Part II of the article, followed by Part I, consists of various welfare provisions under Factories Act, 1948 and landmark judicial interpretation;
PART - II
8. WELFARE
PROVISIONS UNDER THE FACTORIES ACT, 1948:
The
Factories Act, 1948 is one of the major central legislations designed to
regulate the working conditions of workmen in the factories. It lays down all
essential provisions relating to cleanliness, ventilation, lighting, sanitary
arrangements, health, safety and welfare of the workers in the factories. This
Act is applicable to the factories where in ten or more workers are working, or
were working on any day of the preceding twelve months and in which a
manufacturing process is being carried on with the aid of power or twenty or
more workers without the aid of power.
Ø PROVISIONS REGARDING HEALTH OF THE FACTORY
WORKERS:
To
take care of the health of workers in factories, The Factories Act, 1948 has
provided for certain measures which are stated below:
1.
CLEANLINESS OF THE FACTORY PREMISES: -
Every
factory shall be kept clean and free from effluvia arising from any drain,
privy or other nuisance. It is specifically provided that in a factory
(a)
Accumulations of dirt and refuse shall be removed daily, by sweeping or any
other method, from the floors and benches of work rooms and from stair cases
and passages, and disposed of in a suitable manner;
(b)
The floor of every room shall be cleaned. This shall be done at least once
every week by washing, using disinfectant or by some other effective method;
©
Where a floor is liable to become wet in the course of any manufacturing
process to such an extent as is capable of being drained, effective means of
drainage shall be provided.
(d)
All inside wall and partitions, all ceilings or tops of rooms and all walls,
sides and tops of passages and staircases shall
i.
Be painted or varnished, and repainted and
revarnished at least once in a period of five years; where they are painted or
varnished, be cleaned at least once in a period of 14 months by such methods as
may be prescribed by the Government.
ii.
Where painting or varnishing is not
required, be kept white washed or colour washed, and the white washing or
colour washing shall be carried out at least once in every period of 14 months.
2.
DISPOSAL OF WASTES AND EFFLUENTS:
Effective
arrangement shall be made for the disposal of wastes and effluents arising out
of manufacturing process in the factories.
3.
VENTILATION AND TEMPERATURE:
Provision
to be made for ventilation and regulation of temperature in the factories.
Effective and suitable measures shall be adopted for securing and maintaining
in every room –
—
Adequate ventilation by the circulation of fresh air, and
—
Such a temperature as will secure to workers reasonable conditions of comfort,
and prevent injury to health, and in particular the walls and roofs shall be of
such material and so designed that such temperature shall not exceed but kept
within reasonable limits. The state government shall prescribe the standards of
adequate ventilation and reasonable temperature for any factory or part
thereof.
4.
DUST AND FUME:
In
every factory, where due to manufacturing process, dust or fume or other impurity
arise which is likely to be injurious to the health of workers employed,
effective measures shall be taken to prevent its inhalation, and accumulation
in any workroom. If it is necessary to install exhaust appliances, it would be
installed near the point of origin of the dust, fumes, or other impurity.
Measures shall be taken to enclose such points.
5.
ARTIFICIAL HUMIDIFICATION:
Artificial
creation of humidity is employed in India in cotton textile mills and in
cigarette making factories. In respect of factories, where humidity of the air
is artificially increased, it is provided to make rules—
—
Prescribing standard of humidification;
—
Regulating the methods used for artificially increasing the humidity of the
air;
—
Directing prescribed tests for determining the humidity of the air to be
correctly carried out and recorded, and
—
Prescribing methods to be adopted for securing adequate ventilation and cooling
of the air and the work rooms.
6.
OVERCROWDING:
No
room in any factory shall be overcrowded to such an extent which becomes
injurious to the health of the workers employed therein. The Chief Inspector of
factories by order in writing shall fix the maximum member of workers to be
employed in each room in the factory.
7.
