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A PROJECT REPORT ON

“ROLE OF LABOUR WELFARE OFFICERS AND TRADE UNION”

LABOUR LAW - II

SCHOOL OF LAW

SUBMITTED TO: SUBMITTED BY:

Ms. TULIKA SINGH SOURAV KUMAR

ASSISTANT PROFFESOR, REG. NO. – 151301082


FACULTY OF LAW B.A LL.B (HONS)

VI SEMESTER
CERTIFICATE

This is to certify that, this project report entitled, “ROLE OF LABOUR WELFARE
OFFICERS AND TRADE UNION”, is a bonafide record of work done by SOURAV
KUMAR, student of B.A. LL.B [hons.] programmed under my supervision.The
candidate has made an appreciable attempt on the above-mentioned subject.

(SIGNATURE OF SUPERVISOR)

Ms. TULIKA SINGH


ACKNOWLEDGEMENT

This is to declare that this project report “role of labour welfare officers and trade union” has
been written by me under the supervision of,our lecturer for Labour Law - II, Ms. Tulika
Singh, assistant professor (school of law) Manipal university, Jaipur. No part of report is
plagiarized from other sources. All information included from other sources has been duly
acknowledged. I hereby state that if any part of the report is plagiarized, I shall take full
responsibility for it.
I found no words to express my sense of gratitude for my teacher, for providing the necessary
guidance and constant encouragement at every step of her endeavor. The pain taken by her for
scrutiny of the rough draft as well as her valuable suggestions to plug the loopholes therein
have not only helped me immensely in making this work see the light of the day but also
above all has helped in developing an analytical approach to this work. I am extremely
grateful to my respected teachers of school of law- Manipal University, Jaipur for their co-
operation and guidance and their valuable time. I am highly indebted to the office and library
staff of the college for the support and co-operation extended by them from time to time.

Thanking you,

Sourav Kumar
CONTENTS

CERTIFICATE ........................................................................................................................................ 2

ACKNOWLEDGEMENT ....................................................................................................................... 3

INTRODUCTION.................................................................................................................................... 5

IMPORTANCE AND NECESSITY OF LABOUR WELFARE ............................................................ 8

AGENCIES IN LABOUR WELFARE WORK ...................................................................................... 9

LABOUR WELFARE WORK BY CENTRAL GOVERNMENT........................................................ 11

LABOUR WELFARE WORK BY STATE GOVERNMENTS ........................................................... 11

CONCLUSION ...................................................................................................................................... 14
INTRODUCTION

Men, materials and money are regarded as the three important factors of production. Men
constitute the organization at all levels and are regarded as dynamic factor of production. It is
not very difficult to handle material resources, but without the efficient use of human
resources, management can never accomplish the end results. Even is those industries where
automatic machines have been introduced, labour is still regarded as a dominant factor or
production for increasing productivity.
The growing attention that is being paid to labour problems at the present time is an indication
of the increasing importance of the working class in the economic and social structure of
modern communities. In order to get the best results from the employees, management must
be aware of what employees expect from their employers. It is for management to see that the
workers get economic, social and individual satisfaction. For providing such satisfaction,
labour welfare activities are undertaken.
Labour welfare implies the setting up of minimum desirable standards of the provision of
facilities like health, food, clothing, housing, medical assistance, education, insurance, job
security, recreation etc. such facilities enable the worker and his family to lead a good work
life, family life and social life.
In the words of Prof. H.S.Kirkaldy- “The whole field of welfare is one in which much can be
done to combat the sense of frustration of the industrial workers, to relieve them of the
personal and family worries, to improve their health, to offer them some sphere in which they
can excel others and to help to a wider conception of life.”
In the report II of the ILO Asian Regional conference, it has been stated that worker’s welfare
may be understood to mean “such services, facilities and amenities which may be established
outside or in the vicinity of undertakings, to enable to enable the persons employed there in to
perform their work in healthy and congenial surroundings and to provide them with amenities
conducive to good health and high morale.”
According to N.M.Joshi, welfare wor4k “Covers all the efforts which employers take for the
benefit of their employees over and above the minimum standards of working conditions fixed
by the Factories Act and over and above the provisions of the social legislation providing
against accident, old age, unemployment and sichness.”
Labour welfare work, thus embraces in its fold all efforts which have their object for the
improvement of health, safety, welfare and general well being of the workers. It is confined to
those activities, undertaken statutorily or otherwise, inside the industrial premises or outside it,
by any agency, government, employers which do not come under social insurance conditions
and which lead to improvement in health, efficiency and happiness of industrial workers and
their families e.g., recreational, medical, educational, washing bathing, transport facilities,
canteens and crèches, etc.

