WHAT IS INDUSTRIAL RELATIONS AND THE VARIOUS

APPROACHES?

Industrial relations has become one of the most delicate and complex problems
of modern industrial society. Industrial progress is impossible without
cooperation of labors and harmonious relationships. Therefore, it is in the
interest of all to create and maintain good relations between employees (labor)
and employers (management).

The term ‘Industrial Relations’ comprises of two terms: ‘Industry’ and

‘Relations’. “Industry” refers to “any productive activity in which an individual
(or a group of individuals) is (are) engaged”. By “relations” we mean “the
relationships that exist within the industry between the employer and his
workmen.”

The term industrial relations explain the relationship between employees and
management which stem directly or indirectly from union-employer
relationship. Industrial relations are the relationships between employees and
employers within the organizational settings. The field of industrial relations
looks at the relationship between management and workers, particularly groups
of workers represented by a union. Industrial relations are basically the
interactions between employers, employees and the government, and the
institutions and associations through which such interactions are mediated.

The term industrial relations have a broad as well as a narrow outlook.

Originally, industrial relations were broadly defined to include the relationships
and interactions between employers and employees. From this perspective,
industrial relations cover all aspects of the employment
relationship, including human resource management, employee relations, and
union-management (or labor) relations. Now its meaning has become more
specific and restricted. Accordingly, industrial relations pertains to the study
and practice of collective bargaining, trade unionism, and labor- management
relations, while human resource management is a separate,
largely distinct field that deals with nonunion employment relationships and the
personnel practices and policies of employers. The relationships which arise at
and out of the workplace generally include the relationships between individual
workers, the relationships between
workers and their employer, the relationships between employers, the
relationships employers and workers have with the organizations formed to
promote their respective interests, and the relations between those
organizations, at all levels. Industrial relations also includes the processes
through which these relationships are expressed (such as, collective bargaining,
workers’ participation in decision-making, and grievance and dispute
settlement), and the management of conflict between employers, workers and
trade unions, when it arises.

Approaches to Industrial Relations

The industrial relations scenario and factors affecting it, has been perceived
differently by different practitioner and theorist. Some have viewed it in terms
of class conflict; some have viewed it in terms of mutuality of interest of
different groups; some have viewed it as a consequence of interaction of various
factors both within an organization and outside it. Based on these orientations,
several approaches have been developed to explain the dynamics of IR.

UNITARY APPROACH
In unitarism, the organization is perceived as an integrated and harmonious
system viewed as one happy family. A core assumption of unitary approach is
that management and staff, and all members of the organization share the same
objectives, interests and purposes; thus working together, hand-in-hand, towards
the shared mutual goals. Furthermore, unitarism has a paternalistic approach
where it demands loyalty of all employees. Trade unions are deemed as
unnecessary and conflict is perceived as disruptive.
A) From employee point of view, unitary approach means that:
 Working practices should be flexible. Individuals should be business
process improvement oriented, multi-skilled and ready to tackle with
efficiency whatever tasks are required.
 If a union is recognized, its role is that of a further means of
communication between groups of staff and the company.
 The emphasis is on good relationships and sound terms and conditions of
employment.
 Employee participation in workplace decisions is enabled. This helps in
empowering individuals in their roles and emphasizes team work,
innovation, creativity, discretion in problem-solving, quality and
improvement groups etc.
 Employees should feel that the skills and expertise of managers supports
their endeavors.

B) From employer point of view, unitary approach means that:

 Staffing policies should try to unify effort, inspire and motivate
employees.
  The organization's wider objectives should be properly communicated
and discussed with staff.
 Reward systems should be so designed as to foster to secure loyalty and
commitment.
 Line managers should take ownership of their team/staffing
responsibilities.

Staff-management conflicts - from the perspective of the unitary framework -

are seen as arising from lack of information, inadequate presentation of
management's policies. The personal objectives of every individual employed in
the business should be discussed with them and integrated with the
organization’s needs.

RADICAL APPROACH
This view of industrial relations is a byproduct of a theory of capitalist society
and social change. Marx argued that:
A) Weakness and contradiction inherent in the capitalist system would result
in revolution and the ascendancy of socialism over capitalism.
 Capitalism would foster monopolies.
 Wages (costs to the capitalist) would be minimized to a subsistence level.
 Capitalists and workers would compete/be in contention to win ground
and establish their
 Constant win-lose struggles would be evident.
B) This perspective focuses on the fundamental division of interest between
capital and labor, and sees workplace relations against this background. It
is concerned with the structure and nature of society and assumes that the
conflict in employment relationship is reflective of the structure of the
society. Conflict is therefore seen as inevitable and trade unions are a
natural response of workers to their exploitation by capital.

