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CHAPTER – VI

A SOCIO – LEGAL STUDY OF ALIGARH AND AGRA

Aligarh and Agra are the most important districts of Uttar Pradesh. Within

the districts, there are various industries in which majority of women are engaged.

Some women workers are engaged in home based industries and some are

engaged in big industries, but unfortunately, the conditions of women workers in

these industries are not satisfactory. Although there is an organised machinery

which envisages the protection of women workers under the provisions of law yet

employers have been exploiting them and women workers are subjected to

discrimination and harassment.

A survey is conducted in Aligarh and Agra, to examine the applicability of

various labour laws on socio-legal status of women workers in selected industries

and to see how far and to what extent they are being observed by these industries.

For this purpose this chapter is divided into six parts (1) Area and Scope of study

(2) Objective of study (3) Research methodology (4) The industry profile (5)

Socio-economic profile of women workers (6) An empirical assessment of

protective measures for women worker in these districts.

1. Area and Scope of the Study

The areas of the study are Aligarh and Agra which are the most important

districts of Uttar Pradesh.

Located at a distance of 126 kms. to South-East of Delhi on Delhi-Kolkata

railway line and Grand Truck Road, Aligarh city is an important town of Uttar

Pradesh. It is also the head quarter of Aligarh district and Division. Aligarh district

has its boundaries with the Bulandshahar district in the north Mathura district in

the south, Mahamayanagar (Hathras) district in the South-East and the extreme

northwestern boundary, formed by the river Yamuna, separates Aligarh from

Palwal district of Haryana State.

The Aligarh district covers an area of 3,650 sq. kms. The total population

of Aligarh district is 2,992,286. The number of households in the district at the

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time of survey stood at 465,488. The total workers in Aligarh district are 916,298

according to census of India 2001.

The climate of the city is dry – the summer extremely hot and the winter

severely cold and long. The city is divided into two parts – the old and new by the

railway line. The old city constitutes the main centre of economic activity. The

new part of the city comprises the civil lines area and most part of the Aligarh

Muslim University Campus.

The city is known world wide for its Aligarh Muslim University – an old

centre of modern and scientific education – the annual fair (Exhibition) and the

lock industry. The city has a prosperous business community and its major

commercial activity includes wholesale and retail trade in grain, jaggery lime,

ghee khandsari and vegetables. In the field of industry, brick industry,

manufacture of locks, hicks thermometers industry, building fitting materials, steel

furnitures, brass artwares, khadi and handlooms, rubber, plastic electric machines

and machines parts are important. This development is partly historical and partly

the result of various incentives that have been provided to the medium and small

scale industries by the government of India since the inception of economic

planning in the country.

The city has good infrastructural support in the form of roads, railway

lines, communication, educational institutions, hospitals, industrial estate,

financial institutions etc. Its connection by roads and railways to important town

of U.P. and Northern India provide special advantage to its manufacturing and

commercial activity.

Agra is famous as being home to one of the Seven Wonders of the World –

the Taj Mahal. Agra is a city on the banks of the Yamuna river in the Northern

State of Uttar Pradesh, India.

The architectural splendour of the mausoleums, the fort and the palaces is

vivid reminder of the opulence of the legendary Mughal empire, of which Agra

was the capital in the 16th and early 17th centuries. While its significance as a

political center ended with the transfer of the capital to Delhi in 1634 by Shah

Jahan, its architectural wealth has secured its place on the international map. A

pleasant town with a comparatively slow pace, Agra is known for its superb inlay

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work on marble and soapstone by craftsmen who are descendants of those who

worked under the Mughals. The city is also famous for its carpets, gold thread,

embroidery and leather.

As of the Census of India 2001, Agra district covers an area of 4027

sq.kms. The total population of Agra district is 3,620,436. The number of total

households in the district at that time stood at 544,463. The total workers in Agra

district are 984,305.

Agra, located on the Indo-Gangetic plain has a continental climate, with

long, hot summers from April to September when temperatures can reach as high

as 45oC (1130oF). During summers dry winds (loo) blow in this region. The

monsoon months from July to September see about 69 cm (27 in) of rainfall

annually. Winters last from November to February, with day time temperatures

comfortably warm, but temperatures below freezing are not uncommon during the

night. Agra is also prone to dense fog during the winter months of December and

January.

A major tourist destination, Agra is best visited in the months of October,

November, February and March, when the average temperatures are between 16-

25oC (60-75oF). Tourism contributes to a large extent in the economy of Agra.

The city also has a substantial industrial base. A lot of manufacturing plants

and industry related wholesale markets are prominent in Agra. Agra’s industries

are doing a fine job in various fields, producers and dealers of Agra have a vast

market to support them.

Over 7200 small scale industrial units are spread all over the district. Agra

city is famous for the leather goods, handicrafts zari zardozi, marvel and stone

curving and inlay work. Agra is also well known for its sweets (Petha and Gazak)

and snacks (dalmoth).

The leather industry is among the most traditional and original industries of

Agra. Some of the leading manufacturers, exporter and sellers of leather in Agra

are polyplast industries, Royal International, Eskay Sales Corporation, Best Buy,

Bandejjia Traders and Expomore.

With the expansion of the Agra city, more and more constructions works

are going around the city. To facilitate the flow of work, a lot of organizations

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dealing in building materials have come up. The jewelries of Agra are a great

favourite with the tourists and is in good demand in the international market also.

The present study restricts its attention only to the lock industry, hicks

thermometers industry, brick industry in Aligarh district and construction industry,

footwear industry in Agra district because it is not possible for the researcher to

study all the industries in Aligarh and Agra due to limitation of time.

Aligarh lock industry is labour intensive. It is reported that there are around

three thousand units employing 1.25 lakh workers in the industry. In which around

1300 units are registered with the Office of General Manager, District Industry

Centre, Industrial Estate, Aligarh under the Factories Act 1948. Around 1700 units

are unregistered.1 The industry employs 30 percent of the total labour in the town.

In the lock industry most of the processes has been traditionally carried out under

home based production. The home based production is defined as production that

is carried out in small units in the houses, these units of production that are not

registered under the Factories Act 1948. Home based industries are basically

unorganised units, highly dispersed and scattered and include a major chunk of the

women who are working as a part of family labour. The study is confined only to

home based units of Aligarh lock industry, which are scattered all over the city of

Aligarh. These home based industries are mainly located in 48 Mohallas. Out of

48 areas, 18 areas have high concentration of home based industries and large

number of women workers. The areas are Jeevan Garh, Turkman Gate, Bhojpura,

Shahjamal, Rasalganj, Sarai Rehman, Usmanpara, Hathi Pul, Tantan Para, Chowk

Bundu Khan, Sheikhan, Atish Bazan, Delhi Gate, Kailash Gali, Shastri Nagar,

Parao Dube, Jaiganj and Sarai Lavaria. Researcher has selected 20 home based

units from the area of Jaiganj, Sarai Lavaria, Parao Dube, Delhi Gate, Hathi Pul,

Usman Para, Sarai Rehman, Rasalganj, Shahjamal, Turkman Gate for the study.

According to an estimate of the owners and some of the other significant persons

concerned with Aligarh lock industry, the total number of women workers

employed in these 1700 home based units of Aligarh lock industry may be around

10,000. This number by now has changed as every year because of unorganised

nature of women workers.

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Another industry which is selected for study is Hicks Thermometers

Industry. There is only one unit of hicks thermometers industry in Aligarh which

is registered with Office of General Manager, District Industry Centre, Industrial

Estate, Aligarh under Factories Act, 1948.2 The reason for selection is that 80%

are women workers in comparison to male workers who are only 20%.3 According

to employer of this unit, total no. of workers employed in this industry are 70, in

which the number of women workers are 56.

Beside this, Aligarh district has around 178 brick-kilns registered with

Office of Zila Panchayat License Section, Aligarh. The Brick kilns are registered

under the G.O. issued by Panchayati Raj Anubhag-2.4

In brick kilns around 9,000 workers are engaged, some of them are local

and some are migrant workers, in which around 5,276 male and female workers

belong to Schedule Caste, 2,486 belong to other backward caste and around 500

workers belong to minor. According to an estimates of owners and some of the

other significant persons concerned with brick kilns industry. The total number of

women workers employed in these 178 bricks kilns may be around 2500. Aligarh

district has been divided into 12 block.

These blocks are Akrabad, Dhanipur, Iglas, Gonda, Khair, Tappal,

Chandos, Atrauli, Bijoli, Gangiri, Lodha and Jawan. Brick kilns industry are

located in these blocks. In Aligarh district, the number of brick kilns are largest in

Akrabad which are 45. After that second number is Khair, where brick kilns are

22. The researcher has selected 10 brick kilns from the block of Akrabad, Atrauli,

Dhanipur, Lodha and Iglas for the study.

In Agra Footwear Industry is selected for the study. Footwear in Agra is a

very labour intensive industry. It is submitted that there are around 10,150 units in

this industry, in which about 10,000 units are home based. These units are

unregistered and unorganised. Only around 150 units are registered with Office of

Assistant Director of Factory, Agra and Office of General Manager, District

Industry Centre, Agra under the Factories Act, 1948.5 This industry employs

around 2.50 lakh workers in the town in which around 15,000 workers are

engaged in registered units. Women workers are employed both in home based

units and big units. According to estimate of President, Footwear Industry,

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Manufacturing Association, the percentage of women in these units is around 5%

to 8%.

Home based units of footwear industry are located in the Chakki pat, Nala

Kazi Pura, Jagdish Pura, Gyas Pura, Shahganj, Nari Pura, Jeewan Mandi, Gopal

Pura, Nagla Chauo, Idgah, Kupulupur and Gober Chowki. Big units of footwear

industry are located in Sikandara, industrial area, Jones Mill, Kendrya Hindi

Sansthan Road and Heeng Ki Mandi. The researcher has selected 15 home based

units from the area of Jeewan Mandi, Shahganj, Idgah, Chakki Pat, and Nala Kazi

Pura and 5 big units from the area of Sikandara, industrial area and Heeng Ki

Mandi for the study.

In Agra another industry which is selected for the study is construction

industry. Construction industry in Agra is a significant industry in the unorganised

sector. It provides large scale employment opportunities to rural as well as urban

labour. It is reported that there are around 162 construction industry, registered

under the Contract Labour (Regulations and Abolition) Act, 1970 and 19

Construction industry registered under the Building and other construction

workers (Regulation of Employment and Condition of Service) Act, 1996 with the

Office of Deputy Labour Commissioner, Agra.6 In construction around 10,000

construction workers are engaged in Agra. Some workers are local and some are

migrant workers. According to estimates of Labour Enforcement Officer, Dr.

M.K. Pandey, Assistant Labour Commissioner, B.K. Rai, Deputy Labour

Commissioner, Sri Rakesh Kumar and Senior Clerk, Kiran Kumar Agarwal of

Office of Deputy Labour Commissioner, Agra, the total no. of women

construction workers are around 2000 and male construction workers are around

8000. The Office of Construction Industry are located at Mathura Road, Sanjay

Palace, Guwalior Road and Fatehabad Road in Agra.

The researcher has selected 5 construction sites from the area of Sikandra,

Tajganj, Atoos gaon and Paschim Puree Sonali Gaon, Agra for study.

2. The Industry Profile

A. Aligarh Lock Industry

The origin of the lock industry in Aligarh dates back to the year 1860 when

the Postal Department set up a small workshop to manufacture locks for its own

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use. But a real impetus to the development of lock industry in Aligarh city came in

1926 when the government of the country established a metal workshop to train

artisans in lock making. After that many artisan had started manufacturing locks

and its components at their homes with the help of their family members including

children. The industry emerged as the most important industry of the town

offering employment to a large number of people and producing lock worth crores

of rupees. Today locks of different types are made in Aligarh, sent to different

areas in the country and exported to many countries of the world.

The lock industry in Aligarh city mainly comes under small scale and

cottage sectors. But after passing the Micro-Small Medium Enterprises Act, 2006

(MSME) Act, most of the lock manufacturing units comes under the micro

category industries.

The categories of lock industry are divided as follows:

Where machinery investment up to 25 lakh – Micro category industries (This

category is created under the Act i.e. MSME) 7.

25 lakh to 5 crore – Small category industries

5 crore to 10 crore – Medium category industries

Above 10 crore – Heavy category industries

A large part of lock industry comprises household units and workshops.

They are largely unorganised and unregistered. There are some relatively big and

semi-organised units too but their number is very small. The locational pattern of

this industry is such that while the big units are located in the Industrial Estate and

on the outskirts of the city, the smaller units are scattered all over the city. In these

units, the various processes of lock making are carried out mostly by manual

method, such as power press, hand press, polishing, electroplating, spray painting,

assembling and packing. These processes required skilled, semi-skilled and

unskilled workers. Skilled workers include foreman and die maker. Semi-skilled

workers are just the helper to the foreman and die maker etc. Majority of the lock

workers belong to unskilled category. The shackle maker, filer and liver maker

etc. comes within this category.

Locks are made in Aligarh by both i.e. traditional and modern methods.

The traditional method is mostly used in making heavy locks of Brass and Iron.

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The smaller locks are made in factories with modern method of production. The

different processes of lock making are carried out in different units. Generally,

cutting bending and grooves making works are done in relatively big units with

the help of power presses and the other processes life buffing, electroplating spray

painting, assembling etc. are carried out in small workshop and household units.

Different units specialize in different works. Factories often get the parts

manufactured outside on contract basis. The contractors get the parts already

manufactured by the sub-contractors. Thus in this process at least three persons are

involved i.e. owner of the factories, contractor and sub-contractor. In engagement

there are fair chances of exploitation the workers.

In lock industry, the large part of women labour is employed in light

processes of lock making such as smoothening and filing of keys, making levers of

lock on small power processes, hand presses, making of card board boxes and

drilling etc. Majority of women labour belongs to the poor section of the society.

They works in home based units. Mostly the women worker work on the piece rate

basis.

B. Brick Kilns Industry

Brick making is as old as human history. Brick remains one of the most

important building materials in India. In Aligarh district, brick industry employs a

large number of workers, due to the labour intensive manual brick-making

process. Brick making is a traditional industry and it is generally confined to rural

and peri urban areas. Almost all the brick making units in Aligarh district belong

to the unorganised sector, employing traditional technology. Brick making is

purely seasonal activity which is closed during the rainy season of every year.

Because of uncertain nature of monsoon season no fixed time schedule is observed

for opening and closing of factory. Usually work starts in September-October and

everything is folded up in April-May.

Bricks are mainly made from clay. Clay bricks require a soil with clay and

sand combination of not less than 50 percent by weight. The three major types of

soil found in India. Alluvial soils are good for brick making. The black cotton soils

need to blend with other additives before being used. Red soils do not make good

bricks due to their coarse and sandy nature and low plasticity. A number of

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additives are added to the clay to increase the strength of the bricks including fuel

wood, cattle dung, rice husks and other agricultural residue. Another recent

possibility being explored is the addition of fly ash to clay.

There are six types of basic operations involved in brick-making depending

on the six types of teams of workers performing them.

1. Moulders are the set of workers who moulds the bricks out of the clay.

2. Brick carriers are those workers who carry the dried brick to the trench

on donkeys or the pony carts or sometimes on the head as well.

3. Brick Arrangers are the workers who arrange the dried bricks in the

trench in a particular pattern so that the bricks get baked evenly.

4. Fireman are the skilled labour who fire the bricks.

5. Unloaders of trench are those workers who are involved in unloading

the baked bricks out of the trench and carrying then to the storing yard

by hand driven carts or sometimes on head.

6. Transporters are the workers who are involved in transporting the fired

bricks to the construction sites by trucks or carts.

Brick making industry employs a large number of skilled and unskilled

labour. For producing 50,000 bricks per day, at least 175 to 185 skilled and

unskilled workers are required.

Women employed in brick kilns are mostly the migrant labour. These

workers live in the huts or quarters made for them by the employer in the vicinity

of the brick kiln. This gives them an opportunity to work with their family

members. This was found to be the main reason for the high percentage of women

employment in the brick kilns.

Majority of the women workers were found engaged mainly in the jobs

incidental to brick moulding. They worked as helpers to the moulders by making

cakes out of the prepared mud mixture and passing these cakes to their male

partners who then shaped them in bricks with the help of a brick moulder. The

women workers were not found employed in operations like earth digging and

preparation of mud mixture which were carried by the male counterparts.

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Women were also found engaged in carrying the dried bricks on the head to

the trench in a few cases where the distance of trench was in close proximity to the

drying yard.

The women also engaged in the operations related with the unloading of

the trench. In the group of trench unloaders they carried the fired bricks to the

storing yard with the help of hand driven carts and in some cases also on the head.

The sorting and stacking operations required some skills and were performed

generally by the males.

No women worker was found engaged in operations like firing the bricks,

arranging them in the trench and transporting them to the consumers.

C. Hicks Thermometers Industry

The popular Hicks Thermometers Industry in India does not have a very

long history. According to information collected from Jr. Managing Director of

Hicks Thermometers (India) Ltd., Aligarh, the origin of industry in Aligarh date

back to the year in 1970, but first it was established in Mussorie in 1962.

The Hicks Thermometer Industry in Aligarh city comes under small scale

and cottage sectors. In Aligarh this industry has only one unit is located in the

industrial estate. In this unit 80% workers are women and 20% are male workers.

The unit is registered with office of General Manager, District Industry Centre,

Industrial Estate, Aligarh under Factories Act, 1948.

In this industry the Thermometers are made both by traditional and modern

method. Most of the work is done by machinery. Various processes involved in

this industry which are tube cutting, temperature setting, printing, finishing and

packing. These processes required skilled, semi-skilled, and unskilled workers.8

The nature of work done by women in this industry is tube cutting,

temperature setting, finishing packing, printing etc. Mostly women workers in this

unit are permanent, but some women workers are temporary.

D. Construction Industry

Much before the industrial enterprises taking places, construction activities

originated in our country. Houses, apartments, factories, offices, schools, roads

and bridges are only some of the products of the construction industry. This

industrial activity includes work of new structures as well as additions, alterations,

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and repairs to existing ones. The employment pattern in this industry is seasonal

and fluctuates largely due to climatic conditions. Building activity in general is at

its peak during the winter months and is at a standstill in the rainy season.

The construction activities can be categorised into three parts based on the

amount of investment i.e. big, medium and small constructions.

Generally, the construction industry operates through a system of

subcontract which varies depending upon size of construction work. The principal

employers as well as constructor do not directly involve themselves in organizing

the labour process. The construction industry provides intermittent employment

of a casual nature. The unorganised nature of the construction labour is directly

linked to the process of production involved in this industry. In construction,

unlike any other type of production, the product of labour remains stationary while

the labour moves from site to site, from one employer to another. This is in

contrast to any other type of production where the product of labour moves, while

the labour forces remain stationary under the same employer. Also, the different

stages of construction are undertaken according to piece-rate by different maistries

and they engage different groups of labourers. Work is organised into masonry,

carpentry, earthwork, concreting, curing, plumbing, painting and electrical work.

Each group of workers is required for work at different times depending on the

stage of construction.

Construction industry depends almost entirely on migrant workers,

majority of whom are women. Unlike other industries where women are employed

in semi-skilled or sometimes even in skilled jobs, in construction industry they are

employed only as unskilled labourers. The tasks assigned to them are carrying

earth, mortar or bricks, crushing bricks and working on hand pumps.

Curing work is mostly undertaken by women. As soon as concreting is

over, the floors, roofs and walls have to be continuously wet with water. The water

is allowed to stand on the floor in order that mortar and cement would settle and

dry properly. Curing has to be continued for a period of 10 days.

Breaking jalli is done by women. The bricks have to be broken into small

pieces using a hammer, for laying the floor.

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Concreting work involves both men and women. The materials required for

concrete mixture is usually assembled near the machine by men, of this involve

carrying bags of cement or sand. After the mixture is made, men and women from

a human chain all along the scaffolding until the spot where jalli has to be

deposited. In quick succession the bondli full of mixture is passed from one hand

to another, and the work goes on the whole day as jalli work has to be completed

within a single day.

In big sites more women are employed to do only concreting work while in

small sites most women do combination of all types of work like carrying cement,

water, sand brick etc.

E. Footwear Industry

Footwear in Agra is a very labour intensive industry and almost no

mechanization exists. The footwear industry, as it exists in Agra, remains deeply

rooted in traditional methods of manufacturing. Most of the work is done by hand

and hardly any mechanization exists. All process control is manual and all records

are kept manually as well.

The origin of footwear industry in Agra is old as human history. It can be

said that about 400 year old when Mughal Kalin people demand for footwear. The

industry emerged as the most important industry of the town offering employment

to a large number of people.

The footwear industry in Agra city mainly comes under the small scale and

cottage sectors. A large part of industry comprises household units. There are

about 10,000 household units which are unorganised and unregistered. There are

some big and semi-organised factories too but their number is very small. There

are around 150 factories. These factories are registered and located in the

‘Sikandara, Industrial area, Jones Mill, Kendrya Hindi Sansathan Road and Heeng

Ki Mandi’. Home based units are situated in the Chakki Pat, Hala Kazi Pura,

Jagdish Pura, Ghyas Pura, Shahganj, Nari Pura, Jeewan Mandi, Gopal Pura, Nagla

Chaou, Idgah, Kupulupur, Gober Chowki.