LIGHTING:
The
Factories Act provides for sufficient and suitable lighting, natural or
artificial where workers are working or passing through. Provision of cleaning
of inner and outer surface is provided for all glazed windows and skylights
used for the lighting of the workrooms. In every factory, effective provision
shall be made for the prevention of
a. glare,
either directly from a source of light or by reflection from a smooth or
polished surface;
b. the
formation of shadows to such an extent as to cause eyestrain or the risk of
accident to any worker.
8.
DRINKING WATER:
In
every factory, effective arrangement shall be made at suitable places for
sufficient supply of wholesome drinking water. Such places shall be legibly
marked Drinking Water in a language understood by a majority of the workers
employed in the factory. In case of factories employing more than 250 workers,
provisions shall be made for cooling drinking water during hot weather by
effective means, and for its distribution.
9.
LATRINES AND URINAL:
The
Factories Act requires that provision should be made for;
a)
Sufficient latrine and urinal accommodation conveniently situated and
accessible to workers while they are in the factory;
b)
Separate enclosed accommodation for male and female workers;
c)
Such accommodation being adequately lighted and ventilated;
d)
All such accommodation being maintained in a clean and sanitary condition;
e)
Sweepers being employed to clean latrines, urinals and washing places.
Where
the number of workers in a factory is more than 250 –
i)
Latrines and urinals shall be of prescribed sanitary types;
ii)
The floor and internal walls of the latrines and urinals shall be laid with
glazed tiles;
iii)
Floors and walls and the sanitary pans of latrines and urinals shall be
thoroughly washed and cleaned at least once in every seven days with suitable
detergents or disinfectants or with both.
10.
SPITTOONS:
Sufficient
number of spittoons must be provided in every factory and maintained in clean
and hygienic condition. No person shall spit within the premises of a factory
except in the spittoons. A notice containing this provision and the penalty for
its violation shall be prominently displayed at suitable places in the factory
premises.
Ø SAFETY
PROVISIONS UNDER THE ACT FOR THE WORKER EMPLOYED:
The
Factories Act provides for the following safety measures: —
1.
FENCING OF MACHINERY:
In
every factory, measures should be taken for secured fencing of machinery.
Safeguards of substantial construction must be raised and constantly maintained
and kept in position while the parts of machinery are in motion or in use.
Fencing is necessary in respect of:
—
Every moving part of a prime mover;
—
Headrace and tailrace of every water-wheel and water turbine;
—
Every part of an electric generator, a motor or a rotary convertor;
—
Every part of transmission machinery; and
—
Every dangerous part of any other machinery.
It
was held in Caroll
vs. Andrew Barely
and Sons Ltd. that the duties under Sec 21 is not only
confined to shutting off the employee from danger, but includes shutting in the
machinery so that it cannot fly out and strike the workmen if it breaks.
2.
WORK ON OR NEAR MACHINERY IN MOTION:
Where
in any factory, it becomes necessary to examine any part of machinery, while
the machinery is in motion, such examination shall be carried out only by
specially trained adult male workers. Such workers shall wear tight fitting
clothing and their names shall be recorded in the register prescribed in this
connection. The machinery in motion with which such workers would otherwise be
liable to come in contact during the course of its examination, shall be
securely fenced to prevent such contact. No woman or young person shall be
allowed to clean, International Journal of Pure and Applied Mathematics Special
Issue 264 lubricate or adjust any part of a prime mover or transmission
machinery, while the machinery is in motion.
3.
EMPLOYMENT OF YOUNG PERSONS ON DANGEROUS MACHINE:
The
Factories Act prohibits employment of young persons on certain types of
machines as specified under Sec.23 of the Act. They can work only after they
have been fully instructed as to the dangers arising in connection with the
machines and the precautions to be observed. They should have received
sufficient training in work at such machines. They should be under adequate
supervision by a person who has a thorough knowledge and experience of the
machines.
4.
STRIKING GEAR AND DEVICES FOR CUTTING OFF POWER:
In
every factory —
i)
Suitable striking gear or other efficient mechanical appliances shall be
provided and maintained, and used to move driving belts to and from fast and
loose pulleys which form part of transmission machinery. Such gear or appliances
shall be so constructed, placed and maintained as to prevent the belt from
creeping back on to the fast pulley.
ii)
Driving belts when not in use, shall not be allowed to rest or ride upon shaft
in motion. In every factory, suitable devices for cutting off power in
emergencies from running machinery shall be provided and maintained in every
workroom.