MARXIST APPROACH

The class conflict analysis of industrial relations derives its impetus from
Marxist social thinking and interpretation. Marxism is essentially a method of
social enquiry into the power relationships of society and a way of interpreting
social reality. The application of Marxian theory as it relates to industrial
relations derives indirectly from later Marxist scholars rather than directly from
the works of Marx himself. Industrial relations, according to Marxists, are in the
first instance, market-relations. To Marxists, industrial relations are essentially
politicized and part of the class struggle. For Marxists industrial and employee
relations can only be understood as part of a broader analysis of capitalist
society in particular the social relations of production and the dynamics of
capital accumulation. As Marx himself put it, “the mode of production in
material life determines the general character of the social, political and spiritual
process of life.” The Marxist approach is primarily oriented towards the
historical development of the power relationship between capital and labour. It
is also characterised by the struggle of these classes to consolidate and
strengthen their respective positions with a view to exerting greater influence on
each other. In this approach, industrial relations is equated with a power-
struggle. The price payable for labour is determined by a confrontation between
conflicting interests. The capitalist ownership of the enterprise endeavours to
purchase labour at the lowest possible price in order to maximise their profits.
The lower the price paid by the owner of the means of production for the labour
he employs, the greater is his profit. The Marxist analysis of industrial relations,
however, is not a comprehensive approach as it only takes into account the
relations between capital and labour. It is rather, a general theory of society and
of social change, which has implications for the analysis of industrial relations
within what Marxists would describe as capitalist societies.

PLURALIST APPROACH

Pluralism is a major theory in labour-management relations, which has many

powerful advocates. The focus is on the resolution of conflict rather than its
generation, or, in the words of the pluralist, on ‘the institutions of job
regulation.’ Kerr is one of the important exponents of pluralism. According to
him, the social environment is an important factor in industrial conflicts. The
isolated masses of workers are more strike-prone as compared to dispersed
groups. When industrial jobs become more pleasant and employees’ get more
integrated into the wider society, strikes will become less frequent. Ross and
Hartman’s cross national comparison of strikes postulates the declining
incidents of strikes as societies industrialise and develop appropriate
institutional framework. They claim that there has been a decline in strike
activity all over the world in spite of an increase in union membership. The
theories on pluralism were evolved in the mid-sixties and early seventies when
England witnessed a dramatic resurgence of industrial conflicts. However, the
recent theories of pluralism emanate from British scholars, and in particular
from Flanders and Fox. According to Flanders, conflict is inherent in the
industrial system. He highlighted the need for a formal system of collective
bargaining as a method of conflict resolution. Fox distinguishes between two
distinct aspects of relationship between workers and management. The first is
the market relationship, which concerns with the terms and conditions on which
labour is hired. This relationship is essentially economic in character and based
on contracts executed between the parties. The second aspect relates to the
management’s dealing with labour, the nature of their interaction, negotiations
between the union and management, distribution of power in the organisation,
and participation of the union in joint decision-making. The major critics of the
pluralist approach are the Marxists according to whom exploitation and slavery
will continue unabated in the institutional structure of pluralism. The only
difference is that in such a social structure, the worker will be deemed to be a
better-paid wage slave.

WEBER’S SOCIAL ACTION APPROACH

The social action approach of Weber has laid considerable importance to the
question of control in the context of increasing rationalisation and
bureaucratisation. Closely related to Weber’s concern related to control in
organisations was his concern with “power of control and dispersal”. Thus a
trade union in the Weber’s scheme of things has both economic purposes as
well as the goal of involvement in political and power struggles. Some of the
major orientations in the Weberian approach have been to analyse the impact of
techno-economic and politico-organisational changes on trade union structure
and processes, to analyse the subjective interpretation of workers’ approaches to
trade unionism and finally to analyse the power of various components of the
industrial relations environment – government, employers, trade unions and
political parties. Thus the Weberian approach gives the theoretical and
operational importance to “control” as well as to the power struggle to control
work organisations – a power struggle in which all the actors in the industrial
relations drama are caught up.

