standards in respect of
construction, accommodation furniture and other equipment of
rooms to be provided under this section;
b) Requiring the provision in factories to which this section applies of
additional facilities for the care of children belonging to women
workers, including suitable provision of facilities for washing and
changing their clothing;
c) Requiring the provision in any factory of free milk or refreshment
or both for such children;
d) Requiring that facilities shall be given in any factory for the
mothers of such children to feed them at the necessary intervals.
H. Welfare officers:
1. In every factory wherein 500 or more workers are ordinarily employed
the occupier shall employ in the factory such number of welfare officers
as may be prescribed.
2. The State Government may prescribe the duties, qualifications and
conditions of service of officers employed under sub-section (I).
Personnel Law & Management 7 Vaibhav Deshmukh
WELFARE FACILITIES UNDER
MAHARASHTRA FACTORY RULES, 1963
Rules 79 to 85 prescribed under section 46
Personnel Law & Management 8 Vaibhav Deshmukh
I. 79. Canteens:
1. The occupier of every factory wherein more than 250 workers are ordinarily
employed and which is specified by the State Government by a notification in
this behalf shall provide, in or near the factory, an adequate canteen according
to the standards prescribed in the Rules. The canteen shall be available for the
use of the workers, within six months from the date of such notification:
Provided that the State Government may for sufficient reasons, from time to
time by an order in writing, extend the said period in respect of any specified
factory.
2. The manager of a factory shall submit for the approval of the Chief Inspector
plans and site plan, in duplicate, of the building to be constructed or adapted for
use as a canteen.
3. The canteen building shall be situated not less than 15 meters from the latrine,
urinal, boiler house, coal stacks, ash dumps and any other source of dust,
smoke or obnoxious fumes, provided that the Chief Inspector may in any
particular factory relax the provisions of this sub-rule to such extent as may be
reasonable in the circumstances and may require measures to be adopted to
secure the essential purpose of this sub-rule.
4. The canteen building shall be constructed in accordance with the plans
approved by the Chief Inspector and shall accommodate at least a dining hall,
kitchen, store room, pantry and washing places separately for workers and for
utensils.
5. In a canteen the floor and inside walls up to a height of 120 centimeters from
the floor shall be made of smooth and impervious material; the remaining
portion of the inside walls shall be made smooth by cement plaster or in any
other manner approved by the Chief Inspector.
6. The doors and windows of canteen building shall be of fly- proof construction
and shall allow adequate ventilation.
Personnel Law & Management 9 Vaibhav Deshmukh
7. The canteen shall be sufficiently lighted at all times when any person has
access to it.
8. In every canteen-
a. all inside walls or rooms and all ceilings and passages and staircases
shall be lime-washed or color-washed at least once in each year or
painted once in three years
b. all wood work shall be varnished or painted once in three years dating
from the period when last varnished or painted;
c. all internal structural iron or steel work be varnished or painted once in
three years dating from the period when last varnished or painted,
provided that inside walls of the kitchen shall be lime-washed once every
four months.
d. Records' of dates on which lime-washing, colour-washing, varnishing or
painting is carried out shall be maintained.
9. Precincts of the canteen shall be maintained in a clean and sanitary condition.
II. 80. Dining hall:
1. The dining hall shall accommodate at a time at least 30 per cent of the workers
working at a time, provided that, in any particular factory or in any particular
class of factories the State Government may, by a notification in this behalf,
alter the percentage of workers to be accommodated.
2. The floor area of the dining hall, excluding the area occupied by the service
counter and any furniture except tables and chairs, shall be not less than one
square metre per diner to be accommodated as prescribed in sub-rule (1):
Provided that in the case of factories in existence at the date of the
commencement of the Act, where it is impracticable, owing to the lack of space,
to provide one square metre of floor area for each person, such reduced floor
area per person shall be provided as may be approved in writing by the Chief
Inspector.
Personnel Law & Management 10 Vaibhav Deshmukh
3. A portion of the dining hall and service counter shall be partitioned off and
reserved for women workers, in proportion to their number. Washing place for
women shall be separate and screened to secure privacy.
