Labour Law 2 Unit 1 & 2 (Sem 4)
Unit 1
The Factories Act 1948
1.4 Important Definitions
1.5 Inspecting Staff (Inspecting Staff,
certifying surgeons, welfare officers,
safety officers)
1.6 Safety Measures (Fencing of
machinery, employment of young
persons on dangerous machines, work
on or near machinery in motion,
striking gear and devices for cutting off
power, self-acting machines, casing of
new machinery, prohibition of
employment of women and children
near cotton-openers, hoist and lifts,
safety measures in case of revolving
machinery, pressure plants, floors
stairs and means of access, pits sums
opening in floors etc, excessive
weights, protection twice, precautions
against dangerous fumes-gases etc,
precautions regarding the use of
portable electric lights, explosive or
inflammable dust-gas etc, precautions
in case of fire, power to require
specifications of defective parts or
tests of stability, safety of buildings and
machinery, maintenance of building,
safety officers, provisions relating to relating to
hazardous processes
Unit2:
The Factories Act 1948
2.1 Welfare (washing facilities, facilities for
storing and drying clothing, facilities for seating,
first-aid appliance, canteens, shelters-restrooms
and lunch rooms, crèches, welfare officers)
2.2 Working hours of adults (weekly hours,
weekly holidays, compensatory holidays, daily
hours, intervals for rest, spread over, night shifts,
prohibitions of over lapping shift, extra wages for
overtime, restrictions on double employment,
notice of periods of work for adults, register of
adult workers, presence of workers during rest
periods, power to make exempting rules, power to
make exempting orders, further restrictions on
employment of woman)
2.3 Employment of young persons (Prohibition of
employment of young children’s, non-adult
workers to carry tokens, certificate of fitness,
effects of certificate of fitness granted to
adolescent, working hours for children, notice of
periods of work for children, register of child
worker, hours of work to correspond with notice,
power to require medical examination, power to
make rules)
Unit 1 : Factories Act 1948 | Definitions, Case Laws, Safety Measures, Welfare Officers
Unit 2 : The Factories Act, 1948: Welfare, Working Hours & Child Labor Laws Sec 42–77
Unit 1: The Factories Act, 1948
Objective of the Act: To consolidate and amend the law regulating labour in factories, focusing on health, safety, welfare, working hours, and leave.
1.4 Important Definitions (Section 2)
To pass an LLB exam, you must quote the Section numbers and key phrases for definitions.
A. Factory [Section 2(m)]
A "Factory" is any premises including the precincts thereof:
Where 10 or more workers are working (or were working on any day of the preceding 12 months) and a manufacturing process is carried on with the aid of power.
Where 20 or more workers are working... and a manufacturing process is carried on without the aid of power.
Note: Mines, mobile units of armed forces, railway running sheds, hotels, and restaurants are generally excluded.
B. Manufacturing Process [Section 2(k)]
This is a very wide definition. It includes any process for:
Making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, or demolishing any article with a view to its use, sale, transport, delivery, or disposal.
Pumping oil, water, or sewage.
Generating, transforming, or transmitting power.
Composing types for printing.
Constructing, reconstructing, or repairing ships.
Preserving or storing articles in cold storage.
Example: Even "garbling of pepper" or "peeling potatoes" in large quantities for sale has been held to be a manufacturing process in various case laws.
C. Worker [Section 2(l)]
A person employed directly or through any agency (including a contractor), with or without the knowledge of the principal employer, whether for remuneration or not, in any manufacturing process or keeping the premises clean.
Crucial Exam Distinction: The relationship must be of "Master and Servant" (where the employer controls how the work is done).
Case Law Example: Chintaman Rao vs. State of M.P.: Workers rolling beedis at home were NOT considered "workers" under the Act because the factory owner had no control over their time or method of work.
D. Occupier [Section 2(n)]
The person who has ultimate control over the affairs of the factory.