5.
SELF-ACTING MATCHINE:
No
traversing part of a self-acting machine in any factory, and no material
carried thereon shall, if the space over which it runs, is a space cover which
any person is liable to pass, whether in the course of his employment or
otherwise, be allowed to run on its outward or inward traverse within a
distance of eighteen inches from any fixed structure which is not a part of the
machine.
6.
CASHING NEW MACHINERY:
Every
set screw, bolt or key on any revolving shaft, spindle, wheel, or pinion shall
be so sunk, encased or otherwise effectively guarded as to prevent danger in
all machinery driven by power and installed in the factory. The State
government is authorized to make rules specifying further safeguards to be
provided in respect of any dangerous part of any particular machine or class or
description of machines in this connection.
7.
PROHIBITION OF EMPLOYMENT OF WOMEN AND CHILDREN AND CHILDREN:
No
women or child shall be employed in any part of a factory where pressing a
cotton–opener is at work.
8.
HOISTS AND LIFTS:
In
every factory—
i)
Hoists and lifts shall be of good mechanical construction, sound material and
of adequate strength;
ii)
They shall be properly maintained, and shall be thoroughly examined by a
competent person at least once in every period of six months. A register shall
be kept containing the prescribed particulars of each such examination;
iii)
Every hoist way and lift way shall be sufficiently protected by an enclosure
fitted with gates, and the hoist or lift and every such enclosure shall be so
constructed as to prevent any person or thing from being trapped between any
part of the hoist or lift and any fixed structure or moving part.
iv)
The maximum safe working load shall be plainly marked on every hoist or lift,
and no load greater than such load shall be carried thereon.
v)
The cage of every hoist or lift used for carrying persons shall be fitted with
a gate on each side from which access is afforded to a landing.
vi)
Every gate shall be fitted with interlocking or other efficient device to
secure that the gate cannot be opened except when the cage is at the landing
and that the cage cannot be moved unless the gate is closed.
Where
in the hoists and lifts used for carrying persons, the cage is supported by
rope or chain, there shall be at least two ropes or chains separately connected
with the cage and balance weight, and each rope or chain with its attachments
shall be capable of carrying the whole weight of the cage together with its
maximum load. Efficient devices shall be provided and maintained capable of
supporting the cage together with its maximum load in the event of breakage of
the rope, chain or attachments. An efficient automatic device shall be provided
and maintained to prevent the cage from overrunning.
9.
LIFTING MACHINES, CHAINS, ROPES AND LIFTING TACKLES:
In
every factory, following safety measures shall be adopted in respect of every
lifting machine and every chain, rope and lifting tackle for the purpose of
raising or lowering persons, goods or materials:
a)
All parts including the working gear of every lifting machine and every chain,
rope or lifting tackle shall be: a. of good construction, sound material and
adequate strength, and free from defect; b. properly maintained; and c.
thoroughly examined by a competent person at least once in every period of
twelve months.
b)
No lifting machine and no chain, rope, or lifting tackle shall be loaded beyond
the safe working load which shall be plainly marked on it.
c)
While any person is employed or working on or near the wheel track of a
travelling crane in any place where he would be liable to be struck by the
crane, effective measures shall be taken to ensure that the crane does not
approach within twenty feet of that place. A lifting machine or a chain, rope
or lifting tackle shall be thoroughly examined in order to arrive at a reliable
conclusion as to its safety.
10.
REVOLVING MACHINE:
Effective
measures shall be taken in every factory to ensure that the safe working
peripheral speed of every revolving vessel, cage, basket, flywheel, pulley disc
or similar appliance driven by power is not exceeded. A notice indicating the
maximum safe working peripheral speed of every revolving machinery shall be put
up in every room in a factory in which the process of grinding is carried on.
11.
PRESSURE PLANT:
If
in any factory, any part of the plant or machinery used in a manufacturing
process is operated at a pressure above atmospheric pressure, effective
measures shall be taken to ensure that the safe working pressure of such part
is not exceeded.