Various processes involved in footwear industry. These are cutting, fitting,

bottom, pasting, stitching, finishing, packing. These processes required skilled,

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semi-skilled and unskilled workers. In home based-units mostly work is done by

hands whereas in factories mostly work done by machines.9

In footwear industry the large part of women workers employed in cutting,

fitting, stitching, finishing and packing. The percentage of women in home based

units and big units are equal. These are around 5 to 8%.

3. Socio-Economic Profile of Women Workers

This part of the chapter presents the comprehensive information about the

socio-economic profile of the women workers in the home based units of lock

industry, hicks thermometers industry, brick industry of Aligarh and footwear

industry (both home based and factory) and construction industry of Agra

covering aspects relating to their age, educational profile, religion, caste, marital

status, size of family, economic status, nature of job, nature of work performed,

place of work, wage payment system, earning level. A study of awareness about

law and sexual harassment at the work place has also been conducted.

A. Home Based Units of Aligarh Lock Industry

The home based production is defined as production that is carried on in

small units in houses. These units of production are not registered. The researcher

has selected only 20 units out of 1700 home based lock manufacturing industries

for the purpose of present study

Total no. of women workers in selected units are 180, in which 50 women

workers selected for sample.

1. Age

Table 6.1

Age-wise Distribution of Women Workers

S. No. Age (in years) No. of women workers Percentage

1. 18-20 10 20

2. 21-25 25 50

3. 26-30 8 16

4. 31-35 7 14

5. 36-40 0 0

6. 41-45 0 0

7. 46-50 0 0

Total 50 100 Source: Field Study.

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0

5

10

15

20

25

30

35

40

45

50

Perc

en

tag

e

18-20 21-25 26-30 31-35 36-40 41-45 46-50

Age (in years)

Fig 6.1 Age - wise Distribution of Women Workers

(Sample of 50 women workers)

Most of the women workers in the industry are in the age group of 18 to 25

years. The percentage of such age group is 70%. 16% were is the age group of 26-

30 and 14% were in the age group of 31-35 years. No women workers were found

below 18 years of age and above 35 years of age.

2. Educational Profile

Table 6.2

Educational Profile of the Workers

S. No. Educational Level No. of Women

Workers

Percentage

1. Illiterate 10 20

2. Primary 15 30

3. Jr. High School 20 40

4. High School 5 10

5. Intermediate 0 0

6. Graduate and above 0 0

Total 50 100

Source: Field Study.

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The educational status of 30% respondents was up to primary level.

Substantially a big percentage of respondents i.e. (40%) had an educational level

up to Jr. High School. 10% of the respondents had an educational level up to high

school. 20% of the respondents were illiterate. No women worker had an

educational level above high school.

3. Religion

Table 6.3

Religion of Women Workers

S. No. Religion No. of Women Workers Percentage

1. Hindu 15 30

2. Muslim 35 70


Fig 6.3 Religion of Women Workers


30%

70%

Hindu

Muslim

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As far as the religion wise distribution of respondents is concerned, table

and figure 6.3 show that majority i.e. (70%) of the respondents were Muslims and

30% were Hindus.

4. Caste

Table 6.4

Caste of Women Workers

S. No. Caste No. of Women Workers Percentage

1. Scheduled Caste 8 16

2. Scheduled Tribe 5 10

3. Backward Caste 35 70

4. Higher Caste 2 4


Fig 6.4 Caste of women workers


0

10

20

30

40

50

60

70

80

Scheduled

Caste

Scheduled

Tribe

Backward

Caste

Higher Caste

Caste

Perc

en

tag

e

Table and figure 6.4 show that 70% women were from Backward Class,

16% from Scheduled Caste and 10% from Scheduled Tribe. Only 4% women

workers were from Higher Caste.

5. Marital Status

Table 6.5

Marital Status of Women Workers

S. No. Marital status No. of Women

Workers

Percentage

1. Unmarried 5 10

2. Married 43 86

3. Divorced 0 0

4. Widow 2 4


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0

10

20

30

40

50

60

70

80

90

Perc

en

tag

e

Unmarried Married Divorced Widow

Marital status

Fig 6.5 Marital status of women workers


The data on marital status of respondents revealed that 86 percent of total

women workers of the sample were married, 10 percent were unmarried whereas,

4 percent women workers were widow. In the sample no women workers were

divorced.

6. Size of Family

Table 6.6

Size of Family of Women Workers

S. No. Size of family No. of Women

Workers

Percentage

1. Large 32 64

2. Small 18 36


Fig 6.6 Size of family of women workers


0

10

20

30

40

50

60

70

Large Small

Size of family

Perc

en

tag

e

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The data showed 64% women workers in area of this study had large

family while 36% women workers had small family.

7. Economic Status

Table 6.7

Economic Status of Women Workers

S. No. Economic status No. of Women

Workers

Percentage

1. Low 42 84

2. Normal 8 16


Fig 6.7 Economic status of women workers


0

10

20

30

40

50

60

70

80

90

Low Normal

Economic status

Perc

en

tag

e

Table and figure 6.7 show that 84% of the respondents had low economic

status, whereas, 16% of the respondents had normal economic status.

8. Nature of Job

Table 6.8

Nature of Job of Women Workers

S. No. Nature of job No. of Women

Workers

Percentage

1. Unskilled 50 100

2. Semi-skilled 0 0

3. Skilled 0 0


305

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Unskilled Semi-skilled Skilled

Nature of job

Fig 6.8 Nature of job of women workers


In the sample, 100% of the respondents belong to unskilled category. No

women workers belong to semi-skilled and skilled category.

9. Nature of Work Performed

Table 6.9

Nature of Work Performed by Women Workers

S.

No.

Nature of work performed No. of Women

Workers

Percentage

1. Hand press 0 0

2. Power press - 0

3. Electroplating - 0

4. Buffing - 0

5. Spray paint - 0

6. Filing 8 16

7. Moulding 8 16

8. Assembling 10 20

9. Liver making 7 14

10. Card board boxes making 5 10

11. Drilling 2 4

12. Packing 10 20

Total 50 100


306

Fig 6.9



Table and Figure 6.9 show that 16% women workers in sample engaged in

filing, 16% in moulding, 20% in Assembling, 14% in liver making, 10% in card

board boxes making, 4% in drilling and 20% in packing. No women are engaged

in hand press, power press, electroplating, buffing and spray paint.

10. Wage Payment System

Table 6.10

Wage Payment System

S. No. Wage payment system No. of Women

Workers

Percentage

1. Time Rate Basis 10 20

2. Piece Rate Basis 40 80


Fig 6.10 Wage payment system


0

10

20

30

40

50

60

70

80

90

Time Rate Basis Piece Rate Basis

Wage payment system

Perc

en

tag

e

307

Table and Figure 6.10 show that 80% women workers in sample were

working on piece rate basic. Only 20% women workers were working on time rate

basis.

11. Frequency of Payment of Wages

Table 6.11

Frequency of Payment of Wages

S. No. Frequency of payment of wages No. of Women

Workers

Percentage

1. Monthly 5 10

2. Weekly 30 60

3. Daily 15 30


Fig 6.11 Frequency of payment wages


0

10

20

30

40

50

60

70

Monthly Weekly Daily

Frequency of payment wages

Perc

en

tag

e

Table and Figure 6.11 show that most of the women workers i.e. (60%) in

the sample got their payment weekly. There are 30% women who had reported

that they got their wages daily and 10% get their due at the end of the month.

12. Earning level

Table 6.12

Earning Level Wise Distribution of the Women Workers

S. No. Earning level No. of Women

Workers

Percentage

1. 1000 – 1500 10 20

2. 1501 – 2000 30 60

3. 2001 – 2500 5 10

4. 2501 – 3000 5 10

5. 3001 – 3500 0 0

6. 3501 – above 0 0


308

0

10

20

30

40

50

60

Perc

en

tag

e

10

00

–

15

00

15

01

–

20

00

20

01

–

25

00

25

01

-

30

00

30

01

–

35

00

35

01

–

abo

ve

Earning level

Fig 6.12 Earning level wise distribution of the women workers


Table and Figure 6.12 indicate that 80% of the women workers had an

earning level below Rs. 2000 per month. 20% of the women workers had an

earning level of Rs. 2001-3000 per month. No women workers had an earning

level above 3000 Rs.

13. Awareness about Laws and Rights of Women Workers

Table 6.13

Awareness about Laws and Rights of Women Workers

S. No. Awareness about laws and rights of

women workers

No. of Women

Workers

Percentage

1. Yes 5 10

2. No 45 90


Fig 6.13 Awareness about laws and rights of women workers


0

10

20

30

40

50

60

70

80

90

100

Yes No

Awareness

Perc

en

tag

e

Table and Figure 6.13 show that only 10% of women workers in the

sample had awareness about labour laws. 90% of the women workers had no

awareness about labour laws.

309

14. Sexual Harassment at the Workplace

Table 6.14

Sexual Harassment at the Workplace

S. No. Sexual harassment at the workplace No. of Women

Workers

Percentage

1. Yes 0 0

2. No 50 100

Total 50 100


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Sexual harassment at the workplace

Fig 6.14 Sexual harassment at the workplace


Table and Figure 6.14 indicate that no women workers have complained

about sexual harassment at the workplace.


Researcher has selected 10 units from the 178 brick kiln industries for the

study. The total no. of women workers in selected units are 200, in which 50

women workers selected for sample.

310

1. Age

Table 6.15


S. No. Age (in years) No. of Women

Workers

Percentage

1. 18-20 8 16

2. 21-25 16 32

3. 26-30 15 30

4. 31-35 5 10

5. 36-40 6 12

6. 41-45 0 0

7. 46-50 0 0

Total 50 100


0

5

10

15

20

25

30

35

Per

cen

tag

e

18-20 21-25 26-30 31-35 36-40 41-45 46-50

Age (in years)

Fig 6.15 Age-wise Distribution of Women Workers


The age composition of the sampled women workers suggests that the

majority of the women workers in brick kilns were young. 62% of the respondents

were in the age group of 21 to 30 years. 10% were in the age group of 31-35, 12%

were in the age group of 36-40 and 16% were in the age group of 18-20 years. No

woman worker was found below 18 years of age and above 40 years of age.

311


Table 6.16



Workers

Percentage

1. Illiterate 40 80

2. Primary 8 16


4. High School 0 0

5. Intermediate 0 0



0

10

20

30

40

50

60

70

80

Perc

en

tag

e

Illi

tera

te

Pri

mar

y

Jr.

Hig

h

Sch

oo

l

Hig

h S

cho

ol

Inte

rmed

iate

Gra

du

ate

and

abo

ve

Educational Level

Fig 6.16 Educational Profile of the workers


An analysis of the level of education of the respondents indicates that most

of the women workers (80%) in the sample taken from brick kilns were illiterate.

16% of the respondents had an educational level up to primary education. Small

portion of women workers i.e. (4%) had acquired education up to Jr. High School

level. No women workers had acquired education above Jr. High School.

3. Religion

Table 6.17



1. Hindu 45 90

2. Muslim 5 10


312

Fig 6.17 Religion of women workers


90%

10%

Hindu

Muslim

As far as the religion-wise distribution of women workers is concerned, the

information shows that 90% of the women workers in these brick kilns were

Hindus. 10 percent were Muslims.

4. Caste

Table 6.18


S. No. Caste No. of Women

Workers

Percentage




4. Higher Caste 0 0


0

10

20

30

40

50

60

70

80

Perc

en

tag

e

Scheduled Caste Scheduled Tribe Backward Caste Higher Caste

Caste



313

Table and Figure 6.18 show that 80% respondents were from Scheduled

Caste, 10% from Backward Caste and 10% from Scheduled Tribe. No women

workers belong to Higher Caste.

5. Marital Status

Table 6.19

Marital Status


Workers

Percentage

1. Unmarried 2 4

2. Married 45 90

3. Divorced 0 0

4. Widow 3 6

Total 50 100


0

10

20

30

40

50

60

70

80

90

Perc

en

tag

e


Marital status

Fig 6.19 Marital Status (Sample of 50 women workers)

The data of marital status of respondents reveals that 90 percent of total

women workers of the sample were married, 4% were unmarried whereas, 6%

women workers were widow. In the sample, no woman worker was divorced.

314

6. Size of Family

Table 6.20



Workers

Percentage

1. Large 30 60

2. Small 20 40

Total 50 100



(Samplle of 50 women workers)

60%

40%

Large family

Small family

The data showed that 60% women workers in the area of this study had

large family while 40% women workers had small family.

7. Economic Status

Table 6.21



Workers

Percentage

1. Low 46 92

2. Normal 4 8


315



92%

8%

Low

Normal

Table and Figure 6.21 show that 92% of the respondents had low economic

status, whereas 8% of the respondents had normal economic status.

8. Nature of Job

Table 6.22



Workers

Percentage

1. Unskilled 0 0

2. Semi-skilled 50 100

3. Skilled 0 0


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


Nature of job

Fig 6.22 Nature of job of women workeres


316

In the sample, 100% of the respondents belong to semi-skilled category. No

woman worker belonged to unskilled and skilled category.


Table 6.23


S. No. Nature of work performed No. of Women

Workers

Percentage

1. Brick moulding 20 40

2. Earth digging - -

3. Preparation of mud mixture - -

4. Carrying of dried bricks 15 30

5. Unloading of trench 15 30

6. Brick arranging - -

7. Firing the bricks - -

8. Transporting - -


Table and Figure 6.23 show that women workers were engaged only in

brick moulding, carrying of dried bricks, and unloading of trench. No woman

worker was engaged in earth digging, preparation of mud mixture, brick arranging,

firing the bricks, transporting. 40% respondents were engaged in brick moulding,

30% engaged in carrying of dried bricks and 30% engaged in unloading of trench.

317

10. Earning Level Working on Piece-rate Basis

Table 6.24



Workers

Percentage

1. 3000 – 3500 0 0

2. 3501 – 4000 15 30

3. 4001 – 4500 25 50

4. 4501 – 5000 10 20

5. 5001 – 5500 0 0

6. Above 5501 0 0


0

10

20

30

40

50

30

00

–

35

00

35

01

–

40

00

40

01

–

45

00

45

01

–

50

00

50

01

–

55

00

Ab

ov

e

55

01

Fig 6.24 Earning level wise distribution of the women workers (Sample

of 50 women workers)

Table and Figure 6.24 indicate that 30% respondents earned between the

3501 to 4000 per month, 50% respondents earned between 4001 to 4500 Rs. Per

month, 20% respondents had an earning level of Rs. 4501 to 5000 per month. No

woman worker had an earning level below Rs. 3500.


Table 6.25



women workers

No. of Women

Workers

Percentage

1. Yes 4 8

2. No 46 92


318



8%

92%

Yes

No

Table and Figure 6.25 show that only 8% of women workers in the sample

has awareness of labour laws, 92% of the woman worker had no awareness about

labour laws.


Table 6.26



Workers

Percentage

1. Yes 5 10

2. No 45 90




10%

90%

Yes

No

319

Table and Figure 6.26 indicate that 10% women workers had complained



Table 6.27

Wage Payment System

S. No. Wage Payment System No. of Women

Workers

Percentage

1. Time rate basis 0 0

2. Piece rate basis 50 100

Total 50 100


0

20

40

60

80

100

Perc

en

tag

e

Time rate basis Piece rate basis

Wage payment system

Fig 6.27 Wage payment system


In brick industry both method are used for wage payment. Since women

workers are not engaged in operations incidental to firing and arranging the raw

brick, so for them there is only piece rate mode used for payment of wage. The

women workers form a part of the group of moulders, carriers and unloaders, it

may therefore be said that the wages they got were based on the piece-rate

methodology. Thus, 100% women get the wage on piece rate basis.

320


Table 6.28

Frequency of Payment Wages

S. No. Frequency of payment wages No. of Women

Workers

Percentage

1. After season 50 100

2. Monthly 0 0

3. Weekly 0 0

4. Daily 0 0


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

After season Monthly Weekly Daily

Frequency of payment wages

Fig 6.28 Frequency of payment wages


No women workers in the sampled brick kilns is paid daily, monthly and

weekly but according to general practice prevailing in these kilns, the bricks made

by the workers are counted each day by the Munshi and as per the rates per

thousand, the accounts are maintained. These accounts are settled only after the

season is over.


In Aligarh only one unit of hick thermometers industry has been selected

by the researcher for the study. Total no. of women workers in this industry are 56,

in which 50 women workers selected for sample.

321

1. Age

Table 6.29



Workers

Percentage

1. 18-20 2 4

2. 21-25 4 8

3. 26-30 15 30

4. 31-35 15 30

5. 36-40 8 16

6. 41-45 3 6

7. 46-50 3 6

Total 50 100

Source: Field study.

fig 6.29 Age-wise Distribution of Women Workers


0

5

10

15

20

25

30

35

18-20 21-25 26-30 31-35 36-40 41-45 46-50

Age (in years)

Perc

en

tag

e

It is observed that in sample 2 workers were in age group of 18-20, 4 were

in the age group of 21-25, 15 were in the age group of 26-30, 15 were in age group

of 31-35, 8 were in age group of 36-40, 3 were in age group of 41-45 and 3 were

in age group of 46-50. It is evident that 76% of the women workers were in the

age group of 26 to 40 years.

322


Table 6.30



Workers

Percentage

1. Illiterate 0 0

2. Primary 0 0


4. High School 25 50

5. Intermediate 16 32


Total 50 100

Source: Field Study

The education status of 8% respondents was up to Jr. High School.

Substantially large percentage of respondents (50%) had an educational level up to

high school. 32% respondents had an education level up to intermediate and 10%

respondents had an educational level up to Graduation level. No woman worker

was found to be illiterate or studied up to primary level.

323

3. Religion

Table 6.31



1. Hindu 45 90

2. Muslim 3 6

3. Christian 2 4

Total 50 100 Source: Field Study

Fig 6.31 Religion of women workers


0

10

20

30

40

50

60

70

80

90

100

Hindu Muslim Christian

Religion

Perc

en

tag

e

As far as the religion-wise distribution of women workers is concerned, the

information which was available showed that 90% of the women workers in this

industry were Hindus. 6% were Muslim and 4% were Christian.

4. Caste

Table 6.32



Workers

Percentage




4. Higher Caste 40 80


324



0

10

20

30

40

50

60

70

80

90

Scheduled Caste Scheduled Tribe Backward Caste Higher Caste

Caste

Perc

en

tag

e

An analysis of Table and Figure 6.32 reveal that 80% of the women

workers in sample belong to higher caste, 10% belong to Scheduled Caste, 6%

belonged to Backward Class and 4% belonged to Scheduled Tribe.

5. Marital Status

Table 6.33



Workers

Percentage

1. Unmarried 2 4

2. Married 40 80

3. Divorced - -

4. Widow 8 16


0

10

20

30

40

50

60

70

80

Perc

en

tag

e


Marital Status



325

The data collected on marital status of women workers revealed that 80%

of total women workers of the sample were married, 4% were unmarried and 16%

were widows. No women workers were found to be divorce.

6. Size of Family

Table 6.34



Workers

Percentage

1. Large 3 6

2. Small 4 8

3. Medium 43 86


Fig 6.34 Size of family of women workers (Sample of 50 women workers)

6%8%

86%

Large

Small

Medium

The foregoing table and figure reveal that 86% women workers belong to

medium family, 8% women workers belong to small family and 6% women

workers belong to large family.

7. Economic Status

Table 6.35



Workers

Percentage

1. Low 50 100

2. Normal 0 0


326

0

20

40

60

80

100

Perc

en

tag

e

Low Normal

Economic status



Table and Figure 6.35 show that all the respondents in the sample had low

economic status.

8. Nature of Job

Table 6.36



Workers

Percentage

1. Unskilled 18 36


3. Skilled 18 36




36%

28%

36%

Unskilled

Semi-skilled

Skilled

327

In the sample, 36% women workers belonged to unskilled category, 28%

women workers belonged to semi-skilled category and 36% women workers

belonged to skilled category.


Table 6.37

Wage Payment System


Workers

Percentage

1. Time Rate Basis 50 100

2. Piece Rate Basis 0 0


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Time Rate Basis Piece Rate Basis

Wage payment system

Fig 6.37 Wage payment system (Sample of 50 wome workers)

Table and Figure 6.37 show that all the women workers in sample worked

on the time rate basis. No women worker in our sample worked on piece-rate

basis.


Table 6.38



Workers

Percentage

1. Monthly 50 100

2. Weekly 0 0

3. Daily 0 0

Total 50 100


328

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Monthly Weekly Daily

Frequency of payment of wages

Fig 6.38 Frequency of payment of wages


Table and Figure 6.38 show that in our sample all the women workers get

their payment monthly. No women workers got their payment weekly or daily.

11. Earning Level

Table 6.39

Earning Level-wise Distribution of the Women Workers


Workers

Percentage

1. 1000 – 1500 9 18

2. 1501 – 2000 9 18

3. 2001 – 2500 14 28

4. 2501 – 3000 10 20

5. 3001 – 3500 8 16

6. 3501 – above - -

Total 50 100


329

Table and Figure 6.39 indicate that 18% women workers earned between

the 1000 to 1501, 18% women workers earned between 1501 to 2000, 28% earned

between 2001 to 2500, 20% earned between the 2501 to 3000, and 16% earned

between the 3001 to 3500. No women workers in sample had an earning level

above Rs.3500.