SCOPE OF LABOUR WELFARE


The scope of labour welfare activities is very wide and includes in its fold all efforts in the
form of amenities which vary from place to place, industry to industry and time to time.
Labour welfare activities are broadly classified as (i) statutory, (ii) Non-statutory of voluntary
(iii) mutual.
Statutory provisions relating to welfare of workers have been promulgated by the government
of India in different enactments viz, Factories Act, 1948; Mines Act, 1952; The Motor
transport Workers Act, 1961; Dock Workers (safety, health Act,1951; The merchant 1961;
Plantation labour Act, 1951; The Merchant shipping Act, 1958;) Coal Mines Labour Welfare
Fund Act, 1974 and MICA Mines Labour Welfare Fund; etc. the provision contained in these
Acts are usually required to provide the minimum standards of health, safety and welfare of
workers. Employers are supposed to adhere to these provisions.
Voluntary welfare includes all those activities which employers undertake for their employees
on voluntary basis. It is a philanthropic approach on the part of the employer to provide
various welfare facilities to the workers over and above the statutory measures. Some of the
important voluntary welfare activities on the part of the employers may be provision of
housing facilities, transportation, recreational facilities, formation of cooperative societies,
children’s education, loans for purchasing bicycles, scooters, cars and grains, provision of
library, leave travel concessions, uniforms and gifts etc.
Mutual welfare is “a corporate enterprise” undertaken by the workers themselves of their
organization called trade unions. In India, the trade unions are financially weak and are unable
to undertake such activities on required scale. However, in advanced countries the labour
welfare activities are the important functions of trade unions.
The Committee of experts on welfare facilities for Industrial workers constituted by the by the
I.L.O. in 1963 had divided the welfare services into two groups.
(a) Welfare amenities within the precincts of the establishment (intermural) :Latrines
and urinals, washing and bathing facilities, crèches, rest rooms and canteens,
arrangements for drinking water, arrangements for prevention of fatigue, health
services including occupational safety, administrative arrangements within a plant
to look after welfare, uniforms and protective clothing and shift allowance.
(b) Welfare amenities outside the establishment (extra-mural) : Maternity benefit,
social insurance measures including sports, cultural activities, library and reading
room, holiday homes and leave travel facilities, workers cooperatives including
consumers cooperative stores, fair price shops and cooperative thrift and credit
societies, vocational training for dependents of workers, other programmes for the
welfare of women, youth and children and transport to and from the place or work.
Thus, labour welfare is very comprehensive and embraces a multitude of activities
of employers, state, trade unions and other agencies to help workers and their
families in the context of their industrial life.
Thus the scope of labour welfare is fairly wide. The concept of labour welfare embraces a
multitude of activities including all extra mural, intra mural activities, as well as statutory and
non-statutory welfare measures undertaken by the employees, the government and the trade
unions to help workers and their families in the context of their industrial life. It is therefore,
concluded that labour welfare is a convenient term to cover all those aspects of industrial life
which contribute to the well being of a worker.

