UGC NET/JRF EXAM, DECEMBER-2023 Labour and Social Welfare

The formation of the Madras Labour Union, one of the earliest labour unions in India, was influenced by several factors that relate to the broader socio-economic and political context of the time.

These include (a) the status of the labourer in relation to his employer, which directly impacts the economic and industrial life of the country;

(b) the status of the labourer as a citizen affected by and affecting the political movements and their results; and

(c) the status of the labourer in the international world of labour, which gained prominence following the Russian Revolution.

These factors highlight the intersection of labour rights with broader political and social movements, emphasizing the labourer's role not just in the workplace but as an active participant in shaping broader societal changes.

The union's formation was part of a larger effort to address grievances of workers and improve their conditions, influenced by global labour movements and the changing political landscape in India.

The three-tier system of participation recommended by the Tripartite Committee on Worker's Participation in 1977 under the Chairmanship of Shri Ravindra Verma includes (b) Shop floor Level, (c) Plant Level, and (d) Corporate Level.

This model was designed to facilitate effective participation of workers in management decisions across various levels of an organization. At the shop floor level, the focus is on immediate productionrelated issues.

At the plant level, broader operational decisions are addressed, and at the corporate level, strategic decisions that affect the company as a whole are discussed.

This tiered approach allows for comprehensive inclusion of employee input in organizational decision-making, ensuring that workers have a voice in matters from local to strategic levels, which can improve relations, enhance commitment, and boost productivity.

By the end of 1933, the All India Trade Union Congress (AITUC), the Red Trade Union Congress (RTUC), and the National Trade Union Federation (NTUF) 54. were all established trade union organizations in India.

These organizations represented various political ideologies and were part of a broader movement toward organizing labour in India. AITUC was the first national level trade union, founded in 1920 and primarily aligned with the Indian National Congress.

RTUC was aligned with communist ideologies, emphasizing a more radical approach to labour rights, while NTUF represented a more moderate approach, focusing on pragmatic solutions to labour issues.

The presence of these diverse organizations highlights the dynamic nature of labour movements in India during the early 20th century, driven by different ideological currents and responses to the country's socio-economic challenges.

A lockout involves the temporary closure of a place of employment or the suspension of work and is often used by employers as a countermeasure to a strike or when anticipating a labour dispute. It serves as a means to enforce terms of employment upon the workforce by halting all operations.

This method can also be initiated due to the apprehension of industrial disputes, violence, or damage, aimed at protecting the assets and personnel of the company during tumultuous periods.

The definition of lockout does not include the termination of employment by retrenchment, which is a separate and distinct action typically involving a permanent reduction in the workforce due to economic pressures, not related to labour disputes or disciplinary measures.

Thus, lockout is correctly defined by the closure of business operations as a strategic or preventive response to labour issues, distinct from employment termination strategies such as retrenchment.

Inspectors appointed under various labour legislations play a crucial role in the enforcement of labour laws. Their responsibilities include enforcing labour laws and related regulations, advising employers and workers on compliance, and issuing show cause notices to employers who fail to comply with the legal provisions.

Additionally, if compliance is not achieved after the issuance of a show cause notice, inspectors have the authority to initiate legal proceedings by filing prosecutions in the concerned courts.

This multi-faceted role ensures that labour laws are not only enforced but also understood by all parties, facilitating a smoother implementation of these laws. Inspectors do not typically serve as arbitrators in disputes; their role is more aligned with enforcement and compliance rather than arbitration, which is generally handled by different entities within the labour relations framework.

Under the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, the duties of a contractor include furnishing particulars about the inter-state migrant workmen in a prescribed form to the specified authority from which the workman is recruited.

Additionally, contractors are required to issue each inter-state migrant workman a passbook affixed with a passport-sized photograph, which includes details about employment, payment of wages, and working hours.

When a migrant workman ceases to be employed, the contractor must also furnish a return in a prescribed form to the specified authority, providing a formal record of the workman's employment cessation.

These provisions ensure transparency and accountability in the employment of migrant workers, safeguarding their rights and facilitating better regulatory oversight.

The certifying surgeon appointed under 58. the provisions of the Mines Act, 1952 has specific duties related to the health and safety of workers engaged in dangerous occupations or processes within mines.

These duties include the medical examination of persons engaged in such activities to ensure they are fit for work and to identify any health issues that may be exacerbated by the mine environment.

Additionally, the certifying surgeon is responsible for conducting medical supervision as prescribed for any mine where cases of illness related to the mining activities have occurred, aiming to mitigate health risks and ensure appropriate medical care.

The duties of the certifying surgeon do not typically include conducting enquiries into accidents or for the payment of disability allowances, as these are generally handled by other designated authorities or parts of the mine management and health and safety teams.

Under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, the appropriate government may make rules to fix the number of hours of work which shall constitute a normal working day, provide for a day of rest in every period of seven days, fix the number of hours of work for a normal working day inclusive of one or more specified intervals, and ensure payment of full remuneration in respect of such days of rest.

These provisions are designed to regulate the working conditions in the construction sector, ensuring that workers have adequate rest and are compensated fairly for their labour, especially during rest days.

This legislative framework helps in maintaining a balance between work and rest for construction workers, promoting better health and reducing the risk of accidents due to fatigue.

The Employees Provident Fund and Miscellaneous Provisions Act, 1952 applies to every establishment which is a factory engaged in any industry specified in Schedule I of the Act, and to any other establishment employing 20 or more persons or class of such establishments that the Central Government may notify.

However, the statement regarding establishments registered under the Cooperative Societies Act, 1912, employing less than 50 persons working without the aid of power is not correct.

The Act does not typically apply to cooperative societies unless they meet the other criteria specified in the Act, such as the number of employees and the nature of the industry.

This provision ensures that the Act covers a wide range of establishments while focusing on those with a significant number of employees or those engaged in industries where workers' provident fund and pension benefits are deemed essential.

As per the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, a pension fund is to be created with such sums from the employer's contribution not exceeding eight and onethird percent of the basic wages, dearness allowance, and retaining allowances of any concerned employee,

The net assets of the Employees' Family Pension Fund as on the date of the establishment of the Pension Fund, and such sums as the Central Government may, after due appropriation by the Parliament by law.

This framework allows for a robust mechanism to ensure that employees receive pension benefits, which are crucial for their financial security post-retirement. The combination of contributions from different sources ensures the sustainability and adequacy of the pension fund.