Table 6.40



women workers

No. of Women

Workers

Percentage

1. Yes 20 40

2. No 30 60

Total 50 100


330



40%

60%

Yes

No

Table and Figure 6.40 show that 40% women workers in the sample had

awareness about laws and 60% women workers had no awareness about laws.

13. Sexual Harassment at Workplace

Table 6.41



Workers

Percentage

1. Yes 0 0

2. No 50 100


0

20

40

60

80

100

Perc

en

tag

e

Yes No

Sexual harassment



331

Table and Figure 6.41 indicate that no women workers had complained

about sexual harassment at workplace.

14. Nature of Work Performed by Women Workers

Table 6.42



Workers

Percentage

1. Tube cutting 1 2

2. Temperature setting 5 10

3. Printing 8 16

4. Finishing 8 16

5. Packing 10 20

6. Three process 18 36


Fig 6.42 Nature of work performed by women workers


0

5

10

15

20

25

30

35

40

Tube cutting Temp. setting Printing Finishing Packing Three process

Nature of work performed

Per

centa

ge

Table and Figure 6.42 show that 2% women workers in sample engaged in

tube cutting, 10% in temperature setting, 16% in printing, 16% in finishing, 20%

in packing and 36% in three process. It was observed that maximum percent of

women workers in sample engaged in three processes.


There is an exploratory survey of 50 women construction workers, selected

from 5 major construction sites in various parts of Agra. These 5 construction sites

provided employment opportunities to a significantly number of women workers.

332

1. Age

Table 6.43



Workers

Percentage

1. 18-20 9 18

2. 21-25 17 34

3. 26-30 17 34

4. 31-35 4 8

5. 36-40 3 6

6. 41-45 0 0

7. 46-50 0 0

Total 50 100


0

5

10

15

20

25

30

35

Perc

en

tag

e

18-20 21-25 26-30 31-35 36-40 41-45 46-50

Age (in years)



It is observed that in the sample collected by researcher revealed that 9

workers were in age group of 18-20, 17 were in the age group of 21-25, 17 were in

the age group of 26-30, 4 were in the age group of 31-35 and 3 were in the age

group of 36-40. It is evident that 86% of the women workers were in the age group

of 18 to 30 years.

333


Table 6.44



Workers

Percentage

1. Illiterate 16 32

2. Primary 23 46


4. High School 0 0

5. Intermediate 0 0

6. Graduate 0 0


Table and Figure 6.44 reveal that the educational status of 46% respondents

was up to the primary level. 32% respondents were illiterate. 22% have studied up

to Jr. High School level. No women workers had acquired education above the

High School.

3. Religion

Table 6.45



1. Hindu 42 84

2. Muslim 8 16


334

Fig 6.45 Religion of women workers (Sample of 50 women workers)

84%

16%

Hindu

Muslim

The study revealed that 84% of women construction workers in the sample

belong to Hindu religion. Only 16% belong to Muslim religion.

4. Caste

Table 6.46



Workers

Percentage






Fig 6.46 Caste of women workers (Sample of 50 women workers )

38%

16%

16%

30%

Scheduled Caste

Scheduled Tribe

Backward Caste

Higher Caste

335

An analysis of Table and Figure 6.46 reveal that 38% of the women

construction workers in sample belonged to Scheduled Caste. 30% belonged to

Higher Caste, 16% belonged to Scheduled Tribe and 16% belonged to Backward

Class.

5. Marital Status

Table 6.47



Workers

Percentage

1. Unmarried 2 4

2. Married 40 80

3. Divorced 2 4

4. Widow 6 12

Total 50 100


Fig 6.47 Marital status of women workers (Sample 50 women workers)

0

10

20

30

40

50

60

70

80

90


Marital Status

Perc

en

tag

e

The data on marital status of women workers reveals that 80% of total

women workers of the sample were married, 4% were unmarried, 12% were

widow and 4% were separated from husband.

336

6. Size of Family

Table 6.48



Workers

Percentage

1. Large 26 52

2. Small 24 48

Total 50 100


Fig 6.48 Size of family of women workers (Sample of 50 women workers)

52%

48%

Large

Small

The foregoing Table and Figure reveal that 48% of the construction women

workers belonged to small families, and 52% belonged to large families.

7. Economic Status

Table 6.49



Workers

Percentage

1. Low 38 76

2. Normal 12 24

Total 50 100


337



76%

24%

Low

Normal

Table and Figure 6.49 show that 76% of the women workers had low

economic status, whereas 24% of the women workers had normal economic status.

8. Nature of Job

Table 6.50



Workers

Percentage

1. Unskilled 50 100

2. Semi-skilled 0 0

3. Skilled 0 0


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


Nature of job

Fig 6.50 Nature of job of women workers (Sample of 50 women workers)

338

Table and Figure 6.50 show that 100% of the women workers in the sample

belonged to unskilled category. No women workers belonged to semi-skilled and

skilled category.


Table 6.51

Wage Payment System

S.

No.

Wage Payment System No. of Women

Workers

Percentage




0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Time rate basis Piece rate basis

Nature of work peerformed

Fig 6.51 Wage payment system (Sample of 50 women workers)

Table and Figure 6.51 show that all the women workers in selected

construction site worked on the time rate basis. The reason is that supply of labour

in the entire sample construction project under study was the responsibility of the

main contractor, who was allowed to employ labour either directly or through sub-

contractors or agents to maintain the required rate of progress. The wage rate fixed

by the labour contractor with the builder and the rate the labour contractor fixes

with the workers is not the same and it is considered as his commission and

earning for his effort. All these, however taken place when jobs are done on time

rate basis.

339


Table 6.52



Workers

Percentage

1. Monthly 9 18

2. Fortnightly 18 36

3. Weekly 18 36

4. Daily 5 10




0

5

10

15

20

25

30

35

40

Monthly Fortnightly Weekly Daily

Frequency of payment of wages

Perc

en

tag

e


sample got their payment fortnightly or weekly. There were 10% women who

reported that they got their wages daily and 18% got their due at the end of the

month.

11. Earning Level

Table 6.53



Workers

Percentage

1. 1000 – 1500 9 18

2. 1501 – 2000 14 28

3. 2001 – 2500 21 42

4. 2501 – 3000 6 12

5. 3001 – 3500 0 0

6. 3501 – above 0 0


340

Table and Figure 6.53 indicate that 18% women workers earned between

the 1000 to 1500, 28% women workers earned between 1501 to 2000, 42% earned

between 2001 to 2500 and 12% earned between the 2501 to 3000. No women

workers in sample had an earning above the level Rs. 3000.


Table 6.54



women workers

No. of Women

Workers

Percentage

1. Yes 2 4

2. No 48 96




4%

96%

Yes

No

Table and Figure 6.54 show that only 4% of women workers in the sample

had awareness about laws. 96% of the women workers had no awareness about

laws.

341


Table 6.55



Workers

Percentage

1. Yes 3 6

2. No 47 94




6%

94%

Yes

No

Table and Figure 6.55 indicate that 6% women workers had complained


14. Nature of Work Performed by Women Workers

Table 6.56



Workers

Percentage

1. Brick layering 12 24

2. Brick carrying 9 18

3. Mixture preparation - -

4. Watering 3 6

5. Women Masons - -

6. Earth filing - -

7. Sand cleaning 4 8

8. Brick cleaning 10 20

9. Concreting 10 20

10. Curing 2 4


342

0

5

10

15

20

25P

erc

en

tag

e

Bri

ck lay

erin

g

Bri

ck c

arry

ing

Mix

ture

pre

par

atio

n

Wat

erin

g

Wom

en m

asons

Ear

th f

ilin

g

San

d c

lean

ing

Bri

ck c

lean

ing

Concr

etin

g

Curi

ng



(Sample of 50 women workeres)

Table and Figure 6.56 show that women workers were engaged in brick

layering, brick carrying, watering, sand cleaning, brick cleaning, concreting and

curing. No women workers were engaged in mixture preparation and earth filing.

No women workers were women masons. 24% women workers engaged in brick

layering, 18% engaged in brick carrying, 6% engaged in watering, 8% engaged in

sand cleaning, 20% engaged in brick cleaning, 20% engaged in concreting and 4%

engaged in curing.


The researcher has selected 20 units from the 10150 (home based units plus

big units) footwear industry in Agra for the study. Total number of women

workers in selected units were 150, from which 50 women workers selected for

sample.

343

1. Age

Table 6.57



Workers

Percentage

1. 18-20 10 20

2. 21-25 12 24

3. 26-30 14 28

4. 31-35 7 14

5. 36-40 5 10

6. 41-45 2 4

7. 46-50 0 0

Total 50 100


0

5

10

15

20

25

30

Perc

en

tag

e

18-20 21-25 26-30 31-35 36-40 41-45 46-50

Age (in years)



It is observed that in the selected sample 10 workers were in age group of

18-20, 12 were in the age group of 21-25, 14 were in the age group of 26-30, 7

were in age group of 31-35, 5 were in age group of 36-40 and 2 were in age group

of 41-45. It is evident that 72% of the women workers were in the age group of 18

to 30 years.

344


Table 6.58



Workers

Percentage

1. Illiterate 9 18

2. Primary 21 42


4. High School 2 4

5. Intermediate 0 0

6. Graduate 0 0

Total 50 100


0

51015

202530

354045

Perc

en

tag

e

Illi

tera

te

Pri

mar

y

Jr.

Hig

h

Sch

oo

l

Hig

h S

cho

ol

Inte

rmed

iate

Gra

du

ate

Educational level

Fig 6.58 Educational Profile of the workers


The educational status of 42% respondents was up to primary level, 36%

had studied up to Jr. High School level. 18% were illiterate and 4% respondents

had an educational level up to High School. No women workers had acquired

education above the High School Level.

345

3. Religion

Table 6.59



1. Hindu 30 60

2. Muslim 20 40


Fig 6.59 Religion of women workers (Sample of 50 women workers)

60%

40%

Hindu

Muslim

As far as religion wise distribution of respondents is concerned, table and

figure 6.59 show that 60% respondents were Hindu and 40% respondents were

Muslims.

4. Caste

Table 6.60



Workers

Percentage






346



30%

40%

20%

10%

Scheduled Caste

Backward Caste

Higher Caste

Scheduled Tribe

An analysis of table and figure 6.60 reveal that 40% of the women workers

in the sample belonged to Backward Class, 30% belonged to Scheduled Caste,

20% belonged to Higher Caste and 10% of belonged to Scheduled Tribe.

5. Marital Status

Table 6.61



Workers

Percentage

1. Unmarried 3 6

2. Married 38 76

3. Divorced 3 6

4. Widow 6 12




6%

76%

6%

12%

Unmarried

Married

Divorced

Widow

347

The data on marital status of women workers revealed that 76% of total

women workers of sample were married, 12% were widow, 6% were unmarried

and 6% were separated from husband.

6. Size of Family Of Women Workers

Table 6.62



Workers

Percentage

1. Large 35 70

2. Small 2 4

3. Medium 13 26




70%

4%

26%

Large

Small

Medium

The above table and figure reveals that 70% women workers had large

family, 26% had medium family and 4% had small family.

7. Economic Status

Table 6.63



Workers

Percentage

1. Low 41 82

2. Normal 9 18


348



82%

18%

Low

Normal

Table and Figure 6.63 show that 82% of the women workers had low

economic status, whereas 18% of the women workers had normal status.

8. Nature of Job

Table 6.64


S.

No.

Nature of job No. of Women

Workers

Percentage

1. Unskilled 33 66


3. Highly skilled 0 0


0

10

20

30

40

50

60

70

Perc

en

tag

e

Unskilled Semi-skilled Highly skilled

Nature of job



349

In the sample 66% women workers belonged to unskilled category, and

34% women workers belonged to semi-skilled category. No women workers

belonged to highly skilled category.


Table 6.65



Workers

Percentage

1. Monthly 12 24

2. Weekly 25 50

3. Daily 13 26




24%

50%

26%

Monthly

Weekly

Daily


the sample got their payment weekly. There were 26% women who reported that

they got their wages daily and 24% got their due at the end of the month.


Table 6.66

Wage Payment System


Workers

Percentage



Total 50 100

350

Fig 6.66 Wage payment system (Sample of 50 women workers)

50%50%

Time rate basis

Piece rate basis

Table and Figure 6.66 show that 50% women workers in the sample were

working on the piece rate basis and 50% women workers worked on the time rate

basis.


Table 6.67



women workers

No. of Women

Workers

Percentage

1. Yes 6 12

2. No 44 88




12%

88%

Yes

No

351

Table and Figure 6.67 show that only 12% women workers in the sample

had awareness about the laws and 88% women workers had no awareness about

the laws.

12. Earning Level

Table 6.68

Earning Level wise Distribution of the Women Workers


Workers

Percentage

1. 1000 – 1500 13 26

2. 1501 – 2000 17 34

3. 2001 – 2500 12 24

4. 2501 – 3000 8 16

5. 3001 – 3500 0 0

6. 3501 – above 0 0

Total 50 100


Table and Figure 6.68 indicate 26% women workers earned between the

1000 to 1500, 34% women workers earned between 1501 to 2000, 24% earned

between 2001 to 2500 and 16% earned between 2501 to 3000. No women workers

in the sample had an earning level above Rs. 3000.

352


Table 6.69



Workers

Percentage

1. Yes 0 0

2. No 50 100


0

20

40

60

80

100

Perc

en

tag

e

Yes No

Sexual Harassment

Fig 6.69 Sexual Harassment at the Workplace


Table and Figure 6.69 indicate that no women workers had complained



Table 6.70


S. No. Nature of Work Performed No. of Women

Workers

Percentage

1. Cutting 12 24

2. Fitter 8 16

3. Bottom - -

4. Pasting - -

5. Stitching 9 18

6. Finishing 9 18

7. Packing 12 24


353

0

5

10

15

20

25

Perc

en

tag

e

Cu

ttin

g

Fit

ter

Bo

tto

m

Pas

tin

g

Sti

tch

ing

Fin

ish

ing

Pac

kin

g




Table and Figure 6.70 show that 24% women workers in sample engaged

in cutting, 16% in fitter, 18% in stitching, 18% in finishing and 24% in packing.

No women workers were engaged in bottom and pasting.

4. An Empirical Assessment of Protective Measures for Women Workers

in Lock, Brick Kilns, Hicks Thermometers Industries in Aligarh and

Construction and Footwear Industries in Agra

Various provisions have been made in the labour legislations for the

protection and welfare of women workers. Effectiveness of the labour legislations

lies in their effective implementation by the owner of the industries. Thus the

object of this part is to examine the applicability of various labour laws on socio-

legal status of women workers in lock industry, brick kilns industry, hicks

thermometers industry in Aligarh and footwear industry, construction industry in

Agra and to see how far and to what extent they are being observed by these

industries.

354

A. Home Based Units of Aligarh Lock Industry

1. Coverage Under the Act

Table 6.71

Coverage Under the Act

S. No. Act Coverage under the Act

1. Factories Act, 1948 Yes

2. The Contract Labour (Regulation and

Abolition) Act, 1970

Yes

3. Inter-State Migrant Workmen (Regulation

of Employment and Condition of Service)

Act, 1979

No

4. Employees’ State Insurance Act, 1948 Yes

5. The Employees’ Provident Funds and

Miscellaneous Provision Act, 1952

Yes

6. The Payment of Gratuity Act, 1972 Yes

7. The Minimum Wages Act, 1948 Yes

8. The Payment of Wages Act, 1936 Yes

9. The Equal Remuneration Act, 1976 Yes

10. The Payment of Bonus Act, 1965 Yes

11. The Maternity Benefit Act, 1961 Exempted

12. The Workmen’s Compensation Act, 1923 Exempted

The Factories Act, 1948 is applicable in any premises including the

precincts thereof wherein ten or more workers are working and in any part of

which a manufacturing process is carried on with the aid of power or wherein

twenty or more workers are working and in any part of which a manufacturing

process is carried on without the aid of power. During the survey it was found that

in all the 20 home based units, more than twenty workers were working, but

according to the records shown by the employers indicated that in their units less

than twenty workers were working. In this way employers evaded the provisions

of Factories Act, 1948. On the basis of observation the researcher found that these

units must be covered under the Factories Act, 1948.

The Contract Labour (Regulation and Abolition) Act, 1970 is also

applicable wherein 20 or more workmen are or were employed on any day of

preceding 12 months as contract labour. During the survey it was found that

contract labour Act is applicable in 20 home based units because most of the

workers in these units were contract labour.

355

Inter-State Migrant Workmen (Regulation of Employment and Conditions

of Service) Act, 1979 is applicable to every establishment in which 5 or more

inter-state migrant workmen are employed or were employed on any day of the

preceding 12 months. During the survey it was found that in these 20 home based

units no migrant workman was found, so the said Act is not applicable in these

units.

The Employees’ State Insurance Act, 1948 applies to all factories

employing ten or more persons and carrying on a manufacturing process with the

aid of power or employing 20 or more persons and carrying on a manufacturing

process without the aid of power. During the survey it was found that this Act is

applicable in the home based units.

The Employees’ Provident Funds and Miscellaneous Provision Act, 1952 is

applicable to every factory engaged in any industry specified in schedule 1 in

which 20 or more persons are employed. This Act is applicable to home based

units of lock industry.

The Payment of Gratuity Act, 1972 is applicable to every factory, mine,

oilfield, plantation, port and railway Co. and every shop or establishment governed

by the Shops and Establishments Act of that State, in which 10 or more persons

are employed, or were employed on any day of the preceding 12 months. Home

based units are covered by this Act.

The Minimum Wages Act, 1948 is applicable to all establishments

employing one or more persons and engaged in any of the scheduled

employments. The home based units of Aligarh lock industry is also covered by

this Act.

The Payment of Wages Act, 1936 applies to person employed in any

factory, railway – directly or through a ‘sub-contractor’, any industrial/other

establishment like mine, dock, plantation etc. can be extended by government.

This Act is also applicable to home based units of Aligarh lock industry.

356

The Equal Remuneration Act, 1976 is applicable to the establishments or

employments notified by the Central Government Home based units of Aligarh

lock industry are covered by this Act.

The Payment of Bonus Act, 1965, is applicable to every factory and to

every other establishment wherein 20 or more workmen are employed on any day

during an accounting year. This Act covers home based units of Aligarh lock

industry.

The Maternity Benefit Act, 1961 is applicable to every factory, mine or

plantation (including those belonging to Government) and an establishment

engaged in the exhibition of equestrian, acrobatic and other performances,

irrespective of the number of employees. This Act covers these units, but the

establishment covered under the ESI Act is exempt from the provisions of

Maternity Benefit Act, so selected home based units are exempted from the

provisions of Maternity Benefit Act.

The Workmen’s Compensation Act, 1923 is applicable to railways and

other transport establishments, factories, establishments engaged in making,

altering, repairing, adapting, transport or sale of any article, mines, docks,

establishments engaged in constructions, fire brigade plantations, oilfields and

other establishments listed in schedule II of the Act. The home based units are

covered by this Act, but the establishment covered under the ESI Act is exempt

from the provisions of the Workmen’s Compensation Act, so selected home based

units are exempted from the provisions of the Workmen’s Compensation Act. The

reason is that when a person is entitled to any of the benefits under the ESI Act,

then he/she shall not be entitled to recover any similar benefits admissible under

the provisions of any other enactment.

357

2. Factories Act, 1948

(i) Availability of Various Welfare Facilities

Table 6.72

Availability of Various Welfare Facilities10

S.

No.

Name of the facility Applicable in

home based

units of

Aligarh Lock

Industry

Available in

home based

units of

Aligarh Lock

Industry

Percentage

1. Washing 20 2 10

2. Storing and drying clothing 20 0 0

3. Sitting 20 2 10

4. First Aid Appliances 20 0 0

5. Ambulance Room Not

applicable

- -

6. Canteen Not

applicable

- -

7. Lunch Room Not

applicable

- -

8. Rest Room Not

applicable

- -

9. Shelter Not

applicable

- -

10. Crèche Not

applicable

- -

11. Welfare Officer Not

applicable

- -

Source: Field study

The above table indicates that provisions of ambulance room, canteen,

lunch room, rest room, shelter crèche, welfare officer are not applicable in home

based units selected for study. Provisions of washing, storing and drying clothing,

sitting, first aid appliances are applicable in home based units, but storing and

drying clothing and first aid appliances are not available in these units. The

washing and sitting facilities was available only in 10% of the units covered under

the study.

358

(ii) Arrangements for Health Measures:11

Table 6.73

Arrangements for Health Measures

S.

No.