Significance: In the case of a company, any one of the Directors shall be deemed to be the occupier. The Occupier is strictly liable for safety violations.
1.5 Inspecting Staff
The Act sets up an administrative hierarchy to ensure enforcement.
1. Inspectors (Section 8)
Appointment: Appointed by the State Government via Official Gazette.
Powers (Section 9):
Enter factory premises at reasonable times.
Examine premises, plants, machinery, and documents.
Inquire into accidents.
Seize or take copies of registers or records.
Take samples of substances used in the factory.
2. Certifying Surgeons (Section 10)
Who: Qualified medical practitioners appointed by the State Government.
Duties:
Examination and certification of young persons (to ensure they are fit for work).
Examination of persons engaged in dangerous occupations.
Medical supervision in cases of illness due to the nature of manufacturing.
3. Welfare Officers (Section 49)
Requirement: Mandatory in every factory wherein 500 or more workers are ordinarily employed.
Role: To act as a liaison between management and workers to ensure welfare provisions are met.
4. Safety Officers (Section 40B)
Requirement: Mandatory in every factory wherein:
1,000 or more workers are ordinarily employed, OR
The process involves a risk of bodily injury, poisoning, or disease.
1.6 Safety Measures (Chapter IV: Sections 21-41)
This is the most critical part of the unit. The Occupier must ensure strict compliance.
1. Fencing of Machinery (Section 21)
Every dangerous part of any machinery (e.g., flywheels, gears, belts) must be securely fenced by safeguards of substantial construction.
Example: A transmission belt moving at high speed must have a metal cage (guard) around it so a worker’s clothes do not get caught.
2. Work on or Near Machinery in Motion (Section 22)
Only a specifically trained adult male worker wearing tight-fitting clothing can examine, lubricate, or adjust machinery while it is moving. Women and young persons are strictly prohibited.
3. Employment of Young Persons on Dangerous Machines (Section 23)
No young person shall work at any machine deemed "dangerous" unless:
They have been fully instructed on the dangers.
They have received sufficient training.
They are under adequate supervision by an experienced person.
4. Striking Gear and Devices for Cutting off Power (Section 24)
Suitable devices (like levers or handles) must be provided in every workroom to instantly cut off power in emergencies.
Example: A large red "Emergency Stop" button easily accessible on a lathe machine.
5. Self-acting Machines (Section 25)
No traversing part of a self-acting machine (e.g., a robotic arm or automated loom) shall run within a distance of 45 cm from any fixed structure, to prevent a worker from getting crushed in that gap.
6. Casing of New Machinery (Section 26)
Every set screw, bolt, or key on any revolving shaft or spindle must be sunken, encased, or guarded to prevent snagging. This liability often extends to the seller or hire-vendor of the machine.
7. Prohibition of Employment of Women/Children near Cotton Openers (Section 27)
No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work.
Reason: Cotton openers pose a high risk of fire and machinery entanglement.
8. Hoists and Lifts (Section 28)
Must be of good mechanical construction and sound material.
Must be properly maintained and examined every 6 months.
Gates must lock so they cannot be opened unless the lift is at that landing.
9. Revolving Machinery (Section 30)
The maximum safe working speed must be clearly indicated on every grinding stone or abrasive wheel. The speed must not be exceeded.
10. Pressure Plants (Section 31)
If machinery is operated at pressure higher than atmospheric pressure (e.g., boilers), measures must be taken to ensure the safe working pressure is not exceeded.
Requirement: Periodic testing and certification of boilers.
11. Floors, Stairs, and Means of Access (Section 32)
All floors and steps must be of sound construction and kept free from obstruction.
Handrails must be provided for staircases.
Example: If oil spills on a staircase and a worker slips, the Occupier is liable under Section 32.
12. Pits, Sumps, Openings in Floors (Section 33)
Any pit, sump, or opening in the ground must be securely covered or fenced to prevent people from falling in.
