RECENT AMMENDMENT IN LABOUR LAWS AFTER 2001

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RECENT AMENDMENTS INRECENT AMENDMENTS IN

LABOUR LAWS AFTER 2001LABOUR LAWS AFTER 2001

Prepared by:SM.Aafaque Karim MBA/4522/09

Rachit Shukla MBA/4533/09Anil Choudhary MBA/4516/09


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"In the animal kingdom, the rule is, eat or be eaten;in the human kingdom, define or be defined."

Thomas Szasz


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CONTENTSCONTENTS

Industrial Disputes Act 1947

Factories Act 1948

Minimum Wages Act 1948

Trade Union Act 1926

Payment of Wages Act 1936

EPF and Miscellaneous Provisions Act 1952


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y Under the Constitution of India, Labour is a subject in the

concurrent list where both the Central and State Governments

are competent to enact legislations.

y As a result , a large number of labour laws have been enacted

like occupational health, safety, employment, training of

apprentices, fixation, review and revision of minimum wages,

mode of payment of wages, payment of compensation toworkmen who suffer injuries as a result of accidents or

causing death or disablement.

y Bonded labour, contract labour, women labour and child

labour, resolution and adjudication of industrial disputes,

provident fund, employees state insurance, gratuity, paymentof bonus, regulating the working conditions of categories of

workmen such, beedi workers etc.


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Industrial Disputes Act, 1947And its Amendments


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y Labour Court Labour Court/Industrial Tribunal can Modify

the punishment of dismissal or discharge of workmen and give

appropriate relief including reinstatement. Sec.11A

Some recent Amendments in ID Act:

Conciliation officer cant assume the powers of court.

Riyan International School Karmachari Sangh through its

President, Sector-V Noida, Gautam Budh Nagar vs. State ofU.P. and Others. 2008 LLR 1261 (Allahabad H.C.)


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Once procedure prescribed for Industrial dispute is

followed, Government has jurisdiction to make reference.

Hindustan Machine Tools Ltd. v. Government of A.P. & Ors.LLN(4) 2008 P. 197 (Andhra Pradesh H.C.)

When workman is not able to prove 240 days working in

calendar year, rejection ofdispute by court is proper.Brij Kishore Chaubey & Ors. vs. Presiding Officer,

LabourCourt, Allahabad & Ors. 2009 LLR 270 (Allahabad

H.C.)

Dispute cant be referred after superannuation.

A.R. Swamy vs. Government of Andhra Pradesh & Anr. 2009

LLR 262 (Andhra Pradesh H.C.)


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A dispute can also be raised where workers termination

was done and not at the place where he was

appointed.(Jurisdiction)

Centre of Medical & Sales Representatives Union (North East

Region) vs. Vice-President (Marketing) Fair Deal Corpn. (P)

Ltd. 2009 LLR 605 (Gauhati H.C.)

Conciliation officer on a complaint of unfair labour

practice, has to endeavor for settlement ofdispute and not

to see the validity of enquiry.

A.B.N. Amro Bank N.V. vs. Union of India and Others. 2009

LLR 1204 (Calcutta H.C.)


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Factories Act 1948 and AmendmentsFactories Act 1948 and Amendments


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Applicability of the Act

Any premises whereon 10 or more persons or 20 or more

workers working on any day preceding 12 months, wherein

Manufacturing process is being carried on. Sec.2(ii) come

under this act.

The purpose to enact this act was to ensure Health, safety and

welfare of the employees.


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Health ( Secs. 11 to 20) :

y Cleanliness Disposal of wastes and effluents

y Ventilation and temperature dust and fume

y Overcrowding Artificial humidification Lighting

y Drinking water

y Spittoons

Safety Measures

y Fencing of machinery

y Work on near machinery in motion.

y Employment prohibition of young persons on dangerousmachines.

y Striking gear and devices


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Welfare Measures:

y Washing facilities

y Facilities for storing and drying clothingy Facilities for sitting

y First-aid appliances one first aid box not less than one for

every 150 workers.

y

Canteens when there are 250 or more workersy Shelters, rest rooms and lunch rooms when there are 150 or

more workers.

y Crches when there are 30 or more women workers.

y Welfare office when there are 500 or more workers.


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WorkingHours, SpreadOver &Overtime ofAdults

Weekly hours not more than 48. Daily hours, not more than 9

hours.

Intervals for rest at least hour on working for 5 hours.

Spread over not more than 10 hours.

Overlapping shifts prohibited. Extra wages for overtimedouble than normal rate of wages.

Restrictions on employment of women before 6AM and

beyond 7 PM. Secs. 51, 54 to 56, 59 & 60.