4. Sufficient tables, stools, chairs or benches shall be available for the number of
diners to be accommodated as prescribed in sub-rule (1).
III. 81. Equipment:
1. There shall be provided and maintained sufficient utensils, crockery, cutlery,
furniture and any other equipment necessary for the efficient running of the
canteen. Suitable clean clothes for the employees serving in the canteen shall
also be provided and maintained.
2. The furniture, utensils and other equipment shall be maintained in a clean and
hygienic condition. A service counter, if provided, shall have a top of smooth
and impervious material. Suitable facilities including an adequate supply of hot
water shall be provided for the cleaning of utensils and equipment.
3. Where the canteen is managed by a Co-operative Society registered or
deemed to be registered under the Maharashtra Co-operative Societies Act,
1960, the occupier shall provide the initial equipment for such canteen and shall
undertake that any equipment required thereafter for the maintenance of such
canteen shall be provided by such Co-operative Society.
IV. 82. Prices to be displayed:
The charge per portion of foodstuff, beverages and any other item served in the
canteen shall be conspicuously displayed in the canteen.
V. 83. Accounts:
1. All books of accounts, registers and any other document used in connection
with the running of the canteen shall be produced on demand to an Inspector.
Personnel Law & Management 11 Vaibhav Deshmukh
2. The accounts pertaining to the canteen shall be audited, once every twelve
months, by registered accountants and auditors. The balance sheet prepared
by the said auditors shall be submitted to the Canteen Managing Committee
not later than two months after the closing of the audited accounts:
a. Provided that the accounts pertaining to the canteen in a Government
factory having its own Accounts Departments may be audited in such
Department:
i. Provided further that where the canteen is managed by a Co-
operative Society registered or deemed to be registered under the
Maharashtra Co-operative Societies Act, 1960, the accounts
pertaining to such canteen may be audited in accordance with the
provisions of the Maharashtra Co-operative Societies Act, 1960.
VI.84. Managing Committee:
1. The Manager shall appoint a Canteen Managing Committee which shall be
consulted from time to time the quality and quantity of foodstuffs to be served in
the canteen;
a. the arrangement of the menus;
b. times of meals in the canteen; and
c. any other matter pertaining to the canteen as may be directed by the
Committee:
i. Provided that where the canteen is managed by a Co-operative
Society registered or deemed to be registered under the
Maharashtra Co-operative Societies Act, 1960, it shall not be
necessary to appoint a Canteen Managing Committee.
Personnel Law & Management 12 Vaibhav Deshmukh
2. The Canteen Managing Committee shall consist of an equal number of persons
nominated by the occupier and elected, in the case where there is a Joint
Committee constituted under the Bombay Industrial Relations Act, 1946 or any
other Committee constituted under any law for the time being in force
consisting of representatives of an employer and workers in a factory, by the
members of such Joint Committee or of such other Committee representing the
workers and in any other case, by the workers themselves. The number of
elected workers shall be in the proportion of 1 for every 1,000 workers
employed in the factory provided that in no case shall there be more than 5 or
less than 2 workers on the Committee.
3. The manager shall in consultation with the members of the Joint Committee, if
any, determine and supervise the procedure for election to the Canteen
Managing Committee.
4. Canteen Managing Committee shall be reconstituted every two years, the
previous Managing Committee holding office till such time as the new
Committee takes charge.
VII. 85. Foodstuffs to be served and prices to be charged:
1. The Chief Inspector may, by an order in writing, direct the manager to provide
in the canteen any item of foodstuff if he is satisfied that such item is in general
demand. Such order shall specify the size of each portion to be served, the
number of portions which shall be available and the frequency of serving the
particular item per week. Such order shall also specify the time-limit within
which the order shall be complied with.