Name of the Facility Arrangements

made in home

based units

Percentage

1. Cleanliness None 0

2. Disposal of wastes and effluents None 0

3. Ventilation and temperature None 0

4. Dust and Fume None 0

5. Lighting None 0

6. Drinking water 2 10

7. Latrines and urinals None 0

8. Spittoons None 0


During the survey it was found that no arrangements made by the employer

for cleanliness, disposal of wastes and effluents, ventilation and temperature,

removal of dust and fumes, lighting, latrines and urinals and spittoons. When

researcher entered in these home based units she saw that the walls and floor of

the work rooms were muddy, even the dirt and refuse was not removed daily. It

was accumulated in the corner of the room. The rooms were suffocated from

inside and they were full of smoke and smell of chemicals and acids. The

ventilation and exhaust fans were virtually absent. The working premises were

small, dark, digny. Rooms were in a position where sunlight was struggling to

penetrate through. The lighting arrangements in working room was quite

inadequate. There were no facilities were provided for latrine and urinals and

spittoons. In most of the units the facilities for drinking water were absent. They

were found in 10% units.

359

(iii) Protection for Eyes:12

Table 6.74

Protection for Eyes

Name of Facility Respondents Percentage

Yes No Yes No

Suitable goggles 0 50 0 100 Source: Field Study.

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Suitable goggles

Fig 6.74 Protection for eyes (Sample of 50 women workers)

The above table and figure indicate that suitable goggles were not provided

to respondents by the employer.

(iv) Distribution of the Workers by Working Hours per day

Table 6.75

Distribution of the Workers by Working Hours per day

S. No. Hours per day Respondents Percentage

1. 8 hrs 0 0

2. 9 hrs 8 16

3. 10 hrs 22 44

4. Upto 12 hrs 15 30

5. Upto 14 hrs 5 10

6. Upto 16 hrs 0 0

Total 50 100


360

The analysis of the above table and figure shown that 84% of the

respondents worked for more than 9 hours a day. So in 84% of the cases there was

violation of Section 54 of the Act,13 and this particular provision of law was found

to be complied with only to the extent of 16%.

(v) Per Week Working Hours

Table 6.76

Distribution of the Workers by Working Hours per week

S. No. Hours per week No. of Respondents Percentage

1. 48 hrs 0 0

2. 54 hrs 8 16

3. 60 hrs 22 44

4. Upto 66 hrs 5 10

5. Upto 72 hrs 10 20

6. Above 72 hrs 5 10


361

Section 51 of the Act provides for maximum 48 hours a week for a worker.

He may be required or allowed to work in a factory (excluding the over time in

which the working hours may be extended upto a maximum of 60 hours with the

prior permission of the chief inspector in exceptional cases). The above table and

figure show that in 40% of the cases there was a violation of the highest prescribed

limit of maximum 60 hours and in 100% cases there was the violation of normal

limit 48 hours per week.

(vi) Payment Rate for the Over Time Work

Table 6.77

Percentage-wise Distribution of the Women Workers per O.T. Rate

S. No. Overtime rate No. of Respondents Percentage

1. Single rate 10 100

2. One and half rate 0 0

3. Double rate 0 0

Total 10 100 Note: In case of remaining 40 women workers this provision (over time) is not applicable because they

are piece rated workers.

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Single One and half Double

Overtime rate

Fig 6.77 Percentage-wise Distribution of the women workers per O.T.

rate (Sample of 50 women workers)

Above table and figure show that 10 women workers were time rated

workers and do over time work. All these workers was being paid for the over

time on the single rate. Thus there was clear violation of Section 59 of the

Factories Act which provides where a worker works in a factory for more than

nine hours in any day or for more than forty eight hours in any week, he shall, in

362

respect of overtime work, be entitled to wages at the rate of twice his ordinary rate

of wages.

(vii) Leaves

Table 6.78

Status Showing Leaves

Particulars Frequency Percentage

Yes No Yes No

Casual leave 0 50 0 100

Earned leave 0 50 0 100 Note: All sample women workers are piece rates workers daily wage earner who or casual workers are

not entitled to these leaves.

0

20

40

60

80

100

Perc

en

tag

e

Casual leave Earned leave

Type of leave

Fig 6.78 Status showing leaves


As per the provisions14 of the Factories Act, 1948 every factory workers

who has worked for 240 days or more in a factory during a calendar year shall be

allowed during the subsequent calendar years, earned leaves with wages calculated

at the rate of one day for every 20 days of work performed by him during the

previous calendar year. As regards the casual leave, the provision has been

provided under the Industrial Employment (standing orders) Act, 1946, which

under the central rules provides that workmen may be granted casual leaves of

absence with pay not exceeding 5 days in aggregate. Table and Figure 6.78 show

that all sampled women worker were piece rated workers, daily wage earner or

casual workers. They were not entitled to these leaves. It was observed that these

leaves were granted only to the workers employed on regular basis.

363

(viii) Rest Intervals

Section 55 of the Factories Act, 1948 provides provision relating to the rest

intervals. No violation was found there with respect to the provisions relating to

the rest intervals and duration of rest intervals varied from 30-45 minutes

including 1-2 short intervals for tea.

(ix) Weekly Holiday

The Factories Act, 1948 provides under Section 52 for one day as the

holiday in the week. The study spells out that this provision is not strictly adhered

to in sampled home based units. The reason is that both employers and workers

are interested to earn more money.

3. Employees’ State Insurance Act, 1948

1. Contributions

Table 6.79

Contributions

S.

No.

Contributions Respondents Percentage

Yes No Yes No

1. Contribution paid by employer at the

rate of 4.75% the wages

0 50 0 100

2. Contribution paid by employees at the

rate of 1.75% of their wages

0 50 0 100


0

20

40

60

80

100

Perc

en

tag

e

Contribution paid by employer

at the rate of 4.75% the wages

Contribution paid by employee

at the rate of 1.75% of their

wages

Contributions

Fig 6.79 Contributions (Sample of 50 women workers)

Yes

No

Section 39 of the ESI Act made the provisions regarding the contributions

paid by the employer and employee. Table and Figure 6.79 show that no

364

contribution was paid by the employer and employee. There was clear violation of

Section 39 of the Act.

(ii) Women Employee’s Insurance

Table 6.80

Women Employee’s Insurance

Women employee’s insurance Respondents Percentage

Yes No Yes No

Are women employee’s insured under

the ESI Act, 1948

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Women employee's insurance

Fig 6.80 Women employee’s insurance


Every employed (including casual and temporary employees) whether

employed directly or through a contractor, who is in receipt of wages upto Rs.

10,000/- p.m. (excluding remuneration for overtime work) is entitled to be insured

under the ESI Act. Section 38 of Act mandates that all the employees in factories

or establishments shall be insured. Table and Figure 6.80 show that no women

employee was insured under the Act. The reason is that no contributions were paid

as required under the Act in respect of respondents.

365

(iii) Compensation for Employment Injury

Table 6.81

Compensation for Employment Injury

S.

No.

Compensation for employment

injury

Respondents Percentage

1. Yes 0 0

2. No 50 100

Total 50 100


0

20

40

60

80

100

Perc

en

tag

e

Yes No

Compensation for employment injury

Fig 6.81 Compensation for employment injury


In case of employment injury, no compensation was given to respondents,

because the respondents were not insured as required under the Act.

(iv) Benefits

Table 6.82

Benefits

S.

No.

Benefits Respondents Percentage

Yes No Yes No

1. Sickness benefit 0 50 0 100

2. Maternity benefit 0 43 0 100

3. Medical benefit 0 50 0 100

4. Disablement benefit 0 50 0 100 Note: In case of remaining 7 women workers provision of maternity benefit is not applicable because

they are either unmarried or widow.

366

Section 46 of the ESI Act provided benefits for the insured persons. Table

and Figure 6.82 show that sickness benefit, maternity benefit, medical benefit and

disablement benefit were not provided to any respondents, because no woman

employee was insured under the ESI Act.

4. Payment of Gratuity Act, 1972

(i) Coverage of Respondents for Gratuity

Table 6.83

Coverage of Respondents for Gratuity

S.

No.

Coverage of respondents for

Gratuity


Yes No Yes No

1. Are you entitled to receive

Gratuity

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Coverage of Respondents for gratuity

Fig 6.83 Coverage of respondents for Gratuity


According to Section 4 of the Payment of Gratuity Act 1972, gratuity shall

be payable to an employee on the termination of his employment after he has

367

rendered continuous service for not less than five years. Table and Figure 6.83

show that no women employees were entitled to receive gratuity, because they had

not rendered continuous service of 5 years.

5. The Minimum Wages Act, 1948

(i) Pattern of Actual Payment of Category-wise Wages of the Respondents

Table 6.84

Category-wise Actual Payment

S.

No.

Category Notified Minimum

wages (NMW)

Respondents Respondents

Getting

(NMW)

Percentage

1. Unskilled 3162.80 50 15 30

2. Semi-

skilled

3605.63 0 0 0

3. Skilled 4002.00 0 0 0 Source: Officer of Labour Commissioner, Uttar Pradesh, G.T. Road, Kanpur.

Analysis of the data relating to the above aspect reveals that all the women

workers belonged to unskilled category, in which only 30% of the respondents

were getting the notified minimum wage for their category.

(ii) Wages Paid in Cash / Kind

Table 6.85

Wages Paid in Cash/Kind

S.

No.

Wages paid in cash/kind Respondents Percentage

Yes No Yes No

1. Wages paid in cash 50 0 100 0

2. Wages paid in kind 0 50 0 100

0

20

40

60

80

100

Per

centa

ge

Wage paid in cash Wages paid in kind

Wages paid

Fig 6.85 Wages paid in cash/kind


Yes

No

368

Section-11(1) of the Minimum Wages Act, 1948 provides that minimum

wages payable under this Act shall be paid in cash. The above table and figure

show that 100% women were getting wages in cash. Thus there was no violation

of Section-11(1) of the Act.

6. Payment of Wages Act, 1936

(i) Wages Paid on Time

Table 6.86

Wages Paid on Time

Wages Paid on Time Respondents Percentage

Yes 20 40

No 30 60

Total 50 100

Fig. 6.86 Wages paid on time (Sample of 50 women workers)

0

10

20

30

40

50

60

70

Yes No

Wages paid on time

Perc

en

tag

e

Section 5 of Payment of Wages Act provides that every employer should

make timely payment of wages. Above table shows that 60% respondents were not

getting wages on time. This particular provision of law was found to be complied

with only to the extent of 40%.

(ii) Unauthorised Deductions

Table 6.87

Unauthorised Deductions

S. No. Any unauthorised deductions has

been made from the wages by the

employer


1. Yes 35 70

2. No 15 30


369

Fig 6.87 Unauthorized deductions


70%

30%

Yes

No

Section 7 of the Payment of Wages Act, 1936 provides that the employer

should not make any unauthorised deductions from wages other than which is

permissible under the Act. Table and Figure 6.87 show that 70% respondents said

that unauthorised deductions had been made by the employer from their wages.

Only 30% respondents said that no unauthorised deductions had been made by the

employer from their wages.

(iii) Deductions

Table 6.88

Deductions

S.

No.

Deductions made by employer Respondents Percentage

Yes No Yes No

1. Deduction for fine 50 0 100 0

2. Deductions for absence from

duty

- - - -

3. Deductions for damage or loss

of goods or money

50 0 100 0

4. Deductions for house

accommodation

- - - -

5. Deductions for recovery of

advances

50 0 100 0

6. Deductions for recovery of

loans

25 - 50 -

7. Deductions for subscription to

Provident Fund

- - - -

Under Section 7 of Payment of Wages Act, 1936 deductions for fine,

absence from duty, damage or loss of goods or money, house accommodation,

370

recovery of advances, recovery of loans, subscription to Provident Fund may be

made by the employer. The above table shows that 100% respondents said that

deductions for fine, damage or loss of goods or money, recovery of advances had

been made by employer. Only 50% respondents had taken loan from the employer,

so deduction for recovery of loans had been made by the employer from their

wages. Deduction for absence from duty, subscription to Provident Fund, and

house accommodation were not applicable in case of these respondents because

they were piece rated workers, daily wage earner or casual workers.

7. Equal Remuneration Act, 1976:

1. Equal Wages for Equal Work

Table 6.89

Equal Wages for Equal Work

Equal wages for equal work Respondents Percentage

Yes 12 24

No 38 76

Total 50 100

Fig 6.89 Equal wages for equal work

(Sample of 50 women workers )

24%

76%

Yes

No

Section 4 of the Equal Remuneration Act, 1976 provides that the employer

should pay equal wages to men and women employees of his establishment, for

performing same work or work of similar nature. Table and figure 6.89 show this

371

particular provision of law was found to be complied with only to be extent of

24%, in remaining 76% case there was clear violation of Section 4 of the Act.

8. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

(i) Institution of Provident Fund, Pension Fund and Deposit – Linked

Insurance Fund

Table 6.90

Institution of Provident Fund, Pension Fund and Deposit – Linked Insurance

Fund

S.

No.

Institution of Provident Fund,

Pension Fund, Deposit-Linked

Insurance Fund


Yes No Yes No

Did the employer instituted the

following band according to

Employees’ Provident Funds

and Miscellaneous Provisions

Act, 1952

1. Provident Fund 0 50 0 100

2. Pension Fund 0 50 0 100

3. Deposit – Linked Insurance

Fund

0 50 0 100

0

20

40

60

80

100

Per

cen

tag

e

Provident Fund Pension Fund Deposit – Linked

Insurance Fund

Institution of Provident Fund, Pension Fund and

Deposit – Linked Insurance Fund

Fig 6.90 Institution of Provident Fund, Pension Fund and Deposit – Linked

Insurance Fund (Sample of 50 women workers)

Yes

No

Table and Figure 6.90 show that employers did not instituted the Provident

Fund Fund, Pension and Deposit – Linked Insurance Fund for the women

employees working in selected home based units.

372

(ii) Contribution Paid by Employer and Employee towards Provident

Fund and Pension Fund

Table 6.91

Compensation Paid by Employer and Employee towards Provident Fund and

Pension Fund

S.

No.

Contribution paid by the

employer and employee

towards Provident Fund and

Pension Fund

No. of Respondents Percentage

Yes No Yes No

1. Equal contribution of 10% of

basic pay

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Compensation paid by employer and

employee towards provident fund and

pension fund

Fig 6.91 Compensation paid by employer and employee towards

provident fund and pension fund (Sample of 50 women workers)

In selected home based units, it was found that no contributions were paid

both by the employer and women employee towards Provident Fund and Pension

Fund.

(iii) Contribution Paid by the Employer towards Deposit–Linked

Insurance Fund

Table 6.92

Contribution Paid by the Employer towards Deposit – Linked Insurance

Fund

S.

No.


employer towards Deposit –

Linked Insurance Fund


Yes No Yes No

1. Employer paying contribution

0.5% of the wages, DA etc.

0 50 0 100

373

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Employer paying contribution

Fig 6.92 Contribution paid by employer towards Deposit-Linked


Table and Figure 6.92 show that no employers paid contribution towards

Deposit – Linked Insurance Fund for the women employee.

(iv) Allotment of Account Number

Table 6.93

Allotment of Account Number

S.

No.

Allotment of Account Number No. of Responses Percentage

Yes No Yes No

1. Account number is allotted by

employer for becoming a

member of the Provident Fund/

Pension Fund

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Allotment of Account number

Fig 6.93 Allotment of Account number


374

Table and Figure 6.93 show that account number was not allotted to all the

respondents for becoming a member of the Provident Fund / Pension Fund. This

Act was not being effective because of the ignorance of the workers.

9. The Contract Labour (Regulation and Abolition) Act, 1970

(i) Licence

Table 6.94

S. No. Licence Field study

1. Contractor has a licence to recruit

respondents

During the survey it was found

that mostly contractor has no

licence to recruit respondents

According to Section 12 of the Act no contractor can engage contract

labour without obtaining a licence. During the survey it was found that mostly

contractor had no licence to recruit respondents. Thus there was violation of

Section 12 of the Act

10. The Payment of Bonus Act, 1965

(i) Payment of Bonus

Table 6.95

Payment of Bonus

S. No. Bonus provided by employer to

the employee according to law


1. Yes 10 20

2. No 40 80

Total 50 100

Fig 6.95 Payment of Bonus

20%

80%

Yes

No

375

Section 8 of the Act provides that every employee shall be entitled for

bonus which will be paid by his employer in an accounting year, in accordance

with the provisions of this Act, if he worked in the establishment for not less than

thirty working days in that accounting year. Table and Figure 6.95 show that only

20% of women employee had received bonus by the employer. 80% women

employee had not received any bonus.


1. Coverage under the Act

Table 6.96

Coverage under the Act

S. No. Act Coverage under the Act


2. The Contract Labour (Regulation and

Abolition) Act, 1970

Yes

3. Inter-State Migrant Workmen (Regulation of

Employment and Condition of Service) Act,

1979

Yes

4. Maternity Benefit Act, 1961 Yes

5. Employee’s State Insurance Act, 1948 No

6. The Employee’s Provident Funds and

Miscellaneous Provision Act, 1965

Yes


8. The Workmen’s Compensation Act, 1923 Yes




12. The Payment of Bonus Act, 1965 Yes Source: Field Study.

During the survey it was found that in all the 10 sampled brick kilns more

than twenty workers were working and mostly workers were recruited by

contractor. Many workers were migrated from another State to work in these brick

kilns. Thus, The Factories Act, 1948, The Contract Labour (Regulation and

Abolition) Act, 1970. Maternity Benefit Act, 1961, The Workmen’s

Compensation Act, 1923, The Minimum Wages Act, 1948, The Payment of

Wages Act, 1936, The Equal Remuneration Act, 1976 and The Payment of Bonus

Act, 1965 are applicable in these sampled brick kilns industry. For the

applicability of the Inter-State Migrant Workmen (Regulation of Employment and

376

Condition of Service) Act, 1979 the minimum 5 inter-state migrant workmen

should be employed in the industry. This condition is fulfilled by these sampled

brick kilns, so these brick kilns are covered by this Act. Brick industry is specified

in schedule-I of Employees’ Provident Funds and Miscellaneous Provision Act,

1952, thus covered by this Act. Employees’ State Insurance Act is not apply to

seasonal factories. Thus, this Act is not applicable to brick industry because brick

making is purely seasonal activity.


(i) Availability of Various Welfare Facilities15

Table 6.97

Availability of Various Welfare Facilities

S. No. Name of the facility Applicable in

sampled brick

kilns industry

Available in

sampled brick

kilns industry

Percentage

1. Washing 10 1 10

2. Storing and Drying

Clothing

10 0 0

3. Sitting 10 4 40

4. First Aid Appliances 10 0 0

5. Ambulance Room Not applicable - -

6. Canteen Not applicable - -

7. Lunch Room 2 0 0

8. Rest Room 2 0 0

9. Shelter 2 0 0

10. Crèche 5 0 0

11. Welfare Officers Not applicable - -

The above table indicates that provisions of ambulance room, canteen and

welfare officers were not applicable in selected brick kilns, because there the

number of workers was below 250. Provisions of lunch room, rest room/shelter are

applicable where number of workers is 150. These provisions were also applicable

in 2 units but there was violation of these provisions. For crèche facility the

number of women workers should 30 or more and this provision was applicable in

5 units, but none of these units had provided this facility. Beside this 40% of the

units had provided sitting arrangements and 10% had made arrangements for

377

washing facility. First aid appliances and storing and drying clothing were not

available in these units.

(ii) Arrangement for Health Measures16

Table 6.98


S. No. Name of the facility Arrangements made

in sample brick kilns

industry

Percentage




4. Dust and fume None 0

5. Lighting 2 20


7. Latrines and urinals None 0

8. Spittoons None 0


During the survey it was found that no arrangements made by the brick kiln

owner for cleanliness, disposal of wastes and effluents, ventilation and

temperature, dust and fume, latrine and urinals and spittoons etc. Only 20% units

made the arrangements for lighting and in majority of units lighting arrangements

were inadequate. 50% units had drinking water facilities. In other units the

respondents had to go to distant places for fetching water.

(iii) Protection for Eyes17

Table 6.99

Protection for Eyes

Name of facility Respondents Percentage

Yes No Yes No

Suitable goggles 0 50 0 100


378

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Suitable goggles



to respondents by the brick kilns owners.

(iv) Distribution of the Workers by Working Hours Per Day

Table 6.100

Distribution of the Workers by Working Hours Per Day


1. 8 hrs 0 0

2. 9 hrs 5 10

3. 10 hrs 15 30

4. Upto 12 hrs 30 60

5. Upto 14 hrs 0 0

6. Upto 16 hrs 0 0


0

10

20

30

40

50

60

Perc

en

tag

e

8 hrs 9 hrs 10 hrs Upto 12

hrs

Upto 14

hrs

Upto 16

hrs

Hours per day

Fig 6.100 Distribution of the workers by working hours per day


379

In brick kilns, there were no fixed hours of work and the workers worked

according to there own convenience. The above table and figure show that 90% of

the respondents worked for more than 9 hours a day. Thus in 90% cases the

working hours exceeded the statutory maximum 9 hours per day. This particular

provision of law was found to be complied with only to the extent of 10%. As

such there was no pressure from the owners on these workers to work for more

than statutory 9 hours a day.