12.
FLOORS, STAIRS, AND MEANS OF ACCESS:
In
every factory—
a)
all floors, steps, stairs and passages shall be of sound construction and
properly maintained, and where it is necessary to ensure safety, steps, stairs,
and passages shall be provided with substantial hand rails;
b)
there shall, so far as is reasonably practicable, be provided, and maintained
safe means of access to every place at which any person is at any time required
to work.
It
was held in Davies
vs. Havill and
Aircraft Co. Ltd. that no breach of statutory duty imposed
under this section is occasioned if an injury is caused by accumulation of rain
water in little depression in the concrete of the passage.
In
Cole
vs. Blackstone Co. Ltd. it
was held that the obligation imposed by this section is not discharged by
saying that the occupier has taken all practical steps to ascertain the
goodness and efficiency.
13.
PITS, SUMPS, OPENING IN FLOOR ETC:
In
every factory, every fixed vessel, sump, tank etc. which may be a source of
danger, shall be either securely covered or securely fenced. Securely fencing a
pit means covering or fencing it in such a way that it ceases to be a source of
danger.
14.
EXCESSIVE WEIGHTS:
No
person shall be employed in any factory to lift, carry or move any load so
heavy as to be likely to cause him an injury.
15.
PROTECTION OF EYES:
If the manufacturing process carried on in any
factory is such that it involves (a) risk of injury to the eyes from particles
thrown off in the course of the process or (b) risk to the eyes by reason of
exposure to excessive lights, effective screens or suitable goggles shall be
provided for the protection of persons employed on, or in the immediate
nearness of, the process.
In Finch
vs. Telegraph Construction and
Maintenance Co. Ltd., it was held that hanging of goggles
in the office room is not enough, but the workers must be informed of their
whereabouts, only then the requirements of Sec 35 can be said to have been
complied with.
16.
PRECAUTIONS AGAINST DANGEROUS FUMES:
i) No person shall enter any chamber, tank,
vat, pit, pipe or other confined space in a factory in which dangerous fumes
are likely to be present to such an extent as to cause risk of persons being
overcome thereby;
ii)
No portable electric light of voltage exceeding twenty four volts shall be
permitted in any factory for use inside any confined space. Where the fumes
present are likely to be inflammable no lamp or light, other than of
flame–proof nature, shall be allowed to be used.
iii)
No person in any factory shall be allowed to enter any confined space, until
all practicable measures have been taken to reverse any fumes which may be
present and to prevent any ingress of fumes.
iv)
Suitable breathing apparatus, reviving apparatus and belts and ropes shall be
kept in every factory for instant use. All such apparatus shall be periodically
examined and certified by a competent person to be fit for use.
v)
No person shall be permitted to enter in any factory, any boiler, furnace, chamber,
tank, pipe, or other confined space for the purpose of working or making any
examination until it has been sufficiently cooled by ventilation or otherwise
to be safe for persons to enter.
17.
EXPLOSIVE OR INFLAMMABLE DUS, GAS ETC:
If
any manufacturing process in the factory produces dust, gas, fume, or vapour of
such a nature as is likely to explode on ignition, measures shall be taken to
prevent any such explosion by:
—
Effective enclosure of the plant or machinery used in the process;
—
Removal or prevention of the accumulation of such dust, gas, fume or vapour;
—
Exclusion or effective enclosure of all possible source of ignition. Measures
shall also be adopted to restrict the spread and effects of the explosion by
providing in the plant or machinery of chokes, baffles, vents, or other
effective appliances.
18.
PRECAUTIONS IN CASE OF FIRE:
i)
Every factory shall be provided with such means of escape in case of fire as
may be prescribed;
ii)
In every factory, the doors affording exit from any room shall not be locked so
that they cannot be easily and immediately opened from the inside while any
person is within the room, and all such doors, unless they are of sliding type,
shall be constructed to open outwards.
iii)
Every door, window or other exit affording a means to escape in case of fire
shall be distinctively marked in a language understood by the majority of the
workers. Such marking should be in red letters of adequate size or by some
other effective and clearly understood sign.
iv)
An effective and clearly audible means of giving warning, in case of fire, to
every person shall be provided in the factory.
v)
A free passage–way giving access to each means of escape in case of fire shall
be maintained for the use of all workers in the factory.
vi)
Effective measures shall be taken to ensure that in every factory all workers
are familiar with the means of escape in case of fire and have been adequately
trained in the routine to be followed in such a case.