IMPORTANCE AND NECESSITY OF LABOUR WELFARE

The necessity for labour welfare is felt all the more in our country because its
developing economy aimed at rapid economic and social development. The need for labour
welfare was felt by the Royal Commission on Labour in 1931. The philosophy of labour
welfare and its necessity was mentioned in a resolution passed by the Indian National
Congress on fundamental rights and economic programme in its Karachi Session in 1931. The
resolution demanded that the organization of economic life in the country must confirm to the
principles of justice and it might secure an decent standard of living. It also emphasized that
the state should safeguard the interest of industrial workers and should secure for them by
suitable legislation a living wage, healthy conditions of work, limited hours of labour, suitable
machinery for the settlement of disputes consequences of old age sickness and unemployment,
Following motives and consideration have p0romotede employers to provide welfare
measure:-
(1) It is helpful in winning over their employees, loyalty and to combat trade unionism.
(2) It builds up a stable labour force by reducing labour turnover and absenteeism.
(3) It raises the morale of workers. A feeling is developed among the workers that they are
being looked after properly.
(4) One of the objects for provision of welfare activities in recent times by certain
employers is to save themselves from heavy taxes on surplus.
(5) The purpose behind provision of welfare activities by some companies is to enhance
their image and to create an atmosphere of goodwill between the labour and
management and also between management and the public.
(6) The social evils prevalent in the labour force such as gambling, drinking etc. are
reduced to the minimum. It brings improvement in the health of the workers and keeps
them cheerful.

AGENCIES IN LABOUR WELFARE WORK

The problems of labour welfare are immense and manifold and as such can’t be tackled by on
single agency successfully. Certain welfare activities can be easily carried by the employers
inside the factory premises viz; canteens, recreational facilities, provision of dispensary and
crèches etc. Certain other measures viz; educational and employee state insurance etc., may be
undertaken by the State and certain measures may be suggested by the workers associations
and trade unions. Suggestions made by All India Union Congress in their memorandum to the
Malviya Committee may be cited in this regard. In the opinion of the committee “Some of the
essential items of welfare work should be kept to be made by rules. As there will be
difficulties for enforcing some of the welfare activities such as crèches, washing and bathing
facilities in the cases of small factories we suggest that some or these welfare activities should
be made available in industrial areas for the general body of workers for whom no separate
provision could be made by the employer and these facilities should be made under municipal
or government control, but may be financed by the employers.”
Labour welfare work is generally undertaken by three main agencies viz; (a) The employers,
(b) The workers’ organisation and (c) the state government. A brief mention of these agencies
is made as follows :-
Employer’s role in welfare work, Employer is in direct contact with the employees.
His role is pivotal in providing welfare facilities to the employees over and above what is laid
down by law. There is no denying the fact that some of the leading industrialists in india are
pioneers in providing welfare amenities to their employees. Some of these employers in this
regard are the Delhi cloth and general mills, Delhi, Mafatlals, J.K. Group, Godrej, Larsen and
Teubro Pfizzer, Voltas, Philips, Bajaj, Tisco & Telco etc. they have felt the necessity of
welfare work and its importance in the interest of the industry and the workers. Various
welfare amenities provided by the employers to the employees include educational facilities,
medical facilities, transport facilities, recreational facilities, housing facilities and consumer
cooperative societies etc. the dimension of welfare work undertaken by the employers is
diverse in nature on account of different conditions from industry to industry and from unit to
unit in the same industry.
Labour welfare work by workers’ associations. This includes the welfare activities
provided by the unions for the benefit of their members, out of their own funds and also
organised by these unions. Various trade unions have done commendable work in the field of
labour welfare. The welfare activities undertaken by the Ahemdabad Textile labour
Association are worth mentioning. The association conducts various cultural and social
centres spread over the labour intensive areas of th city of Ahemdabad.
The Mill Majdoor Union, Indore has set up various labour welfare centers to provide
recreational and other amenities to its members. It also provides educational facilities and
games to the children of the employees. Night classes, reading rooms, facilities of indoor and
outdoor games are also provide to the employees. For the welfare of women employees
educational facilities and crafts stitching etc., is also provided.
Similar other association like, The Majdoor Sabha, Kanpur. The Rastriya Mill
Majdoor Sangh, Bomby and the Textile Laour Association (Majdoor Mahajah) etc., are also
offering many facilities for considerable improvements in the well being of the workers and
their families.