Table 6.101

Per Week Working Hours

S. No. Hours per week No. of respondents Percentage

1. 48 hrs 0 0

2. 54 hrs 0 0

3. 60 hrs 10 20

4. Upto 66 hrs 20 40

5. Upto 72 hrs 15 30

6. Above 72 hrs 5 10


0

5

10

15

20

25

30

35

40

Perc

en

tag

e


hrs

Upto 72

hrs

Above 72

hrs

Hours per week

Fig 6.101 Per week working hours (Sample of 50 women workers)

Table and Figure 6.101 show that in 80% of the cases there was a violation

of even of the highest prescribed limit of maximum 60 hours per week and in

100% of the cases there was the violation of normal limit 48 hours per week.

380

(vi) Payment Rate for Over Time Work

In case of all 50 women workers in sampled brick kilns, Section 59 of the

Act18 was not applicable because they were piece rated workers.

(vii) Leaves

Table 6.102


S. No. Particulars Frequency Percentage

Yes No Yes No

1. Casual leave 0 50 0 100

2. Earned leave 0 50 0 100

Note: All sampled women workers were piece rates workers were not entitled to these leaves.

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


Type of leave

Fig 6.102 Status showing leaves (Sample of 50 women workers)

Yes

No

Table and Figure 6.102 show that all the sampled women workers were

piece rated workers were not entitled to these leaves. Thus Section 79 of the Act19

is not applicable in these workers. It was observed that these leaves are granted

only to the workers employed on regular basis.


There was no violation of Section 55 of the Act20 and the duration of rest

intervals varies from 30-45 minutes including 1-2 short intervals for tea.

381

(ix) Weekly Holiday

The study spells out that Section 52 of the Act21 is not strictly adhered to in

sampled brick kilns. The reason is that both employers and employees are

interested to earn more and more money.


(i) Institution of Provident Fund, Pension Fund and Deposit-Linked

Insurance Fund

Table 6.103

Institution of Provident Fund, Pension Fund and Deposit-Linked Insurance

Fund

S.

No.

Institution of Provident Fund, Pension Fund,

Deposit Linked Insurance Fund


Yes No Yes No

Did the employer instituted the following

fund according to Employees’ Provident

Funds and Miscellaneous Provisions Act,

1952



3. Deposit Linked Insurance Fund 0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

P ro vident Fund P ens io n Fund Depo s it Linked

Ins urance Fund

Institution of Provident Fund, Pension

Fund and Deposit Linked Insurance

Fund

Fig 6.103 Institution of Provident Fund, Pension Fund and

Deposit Linked Insurance Fund (Sample of 50 women workers)

Yes

No

Table and Figure 6.103 indicate that employer did not institute the

Provident Fund, Pension Fund and Deposit Linked Insurance Fund for the women

workers working in selected brick kilns.

382



Table 6.104

Contribution Paid by Employer and Employee towards Provident Fund and

Pension Fund

S.

No.

Contribution paid by



Pension Fund


Yes No Yes No


basic pay

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Contribution paid by employer and employee

towards Provident Fund and Pension Fund

Fig 6.104 Contribution paid by employer and employee toward

Provident Fund and Pension Fund


It was observed that in some of the sampled kilns, the contributions were

being made towards the Provident Fund both by the employers as well as by some

of the workers. The workers who paid contributions were mainly the firemen,

beldaars, munshis, the chowkidars and the cooks. All these workers who paid

contributions were normally the salaried workers. In the sampled brick kiln no

women workers were firemen and beldaars, munshis, chowkidars and cooks, thus

no contributions were paid both by the employer as well as women employee

toward the Provident Fund and Pension Fund.

383

(iii) Contribution Paid by the Employer towards Deposit-Linked Insurance

Fund

Table 6.105

Contribution Paid by the Employer towards Deposit-Linked Insurance Fund

S.

No.


employer towards Deposit-

linked Insurance Fund

No. of Responses Percentage

Yes No Yes No


0.5% of the wages, D.A. etc.

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Employer paying contribution

Fig 6.105 Contribution paid by employer towards Deposit-Linked


Table and Figure 6.105 show that no brick kiln owners paid contribution

towards Deposit-Linked Insurance Fund for the women employee.


Table 6.106


S.

No.

Allotment of Account

Number


Yes No Yes No

1. Account number is allotted

by employer for becoming a

member of the Provident

Fund/ Pension Fund

0 50 0 100

384

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Allotment of Account number

Fig 6.106 Allotment of Account number


Table and Figure 6.106 show that account numbers were not allotted to all

the respondents for becoming a member of the Provident Fund / Pension Fund.

Thus, it can be said that Provident Fund Act cannot hold good unless the workers

of this bricks industry are registered and given them employment card etc.



Table 6.107


S.

No.


gratuity


Yes No Yes No


gratuity

5 45 10 90

Fig 6.107 Coverage of respondents gratuity


10%

90%

Yes

No

385

Table and Figure 6.107 show that 10% women employee were entitled to

receive gratuity, because they had rendered continuous service of 5 years as

prescribed by Section 4 of the Payment of Gratuity Act, 1972.22

(ii) Award of Gratuity

Table 6.108

Award of Gratuity

S.

No.

Award of Gratuity


Yes No Yes No

1. Is gratuity rewarded by

employer for long and

meritorious service

0 5 0 100

Note: In case of remaining 45 women employee this provision was not applicable, because they did not

fulfill the eligible condition for gratuity.

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Award of gratuity

Fig 6.108 Award of gratuity (Sample of 50 women workers)

Table and Figure 6.108 show that gratuity was not rewarded by employer

for long and meritorious service to women employee, inspite of their eligibility to

receive gratuity.

386



Table 6.109

Category wise Actual Payment

S.

No.

Category

Notified

Minimum

Wages


getting

(NMW)

Percentage

1. Unskilled 3162.80 0 0 0

2. Semi-skilled 3605.63 50 50 100

3. Skilled 4002.00 0 0 0 Source: Office of Labour Commissioner, Uttar Pradesh, G.T. Road, Kanpur.

0

20

40

60

80

100

Perc

en

tag

e


Category

Fig 6.109 Category wisse actual Payment (Sample of 50 women workers)

The Act has been enacted for fixing minimum rates of wages for the

workers of certain establishments. However it was good to note that the wages

earned by the women workers in the sampled brick kilns were much higher than

the minimum wages fixed under this Act. The minimum wages for 01.10.08 to

31.03.09 fixed by the Uttar Pradesh Government were Rs. 3162.80 for unskilled

workers, 3605.63 for semi-skilled workers and 4002.00 for skilled workers.

(ii) Wages Paid in Cash/Kind

Table 6.110


S.

No.

Wages paid in cash/kind


Yes No Yes No



387

0

20

40

60

80

100

Perc

en

tag

e

Wages paid in cash Wages paid in kind

Wages paid

Fig 6.110 Wages paid in cash/kind (Sample of 50 women workers)

Yes

No

The above table and figure show that 100% women employee was getting

wages in cash. Thus there is no violation of Section-11(1) of the Act.23



Table 6.111

Wages Paid on Time

Wages paid on time Respondents Percentage

Yes 0 0

No 50 100

Total 50 100


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Wages paid on time

Fig 6.111 Wages paid on time (Sample of 50 women workers)

388

Table and Figure 6.111 show that 100% respondents were not getting

wages on time. There was violation of Section 5 of Payment of wages Act, 1936.24


Table 6.112


S.

No.

Any unauthorised deductions has been

made from the wages by the employer


1 Yes 40 80

2 No 10 20

Total 50 100


Fig 6.112 Unauthorized deductions (Sample of 50 women workers)

80%

20%

Yes

No

Table and Figure 6.112 show that 80% respondents said that unauthorised

deductions had been made by the employer from their wages. Only 20%

respondents said that no unauthorised deductions had been made by the employer

from their wages. Section 7 of the Act25 was found to be complied with only to the

extent of 20.

389

(iii) Deductions

Table 6.113

Deductions

S.

No.

Deductions made by employer Respondents Percentage

Yes No Yes No


2. Deduction for absence from duty - - - -

3. Deduction for damage or loss of

goods or money

50 0 100 0

4. Deduction for house

accommodation

- - - -

5. Deduction for recovery of advances 50 0 100 0

6. Deduction for recovery 50 0 100 0

7. Deduction for subscription to

Provident Fund

- - - -

The above table shows that 100% respondents said that deductions for fine,

damage or loss of goods or money, recovery of advances, and recovery of loan had

been made by the brick kiln owners. The owners did not institute the Provident

Fund to respondents. So no deduction was made for subscription to Provident

Fund. The owners had not provided housing facilities to respondents, thus

deductions was not made for house accommodation. All the respondents were the

piece rate workers, so deductions for absence from duty are not applicable to these

workers.

7. Equal Remuneration Act, 1976

(i) Equal Wages for Equal Work

Table 6.114

Equal wages for Equal work

S. No. Equal wages for equal work Respondents Percentage

1. Yes 50 100

2. No 0 0

Total 50 100

390

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Equal wages for equal work

Fig 6.114 Equal wages for equal work (Sample of 50 women workers)

In brick kilns there was no discrimination in wages with regards to sex of

workers. Table and Figure 6.114 show that Section 4 of the Act26 was found to be

complied with the extent of 100%.

8. The Workmen’s Compensation Act, 1923

(i) Compensation for Employment Injury

Table 6.115


S. No. Compensation for employment

injury


1. Yes 0 0

2. No 50 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Compensation for emplyment injury

Fig 6.115 Compensation for emplyment injury


391

In the sampled brick kilns it was observed by the researcher that no dispute

regarding the payment of compensation for employment injury, occurred to be

resolved under the provisions of Workmen’s Compensation Act. If there is some

serious injury, the employers do not give any compensation to these workers

according to the provisions of the Act. Table and Figure 6.115 clearly show that

no compensation was given by employer to respondents for employment injury.

Thus there was clear violation of Section 3 of the Act.27

9. Maternity Benefit Act, 1961

(i) Coverage of Respondents for Maternity Benefit

Table 6.116

Coverage of Respondents for Maternity Benefit

S.

No.


maternity benefit


Yes No Yes No

1. Are you covered under the Act for

maternity benefit

45 0 100 0

Note: In case of remaining 5 women workers this provision is not applicable because they are either

unmarried or widow.

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Coverage of respondents for Maternity Benefit

Fig 6.116 Coverage of respondents for Maternity Benefit


Table and Figure 6.116 show that all the women employee were covered

under the Act for maternity benefits because they fulfill the criteria laid down

under Section 5(2) of the Act.28

392

(ii) Maternity Benefit

Table 6.117

Maternity Benefit

S. No. Maternity Benefit provided to

women employee according to law


1. Yes 0 0

2. No 45 100

Total 45 100

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Maternity benefit provided to women employee

Fig 6.117 Maternity benefit (Sample of 50 women workers)

Table and Figure 6.117 show that no women employee received the

maternity benefit according to law.

(iii) Medical Bonus

Table 6.118

Medical Bonus

S. No. Medical Bonus is provided by

employer


1. Yes 0 0

2. No 45 100

Total 45 100

393

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Medical bonus provided by employer

Fig 6.118 Medical bonus (Sample of 50 women workers)

Table and Figure 6.118 show that no women employee received medical

bonus from her employer. Thus there was clear violation of Section 8 of the Act.29

(iv) Leave

Table 6.119

Leave

S.

No.

Leave Respondents Percentage

Yes No Yes No

1. Leave for miscarriage etc. and

illness

0 45 0 100

2. Leave for tubectomy operation 0 45 0 100

3. Leave for illness 0 45 0 100

0

20

40

60

80

100

Perc

en

tag

e

Leave fo r mis carriage

e tc . and illnes s

Leave fo r tubec to my

o pera tio n

Leave fo r illnes s

Leave

Fig 6.119 Leave (Sample of 50 women workers)

Yes

No

394

Table and Figure 6.119 clearly show these leaves were not provided by the

kilns owners to women employees. There was clear violation of Section 9, 9A and

10 of the Act.30

(v) Nursing Breaks

Table 6.120

Nursing Breaks

S. No.

Nursing Breaks Respondents Percentage

1. Yes 45 100

2. No 0 0

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Nursing breaks

Fig 6.120 Nursing breaks (Sample of 50 women workers)

Table and Figure 6.120 show that Section 11 of the Act31 was complied to

the extent of 100%.


(i) Licence

Table 6.121

Licence

Contractor has a licence to recruit

respondents

Field study

During the survey it was found that

mostly contractor has no licence to

recruit respondents


According to this Act no contractor can engage contract labour without

obtaining a licence. During the survey it was found that mostly contractor had no

licence to recruit respondents. Thus there was violation of Section 12 of the Act.32

395



Table 6.122

Payment of Bonus

S. No.

Bonus provided by the employer to

the employee according to law


1. Yes 0 0

2. No 50 100

Total 50 100


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Bonus provided by the employer

Fig 6.122 Payment of bonus (Sample of 50 women workers)

According to Section 8 of the Act every employee is entitled to some bonus

to be paid by his employer, provided the worker has worked in the establishment

for more than thirty working days in a year. However, in the sampled brick kilns,

no such arrangement was found. There was clear violation of Section 8 of the Act.

Nevertheless in some cases, respondents were given some gifts like clothes,

utensils and other household items on occasions like Holi, Diwali and other

Festivals. But unfortunately, the owners of these kilns did not comply with the

provisions of the Bonus Act as such.

396

12. The Inter-State Migrant Workmen (Regulation of Employment and

Conditions of Service) Act, 1979

(i) Licence

Table 6.123

Licence


respondents

Field study


mostly contractor has no licence to

recruit respondents

Section 8 of the Act lay down that no contractor shall recruit any person

unless he has a licence to do so. In the sampled brick kilns 20 women workers

were migrant workers. These workers were recruited through the intermediaries,

none of these intermediaries, also had any licence as is required under the Act.

(ii) Displacement Allowance

Table 6.124

Displacement Allowance

S. No.

Contractor paid the displacement

allowance to respondents


1. Yes 0 0

2. No 20 100

Total 20 100 Note: In the sample only 20 women workers are migrant workers.

0

20

40

60

80

100

Perc

en

tag

e

Yes No

The displacement allowance paid by Contractor

Fig 6.124 Displacement allowance (Sample of 20 women workers)

397

Table and Figure 6.124 show that no respondents had paid displacement

allowance as required under Section 14 of the Act, thus there was clear violation

of section 14 of the Act.33

(iii) Journey Allowance

Table 6.125

Journey Allowance

S. No.

The Contractor paid the Journey

Allowance to the respondents


1. Yes 0 0

2. No 20 100

Total 20 100

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

The journey allowance paid by the contractor

Fig 6.125 Journey allowance (Sample of 20 women workers)

Table and Figure 6.125 show that no respondents had received journey

allowance, thus there was violation of Section 15 of the Act.34

398



Table 6.126


S. No. Act Coverage under the

Act


2. The Contract Labour (Regulation and Abolition)

Act, 1970

No

3. Inter-state Migrant Workmen (Regulation of

Employment and Condition of Service) Act,

1979

No

4. The Employees’ State Insurance Act, 1948 Yes

5. The Employee’s Provident Funds and

Miscellaneous Provisions Act, 1952

Yes



8. The Payment of Wages Act 1936 Yes



11. Maternity Benefit Act, 1961 Exempted

12. The Workmen Compensation Act, 1923 Exempted

During the survey it was found that in hicks thermometers industry more

than twenty workers were working. This industry is covered under the Factories

Act, 1948, Employees’ State Insurance Act, 1948. The Employees’ Provident

Funds and Miscellaneous Provision Act, 1952, The Payment of Gratuity Act, 1972

The Minimum Wages Act, 1948, The Payment of Wages Act, 1936, The Equal

Remuneration Act, 1976 and The Payment of Bonus Act, 1965.

In the industry no worker was recruited by contractor and no migrant

workmen was found. So this industry is not covered by the Contract Labour

(Regulation and Abolition) Act, 1970 and Inter-state Migrant Workmen

(Regulation of Employment and Condition of Service) Act, 1979.

Further it was found that in hicks thermometers industry the Maternity

Benefit Act and Workmen’s Compensation Act were not applicable because the

establishment is covered under the Employees’ State Insurance Act. Sections 53

and 61 of the Employees’ State Insurance Act specifically provide that when a

399

person is entitled to any of the benefits provided by the Act, then he shall not be

entitled to recovery any similar benefits admissible under the provisions of any

other enactment. The women workers were getting benefits under the Employees’

State Insurance Act, in this industry, so this industry is exempted from the

provisions of the Maternity Benefit Act, 1961 and the Workmen Compensation

Act, 1923.



Table 6.127


S.

No.


Hicks

Thermometers

Industry

Available in

Hicks

Thermometers

Industry

Percentage

1. Washing 1 1 100

2. Storing and drying

clothing

1 0 0

3. Sitting 1 1 100

4. First aid appliances 1 1 100

5. Ambulance room Not applicable - -


7. Lunch room Not applicable - -

8. Rest room Not applicable - -

9. Shelter Not applicable - -

10. Crèche 1 1 100

11. Welfare Officer Not applicable - -

The above table indicates that provisions for ambulance room, canteen,

lunch room, rest room, shelter and welfare officer are not applicable in this

industry. Creche facility is applicable in those units where women workers are 30,

thus this provision is applicable in this industry and crèche facility was provided

by the employer. Provisions of washing, storing and drying clothing, sitting and

400

first aid appliances are applicable in this industry. These facilities were provided

by employer except facility for storing and drying clothing.

(ii) Arrangements of Health Measures

Table 6.128

Arrangements of Health Measures36

S. No. Name of the facility Arrangements made in

Hicks Thermometers

Industry

1. Cleanliness Yes

2. Disposal of wastes and effluents Yes

3. Ventilation and temperature Yes

4. Dust and fume Yes

5. Lighting Yes

6. Drinking water Yes

7. Latrines and urinals Yes

8. Spittoons No


During the survey it was found that in this industry arrangement for

cleanliness, disposal of wastes and effluents, ventilation and temperature, dust and

fume, lighting, latrines and urinals, and drinking water were made by the

employer. No arrangement for spittoons made by employer. Section 11 to 19 of

Factories Act, 1948 are implemented in this industry, but Section 20 of the Act is

not implemented.


Table 6.129

Protection for Eyes

S. No. Name of facility Respondents Percentage

Yes No Yes No

1. Suitable goggles 40 10 80 20 Source: Field study.

401


80%

20%

Yes

No

In our sample 40% respondents said that suitable goggles provided to them

for protection of eyes, but 20% respondents said that suitable goggles not provided

to them for protection of eyes. Thus Section 35 of the Act complied to the extent

of 80%.

(iv) Distribution of the Workers by Working Hours Per Day

Table 6.130



1. 8 hrs 50 100

2. 9 hrs 0 0

3. 10 hrs 0 0

4. Upto 11 hrs 0 0

5. Upto 14 hrs 0 0

6. Upto 16 hrs 0 0


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


hrs

Upto 14

hrs

Upto 16

hrs

Hours per day



402

The above table and figure show that all the respondents in the sample

worked for 8 hours a day. Thus there was no violation of Section 54 of the

Factories Act, 1948.38

(v) Distribution of Workers by Per Week Working Hours

Table 6.131

Distribution of Workers by Per Week Working Hours

S. No. Hours per week No. of Respondents Percentage

1. 48 hrs 50 100

2. 54 hrs 0 0

3. 60 hrs 0 0

4. Upto 66 hrs 0 0

5. Upto 72 hrs 0 0

6. Above 72 hrs 0 0

Total 50 100


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


hrs

Upto 72

hrs

Above 72

hrs

Hours per week

Fig 6.131 Distribution of workers per week working hours


Table and Figure 6.131 show that 100% respondents in her sample worked

for 48 hrs per week. Although 20% respondents said they seldom had done 1 hour

overtime work. There was no violation of Section 51 of the Act.39

403

(vi) Payment Rate for the Overtime Work

Table 6.132

Payment Rate for the Overtime Work

S. No. Overtime rate No. of women workers Percentage

1. Single 10 100

2. One and half 0 0

3. Double 0 0

Total 10 100 Note: In case of remaining 40 women workers this provision is not applicable because they do not

work overtime.

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


Overtime Rate

Fig 6.132 Payment rate for the overtime work


In the sample 10 women workers were working overtime work, but they

received wages for overtime at the single rate, thus there was clear violation of

Section 59 of the Act.40

(vii) Leaves

Table 6.133



Yes No Yes No



404

Fig 6.133 Status showing leaves (Sample of 50 women workers)

0

10

20

30

40

50

60

70

80

90


Leave

Perc

en

tag

e

Yes

No

According to Section 79 of the Act,41 a woman worker is allowed to 12-15

days of earned leave in a year depending upon the actual number of days worked

by her. As regards the casual leave, the provision has been provided under the

Industrial Employment (Standing Order) Act, 1946, under which the central rules

provide that a workman may be granted casual leaves with pay not exceeding 5

days in aggregate. Such leave is intended to meet special circumstances, which

cannot be foreseen.

Table and Figure 6.133 show that provision relating to casual leave and

earned leave were being implemented to the extent of 80%.



interval was 30 minutes. Timing was 12:30 p.m. to 1 p.m.

(ix) Weekly holiday

The study spell out that Section 52 of the Act43 is implemented in this

industry. Sunday was the weekly holiday.