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Some recent Amendments in Factories Act:

Even if workers did not work for minimum 42 hours in a

week as agreed, working on Sunday (work off) will attract

O.T. payment- such withdrawal of benefit is not permissible

under ID Act (Sec.-9-A).

Food Corporation of India vs. Union of India and others. 2009

(123) FLR 480 (Gujarat H.C.)

Limitation period of filing prosecution under factories act

starts from the date when contraventions came to the notice

of the inspector and not the date of accident.H.M.P. Singh and Others vs. State of Jharkhand and

Another.2009 LLR 1198 ( Jharkhand H.C.)


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Minimum Wages Act 1948 andAmendments


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The purpose to enact this act was to fix the minimum wages for

the workers so as to prevent the exploitation of the workers.

Some Acts under this :

Maintenance of registers and records.

Government can also fix Minimum WagesTime work ,Piece work at piece rate for the purpose of

securing to such employees on a time work basis Sec. 3

Overtime

To be fixed by the hour, by the day or by such a longer wage

period works on any day in excess of the number of hours

constituting normal working day


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Some recent Amendments in Minimum Wages Act

When minimum wages not paid, intention of law is to give

compensation to workman and not penalize employer.

Kerala Automobiles Ltd. v. Naveetha P. (Mrs.) 2008 III LLJ 530

(Delhi H.C.)

Compensation justified when workers paid less thanminimum wages.

A.S. Lally, Major (Retd.) vs. Assistant Labour Commissioner

and Others. 2009 LLR 100 (Punjab & Haryana H.C.)

A claim under MV Act not barred by sec. 53 of ESI Act.

Kuriakose vs. Santosh Kumar. 2009 LLR 641 (Kerala H.C.)


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y The basic purpose to enact this act was to define a set

structure for the payment of wages to the employees.

Some Acts under this :

Time of payment of wages

y

The wages of every person employed be paid.y When less than 1000 persons are employed shall be paid

before the expiry of the 7th day of the following month.

y When more than 1000 workers, before the expiry of the 10th

day of the following month.

Wages to be paid in current coins or currency notes


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Trade Union Act 1926 and Amendments


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The basic purpose to enact this act was to set norms for making

and working of trade unions in a harmonious manner.

A trade union is an association either of employees or employers

or of independent workers.

It emphasis joint, coordinated action and collective bargaining.

The main objective of any trade union is to protect interest of

workers/employees in the organization.


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Some acts under this

Registration of trade Union

Any 7 or more members of a trade union may, by subscribing

their names to the rules of the trade union and its compliance.

There should be at least 10%, or 100 of the work-men,

whichever is less, engaged or employed in the establishmentor industry with which it is connected.

Cancellation of registration

If the certificate has been obtained by fraud or mistake or it has

ceased to exist or has willfully contravened any provision of

this Act.

If it ceases to have the requisite number of members.


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Some recent Amendments in Trade Union Act

Election of office bearers of Trade Union can't be

challenged in High Court through writ.

K.V. Sridharan & Ors. v. S. Sundamoorthy & Anr. 2009 I CLR

176 (Madras H.C.)

Trade union registrar cant cancel the union registrationunder sec. 10 of T.U. Act.

R.G. D'souza vs. Poona Employees Union Through its

President & Ors. 2009 I CLR 1053 (Bombay H.C.)

Membership of the Trade Union cannot be proved merely on

the basis ofAffidavit.

Force Motors Ltd. vs. Poona Employees' Union & Others. 2009

LLR 699 (Bombay H.C.)


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E

PF

an

dM

iscellan

eous Provision

s Act1952 and Amendments


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Payment of Contribution

The employer shall pay the contribution payable to the EPF,

DLI and Employees Pension Fund in respect of the member

of the Employees Pension Fund employed by him directly by

or through a contractor.

It shall be the responsibility of the principal employer to pay

the contributions payable to the EPF, DLI and Employees

Pension Fund by himself in respect of the employees directly

employed by him and also in respect of the employees directlyemployed by him and also in respect of the employees

employed by or through a contractor.


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Employer is at liberty to reduce its contribution to a

maximum of wage ceiling under EPF Act.

Management of Marathwada Gramin Bank, through itsChairman vs. Union of India, through the Secretary, Ministry of

Labour, New Delhi & Ors. 2009 LLR 662 ( Bombay H.C.)

When establishment is transferred, both previous & futureemployers are jointly liable for P.F. contributions.

Regional Provident Fund Commissioner, Jalpaiguri vs.

Everyday Industries (India), Ltd., & Ors. 2009 LLR 194 (

Cal.H.C.)

RECENT AMMENDMENT IN LABOUR LAWS AFTER 2001

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