19.
SAFETY OF BUILDING AND MACHINERY:
In
case it appears that any building, machinery or plant in a factory is in such a
condition that it is dangerous to human life or safety, the manager of the
factory may be served an order specifying measures to be adopted as prescribed.
Ø WELFARE
PROVISIONS:
1.
WASHING FACILITIES:
The
Factories Act provides for - a) adequate and suitable facilities for washing
for the use of workers in the factories. The workers who live in crowded areas
have inadequate facilities for washing at their homes, and bathing facilities
add to their comfort, health and efficiency.
b)
Separate and adequately screened washing facilities for the use of male and
female workers.
c)
Such facilities being conveniently accessible, and being kept clean.
2.
FACILITIES FOR STORING AND DRYING CLOTHES:
A
suitable place for keeping clothes not worn during working hours shall be
provided in every factory. Facilities shall also be provided for the drying of
wet clothes.
3.
FACILITIES FOR SITTING:
For
workers who are to work in a standing position, suitable arrangement for
sitting shall be provided in the factories. This is to enable workers to take
advantage of any opportunity for rest which may occur in the course of their
work
4.
FIRST AID APPLIANCE:
First-aid
boxes or cupboards equipped with the required contents should be provided for
workers in every factory. This should be readily accessible to them during all
working hours. The number of such first aid boxes shall not be less than one
for every 150 workers employed in the factory. Such first-aid box shall be kept
in the charge of a responsible person who is trained in first-aid treatment and
who shall be available during the working hours of the factory. In factories
employing more than 500 workers, there shall be an ambulance room. It should
contain the prescribed equipment’s, and be in the charge of such medical and
nursing staff as may be prescribed.
5.
CANTEENS:
In
factories employing more than 250 workers, there shall be a canteen for the use
of workers. The government may prescribe the rules in respect of the,
—
Food stuff to be served in the canteen;
—
Charges to be made;
—
Constitution of a managing committee for the canteen; and
—
Representation of the workers in the management of the canteen.
It was held by the Madras High Court in Elangovan M. and Others
vs. Madras Refineries Ltd.,
that the employees of a canteen run in compliance to statutory duty are workmen
of the establishment running the canteen for the purposes of Factories Act,
1948 only and not for all purposes.
In
Haldia Refinery Canteen Employees Union and
Another
vs. Indian Oil Corporation Ltd.
and Others, the respondent corporation was running a
statutory canteen through a contractor. The workmen employed by the contractor
in the canteen claimed regularization in service of the corporation. The
Supreme Court held their claim as not sustainable because the control that the
respondent corporation exercised over the contractor was only to ensure that
the canteen was run in efficient manner. Further the corporation was not
reimbursing to the contractor the wages of the workmen. Secondly two
settlements had been made between the contractor and the canteen workmen and
the respondent was not a party to either of them. Therefore, it was held that
the workmen in canteen became workers of the respondent corporation only for
the purposes of the Factories Act, 1948 and not for any other purpose.
6.
SHELTERS, RESTROOMS AND LUNCH ROOMS:
Adequate
and suitable shelters, rest rooms, and lunch rooms with drinking water facility
shall be made in factories employing 150 workers or more. Workers can eat meals
brought by them in such rooms. Rest and lunch rooms shall be sufficiently
lighted and ventilated. It shall be maintained in cool and clean conditions.
7.
CRECHES:
In
every factory, where more than 50 women workers are employed, provision shall
be made for suitable and adequate room for the use of children under the age of
six years of such women. Such a room shall be adequately lighted and
ventilated. It shall be maintained in clean and sanitary conditions under the
charge of a woman trained in the care of children and infants.
8.