(i) Women Employee’s Insurance

Table 6.134


S. No. Women employee’s insurance Respondents Percentage

Yes No Yes No

1. Are women employee’s insured

under the ESI Act

50 0 100 0

405

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Women employee’s insurance

Fig 6.134 Women employee’s insurance


Section 38 of the ESI Act mandates that all the employees in factories or

establishments shall be insured. Table and Figure 6.134 show that all the

respondents in sample insured under the ESI Act. There was no violation of this

provision of the Act.

(ii) Contributions

Table 6.135

Contributions

S. No. Contributions Respondents Percentage

Yes No Yes No

1. Contribution paid by employees


wages

50 0 100 0

2. Contribution paid by employer

at the rate of 4.75% of the

wages

50 0 100 0

0

20

40

60

80

100

Perc

en

tag

e


employees at the rate of

1.75% of their wages


employer at the rate of

4.75% the wages

Contributions


No

Yes

406


paid by the employer and employee. In hicks thermometers industry Section 39 of

the Act was implemented to the extent of 100%.

(iii) Benefits

Table 6.136

Benefits

S. No. Benefits Respondents Percentage

Yes No Yes No

1. Sickness benefits 50 0 0 100

2. Maternity benefit 40 0 0 100

3. Medical benefit 50 0 0 100

4. Disablement benefit 50 0 0 100

Note: In case of remaining 10 women workers provision of maternity benefit is not applicable because

they are either unmarried or widow.

0

1020

304050

6070

8090

100

Perc

en

tag

e

Sickness

benefits

Maternity

benefit

Medical benefit Disablement

benefit

Benefits

Fig 6.136 Benefits (Sample of 50 women workers)

Yes

No

Section 46 of the ESI Act provides benefits for the insured persons. Table

and Figure 6.136 show that sickness benefit, maternity benefit, medical benefit

and disablement benefit were provided by the ESI authorities to the respondents in

the contingencies of sickness, maternity, medical care and disablement.

Thus, the provisions relating to benefits are implemented in this industry.

407

(iv) Compensation for Employment Injury

Table 6.137


S. No. Compensation for employment

injury


1. Yes 50 100

2. No 0 0


0

20

40

60

80

100

Perc

en

tag

e

Yes No




In case of employment injury, compensation was given to respondents by

E.S.I. authorities, because all the respondents were insured under the Act.


(i) Institution of Provident Fund, Pension Fund, and Deposit-Linked

Insurance Fund

Table 6.138

Institution of Provident Fund, Pension Fund, and Deposit-Linked Insurance

Fund

S. No. Institution of Provident Fund,

Pension Fund, Deposit-Linked

Insurance Fund


Yes No Yes No

Did the employer instituted the

following fund according to

Employees Provident Funds and

Miscellaneous Provisions Act,

1952



3. Deposit-Linked Insurance Fund 0 50 0 100 Source: Field Study.

408

0

20

40

60

80

100

Perc

en

tag

eP ro vident Fund P ens io n Fund Depo s it – Linked

Ins urance Fund

Institution of Provident Fund, Pension Fund, and

Deposit-Linked Insurance Fund

Fig 6.138 Institution of Provident Fund, Pension Fund, and Deposit-

Linked Insurance Fund (Sample of 50 women workers)

Yes

No

Table and Figure 6.138 indicate that employer instituted the Provident

Fund and Pension Fund according to Employees’ Provident Fund and

Miscellaneous Provisions Act, 1952, but Deposit-Linked Insurance Fund was not

instituted by the employer.



Table 6.139


Pension Fund

S. No. Contribution paid by the

employer and employee towards

Provident Fund and Pension

Fund

No. of

Respondents

Percentage

Yes No Yes No


basic pay

50 0 100 0


0

20

40

60

80

100

Perc

en

tag

e

Yes No

Contribution paid by employer and employee towards

Provident Fund and Pension Fund

Fig 6.139 Contribution paid by employer and employee towards

Provident Fund and Pension Fund (Sample of 50 women workers)

409

In hicks thermometers Industry, it was observed that both employer and

employee paid equal contribution of 10% of basic pay of respondents, towards

Provident Fund and Pension Fund.

(iii) Contribution Paid by the Employer towards Deposit-linked Insurance

Fund

Table 6.140

Contribution Paid by the Employer towards Deposit-linked Insurance Fund



linked Insurance Fund

No. of

Respondents

Percentage

Yes No Yes No


0.5% of the wages, DA etc.

0 50 0 100


0

20

40

60

80

100

Perc

en

tag

e

Yes No

Contribution paid by the employer towards

deposit linked Insurance Fund

Fig 6.140 Contribution paid by the employer towards deposit linked


In the industry employer did not instituted the Deposit-linked Insurance

Fund, so no contribution was paid by the employer towards Deposit-linked

Insurance Fund for the women employee.


Table 6.141


S. No. Allotment of account number No. of

Respondents

Percentage

Yes No Yes No


employer for becoming a


Fund/Pension Fund

50 0 100 0

410

0

20

40

60

80

100

Perc

en

tag

e

Yes No


Fig 6.141 Allotment of Account Number


Table and Figure 6.141 show that account number was allotted by

employer to all the respondents for becoming a member of the Provident Fund /

Pension Fund.

5. Payment of Gratuity Act


Table 6.142


S. No. Coverage of respondents for

gratuity


Yes No Yes No


gratuity

30 20 60 40

Fig 6.142 Coverage of respondents for gratuity


60%

40%

Yes

No

411


receive gratuity, because they has rendered continuous service of 5 years as



Table 6.143

Award of Gratuity

S. No. Award of Gratuity Respondents Percentage

Yes No Yes No



meritorious service

30 0 100 0

Note: In case of remaining 20 women employee this provision is not applicable because they do not


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Award of Gratuity

Fig 6.143 Award of Gratuity (Sample of 50 women workers)

Table and Figure 6.143 show that gratuity was rewarded by the employer

for long and meritorious service to women employee.



Table 6.144

Pattern of Actual Payment of Category-wise Wages of the Respondents

S.

No.

Category Notified

Minimum

Wages

(NMW)


getting

NMW

Percentage

1. Unskilled 3162.80 18 0 100

2. Semi-skilled 3605.63 14 0 100

3. Skilled 4002.00 18 0 100

Total 50 0 - Source: Office of Labour Commissioner, Uttar Pradesh, G.T. Road, Kanpur.

412


workers of certain establishments. It is very sad that all the respondents in this

industry were paid less than notified minimum wages, though they are covered by

the Minimum Wages Act.


Table 6.145


S. No. Wages paid in cash/kind Respondents Percentage

Yes No Yes No



0

20

40

60

80

100

Perc

en

tag

e


Wages paid

Fig 6.145 Wage paid (Sample of 50 women workers)

Yes

No

The above table and figure show that 100% women employee were getting

wages in cash. Thus, there was no violation of Section – 11(1) of the Act.45



Table 6.146

Wages Paid on Time


Yes 50 100

No 0 0

Total 50 100

413

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Wages paid on time


Table and Figure 6.146 show that 100% respondents were getting wages on

time. There was no violation of Section 5 of the payment of wages Act, 1936.46


Table 6.147


Any unauthorised deductions has

been made from the wages by the

employer


Yes 5 10

No 45 90

Total 50 100


10%

90%

Yes

No

414

Table and Figure 6.147 show that 90% respondents said that no

unauthorised deductions had been made by the employer from their wages. Only

10% respondents said that unauthorised deductions had been made by the

employer from their wages. Section 7 of the Act47 was found to be complied to the

extent of 80%.

(iii) Deductions

Table 6.148

Deductions

S. No. Deductions made by employer Respondents Percentage

Yes No Yes No

1. Deduction for fine - - - -

2. Deduction for absence from

duty

50 - 100 -


goods or money

50 - 100 -


accommodation

- - - -

5. Deduction for recovery of

advances

50 - 100 -

6. Deduction for recovery of loans 50 - 100 -


Provident Fund

50 - 100 -

The above table and figure show that 100% respondents said that

deductions for absence from duty, damage for loss of goods or money, recovery of

advances, recovery of loans, subscription to Provident Fund had been made by the

employer. No fine was imposed to any of the respondents, so deduction for fine

was not made from their wages. The employer had not provided housing facilities

to respondents, thus deduction was not made for house accommodation.

415



Table 6.149


S.

No.

Equal wages for equal work Respondents Percentage

1. Yes 50 100

2. No 0 0

Total 50 100

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No



In hicks thermometers Industry, there was no discrimination in wages with

regard to sex of workers. Table and Figure 6.149 show that Section 4 of the Act48

was found to be complied with to the extent of 100%.



Table 6.150

Payment of Bonus

S. No. Bonus provided by the employer

to the employee according to law


1. Yes 0 0

2. No 50 100


416

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No



In this industry, no arrangement for bonus had been made by the employer

to the women employee according to law. There was clear violation of Section 8

of the Act.49 However, on some occasions, respondents were given some gifts, but

it is based only on the will of employer.



Table 6.151


S.

No.

Act Coverage

under the Act

1. The Building and Other Construction Workers (Regulation

of Employment and Conditions of Service) Act, 1996

Yes

2. The Contract Labour (Regulation and Abolition) Act,

1970

Yes

3. Inter-State Migrant Workmen (Regulation of Employment

and Condition of Service) Act, 1979

Yes

4. Maternity Benefit Act, 1961 Yes

5. The Employee’s State Insurance Act No

6. The Employee’s Provident Funds and Miscellaneous

Provision Act, 1952

Yes


8. The Workmen’s Compensation Act, 1923 Yes





417

The Building and Other Construction Workers (Regulation of Employment

and Conditions of Service) Act, 1996 applies to every establishment which

employs, or had employed on any day of preceding twelve months, ten or more

building workers in any building or other construction work. This Act is

applicable to all the 5 construction sites selected for study in Agra. Mostly workers

in selected construction sites were recruited through contractor. Many workers

were migrated from another state to work in these construction sites. Thus these

construction sites were covered by the Contract Labour (Regulation and Abolition)

Act, 1970 and the Inter-State Migrant Workmen (Regulation of Employment and

Condition of Service) Act, 1979. Construction workers do not get benefit under

the Employees’ State Insurance Act, 1948 because construction work is seasonal

but are covered by the Workmen Compensation Act, 1923 and Maternity Benefits

Act, 1961. The Employees Provident Funds Act, 1952 applies to these

construction sites, but both employers and employees normally prefer to avoid

implementing the Act for their own reasons. Beside this, The Minimum Wage Act,

1948, The Payment of Wages Act, 1936, The Equal Remuneration Act, 1976, The

Payment of Gratuity Act, 1972 and The Payment of Bonus Act, 1965 are also

applicable to these construction sites.

2. Building and Other Construction Workers (Regulation of Employment

and Conditions of Service) Act, 1996


Table 6.152

Availability of Various Welfare Facilities

S. No. Name of the facility Applicable in

construction

sites

Available in

construction

sites

Percentage

1. Crèche 4 0 0

2. First aid 5 4 80

3. Canteens 3 1 33.3

418

0

10

20

30

40

50

60

70

80

Perc

en

tag

e

Crèche First aid Canteens

Name of the facility

Fig 6.152 Availability of various welfare facilities


Section 35 of the Act provides that crèches are provided in every place

wherein more than fifty female building workers are ordinarily employed. This

provision is applicable in 4 construction sites out of 5 construction site. No facility

of crèches was provided by employer to women workers. There was clear

violation of Section 35 of the Act. Section 36 provides that every employer shall

provide in all the places where building or other construction work is carried on

such first aid facilities as may be prescribed. This provision is applicable in all

construction sites, but 80% construction sites implemented this provision, Section

37 provides that the employer will provide in every place wherein not less than

two hundred and fifty building workers are ordinarily employed, a canteen for use

of workers. This provision is applicable in 3 construction sites in which only

33.3% construction site applied this provision.

(ii) Arrangements for Health Measures

Table 6.153


S. No. Name of the facility Arrangement made in

construction site

Percentage


2. Latrine and urinals 2 40

3. Proper and adequate lighting 4 80 Source: Field Study.

419

Fig 6.153 Arrangements for Health Measures


0

20

40

60

80

100

120

Drinking water Latrine and urinals Proper and adequate lighting

Name of the facility

Perc

en

tag

e

During the survey it was found that in all construction sites the facilities for

drinking water was provided. Thus there was no violation of Section 32 of the

Act.50 40% construction sites had facilities for latrines and urinals, so Section 33

of the Act51 was complied with only to the extent of 40%. In 80% construction

sites arrangements for proper and adequate lighting was made.

(iii) Working Hours Per Day

Table 6.154



1. 8 hrs 9 18

2. 9 hrs 19 38

3. 10 hrs 22 44

4. Upto 11 hrs 0 0

5. Upto 14 hrs 0 0

6. Upto 16 hrs 0 0

Total 50 100

0

5

10

15

20

25

30

35

40

45

Perc

en

tag

e


hrs

Upto 14

hrs

Upto 16

hrs

Hours per day



420

Section 28(a) of the Building and Other Construction Workers (Regulation

of Employment and Conditions of Service) Act, 1996 provides that Government

has been empowered to fix the number of hours of work for a building worker.

While a maximum of 9 hours in a day and 48 hours in a week were the general

rule in all the five construction sites under study, yet on all the five construction

sites, the period of actual work was found invariably exceeding 9 hour a day and

48 hours a week. The analysis of the above table shows that 44% respondents

worked for more than 9 hours a day, 38 respondents worked for 9 hours a day and

18% respondents worked for 8 hours a day.

(iv) Accommodation Provided by the Employer

Table 6.155

Accommodation Provided by Employer

S. No. Accommodation provided by employer Respondents Percentage

1. Yes 16 32

2. No 34 68

Total 50 100

Fig 6.155 Accommodation provided by employer


32%

68%

Yes

No

Section 34 of the Act provides that the employer shall provide, free of

charges and within the work site or as near to it as may be possible, temporary

living accommodation to all building workers employed by him for such period as

the building or other construction work is in progress. In researcher’s sample 32%

respondents said that accommodation provided by employer for them but 68%

421

respondents said that no accommodation was provided by employer for them.

Thus this provision is complied with only to the extent of 32%.

(v) Payment Rate for the Over Time Work

Table 6.156

Percentage-wise Distribution of the Workers Per O.T. Rate

S. No. Over time rate No. of workers Percentage



3. Double rate 0 0

Total 22 100

Note: In case of remaining 28 women workers this provision is not applicable because they do not

work overtime.

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


Over time rate

Fig 6.156 Percentage wise distribution of the workers per O.T. rate


Section 29 of the Act provides that where any building worker is required

to work on any day of excess of the number of hours constituting a normal

working day, he shall be entitled to wages at the rate of twice his ordinary rate of

wages. In her sample 22 women workers do overtime work, but they received

wages for overtime at the single rate, thus there was clear violation of Section 29

of the Act.

422

(vi) Rest Intervals

Table 6.157

Rest Intervals

S.

No.

Rest intervals No. of respondents Percentage

1. Yes 50 0

2. No 0 0

Total 50 0

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Rest intervals

Fig 6.157 Rest intervals (Sample of 50 women workers)

Section 28(a) of the Act provides that the Appropriate Government may, by

rules fix the number of hours of work which shall constitute a normal working day

for building workers, inclusive of one or more specified intervals. In all the 5

construction sites, the hours of daily work had been so arranged that the

respondents automatically enjoyed rest intervals of sufficient duration. There was

no violation of this provision.

(vii) Weekly Holiday with Pay

Table 6.158

Weekly Holiday with Pay

S.

No.

Weekly holiday No. of respondents Percentage

1. Yes 0 0

2. No 50 100

Total 50 100

423

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Weekly holiday

Fig 6.158 Weekly holiday with pay (Sample of 50 women workers)

Section 28(b) of the Act provides that Government has been empowered to

provide for a day of rest in every period of 7 days and for the payment of

remuneration in respect of such days of rest. In sample, all the respondents said

that it is difficult to work for all seven days in a week as they get exhausted in

such strenuous activities, so they used to have weekly holiday. But unfortunately

no payment was given to them for such weekly holiday. There was clear violation

of Section 28(b) of the Act.


(i) Institution of Provident Fund, Pension Fund and Deposit- linked

Insurance Fund

Table 6.159

Institution of Provident Fund, Pension Fund and Deposit-linked Insurance

Fund

S. No. Institution of Provident

Fund, Pension Fund,

Deposit-linked Insurance

Fund


Yes No Yes No

Did the employer instituted

the following fund

according to Employees’

Provident Funds and

Miscellaneous Provisions

Act, 1952



3. Deposit Linked Insurance 0 50 0 100

424

0

102030405060708090

100

Per

cen

tag

e

Provident Fund Pension Fund Deposit Linked

Insurance



Fig 6.159 Institution of Provident Fund, Pension Fund and Deposit


Yes

No

Table and Figure 6.159 show that employer did not institute the Provident

Fund, Pension Fund and Deposit-linked Insurance Fund to the women workers

working in selected construction sites.

(ii) Contribution Paid by Employer and Employee towards Provident and

Pension Fund

Table 6.160

Contribution Paid by Employer and Employee towards Provident and

Pension Fund




Pension Fund


Yes No Yes No

1. Equal contribution of 10%

of basic pay.

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Contribution paid by employer and employee

towards provident and pension fund


provident and pensioin fund (Sample of 50 women workers)

425

In selected construction sites, it was found that no contributions are paid

both by the employer and women employee towards the Provident Fund and

Pension Fund. It was observed that both the employers and employees normally

prefer to avoid implementing the Act for their own reasons.


Fund

Table 6.161




linked Insurance Fund.


Yes No Yes No

1. Employer paying

contribution 0.5% of the

wages, DA etc.

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No



Fig 6.161 Contribution paid by the employer towards Deposit Linked


Table and Figure 6.161 show no builder/contractor paid contribution

towards Deposit-linked Insurance Fund for the women employee.


Table 6.162


S. No. Allotment of account

number


Yes No Yes No

1. Account number is allotted

by employer for becoming a


Fund/ Pension Fund

0 50 0 100

426

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Allotment of account number

Fig 6.162 Allotment of Account number (Sample of 50 women workers)

Table and Figure 6.162 show that account number was not allotted to all

the respondents for becoming a member of the Provident Fund/Pension Fund. This

Act was not being effective because of the ignorance of the workers.

4. Payment of Gratuity Act


Table 6.163



gratuity


Yes No Yes No


gratuity

7 43 14 86



14%

86%

Yes

No

427


receive Gratuity, because they has rendered continuous service of 5 years as



Table 6.164

Award of Gratuity


Yes No Yes No



meritorious service

0 7 0 100

Note: In case of remaining 43 women employee, this provision was not applicable, because they do not


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Award of gratuity


Table and Figure 6.164 indicate that Gratuity was not rewarded by

employer for long and meritorious service to women employee, inspite of their

eligibility to receive Gratuity.

428

5. The Minimum Wages Act 1948


Table 6.165

Category-wise Actual payment

S. No. Category Notified

minimum

wages


getting

NMW

Percentage

1. Unskilled 3162.80 50 0 100

2. Semi-skilled 3605.63 0 0 0

3. Skilled 4002.00 0 0 0 Source: Office of Labour Commissioner, Uttar Pradesh, G.T. Road, Kanpur.

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


Category

Fig 6.165 Category wise actual payment (Sample of 50 women workers)


workers of certain establishments. It is very unfortunate that all the respondents in

selected construction sites were paid less than notified minimum wages.

(ii) Wages Paid in Cash / Kind

Table 6.166



Yes No Yes No



429

0

20

40

60

80

100

Perc

en

tag

e


Wages paid

Fig 6.166 Wages paid in Cash/kind (Sample of 50 women workers)

Yes

No


wages in cash. Thus, there was no violation of Section-11(1) of the Act.53



Table 6.167

Wages Paid on Time


Yes 40 80

No 10 20

Total 50 100


80%

20%

Yes

No

430

Table and Figure 6.167 indicate that 80% respondents were getting wages

on time. Thus Section 5 of the Payment of wages Act54 was complied to the extent

of 80%.


Table 6.168


S. No. Any unauthorised deductions has been

made from the wages by the employer


1. Yes 50 100

2. No 0 0

Total 50 100

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Unauthorized deductions


Table and Figure 6.168 shows that 100% respondents said that

unauthorised deductions had been made by the contractors / subcontractors from

their wages. This was clear violation of section 7 of the Payment of Wages Act,

1936.55

431

(iii) Deductions

Table 6.169

Deductions

S. No. Deductions made by

employer


Yes No Yes No

1. Deduction for time 50 0 100 0

2. Deductions for absence from

duty

50 0 100 0

3. Deduction for damage or loss

of goods or money

50 0 100 0


accommodation

0 16 0 100


advances

50 0 100 0


loans

50 0 100 0


Provident Fund

- - - -

The above table shows that 100% respondents said that deductions for fine,

for absence from duty, damage for loss of goods or money, recovery of advances,

recovery of loans had been made by the employer. The employers had no

instituted the Provident Fund to respondents, so no deductions were made for

subscription to Provident Fund. Housing accommodation was provided to 16

respondents free of charge, so no deductions were made for house

accommodation.



Table 6.170



1. Yes 0 0

2. No 50 100

432

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No



In all the selected construction sites, there was discrimination in wages

with regards to sex of workers. Table and Figure 6.170 clearly show that Section 4

of the Act56 was not implemented in these construction sites.