2. Food, drink and other items served in the canteen shall be sold on non-profit
basis and in computing the charges to be made for such food, drink or other
items the following items shall not be taken into consideration, namely:
a. the rent for the land and building;
b. the depreciation and maintenance charges of the building and
equipment provided for the canteen;
Personnel Law & Management 13 Vaibhav Deshmukh
c. the cost of purchase, repairs and replacement of equipment including
furniture, crockery, cutlery and utensils;
d. the water charges and other charges incurred for lighting and ventilation;
and
e. the interest on the amounts spent on the provision and maintenance of
furniture and equipment provided for the canteen:
Provided that where the canteen is managed by a co-operative society
registered or deemed to be registered under the Maharashtra Co-
operative Societies Act, 1960, such society may include in the charges
to be made for any such food, drink or other items served, a profit up to
5 per cent of its working capital employed in running the canteen.
Personnel Law & Management 14 Vaibhav Deshmukh
CASE LAW
PARIMAL CHANDRA RAHAS
v/s
LIFE INSURANCE CORPORATION
Parimal Chandra Rahas case (supra) arose out of a Writ Petition filed under Article
226 of the Constitution wherein the canteen employees of the Life Insurance
Corporation claimed to be the permanent employees of the Life Insurance
Corporation. In the facts and circumstances of the case, the Supreme Court took the
view that the canteen workmen were entitled to be absorbed as workmen of Life
Insurance Corporation for the following reasons :-
Personnel Law & Management 15 Vaibhav Deshmukh
The facts on record on the other hand, show in unmistakable terms that
canteen services have been provided to the employees of the Corporation
for a long time and it is the Corporation which has been from time to
time, taking steps to provide the said services. The Corporation has been
taking active interest even in organizing the canteen committees. It is further
the Corporation which has been appointing the contractors to run the
canteens and entering into agreements with them for the purpose. The terms
of the contract further show that they are in the nature of directions to the
contractor about the manner in which the canteen should be run and the
canteen services should be rendered to the employees. Both the
appointment of the contractor and the tenure of the contract are as per the
stipulations made by the Corporation in the agreement. Even the prices of
the items served, the place where they should be cooked, the hours during
which and the place where they should be served, are dictated by the
Corporation. The Corporation has also reserved the right to modify the terms
of the contract unilaterally and the contractor has no say in the matter.
Further, the record shows that almost all the workers of the canteen like
the appellants have been working in the canteen continuously for a long
time whatever the mechanism employed by the Corporation to
supervise and control the working of the canteen. Although the
supervising and managing body of the canteen has changed hands from time
to time, the workers have remained constant. This is apart from the fact
that the infrastructure for running the canteen, viz. the premises,
furniture, electricity, water, etc. is supplied by the Corporation to the
managing agency for running the canteen. Further, it cannot be disputed
that the canteen service is essential for the efficient working of the employees
and of the offices of the Corporation. In fact, by controlling the hours during
which the counter and floor service will be made available to the
employees by the canteen, the Corporation has also tried to avoid the
waste of time which would otherwise be the result if the employees have to
go outside the offices in search of such services. The service is available to
all the employees in the premises of the office itself and continuously since
inception of the Corporation, as pointed out earlier. The employees of the
Personnel Law & Management 16 Vaibhav Deshmukh
Corporation have all along been making the complaints about the poor or
inadequate service rendered by the canteen to them, only to the
Corporation and the Corporation has been taking steps to remedy the
defects in the canteen service. Further, whenever there was a temporary
breakdown in the canteen service, on account of the agitation or of strike by
the canteen workers, it is the Corporation which has bee taking active
interest in getting the dispute resolved and the canteen workers have also
looked upon the Corporation as their real employer and joined it as a party to
the industrial dispute raised by them. In the circumstances, we are of the
view that the canteen has become a part of the establishment of the
Corporation. The canteen committees, the cooperative society of the
employees and the contractors engaged from time to time are in reality
the agencies of the Corporation and are, only a veil between the corporation
and the canteen workers. We have, therefore, no hesitation in coming to
the conclusion that the canteen workers are in fact the employees of the
Corporation. "
References:
http://www.delhi.gov.in
http://www.google.com
Personnel Law & Management 17 Vaibhav Deshmukh