HUMAN RELATIONS APPROACH

In the words of Keith Davies, human relations are “the integration of people
into a work situation that motivates them to work together productively,
cooperatively and with economic, psychological and social satisfactions.”
According to him, the goals of human relations are: (a) to get people to produce,
(b) to cooperate through mutuality of interest, and (c) to gain satisfaction from
their relationships. The human relations school founded by Elton Mayo and
later propagated by Roethlisberger, Whitehead, W.F. Whyte, and Homans offers
a coherent view of the nature of industrial conflict and harmony. The human
relations approach highlights certain policies and techniques to improve
employee morale, efficiency and job satisfaction. It encourages the small work
group to exercise considerable control over its environment and in the process
helps to remove a major irritant in labour-management relations. But there was
reaction against the excessive claims of this school of thought in the sixties.
Some of its views were criticised by Marxists, pluralists, and others on the
ground that it encouraged dependency and discouraged individual development,
and ignored the importance of technology and culture in industry. Taking a
balanced view, however, it must be admitted that the human relations school has
thrown a lot of light on certain aspects such as communication, management
development, acceptance of workplace as a social system, group dynamics, and
participation in management.

GANDHIAN APPROACH

Gandhiji can be called one of the greatest labour leaders of modern India. His
approach to labour problems was completely new and refreshingly human. He
held definite views regarding fixation and regulation of wages, organisation and
functions of trade unions, necessity and desirability of collective bargaining, use
and abuse of strikes, labour indiscipline, workers participation in management,
conditions of work and living, and duties of workers. The Ahmedabad Textile
Labour Association, a unique and successful experiment in Gandhian trade
unionism, implemented many of his ideas. Gandhiji had immense faith in the
goodness of man and he believed that many of the evils of the modern world
have been brought about by wrong systems and not by wrong individuals. He
insisted on recognising each individual worker as a human being. He believed
in non-violent communism, going so far as to say that “if communism comes
without any violence, it would be welcome.” Gandhiji laid down certain
conditions for a successful strike. These are: (a) the cause of the strike must be
just and there should be no strike without a grievance; (b) there should be no
violence; and (c) non-strikers or “blacklegs” should never be molested. He was
not against strikes but pleaded that they should be the last weapon in the armory
of industrial workers and hence should not be resorted to unless all peaceful and
constitutional methods of negotiations, conciliation and arbitration are
exhausted. His concept of trusteeship is a significant contribution in the sphere
of industrial relations. According to him, employers should not regard
themselves as sole owners of mills and factories of which they may be the legal
owners. They should regard themselves only as trustees, or co-owners. He also
appealed to the workers to behave as trustees, not to regard the mill and
machinery as belonging to the exploiting agents but to regard them as their own,
protect them and put to the best use they can. In short, the theory of trusteeship
is based on the view that all forms of property and human accomplishments are
gifts of nature and as such, they belong not to any one individual but to society.
Thus, the trusteeship system is totally different from other contemporary labour
relations systems. It aimed at achieving economic equality and the material
advancement of the “have-nots” in a capitalist society by non-violent means.
Gandhiji realised that relations between labour and management can either be a
powerful stimulus to economic and social progress or an important factor in
economic and social stagnation. According to him, industrial peace was an
essential condition not only for the growth and development of the industry
itself, but also in a great measure, for the improvement in the conditions of work
and wages. At the same time, he not only endorsed the workers’ right to adopt
the method of collective bargaining but also actively supported it. He advocated
voluntary arbitration and mutual settlement of disputes. He also pleaded for
perfect understanding between capital and labour, mutual respect, recognition of
equality, and strong labour organisation as the essential factors for happy and
constructive industrial relations. For him, means and ends are equally important.

HUMAN RESOURCE MANAGEMENT APPROACH

The term, human resource management (HRM) has become increasingly used
in the literature of personnel/industrial relations. The term has been applied to a
diverse range of management strategies and, indeed, sometimes used simply as
a more modern, and therefore more acceptable, term for personnel or industrial
relations management. Some of the components of HRM are: (i) human
resource organisation; (ii) human resource planning; (iii) human resource
systems; (iv) human resource development; (v) human resource relationships;
(vi) human resource utilisation; (vii) human resource accounting; and (viii)
human resource audit. This approach emphasises individualism and the direct
relationship between management and its employees. Quite clearly, therefore, it
questions the collective regulation basis of traditional industrial relations.
CHILD LABOUR

INTRODUCTION:-

The Act came into force from 23rd December 1986. Its main objective is to
prohibit the employment of children in certain categories of industries & to
regulate the conditions of work of children in certain categories. It was amended
in 1988.