LABOUR WELFARE WORK BY CENTRAL GOVERNMENT

Not much contribution could be made by the Central Government in the field of labour
welfare prior to the Second World War. The government started taking interest in the field of
labour welfare during the Second World War. It extended the schemes of labour welfare in
ordnance and ammunition factories. A labour welfare advisor was appointed in 1942 for
promoting the labour welfare work. A labour welfare fund was constituted in the year 1946
for financing the labour welfare measures outside the purview of statutory provisions in public
sector undertakings.
The Government of India favoured the idea of “welfare state”. The government passed
certain Acts, viz, Factories Act, 1948, the Coal Mines labour Welfare Fund Act, 1947, the Iron
Ore Mines Welfare Cess Act, 1961 and the Limestone and Dolomite Mines Labour Welfare
Act, 1972, etc., are important Acts, covering the welfare of the workers.
In five years plans also, Government of India has earmarked huge funds for the
welfare of the workers. It provided 6.74 crores in the First Five- Year Plan, Rs. 29 crores in
the Second, Rs. 71.08 crores in the third, Rs. 35.5 crores during three annual plans (during
plan holiday) Rs. 39.9 crores in the Fourth, Rs. 57 crores in the Fifth and Rs. 130.82 crores in
the Sixth five year plan.

LABOUR WELFARE WORK BY STATE GOVERNMENTS


Various State Government and union territories have establishe different welfare
centres which are providing educational, recreational and other facilities to the workers.
Different cultural activities, games, sports, training in handicrafts, library, gymnasium and
tailoring classes for women workers are being provided by different State Governments. The
State Governments have passed labour Welfare Funds Acts from time to time to safeguard the
interests of the workers and their families. Some of the important Acts passed by the State
Governments Are: the Bombay labour welfare Fund Act (1953) ; the Mysore Labor Welfare
Fund Act (1965) etc. The main sources of finances for these funds are (i) fines realized from
the employees, (ii) unpaid wages, bonus, gratuity and all unpaid arrears. (iii) fines imposed on
the employers by courts for defaults; (iv) Voluntary donations, (v) any fund transferred from
any other labour welfare fund; (vi) all grants from the Central/State Governments; (vii)
unclaimed forfeited sums in Provident Fund Accounts and (viii) Any sum borrowed, etc.

Labour Welfare Under Factories Act

The Factories Act 1948 contains the following provisions relating to Labour Welfare;-

(1) Washing Facilities. In every factory (a) adequate and suitable facilities shall be
provided and maintained for the use of workers ; (b) separate and adequately screened
facilities shall be provided for the use of male and female workers; (c) such facilities
shall be easily accessible and shall be kept clean.
(2) Facilities for storing and drying clothing. In every factory provision for suitable
place should exist for keeping clothing not worn during working hours and for the
drying of wet clothing.
(3) Facilities for sitting. In every factory, suitable arrangements for sitting shall be
provided and maintained for all workers who are obliged to work in a standing
position so that the workers may take advantage of any factory workers can efficiently
do their work in a sitting position, the Chief inspector may require the occupier of the
factory to provide such seating arrangements as may be practicable.
(4) First aid appliance. Under the Act, the provision for first-aid appliances are
obligatory. Atleast on first-aid box or cupboard with the prescribed contents should be
maintained for every 150 workers. It should be readily accessible during all working
hours. Each first-aid box or cupboard shall be kept in the charge of a separate
responsible person who holds a certificate in the first-aid treatment recognised by the
State government and who shall always be readily available during the working hours
of the factory.
In every factory wherin more than 500 workers are ordinarily employed there
shall be provided and maintained an ambulance room of the prescribed size containing
the prescribed equipment the ambulance room shall be in the charge of properly
qualified medical and nursing staff. These facilities shall always be made redily
avialble during the working hours of the factory.

