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

In the case of the closure of an organization due to unavoidable circumstances beyond the control of the employer, the maximum compensation to a workman would be three months' salary. This is based on the provisions in the Industrial Disputes Act, 1947, of India.

Such provisions are meant to safeguard the interests of the workmen who might suddenly find themselves unemployed due to no fault of their own. This compensation acts as a buffer, providing the worker some financial relief while they search for new employment.

The case "T.K. Rangarajan Vs. Government of Tamil Nadu" is a landmark judgment by the Supreme Court of India delivered on 6th August 2003. In this judgment, the two-judge bench declared that government servants do not have the fundamental, statutory, or equitable right to go on strike.

The verdict was a response to a massive strike by Tamil Nadu government employees in July 2003. This judgment underscores the balancing act that has to be done between the rights of employees to protest and the need to ensure the continuity of essential public services.

The question of framing standing orders came up for consideration during the Fifth Indian Labour Conference. Standing orders refer to the rules that regulate industrial employment. They can cover a range of issues, including the classification of workers, holidays, attendance, and termination procedures.

The Fifth Indian Labour Conference highlighted the. importance of having such standing orders to bring clarity and avoid industrial disputes that arise from ambiguities or misunderstandings between workers and management.

The schemes of Workers' Participation in Management (WPM) in 1983 was made applicable to Central Public Sector Undertakings. Workers' Participation in Management is a system where workers have a say in the decision-making process of an enterprise. The 1983 WPM schemes aimed to involve workers in the decision-making process at various levels, starting from the shop floor to the boardroom.

This was seen as a progressive step to increase productivity, improve industrial relations, and foster a sense of ownership and commitment among workers in Central Public Sector Undertakings.

Certifying surgeons for the purposes of the Factories Act, 1948, are appointed by the State Government. The role of a certifying surgeon, as per the Act, includes certifying that a person is fit to work in a factory, conducting examinations for young persons, or examining persons engaged in jobs involving hazardous operations.

Their appointment by the State Government ensures that there is a standardized criterion for medical examination across factories within the state, and it ensures the health and safety of workers. The Factories Act of 1948 is one of the primary legal frameworks in India that aims to ensure the safety, health, and welfare of factory workers.

In every mine employing more than one hundred and fifty (150) persons, a First Aid room should be provided and maintained. This provision is essential to ensure the health and safety of the workers. Mines, given their often dangerous working conditions, have a higher risk of accidents.

Having a First Aid room readily available ensures that in the event of an accident, immediate medical attention can be provided. This not only safeguards the well-being of the workers but can be instrumental in saving lives. Moreover, such facilities often increase the confidence of the workers in their workplace, knowing that their health and safety are taken into consideration.

According to the Child and Adolescent Labour Act, 1986, the period of work for an adolescent should be arranged in such a way that, inclusive of rest intervals, it should not spread over more than six hours.

The Act was designed to prohibit the engagement of children in specific employment and to regulate the conditions of work of children and adolescents. Protecting the younger workforce from exploitation and overexertion, the six-hour provision ensures they have enough rest and don't work beyond their physical capacity.

The Inter-State Migrant Workmen Act, 1979, applies to every establishment where five or more inter-state migrant workmen are employed, or were employed on any day of the preceding twelve months.

This Act was instituted to address the challenges faced by migrant workers, ensuring they receive equitable treatment in terms of wages, working conditions, and benefits.

Migrant workers often face exploitation due to their transient nature, and this Act serves as a protection, ensuring they get the same rights and privileges as their non-migrant counterparts.

Any claim arising out of payment of less than the minimum rates of wages under the Minimum Wages Act, 1948, should be presented to the appropriate authority within six months from the day it became payable.

The Minimum Wages Act was established to ensure that every worker gets at least a basic minimum wage for their work. By setting a timeframe for claims, the Act ensures timely redressal of grievances and reduces the chances of employers holding back rightful wages for an extended period.

When there is a dispute regarding the payment of a bonus pending before any authority, the bonus should be paid within one month from the date on which the award becomes enforceable or the settlement comes into operation. This provision in the Payment of Bonus Act ensures timely compensation to employees.

Bonuses are an essential component of an employee's compensation structure, often linked to their performance or the company's performance. By setting a clear timeframe for the disbursement of bonuses, the Act ensures that employees receive what they're owed promptly after any dispute is settled.