OBJECT OF THE ACT:-

 To ban the employment of the children, those who have not completed
their 14 year in specified occupation & processes.
 To lay down a procedure to decide modification to the schedule of
banned occupation or process.
 To regulate the condition of work of children in employment where they
are not prohibited from working.
 To lay down enhanced penalties for employment of children in
v i o l a t i o n of the provisions of this Act, and other Acts which
forbid the employment of children.
 To obtain uniformity in the definition of child in the related l a w s .
1. Short title, extent and commencement.
(1) This Act may be called the Child Labour (Prohibition and Regulation) Act,
1986.
(2) It extends to the whole of India.
(3) The provisions of this Act, other than Part III, shall come into force at once,
and Part III shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint, and different dates may be
appointed for different States and for different classes of establishments

Definitions – In this Act, unless the context otherwise requires,

(i)“appropriate Government” means, in relation to an establishment under the

control of the Central Government or a railway administration or a major port or
a mine or oilfield, the Central Government, and in all other cases, the State
Government;
(ii)“child“ means a person who has not completed his fourteenth year of age;
(iii)“day” means a period of twenty-four hours beginning at midnight;
(iv)“establishment” includes a shop, commercial establishment, work-shop,
farm, residential hotel, restaurant, eating-house, theatre or other place of public
amusement or entertainment;
(v)“family” in relation to an occupier, means the individual, the wife or
husband, as the case may be, of such individual, and their children, brother or
sister of such individual;
(vi)“occupier”, in relation to an establishment or a workshop, means the person
who has the ultimate control over the affairs of the establishment or workshop;
(vii)“port authority” means any authority administering a port;
(viii)“prescribed” means prescribed by rules made under Sec.18;
(ix)“week” means a period of seven days beginning at midnight on Saturday
night or such other night as may be approved in writing for a particular area by
the Inspector;
(x)“workshop” means any premises (including the precincts thereof) wherein
any industrial process in carried on, but does not include any premises to which
the provisions of Sec. 67 of the Factories Act, 1948 (63 of 1948), for the time
being, apply.

3. Prohibition of employment of children in certain occupations and

processes:-
No child shall be employed or permitted to work in any of the occupations set
forth in Part A of the Schedule or in any workshop wherein any of the processes
set forth in Part B of the Schedule is carried on: Provided that nothing in this
section shall apply to any workshop wherein any process is carried on by the
occupier with the aid of his family or to any school established by, or receiving
assistance or recognition from, Government.

4. Power to amend the Schedule:-

The Central Government, after giving by notification in the Official Gazette, not
less than three months notice of its intention so to do, may, by like notification,
add any occupation or process to the Schedule and thereupon the Schedule shall
be deemed to have been amended accordingly.

5. Child Labour Technical Advisory Committee.

(1) The Central Government may, by notification in the Official Gazette,
constitute an advisory committee to be called the Child Labour Technical
Advisory Committee (hereafter in this section referred to as the Committee) to
advise the Central Government for the purpose of addition of occupations and
processes to the Schedule.
(2) The Committee shall consist of a Chairman and such other members not
exceeding ten, as may be appointed by the Central Government.
(3) The Committee shall meet as often as it may consider necessary and shall
have power to regulate its own procedure.
(4) The Committee may, if it deems it necessary so to do, constitute one or more
sub committees and may appoint to any such subcommittee, whether generally
or for the consideration of any particular matter, any person who is not a
member of the Committee.
(5) The term of office, of the manner of filling casual vacancies in the office of,
and the allowances, if any, payable to, the Chairman and other members of the
Committee, and the conditions and restrictions subject to which the Committee
may appoint any person who is not a member of the Committee as a member of
any of its subcommittees
shall be such as may be prescribed.

6. Application of Part. The provisions of this Part shall apply to an

establishment or a class of establishments in which none of the occupations or
processes referred to in section 3 is carried on.

7. Hours and period of work.

(1) No child shall be required or permitted to work in any establishment in
excess of such number of hours as may be prescribed for such establishment or
class of establishments.
(2) The period of work on each day shall be so fixed that no period shall exceed
three hours and that no child shall work for more than three hours before he has
had an interval for rest for at least one hour.
(3) The period of work of a child shall be so arranged that inclusive of his
interval for rest, under sub-section (2), it shall not be spread over more than six
hours, including the time spent in waiting for work on any day.
(4) No child shall be permitted or required to work between 7 p.m and 8 a.m.
(5) No child shall be required or permitted to work overtime.
(6) No child shall be required or permitted to work in any establishment on any
day on which he has already been working in another establishment.