8. The Workmen’s Compensation Act, 1923

(i) Compensation for Employment Injury

Table 6.171


S. No. Compensation for

employment injury


1. Yes 39 78

2. No 11 22


78%

22%

Yes

No

433

In the sample the 22% respondents said that no compensation was provided

by employer for employment injury, whereas 78% respondents said that in case of

minor accidents respondents generally bore the expenses and in major accidents

responsibilities fell on the employer. Thus Section 3 of the Act was implemented

to some extent.57

9. Maternity Benefit Act, 1961

(i) Coverage of Respondents for Maternity Benefit

Table 6.172

Coverage of Respondents for Maternity Benefit


maternity benefit


Yes No Yes No

1. Are you covered under the

Act for Maternity Benefit

40 0 100 0

Note: In case of remaining 10 women workers this provision is not applicable because they are widow

divorcee, or unmarried.

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Coverage of respondents for maternity

Fig 6.172 Coverage of respondents for maternity


Table and Figure 6.172 show that all the women employee were covered

under the Act for maternity because they fulfill the criteria laid down by the

Section 5(2) of the Act.58

434

(ii) Maternity Benefit

Table 6.173

Maternity Benefit

S. No. Maternity benefit provided to

women employee according to

law


1. Yes 0 0

2. No 40 100

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Maternity benefit

Fig 6.173 Maternity benefit (Sample of 40 women workers)

Table and Figure 6.173 show that no women employee received the

maternity benefit according to law.

(iii) Medical Bonus

Table 6.174

Medical Bonus

S. No. Medical bonus is provided by

employer


1. Yes 0 0

2. No 40 100

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Medical bonus provided by employer

Fig 6.174 Medical Bonus (Sample of 40 women workers)

435

Table and Figure 6.174 show that no women employee received medical

bonus from her employer. Thus there was clear violation of Section 8 of the Act.59

(iv) Leave

Table 6.175

Leave

S. No. Leave Respondents Percentage

Yes No Yes No

1. Leave for miscarriage etc.

and illness

0 40 0 100

2. Leave for tubectomy

operation

0 40 0 100

3. Leave for illness 0 40 0 100

0

20

40

60

80

100

Perc

en

tag

e

Leave for

miscarriage etc.

and illness

Leave for

tubectomy

operation

Leave for illness

Leave

Fig 6.175 Leave (Sample of 50 women workers)

Yes

No

Table and Figure 6.175 clearly show these leaves were not provided by the

employer to women employees. There was clear violation of Section 9, 9A and 10

of the Act.60

(v) Nursing Breaks

Table 6.176

Nursing Breaks

S. No. Nursing Breaks Respondents Percentage

1. Yes 40 100

2. No 0 0

436

0

10

20

30

40

50

60

70

80

90

100P

erc

en

tag

e

Yes No

Nursing breaks

Fig 6.176 Nursing breaks (Sample of 40 women workers)

Table and Figure 6.176 show that Section 11 of the Act61 was implemented

to the extent of 100%


(i) Licence

Table 6.177

Licence

Contractor has a licence to

recruit respondents

Field study

During the survey it was found that mostly

contractor had no licence to recruit

respondents

According to this Act no contractor can engage contract labour without


licence to recruit respondents. Thus, there was violation of Section 12 of the Act.62

11. The Inter-state Migrant Workmen (Regulation of Employment and

Conditions of service) Act, 1979

(i) Licence

Table 6.178

Licence


respondents

Field study

During the survey it was found that mostly

contractor has no licence to recruit

respondents

437

In the sample of women workers 25 women workers were migrant-

workers. These workers were recruited through the intermediaries; none of these

intermediaries also had any licence as is required by the Act. Thus, there was clear

violation of Section 8 of the Act.63

(ii) Displacement Allowance

Table 6.179

Displacement Allowance

S. No. Contractor paid the

displacement allowance to

respondents


1. Yes 0 0

2. No 25 100 Note: In the sample only 25 women workers were migrant workers.

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Displacement allowance paid by contractor

Fig 6.179 Displacement allowance


Table and Figure 6.179 show that no respondents had paid displacement

allowance, thus there was clear violation of Section 14 of the Act.64

(iii) Journey Allowance

Table 6.180

S. No. The contractor paid the

journey allowance to the

respondents


1. Yes 0 0

2. No 25 100

Table 6.180 indicates that no women worker had received journey

allowance, thus there was violation of Section 15 of the Act.65

438

12. Payment of Bonus Act, 1965


Table 6.181

Payment of Bonus

S. No. Bonus provided by the

employer to the employee

according to law


1. Yes 0 0

2. No 50 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No


Fig 6.181 Payment of bonus


In the selected construction sites, no arrangement for bonus had been made

by the employer to the women employee according to law. There was clear

violation of Section 8 of the Act.66 However on some occasions, respondents were

give some gifts, but it is only on the will of employer.

439



Table 6.182


S. No. Act Coverage under

the Act


2. The Contract Labour (Regulation and Abolition) Act,

1970

Yes

3. Inter-State Migrant Workmen (Regulation of

Employment and Condition of Service) Act, 1979

No

4. Employees’ State Insurance Act, 1948 Yes

5. The Employees’ Provident Funds and Miscellaneous

Provisions Act, 1952

Yes






11. The Maternity Benefit Act, 1961 Exempted

12. The Workmen’s Compensation Act, 1923 Exempted

During the survey it was found that in all the 20 sampled units (home based

units + big units) of the footwear industry, more than twenty workers were

working and mostly workers were recruited by contractor. Thus these units are

covered by the Factories Act, 1948, the Contract Labour (Regulation and

Abolition) Act, 1970, Employees’ State Insurance Act, 1948, The Employees’

Provident Funds and Miscellaneous Provisions Act, 1952, The Payment of

Gratuity Act, 1972, The Minimum Wages Act, 1948, The Payment of Wages Act

1936, The Equal Remuneration Act, 1976 and The Payment of Bonus Act, 1965..

In these units no migrant workmen was found, so these units were not covered by

Inter-State Migrant Workmen (Regulation of Employment and Condition of

Service) Act, 1979.

The establishment covered under the ESI Act is exempt from the

provisions of Maternity Benefit Act, 1961 and Workmen’s Compensation Act,

1923. Section 53 and 61 specifically provide that when a person is entitled to any

of the benefits provided by the Act, then he/she shall not be entitled to recover any

440

similar benefits admissible under the provisions of any other enactment. The

women workers are entitled to receive benefits under the ESI Act in these units, so

these units are exempted from the provision of the Maternity Benefit Act, 1961

and the Workmen Compensation Act, 1923.



Table 6.183


S.

No.


selected units

of footwear

industry

Available in

selected units

of footwear

industry

Percentage

1. Washing 20 5 25

2. Storing and drying

clothing

20 5 25

3. Sitting 20 5 25

4. First aid appliances 20 5 25

5. Ambulance room Not applicable - -


7. Lunch room 2 0 0

8. Rest room 2 0 0

9. Shelter 2 0 0

10. Creche 4 1 5

11. Welfare Officer Not applicable 0 0


The above table indicates that provision of ambulance room, canteen and

welfare officers are not applicable in selected units, because there number of

workers was below 250. Provisions of lunch room, rest room, shelter are

applicable where number of workers was 150. These provisions are applicable in 2

units but there were violations of these provisions. Creche facility is applicable in

those units where women workers are 30, thus this provision is applicable in 4

441

units, but only 1 unit had provided this facility. Beside this, first aid appliances,

washing, storing and drying clothing, and sitting facilities were available only in

25% of the units covered under the study.

(ii) Arrangements for Health Measures

Table 6.184

Arrangement for Health Measures68

S. No. Name of the facility Arrangements

made in sample

units of footwear

industry

Percentage




4. Dust and fume None 0

5. Lighting 5 25


7. Latrines and urinals 2 10

8. Spittoons 0 0


During the survey it was found that no arrangements made by the employer

for cleanliness, disposal of wastes and effluents, ventilation and temperature, and

spittoons. Only 25% units made the arrangements for lighting and in majority of

units lighting arrangements were inadequate. 40% units had drinking water

facilities and only 10% units had latrine and urinals facilities.


Table 6.185

Protection for Eyes

S. No. Name of facility Respondents Percentage

Yes No Yes No

1. Suitable goggles 0 50 0 100 Source: Field study.

442

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Name of facility



to respondents by the employer.

(iv) Working Hours Per Day

Table 6.186



1. 8 hrs 13 26

2. 9 hrs 11 22

3. 10 hrs 15 30

4. Upto 12 hrs 11 22

5. Upto 14 hrs 0 0

6. Upto 16 hrs 0 0


0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


hrs

Upto 14

hrs

Upto 16

hrs

Hours per day



443

The analysis of the above table and figure show that 52% of the

respondents worked for more than 9 hours a day. So in 52% of the cases there was

violation of Section 54 of the Act70 and this particular provision of law was found

to be complied with to the extent of 48%.


Table 6.187

Distribution of the Workers by Per Week Working Hours

S. No. Hours per week No. of

Respondents

Percentage

1. 48 hrs 13 26

2. 54 hrs 11 22

3. 60 hrs 15 30

4. Upto 66 hrs 6 12

5. Upto 72 hrs 5 10

6. Above 72 hrs 0 0

Total 50 100


0

5

10

15

20

25

30

35

40

45

50

Perc

en

tag

e


hrs

Upto 72

hrs

Above 72

hrs

Hours per week

Fig 6.187 Distribution of the workers by per week working hours


444

Table and Figure 6.187 show that in 22% of the cases there was a violation

of even of the highest prescribed limit of maximum 60 hrs per week and in 74% of

the cases there was the violation of normal limits, 48 hrs per week.

(vi) Payment Rate for Overtime Work

Table 6.188

Percentage wise Distribution of the Workers Per OT Rate

S. No. Overtime rate No. of

Respondents

Percentage



3. Double rate 0 0

Total 25 100 Note: In case of remaining 25 women workers this provision is not applicable because they are piece

rated workers.

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


Overtime rate

Fig 6.188 Percentage wise distribution of the workers per OT rate


Above table and figure show that 25 women workers are time rated

workers and do overtime work. All these workers were being paid for the over

time on the single rate. Thus there was clear violation of Section 59 of the

Factories Act.71

(vii) Leaves

Table 6.189



Yes No Yes No



Note: In the sample 25 women workers were piece rates workers were not entitled to these leaves.

445

0

20

40

60

80

100

Perc

en

tag

e


Leave

Fig 6.189 Status showing leaves


According to Section 79 of the Act,72 a woman worker is allowed to 12-15

days of earned leave in a year depending upon the actual number of days worked

by him. As regards the casual leave the provision has been provided under the

Industrial Employment (Standing Orders) Act, 1946, under which the central rules

provide that a workmen may be granted casual leaves of absence with pay not

exceeding 5 days in aggregate. Such leave is intended to meet special

circumstances, which cannot be foreseen. In the sample 25 women workers were

piece rated workers. They were not entitled to these leaves. Other 25 women

worker were time rated workers who were entitled to these leave, in which only 8

women workers availed the benefit of this provision.



intervals varies from 30-45 minutes including 1-2 short intervals for tea.

(ix) Weekly Holiday

The Factories Act, 1948 provides under Section 52 for one day as the

holiday in the week. The study spell out that this provision was not strictly

adhered to in sampled 15 home based units and 2 big units. Only in 3 big units,

employers had given weekly holiday to their employees.

446


(i) Contributions

Table 6.190

Contributions

S. No. Contributions Respondents Percentage

Yes No Yes No

1. Contribution paid by employees


wages

0 50 0 100

2. Contribution paid by employer

at the rate of 4.75 of the wages

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e


employees at the rate of

1.75% of their wages


employer at the rate of

4.75% the wages

Contributions


No

Yes


paid by the employer and employee. Table and Figure 6.190 show that no

contribution paid by the employer and employee. There was clear violation of

Section 39 of the Act.

(ii) Women Employee’s Insurance

Table 6.191


S. No. Women employee’s Insurance Respondents Percentage

Yes No Yes No

1. Are women employee’s insured

under ESI Act, 1948

0 50 0 100

447

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Women emplyee's insurance

Fig 6.191 Women employee’s Insurance


Section 38 of the ESI Act mandates that all the employees in factories or

establishments shall be insured. Table and Figure 6.191 show that no women

employee was insured under the Act. The reason was that no contributions were

paid under the Act in respect of respondents.

(iii) Compensation for Employment Injury

Table 6.192


S. No. Compensation for

employment injury


1. Yes 0 0

2. No 50 100 Source: Field Study.

0

20

40

60

80

100

Perc

en

tag

e

Yes No


Fig 6.192 Compensation for employment injury (Sample of 50 women

workers)

448

In case of employment injury, no compensation was given to respondents,

because the respondents were not insured under the Act.

(iv) Benefits

Table 6.193

Benefits

S. No. Benefits Respondents Percentage

Yes No Yes No

1. Sickness Benefit 0 50 0 100

2. Maternity Benefit 0 38 0 100

3. Medical Benefit 0 50 0 100

4. Disablement benefit 0 50 0 100

Note: In case of remaining 7 women workers, provision of maternity benefits is not applicable because

they are unmarried, widow or divorcee.

0

20

40

60

80

100

Perc

en

tag

e

Sickness

Benefit

Maternity

Benefit

Medical

Benefit

Disablement

benefit

Benefits

Fig 6.193 Benefits (Sample of 50 women workers)

Yes

No

Section 46 of the ESI Act provided benefits for the insured persons. Table

and Figure 6.193 show that sickness benefit, maternity benefit, medical benefit

and disablement benefit were not provided to any respondents, because no women

employee was insured under the ESI Act.

449


(i) Institution of Provident Fund, Pension Fund and Deposit-linked

Insurance Fund

Table 6.194

Institution of Provident Fund, Pension Fund and Deposit-linked Insurance

Fund

S. No. Institution of Provident Fund, Pension

Fund, Deposit-linked Insurance Fund


Yes No

Did the Employer instituted the

following fund according to Employee

Provident Fund and Miscellaneous

Provisions Act, 1952

1. Provident Fund 0 50 100

2. Pension Fund 0 50 100

3. Deposit-linked Insurance Fund 0 50 100

0

20

40

60

80

100

Per

cen

tag

e

P ro vident Fund P ens io n Fund Depo s it-Linked

Ins urance Fund


Deposit-Linked Insurance Fund

Fig 6.194 Institution of Provident Fund, Pension Fund and Deposit-


Yes

No

Table and Figure 6.194 show that employers did not instituted the

Provident Fund, Pension Fund and Deposit-linked Insurance Fund to the women

employees in the selected units of footwear industry.

450



Table 6.195


Pension Fund

S. No. Contribution paid by the employer

and employee towards Provident


No. of

Respondents

Percentage

Yes No Yes No

1. Equal contribution of 10% of basic

pay

0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Contribution paid by the employer and employee


provident fund and pension fund (Sample of 50 women workers)

In selected units of footwear industry, it was found that no contributions

were paid both by the employer and women employee towards Provident Fund

and Pension Fund.


Fund

Table 6.196


S. No. Contribution paid by the employer

towards Deposit linked Insurance

Fund


Yes No Yes No

1. Employer paying contribution 0.5%

of the wages, D.A. etc.

0 50 0 100

451

0

20

40

60

80

100

Perc

en

tag

e

Yes No


deposit-linked insurance fund

Fig 6.196 Contribution paid by the employer towards deposit-linked

insurance fund (Sample of 50 women workers)

Table and Figure 6.196 show that no employers paid contribution towards

Deposit-linked Insurance Fund for the women employee.


Table 6.197


S. No. Allotment of account number No. of Responses Percentage

Yes No Yes No


employer for becoming a member

of the Provident Fund/ Pension

Fund

0 50 0 50

0

20

40

60

80

100

Perc

en

tag

e

Yes No

Allotment of account number

Fig 6.197 Allotment of account number


452

Table and Figure 6.197 show that account number was not allotted to all

the respondents for becoming a member of Provident Fund / Pension Fund. Thus,

it can be said that Provident Fund Act cannot hold good unless the workers of this

industry are registered and given some employment card etc.



Table 6.198



gratuity


Yes No Yes No

1. Are you entitled to receive Gratuity 4 46 8 92



8%

92%

Yes

No


receive gratuity, because they had rendered continuous service of 5 years as



Table 6.199

Award of Gratuity


Yes No Yes No

1. Is gratuity rewarded by employer

for long and meritorious service

0 4 0 100

Note: In case of remaining 46 women employee this provision is not applicable, because they did not


453

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e

Yes No

Award of gratuity


Table and Figure 6.199 show that gratuity was not rewarded by employer

for long and meritorious service to women employee, inspite of their eligibility to

receive gratuity.



Table 6.200

Category-wise Actual Payment

S.

No.

Category Notified

minimum

wages

(NMW)


getting

NMW

Percentage

1. Unskilled 3162.80 33 0 66

2. Semi-skilled 3605.83 17 0 34

3. Skilled 4002.00 0 0 0

0

10

20

30

40

50

60

70

80

90

100

Perc

en

tag

e


Category

Fig 6.200 Category wise actual payment (Sample of 50 women workers)

454


workers of certain establishments. It is very unfortunate that all the respondents in

selected units of footwear industry were paid less than notified minimum wages.


Table 6.201



Yes No Yes No


2. Wage paid in kind 0 50 0 100

0

20

40

60

80

100

Perc

en

tag

e

Wages paid in cash Wage paid in kind

Wages paid

Fig 6.201 Wages paid (Sample of 50 women workers)

Yes

No


wages in cash. Thus, there was no violation of Section 11 (1) of the Act.



Table 6.202

Wages Paid on Time


Yes 15 30

No 35 70

Total 50 100

455

Fig 6.202 Wages paid on time


30%

70%

Yes

No

Above table and figure show that 70% respondents were not getting wages

on time. Section 5 of the Payment of Wages Act, 1936,75 was complied to the

extent of 30%.


Table 6.203


Any unauthorised deduction has been made

from the wages by the employer


Yes 30 60

No 20 40

Total 50 100

Fig 6.203 Unauthorized deductions


60%

40%

Yes

No

Table and Figure 6.203 show that 60% respondents said that unauthorised

deductions had been made by the employer from their wages. 40% respondents

said that no unauthorised deductions had been made by the employer from their

456

wages. Section 7 of the Act76 was found to be complied with only to the extent of

40%.

(iii) Deductions

Table 6.204

Deductions

S. No. Deductions made by employer Respondents Percentage

Yes No Yes No


2. Deduction for absence from duty 25 0 100 0


goods or money

50 0 100 0


accommodation

- - - -

5. Deduction for recovery of advances 50 - 100 0

6. Deduction for recovery of loans 50 - 100 0

7. Deductions for subscription to

Provident Fund.

- - - -

The above table shows that 100% respondents said that deduction for fine,

damage or loss of goods or money, recovery of advances and recovery of loan had

been made by the employers. The employers had no instituted the Provident Fund

to respondents, so no deduction was made for subscription to Provident Fund. The

employers had not provided housing facilities to respondents, thus deduction was

not made for house accommodation.

Deduction for absence from duty is applicable to time rates workers. In the

sample 25 respondents were time rates workers, they said that deduction for

absence from duty was made by the employers.



Table 6.205



1. Yes 39 78

2. No 11 22

457


78%

22%

Yes

No

In the sample, 78% respondents said that there was discrimination in wages

with regards to sex of workers, while 22% respondents said that there was no

discrimination in wages with regards to sex of workers. Thus section 4 of the Act77

was found to be complied with only to the extent of 22%, in 78% case there was

clear violation of this provision.


(i) Licence

Table 6.206

Licence


respondents

Field study


mostly contractor had no licence to

recruit respondents

According to the Act no contractor can engage contract labour without


licence to recruit respondents. Thus, there was violation of Section 12 of the Act.78


(ij) Payment of Bonus

Table 6.207

Payment of Bonus

Bonus provided by the employer to the

employee according to law


Yes 8 16

No 42 84

Total 50 100

458


16%

84%

Yes

No

Table and Figure 6.207 show that only 16% employees had received bonus

from the employer and 84% employee had not received any bonus. Thus, Section

8 of the Act79 was complied with only to the extent of 16%.

From the foregoing discussion it is clear that the working and living

conditions of majority of women workers in home based units of lock industry,

brick industry, construction industry and footwear industry are not satisfactory and

they do not receive the benefits provided under different labour legislations. In

hicks thermometers industry, the condition of women worker is quite better than

other industries and they received most of the benefits provided under different

labour legislations.

In home based units of Aligarh lock industry, majority of women workers

in the age group of 18-25 years were married, Muslims and had acquired

education upto high school. Most of the women workers belonged to backward

caste and had low economic status and large families. Women workers mostly

worked on piece rate basis and their earning level was below 2000 Rs. per month

and they performed the job of unskilled category.