WELFARE OFFICER:
The
factories Act also provides for employment of welfare officers with prescribed
qualification to look into the implementation of various facilities provided
for. Such a provision exists in every factory employing more than 500 workers.
It
was held in Employees Association of Northern India
vs. Secretary of Labour, that the provision of
this section shall apply to those sugar factories also wherein five hundred or
more workers are employed for a few months in a year. Under what circumstances
and subject to what conditions, an employee services can be terminated can well
be the subject matter of a contract of employment, because conditions of
service would take in the termination of service and incidentally, the
conditions subject to which such termination could be brought about. That being
so a rule imposing on the management obligation to secure the concurrence of
the Labour Commissioner before inflicting the punishment, cannot be said to
fall outside Section 49(2) of the Factories Act.
In Arun Kumar Bali
vs.
Government of N.C.T. of Delhi and Others,
the petitioner was employed as a Welfare Officer. As per his letter of
appointment his services could be terminated by the employer either by giving
two months prior notice or by paying two months’ salary in lieu of notice. The
service of petitioner was terminated in terms of his letter of appointment.
Feeling aggrieved by his termination he moved a Writ Petition. Dismissing the
petition, the High Court held that the termination of Welfare Officer service
in terms of contract of employment could not be challenged as it was a
termination simpliciter in terms of stipulation contained in his letter of
appointment.
The
principle of equal pay for equal work is enshrined in Article 39(d) of the
Constitution. For the first time, this principle was considered in Kishori
Mohanlal Bakshi vs. Union of India in 1962, Supreme Court then
ruled that it was not capable of being enforced in a court of law. The Apex
court changed its mind in 1982 when in Randhir Singh vs. Union of India, through a
3-judge bench, it held that:
The
principle of ‘equal pay for equal work’, which meant equal pay for
everyone irrespective of sex, was deducible from preamble and Articles 14,16
and 39(d) of the Constitution. The principle of equal pay for equal work was
held to be applicable to cases of unequal scales of pay, based on
classification or irrational classification, though both sets of employees
performed identical duties and responsibilities.
In D
S Nakara vs. Union of India, where the subject matter was related to
pension, not a wage, speaking through the constitutional bench of
five judges, it observed that:
Article
38(1) enjoins the State to strive to promote the welfare of the people by
securing and protecting as effective as it may a social order in which justice‑
social, economic and political shall inform all institutions of the national
life. In particular, the State shall strive to minimize the inequalities in
income and endeavor to eliminate inequalities in status, facilities and opportunities.Art.39
(d) enjoins a duty to see that there is equal pay for equal work for both men
and women and this directive should be understood and interpreted in the light
of the judgement of this court in Randhir Singh vs. Union of India.
The
jurisprudence developed through these two case laws was recently applied by the
Apex Court in the case of State of Punja vs. Jagjit Singh, where
it held that temporarily engaged employees are entitled to minimum of the
regular pay scale, along with dearness allowance on account of their performing
same duties, which are discharged by those engaged on regular basis, against
sanctioned posts.
10. CONCLUSION:
After
the independence, the Government of India makes strict rules and regulations to
safeguard the interest of the workers in the factories. The welfare schemes are
provided to the workers as per the various provisions The Factories Act, 1948
for the benefit of employees of the factories.
Analyzing
the benefits of the welfare provisions, welfare facilities to the employees the
productivity of the employees increases and ultimately profit increases.
According
to Section 49 of The Factories Act, 1948 – "In every factory wherein five
hundred or more workers are ordinarily employed the occupier shall employ in
the factory such number of welfare officers as may be prescribed". The
major role of welfare officer is to facilitate and observe the welfare measures
for the employees in the organization. factories Act is made for social
legislation enacted for occupational safety, health and welfare of workers in
workplace.
The
welfare measures are defined in the same way as defined by the I.L.O. at its
Asian Regional Conference, ‘A term which is understood to include such
services, facilities and amenities as may be established in or in the vicinity
of undertakings to enable the persons employed in them to perform their work in
healthy, congenial surroundings and to provide them with amenities conducive to
good health and high morale’.
(PART - I)
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