8. Weekly holidays. Every child employed in an establishment shall be allowed

in each week, a holiday of one whole day, which day shall be specified by the
occupier in a notice permanently exhibited in a conspicuous place in the
establishment and the day so specified shall not be altered by the occupier more
than once in three months.

9. Notice to Inspector. (1) Every occupier in relation to an establishment in

which a child was employed or permitted to work immediately before the date
of commencement of this Act in relation to such establishment shall, within a
period of thirty days from such commencement, send to the Inspector within
whose local limits the establishment is situated, a written notice containing the
following particulars, namely:--
(a) the name and situation of the establishment;
(b) the name of the person in actual management of the establishment;
(c) the address to which communications relating to the establishment should be
sent; and
(d) the nature of the occupation or process carried on in the establishment.
(2) Every occupier, in relation to an establishment, who employs, or permits to
work, any child after the date of commencement of this Act in relation to such
establishment, shall, within a period of thirty days from the date of such
employment, send to the Inspector within whose local limits the establishment
is situated, a written notice containing the particulars as are mentioned in sub-
section (1).

10. Disputes as to age. If any question arises between an Inspector and an

occupier as to the age of any child who is employed or is permitted to work by
him in an establishment, the question shall, in the absence of a certificate as to
the age of such child granted by the prescribed medical authority, be referred by
the Inspector for decision to the prescribed medical authority.

11. Maintenance of register. There shall be maintained by every occupier in

respect of children employed or permitted to work in any establishment, a
register to be available for inspection by an Inspector at all times during
working hours or when work is being carried on in any such establishment,
showing--
(a) the name and date of birth of every child so employed or permitted to work;
(b) hours and periods of work of any such child and the intervals of rest to
which he is entitled;
(c) the nature of work of any such child; and
(d) such other particulars as may be prescribed.

12. Display of notice containing abstract of sections 3 and 14.

Every railway administration, every port authority and every occupier shall
cause to be displayed in a conspicuous and accessible place at every station on
its railway or within the limits of a port or at the place of work, as the case may
be, a notice in the local language and in the English language containing an
abstract of sections 3 and 14.

13. Health and safety. (1) The appropriate Government may, by notification in
the Official Gazette, make rules for the health and safety of the children
employed or permitted to work in any establishment or class of establishments.
(2) Without prejudice to the generality of the foregoing provisions, the said
rules may provide for all or any of the following matters, namely:--
(a) cleanliness in the place of work and its freedom from nuisance;
(b) disposal of wastes and effluents;
(c) ventilation and temperature;
(d) dust and fume;
(e) artificial humidification;
(f) lighting;
(g) drinking water;
(h) latrine and urinals;
(i) spittoons;
(j) fencing of machinery;
(k) work at or near machinery in motion;
(l) employment of children on dangerous machines;
(m) instructions, training and supervision in relation to employment of children
on dangerous machines;
(n) device for cutting off power;
(o) self-acting machines;
(p) easing of new machinery;
(q) floor, stairs and means of access;
(r) pits, sumps, openings in floors, etc.;
(s) excessive weights;
(t) protection of eyes;
(u) explosive or inflammable dust, gas, etc.;
(v) precautions in case of fire;
(w) maintenance of buildings; and
(x) safety of buildings and machinery.

14. Penalties.
(1) Whoever employs any child or permits any child to work in contravention of
the provisions of section 3 shall be punishable with imprisonment for a term
which shall not be less than three months but which may extend to one year or
with fine which shall not be less than ten thousand rupees but which may extend
to twenty thousand rupees or with both.
(2) Whoever, having been convicted of an offence under section 3, commits a
like offence afterwards, he shall be punishable with imprisonment for a term
which shall not be less than six months but which may extend to two years.
(3) Whoever--
(a) fails to give notice as required by section 9; or
(b) fails to maintain a register as required by section 11 or makes any false entry
in any such register; or
(c) fails to display a notice containing an abstract of section 3 and this section as
required by section 12; or
(d) fails to comply with or contravenes any other provisions of this Act or the
rules made there under. Shall be punishable with simple imprisonment which
may extend to one month or with fine which may extend to ten thousand rupees
or with both.