(5) Canteens. In every factory employing more than 250 workers, the State
government may make rules requiring that a canteen or canteens shall be provided for
the use of workers. Such rules may provide for (a) the date by which the canteen shall
be provided, (b) the standards in respect of construction, accommodation, furniture and
other equipment of the canteen ; (c) the foodstuffs to be served therin and charges
which may be made therof; (d) the constitution of a managing committee for the
canteens and representation of the workers in the management of the canteen; (e) the
items of expenditure in the running of the canteen which are not to be taken into
account in fixing the cost of foodstuffs and which shall be borne by employer; (f) the
delegation to the Chief inspector, of the power to make rules under clause (c).
(6) Shelters, rest rooms and lunch rooms. In every factory wherin more than 150
workers are ordinarily employed, there shall be a provision for shelters, rest room and
a suitable lunch room where workers can eat meals brought by them with provision for
drinking water. Where a lunch room exists, no worker shall eat any food in the work
room. Such shelters or rest rooms or lunch rooms shall be sufficiently lighted and
ventilated and shall be maintained in a cool and clean condition.
(7) Creches. In every factory wherin more than 30 women workers are ordinarily
employed there shall be provided and maintained a suitable room or rooms for the use
of children under the age of six years of such women. Such rooms shall provide
adequate accommodation, shall be adequately lighted and ventilated, shall be
maintained in a clean and sanitary condition and shall be under the charge of women
trained in the care of children and infants.
The state government may make rules for the provision of additional facilities
for the care of children belonging to women workers including suitable provision of
facilities :-
(a) For washing and changing their clothing
(b) Of free milk or refreshment or both for the children, and
(c) For the mothers of children to feed them at the necessary intervals.

(8) Welfare officers. In every factory wherin 500 more workers are ordinarily
employed the occupier shall employ in the factory such number of welfare officers as
may be prescribed under Sec. 49(a). The State government may prescribe the duties,
qualifications and conditions of service of such officers.

CONCLUSION

Labour welfare has become essential because of the very nature of the
industrial system. The approach to this problem or movement differs from
country to country, according to the degree of development in a particular country.
However, the need for labour welfare in some way or the other is realized all over
the world because of the socio-economic conditions and problems which the
industrial society has thrown up.
The aims and objectives of labour welfare have progressively changed
during, the last few decades. From the primitive policing and placating
philosophy of labour welfare, it gradually moved to the era of paternalism with
philanthropic objectives. Even today there is evidence of humanitarian outlook of
some of the employers in many employee-welfare programmes. The recent
thinking in labour welfare however is more oriented towards increasing
productivity and efficiency of the work people. An outstanding trend today is that
it has become a comprehensive concept concerned with the development of the
total human personality embracing physical, mental, social psychological and
spiritual aspects of the employees well being.
Be that as it may be, well-organised labour welfare efforts can and do
solve some of the labour problems that have resulted from industrialisation. There
may be divergent views about the implementation of labour welfare programmes,
about who should undertake responsibility for them and who should bear the cost.
But what is invariably called of is sincerity of purpose. However there has been a
growing appreciation and acceptance of “utility of welfare work” on the part of
employers. As long as this appreciation exists, charity, as one of the motives,
cannot undermine the purpose of labour welfare. In this context, the question of
80
benevolence does not arise at all. An industry is certainly not a place where
workers and employers try to get the maximum from each other. Both labour and
management can do a lot more if and when they work together as partners in an
enterprise, and if they have sympathy with, and understanding of each others
problems. This is the basic problem in labour welfare, and it has been solved, at
least to some extent, over the years. It is sincerely hoped that the welfare concept
will help the industrial community better, in future, to maintain harmonious
industrial relations and lasting industrial peace, to tackle effectively the resultant
problems of social transition, and to strive for and attain human welfare.
The government is now playing a triple role-that of a legislator,
administrator and promoter. In spite of all these efforts, the welfare work in India
is still considerably below the standard set up in other countries. However, it has
come to stay as an accepted feature of employment conditions and is bound to
make rapid progress in the years to come, especially when the Indian Republic is
wedded to the ideal of a Welfare State with socialistic objectives.
BIBLIOGRAPHY

1. R.R. Hopkin, “A Handbook of Industrial Welfare”, 1955, p.1

2. Encyclopedia of Social Sciences, Vol, XV, 1935, p.395

3. Arthur James Todd, “Industry and Society-A Sociological Appraisal of

Modern Industrialisation”, New York, H.Holt &Co.1933, p.250

4. ILO, Asian Regional Conference, Report II, 1947, p.3

5. Government of India, Ministry of Labour and Employment, Main Report

of the Labour Investigation Committee, Delhi, 1946,p.336

6. N.M Joshi, “Trade Union Movement in India”, Sagar Publishing Co,

Bombay, 1927,p.26

7. Report of the Committee on Labour Welfare, Vol.1,1969,p.24

WEBLIOGRAPHY

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