Almost all the labour legislations like the Factories Act, 1948, the Contract

Labour (Regulation and Abolition) Act, 1970, Employees’ State Insurance Act,

1948, The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952,

The Payment of Gratuity Act, 1972, The Minimum Wages Act, 1948, The

Payment of Wages Act, 1936, The Equal Remuneration Act, 1976 and The

Payment of Bonus Act were applicable in home based units of Aligarh lock

industry. Yet the women workers engaged in this industry were not getting

459

benefits under these Acts. The provisions of Factories Act, 1948 were not properly

implemented in these units. No arrangements made by the employer for

cleanliness, disposal of wastes and effluents, ventilation and temperature, dust and

fume, lighting, latrines and urinals and spittoons. As far as the facilities for

drinking water, washing, sitting, first aid box and storing and drying clothing are

concerned, drinking water, washing and sitting facilities were provided only to the

extent of 10% but there were no facilities for first aid appliances, and storing and

drying clothing. Mostly women workers worked for more than 9 hours a day and

48 hours per week. They were not paid wages for over time. No women

employees were insured under the Employees’ State Insurance Act, 1948 to get

the benefits of this Act. The employer did not institute the Provident Fund,

Pension Fund and Deposit-linked Insurance Fund under Employees’ Provident

Funds and Miscellaneous Provisions Act, 1952 to women employees. Majority of

the women workers were not paid the minimum wages according to Minimum

Wages Act, 1948 and bonus according to Payment of Bonus Act 1965. As far as

the provisions of Payment of Wages Act, 1936 is concerned, 60% respondents said

that they were not getting wages on time and 70% respondents said that

unauthorised deductions were made by the employer from their wages. The

provisions of Equal Remuneration Act, 1976 were not properly implemented in

these units. 76% respondents said that they were not getting equal wages for equal

work. The study reveals that mostly contractor had no licence to recruit

respondents under the Contract Labour (Regulation and Abolition) Act, 1970.

Thus, women workers in home based units of Aligarh lock industry were deprived

of various benefits of labour legislations.

In brick kilns industry of Aligarh, majority of women workers were young,

illiterate, Hindu and married women. Most of them belonged to Scheduled Caste

and had low economic status. 60% respondents had large families. Almost all the

women employees worked on piece rate basis and performing the job of semi-

skilled category. Mostly women employees earned between the 3500 to 5000 per

month.

Almost all the labour legislations are applicable in brick kilns industry

except Employees’ State Insurance Act, 1948, but most of the labour laws were

460

observed to be ineffective because they were not being thoroughly complied with

by the employers. No arrangements were made by the employer for cleanliness,

disposal of wastes and effluents, ventilation and temperature, dust and fume,

latrines and urinals and spittoons. As far as the facilities for lighting, drinking

water, washing, storing and drying clothing, sitting and first aid appliances are

concerned, 10% units had washing facilities, 40% units had sitting facilities, 50%

units had drinking water facilities and 20% units had lighting facilities but no units

had first aid appliances and storing and drying clothing facilities. There were no

lunch room, rest room, shelter and crèche facility. 90% of the respondents were

working more than 9 hours a day and all the respondents worked more than 48

hours per week. The employer did not institute the Provident Fund, Pension Fund,

and Deposit-linked Insurance Fund to the respondents. 10% respondents were

eligible to receive gratuity, but gratuity was not rewarded by employer. The wages

were not paid to respondents on time and unauthorised deductions had been made

by the employer from their wages. No compensation was given to respondents in

case of employment injury. Maternity benefit and medical bonus was not provided

by the employer to the respondents. No bonus was given by employer. Contractor

had no licence to recruit respondents. Displacement allowance and journey

allowance were not given by employer to migrant women workers. Only two

legislations were properly implemented in these bricks kilns industry, these are the

Minimum Wages Act, 1948 and Equal Remuneration Act, 1976. The wages

earned by the women workers in sampled brick kilns were much higher than the

minimum wages fixed under the Act and there was no discrimination in wages

with regards to sex of workers. Thus, it can be said that while some of the labour

legislations are not properly implemented in brick kilns industry, a few of them

cannot be effectively implemented unless some changes are introduced in them

keeping in view the peculiar circumstances of the workers of this industry.

In hicks thermometers industry of Aligarh, majority of women workers

were Hindu, married and belonged to higher caste, 76% of the women workers

were in the age group of 26 to 40 years. No woman worker was illiterate. All the

respondents had low economic status and 86% respondents had medium size

family. Almost all women workers worked on time rate basis and performed the

461

job of unskilled, semi-skilled and skilled category. Majority of women employees

earned between 1000 to 3500 Rs. per month.

Various labour legislations are applicable to hicks thermometers industry

except Contract Labour (Regulation and Abolition) Act, 1970 and Inter-State

Migrant Workmen (Regulation of Employment and Condition of Service) Act,

1979. The reason is that no contract worker and migrant workmen were found in

this industry. This industry is exempted from Maternity Benefit Act, 1961 and The

Workmen Compensation Act, 1923, because this establishment is covered by

Employees’ State Insurance Act, 1948.

The conditions of women workers were quite better than other industries

and they were receiving various benefits provided under different labour

legislations. Arrangement for cleanliness, disposal of wastes and effluents,

ventilation and temperature, dust and fume, lighting, latrine and urinals and

drinking water were made by the employer except spittoons. Washing, sitting, first

aid appliances and crèche facilities were provided in this industry except the

facility of storing and drying clothing. All the respondents were working 8 hours

per day and 48 hours per week. The provision with respect to casual leave and

earned leaved were being implemented to the extent of 80%. If any women do

overtime work, she was paid at single rate, thus there was violation of this

provision.

All the women workers were insured under the Employees’ State Insurance

Act, 1948 and were getting the benefits of this Act. Employer had instituted the

Provident Fund and Pension Fund except the Deposit- linked Insurance Fund to

the respondents. 60% women employees were entitled to receive gratuity and

gratuity was rewarded by employer for long and meritorious service. Wages were

paid on time and 90% women said that no unauthorised deductions was made by

the employer from their wages. There was no discrimination in wages with regards

to sex of workers.

It is very unfortunate that Minimum Wages Act, 1948 and Payment of

Bonus Act, 1965 are not implemented in this industry. All the respondents in this

industry were paid less than notified minimum wages, No arrangement for bonus

had been made by the employer to the women employee according to law. Thus,

462

in this industry almost all the legislations were properly implemented except

Minimum Wages Act, 1948 and Payment of Bonus Act, 1965.

In Construction sites of Agra, majority of women workers were Hindu,

married and in the age-group of 18 to 40 years. 32% women were illiterate, 46%

had studied upto primary level and 22% had studied upto Jr. High School. They

belonged to Scheduled Caste, Backward Caste, Higher Caste and Scheduled Tribe.

52% women had large families and 48% had small families. 76% women had low

economic status. Almost all the women employees worked on time rate basis and

performed the job of unskilled category. Mostly women employees were earning

between 1000 to 3000 Rs. per month.

The Building and Other Construction Workers (Regulation of Employment

and Condition of Service) Act, 1996 is a special legislation, which apply to these

construction sites in Agra, which is selected by the researcher. Beside this, all the

labour legislations are applicable to the construction sites except Employees’ State

Insurance Act, 1948 and the Factories Act, 1948. Despite the fact that many labour

legislations have been made applicable to these construction sites, the working

conditions of women workers engaged in these construction sites were highly

unsatisfactory and the welfare amenities actually available to them are just

negligible. Creches facility was not provided by employer to respondents. First aid

appliances were provided in 80% construction sites and 33.3% construction site

had canteen facility. 40% construction site had latrine and urinals facilities.

Arrangement for drinking water and lighting had been made by the employer in

these construction sites. 68% respondents said that no accommodation provided by

employer for them. If any respondent does overtime, he/she was paid for overtime

at single rate. No payment was given to them for weekly holidays.

Employer had not instituted the Provident Fund, Pension Fund and

Deposit-linked Insurance Fund to women employee. 14% employee were entitled

to receive gratuity, but gratuity was not rewarded by employer. All the

respondents in construction sites were paid less than notified minimum wages.

Mostly women got the wages on time, but unauthorised deductions had been made

by the contractor / subcontractor from their wages. There was discrimination in the

amount of wages relating to sex of workers. 78% respondents said that in case of

463

minor accidents respondents generally bear the expenses and in major accidents

responsibilities fall on the employer. Maternity Benefit, medical bonus and leave

were not provided by employer to the respondents. No bonus was given by

employer. Contractor was not having licence to recruit respondents. Displacement

allowance and journey allowance were not given by employer to migrant women

workers. It was observed that only some provisions of Building and Other

Construction Workers (Regulation of Employment and Condition of Service) Act,

1996, Payment of Wages Act 1936 and Workmen Compensation Act 1923 were

implemented in these construction sites, while other labour legislations had been

violated in these construction sites.

In footwear industry of Agra majority of women workers were married and

in the age-group of 18 to 40 years. 60% women were Hindu and 40% were

Muslim. They belonged to Scheduled Caste, Scheduled Tribe, Backward Caste

and Higher Caste. No woman worker had acquired education above High School.

70% women workers had large family and 26% had medium family. 82% women

had low economic status. 50% women employee worked on time rate basis and

other 50% worked on piece rate basis. They were performing the job of unskilled

and semi-skilled category. Most of the women employees earned between 1000 to

3000 Rs. per month.

Almost all the labour legislations are applicable to footwear industry except

Inter-State Migrant Workmen (Regulation of Employment and Condition of

Service) Act, 1979. The reason is that no migrant workmen were found in this

industry. The industry is exempted from Maternity Benefit Act 1961, and The

Workmen Compensation Act, 1923, because this establishment is covered by

Employees’ State Insurance Act, 1948. Though various protective measures were

provided by the employers for the women workers, but ground realities are that

these measures are not according to requirements as provided under various labour

legislations.

The provisions of Factories Act, 1948 were not properly implemented in

these units. No arrangements made by the employer for cleanliness, disposal of

wastes and effluents, ventilation and temperature, dust and fume and spittoons. As

far as the facilities for drinking water, lighting, latrine and urinals, washing,

464

storing and drying clothing, sitting and first aid appliances are concerned, 25%

units had lighting, washing, storing and drying clothing, first aid appliances and

sitting facilities, 40% units had drinking water facility and only 10% units had

latrine and urinals facilities. There were no lunch room, rest room and shelter, but

crèche facility was available in 25% units. 52% respondents worked more than 9

hours a day and 74% respondents worked more than 48 hours per week. They

were not paid wages on overtime rate. No women employees were insured under

the Employees’ State Insurance Act, 1948 to get the benefits of this Act. The

employer had not instituted the Provident Fund, Pension Fund and Deposit-linked

Insurance Fund to the respondents. No compensation was given to respondents in

case of employment injury. 8% women employees were entitled to receive

gratuity, but gratuity was not rewarded by employer. All the respondents in

selected units of footwear industry were paid less than notified minimum wages.

70% respondents were not getting wages on time. 60% respondents said that

unauthorised deductions had been made by the employer from their wages.

Majority of the respondents said that there was discrimination in wages with

regards to sex of workers. Contractor had no licence to recruit respondents. 84%

respondents said that bonus was not given by the employers to them. Thus, it was

observed that women employees in selected units of footwear industry were

deprived of various benefits of labour legislations.

The questions arise if labour legislations provide an effective protection to

women workers in terms of working and service conditions, then why these

legislations are not being effective in selected industries of Aligarh and Agra. It

seems that the main reason for ineffective of labour legislation is the non-

implementation of concerned labour legislations.

In Aligarh and Agra, it was found by the researcher that there are many

problems and obstacles in effective implementation of various provisions of labour

legislations. These problems and obstacles are as follows:

(1) Lack of awareness amongst women workers about their trade unions and

about their rights under the labour laws.

(2) Ineffective institutions

465

(3) Improper attention of the government towards the development of the

responsible institutions.

(4) The inspectors appointed under different labour laws are not well qualified

for the job for which they have been appointed.

(5) Paucity of hands of the implementation machinery.

(6) The prosecutions launched in the courts cause delay in awarding penalties

for the non-implementation of laws.

(7) The penalties generally imposed by the courts of law are must less.

(8) The workers engaged in these industries at their own wish also quite

frequently keep on changing the industrial units, whenever they find even

the marginal increase in the piece rate remuneration being offered to them.

This habit also creates obstacle in the implementation of legislations.

(9) The procedures to be followed for implementing the various provisions of

labour legislations, instead of being facilitative is quite cumbersome,

complicated, lengthy and hence resulting in ineffective implementation and

ultimately failing in providing security to a substantial number of workers.

(10) Many a times the employers maintain two kinds of records, and the records

or registers shown to the inspectors at the time of inspection are different

from the actual records, which creates problems in the implementation of

the law.

(11) Many of the establishments are run without registration under the Factories

Act, 1948.

(12) It was observed that most of the trade unions treat their members as a

source of income and whenever the workers approach them the union

leaders try to get their share first.

(13) Most of the provisions have today become obsolete and there is a need to

change them as per the need of the day.

(14) Officials of the labour department generally suggest the employers the

ways and means to escape the labour laws.

(15) The compliance of law proves to be costlier than its violation.

In Aligarh and Agra Researcher has observed above problems and

obstacles in effective implementation of various provisions of labour legislation.

466

For this disease, Researcher has suggested the steps which may be taken for

making the labour legislations effective and result oriented which are as follows.

(1) Agencies posted for the implementation of laws need to be strengthened

and given teeth. It is, proposed that adequate number of posts be created in

the Department, so that implementation may be done effectively. Secondly,

the updating of labour laws especially the penal clauses should be done by

enhancing the penalties and making them stringent. The inspecting staff

under all labour laws should be made accountable. The judicial virus are

very much there in the process of adjudication. There is need to reconsider

the qualifications of the Presiding Officer of Labour Course and Tribunals.

The adjudicator authorities should dispose of the concerned cases

expeditiously. There should be frequent inspections of different factories

and establishments to check violation of labour laws. Fair representation

should be given to the ladies in the enforcement staff of the labour laws.

(2) To make labour legislations result oriented, infrastructural facilities need to

be provided and strengthened.

(3) Employees in general and women employees in particular should be

organised and endeavour to get their demands fulfilled. While pursuing

their demands the trade unions should behave in an orderly manner.

(4) It seems that there is a shift of the Government policy today towards lesser

inspection in such circumstances the officials of labour department may

assume the role of worker educators so that even in the absence of

inspection, the workers may ask for their rights.

(5) At the level of three wings of the Government i.e., Legislature, Executive

and Judiciary there should be coordinate cooperation in the efforts made for

the proper implementation of labour legislations.

The Legislature should remove all the defects in the provision of the labour

laws pertaining to women workers.

The Executive should streamline its activities and implement and enforce

the provisions concerning women workers. For that matter competent and trained

personnel including lady inspectors should be engaged.

467

Judiciary should also fulfill its obligations with respect to labourers fully.

By acting as watch dog, it should be an endeavour on the part of judiciary to

interpret the labour provisions for the welfare and benefit of women workers. It

should expeditiously dispose of cases. For pursuing their cases before the courts,

free legal aid should be provided to women workers. The courts should also

encourage public interest litigation with respect to women workers.

468

REFERENCES

1. Source – K.K. Varshney, Senior Assistant Manager, Office of General

Manager, District Industry Centre, Industrial Estate, Aligarh.

2. P.K. Gupta, General Manager, Office of General Manager, Industrial

Estate, Aligarh.

3. Siddharth Gupta, Jt. Managing Director, Hicks Thermometers (India) Ltd.

4. Umesh Yadav, Labour Enforcement Officer, Office of Deputy Labour

Commissioner, Aligarh.

5. Jai SinghYadav, Assistant Director, Office of Assistant Director of Factory

and Desraj Gautam, General Manager, Office of General Manager, DIC,

Agra.

6. Information is collected from Office of Deputy Labour Commissioner,

Agra.

7. K.K. Varshney, Senior Assistant Manager, Office of General Manager,

District Industry Centre, Industrial Estate, Aligarh.

8. Jr. Managing Director, Hicks Thermometers (India) Ltd., Aligarh.

9. President, Footwear Industry Manufacturing Association, Agra.

10. Section 42 to 50 of the Factories Act, 1948.


12. Section 35 of the Factories Act provides taking necessary precautions and

providing screens or goggles for protection of eyes.

13. Section 54 of the Factories Act, 1948 provides that no adult worker shall be

required or allowed to work in a factory for more than 9 hours in any day.

14. Section 79 of the Factories Act.


16. S-11 to 20 of the Factories Act, 1948.

17. Supra note 12.

18. Section 59 of the Factories Act provides that where a worker works in a

factory for more than nine hours in any day or for more than forty eight

hours in any week, he shall, in respect of overtime work, be entitled to

wages at the rate of twice his ordinary rate of wages.

469

19. Supra note 14.

20. Section 55 provides that every worker is to be allowed at least half an hour

rest interval after a maximum working of 5 hours at a stretch..

21. Section 52 provides for one day as the holiday in the week.

22. Section 4 of Payment of Gratuity Act, 1972 provides that Gratuity shall be

payable to an employee on the termination of his employment after he has

rendered continuous service for not less than five years.

23. Section 11(1) of the Minimum Wages Act, 1948 provides that minimum

wages payable under this Act shall be paid in cash.

24. Section 5 of the Payment of Wages Act provides that every employer

should make timely payment of wages.

25. Section 7 of the Payment of Wages Act, 1936 provides that the employer

should not make any unauthorised deductions from wages other than which

is permissible under the Act. Under this section deductions for fine,

absence from duty, damage or loss of goods or money, house

accommodation, recovery of Advances, recovery of loans, subscription to

Provident Fund has been made by the employer.

26. Section 4 of the Equal Remuneration Act, 1976 provides that the employer

should pay equal wages to men and women employers of his establishment,

for performing same work or work of similar nature.

27. Section 3 of the Act provides that if personal injury is caused to a workmen

by accident arising out of and in the course of his employment, his

employer shall be liable to pay compensation in accordance with the

provision of this Act.

28. Section 5(2) of the Maternity Act, 1961 provides that every woman

employee, whether employed directly or through a contractor, who has

actually worked in the establishment for a period of at least 80 days during

the 12 months immediately preceding the date of her expected delivery is

entitled to maternity benefit.

29. Section 8 of the Act provided that every women entitled to maternity

benefit under this Act shall also be entitled to receive from her employer a

470

medical bonus, if no pre-natal confinement and post natal care is provided

for by the employer free of charge.

30. Section 9, 9A and 10 of Maternity Benefit Act, 1961 provides leave for

miscarriage etc, Leave for Tubectomy Operation and Leave for illness.

31. Section 11 provides that every women who returns to duty after delivery of

child, shall in addition to the interval of rest allowed to her, be allowed in

the course of her daily work, two breaks of 15 minutes duration each for

nursing the child until the child attains the age of 15 months.

32. Section 12 of the Contract Labour Act, 1970 provides that no contractor,

shall undertake or execute any work through contract labour except under

and in accordance with a licence issued in that behalf by the Licensing

Officer.

33. Section 14 of the Inter-State Migrant Workmen Act, 1979 provides that the

contractor shall pay to every inter-state migrant workman at the time of

recruitment, a displacement allowance equal to 50% of the monthly wages

payable to him or Rs. 75/- whichever is higher.

34. Section 15 of the Act provides that the contractor shall pay to every inter-

state migrant workman a journey allowance of a sum not less than the fare

from the place of residence of the workmen in his state to the place of work

in the other state, both for the outward and return journeys, and such

workman shall be entitled to payment of wages during the period of such

journey as if he were on duty.



37. Supra note 12.

38. Supra note 13.

39. Section 51 of the Factories Act, 1948 provides for maximum 48 hours a

week for a worker may be required or allowed to work in a factory

(excluding the overtime in which case the working hours may be extended

upto maxmum of 60 hours with the prior permission of the chief inspector

in exceptional cases).

471

40. Supra notes 18.

41. Supra note 14.

42. Supra note 20.

43. Supra note 21.

44. Supra note 22.

45. Supra note 23.

46. Supra note 24.

47. Supra note 25.

48. Supra note 26.

49. Section 8 of the Payment of Bonus Act 1965 provides that every employee

is entitled to some bonus to be paid by his employer, provided the worker

has worked in the establishment for more than thirty working days in a

year.

50. Section 32 of the Building and Other Construction workers Act, 1996

provides that the employer shall make in every place where building or

other construction work is in progress, effective arrangements to provide

and maintain at suitable points conveniently situated for all persons

employed therein, a sufficient supply of wholesome drinking water.

51. Section 33 of the Act Provides that in every place where building or other

construction work is carried on the employer shall provide sufficient latrine

and urinal accommodation of such types may be prescribed and they shall

be so conveniently situated as may be accessible to the building workers at

all times while they are in such place.

52. Supra note 22.

53. Supra note 23.

54. Supra note 54.

55. Supra note 25.

56. Supra note 26.

57. Supra note 27.

58. Supra note 28.

59. Supra note 29.

472

60. Supra note 30.

61. Supra note 31.

62. Supra note 32.

63. Section 8 of the Act lay down that no contractor shall recruit any person

unless he has a license to do so.

64. Supra note 33.

65. Supra note 34.

66. Supra note 49.



69. Supra note 12.

70. Supra note 13.

71. Supra note 18.

72. Supra note 14.

73. Supra note 10.

74. Supra note 22.

75. Supra note 24.

76. Supra notes 25.

77. Supra note 26.

78. Supra note 32.

79. Supra note 49.

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