15. Modified application of certain laws in relation to penalties.

 (1) Where any person is found guilty and convicted of contravention of any of
the provisions mentioned in sub-section (2),he shall be liable to penalties as
provided in sub-sections (1) and (2) of section 14 of this Act and not under the
Acts in which those provisions are contained.
(2) The provisions referred to in sub-section (1) are the provisions mentioned
below:--
(a) section 67 of the Factories Act, 1948 (63 of 1948);
(b) section 40 of the Mines Act, 1952 (35 of 1982);
(c) section 109 of the Merchant Shipping Act, 1958 (44of 1958); and
(d) section 21 of the Motor Transport Workers Act, 1961 (27of 1961).

16. Procedure relating to offences.

(1) Any person, police officer or Inspector may file a complaint of the
commission of an offence under this Act in any court of competent jurisdiction.
(2) Every certificate as to the age of a child which has been granted by a
prescribed medical authority shall, for the purposes of this Act, be conclusive
evidence as to the age of the child to whom it relates.
(3) No court inferior to that of a Metropolitan Magistrate or a Magistrate of the
first class shall try any offence under this Act.

17. Appointment of Inspectors.

The appropriate Government may appoint Inspectors for the purposes of
securing compliance with the provisions of this Act and any Inspector so
appointed shall be deemed to be a public servant within the meaning of the
Indian Penal Code
(45 of 1860).

18. Power to make rules.

(1) The appropriate Government may, by notification in the Official Gazette
and subject to the condition of previous publication, make rules for carrying
into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:--
(a) the term of office of, the manner of filling casual vacancies of, and the
allowances payable to the Chairman and members of the Child Labour
Technical Advisory Committee and the conditions and restrictions subject to
which a non-member may be appointed to a sub-committee under sub-section
(5) of section 5;
(b) number of hours for which a child may be required or permitted to work
under sub-section (1) of section 7;
(c) grant of certificates of age in respect of young persons in employment or
seeking employment, the medical authorities which may issue such certificate,
the form of such certificate, the charges which may be made there under and the
manner in which such certificate may be issued: Provided that no charge shall
be made for the issue of any such certificate if the application is accompanied
by evidence of age deemed satisfactory by the authority concerned;
(d) the other particulars which a register maintained under section 11 should
contain.

19. Rules and notifications to be laid before Parliament or State legislature.

(1) Every rule made under this Act by the Central Government and every
notification issued under section 4, shall be laid, as soon as may be after it is
made or issued, before each House of Parliament, while it is in session for a
total period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or notification or both Houses agree that
the rule or notification should not be made or issued, the rule or notification
shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that rule or
notification.
(2) Every rule made by a State Government under this Act shall be laid as soon
as may be after it is made, before the legislature of that State.

IMPORTANT CASES RELATED TO CHILD LABOUR LAWS 

There are some cases which have been considered as landmark case. Which laid
down some of the important guidelines. They are:-
CASE NO: 1
M.C.Mehta Vs.State of Tamil Nadu & Others– In this case bench compromising
of Justice Kuldip Singh, B.L. Hansaria, And S.B.Majumdar issued several
direction:-
 (1) Payment of compensation of Rs. 20,000 by the offender employer for every
child employed in contravention of the Act.
(2) Constitution of a child Labour Rehabilitation and Welfare Fund
(3) Alternate employment to an adult member of the family in place of the child
withdrawn from the hazardous occupation, or payment of Rs.5,000 for each
child employed in hazardous employment by the appropriate government(either
central or state) to the family of the child withdrawn from work.
(4) Provision of education in a suitable institution for the child withdrawn from
work in hazardous and prohibited categories of employment. In the non-
hazardous category, the court permitted children to work for 4-6 hours a day
and receive education for two hours a day with a clear direction that the cost of
such education should be borne by the employer of the establishment
concerned.
(5) Constitution of a separate cell in the Labour Department of the appropriate
government to monitor the implementation of these directions.
CASE NO: 2
Bandhua Mukti Morcha Vs. Union of India and others:- Honable Judges
Amrendra Nath Sen, P.N. Bhagwati and R.S.Pathak:- There were 21 guildlines
have been given in these case. Some of them are:-
(1) The Central Government and the Government of Haryana will ensure that
minimum wage is paid to the women and/or children who look after the
vessels/in which pure drinking water is kept for the workmen.
(2) There should also be the arrangement of the appropriate medical facility and
First Aid Facility
(3) The medical facility should be free of cost.