13. Excessive Weights (Section 34)
No person shall be employed to lift, carry, or move any load so heavy as to be likely to cause him injury. State Governments prescribe maximum weights for men, women, and adolescents.
14. Protection of Eyes (Section 35)
(Note: Your syllabus likely meant "Protection of Eyes" rather than "protection twice").
Goggles or screens must be provided for processes involving:
Risk of injury to eyes from particles/fragments (e.g., welding, grinding).
Exposure to excessive light.
15. Precautions against Dangerous Fumes/Gases (Section 36)
No person shall enter any chamber, tank, vat, pit, or pipe where dangerous fumes are likely to be present unless:
It is provided with a manhole of adequate size.
A test is done to ensure the space is free from fumes.
The worker is wearing suitable breathing apparatus and a belt attached to a rope held by a person outside.
16. Portable Electric Lights (Section 36A)
Inside any chamber, tank, or confined space:
Portable lights must not exceed 24 volts.
Flame-proof lights must be used if there is ignitable gas.
17. Explosive or Inflammable Dust, Gas, etc. (Section 37)
If a manufacturing process produces dust or gas that may explode on ignition:
Effective enclosure of the plant.
Removal or prevention of the accumulation of such dust.
Exclusion of all sources of ignition.
18. Precautions in Case of Fire (Section 38)
Practicable measures to prevent the outbreak of fire.
Safe means of escape for all persons.
Fire exits must not be locked or obstructed.
Fire warning signals clearly audible to all.
19. Defective Parts and Stability (Sections 39 & 40)
Sec 39: If an Inspector feels a building or part of a machine is in a condition that it may become dangerous, they can order specifications or tests to be done.
Sec 40: If an Inspector feels a building is imminently dangerous to human life, they can prohibit its use until repaired.
20. Hazardous Processes (Chapter IV-A, Sections 41A-41H)
Added after the Bhopal Gas Tragedy (1984).
Constitution of Site Appraisal Committees: To advise on the initial location of factories involving hazardous processes.
Disclosure of Information: The occupier must disclose all dangers and health hazards to workers, the Chief Inspector, and the local authority.
Worker Participation: Workers have the right to warn the management regarding imminent danger.
Emergency Standards: Specific emergency plans and disaster control measures must be drafted.
Exam Summary Table: Safety Measures
| Section | Topic | Key Requirement |
| 21 | Fencing | Dangerous parts must be guarded. |
| 22 | Moving Machinery | Only trained adult males with tight clothes. |
| 23 | Young Persons | No dangerous machines without training/supervision. |
| 24 | Power Cut-off | Emergency stop buttons/levers required. |
| 28 | Lifts | Good construction; exam every 6 months. |
| 35 | Eyes | Goggles for welding/grinding. |
| 38 | Fire | Exits unlocked; warning alarms. |
| 41A-H | Hazardous Process | Disclosure of dangers; emergency plans. |
Unit 2: The Factories Act, 1948 (Welfare, Hours & Young Persons)
This unit focuses on the "human" aspect of the law—ensuring workers are treated with dignity (Welfare), are not overworked (Hours), and that children are protected (Young Persons).
2.1 Welfare Measures (Sections 42-50)
"Health" (Unit 1) prevents sickness; "Safety" (Unit 1) prevents accidents; "Welfare" (Unit 2) promotes well-being and comfort.
1. Washing Facilities (Section 42)
Requirement: Adequate and suitable facilities for washing must be provided and maintained.
Specifics: Separate and adequately screened facilities for male and female workers. They must be easily accessible and kept clean.
2. Facilities for Storing and Drying Clothing (Section 43)
The State Government may make rules requiring factories to provide places for keeping clothing not worn during working hours and for drying wet clothing.
3. Facilities for Seating (Section 44)
Who gets it: Workers who are obliged to work standing.
Requirement: Suitable sitting arrangements must be provided so they can take advantage of any rest opportunity.
Ergonomics: If the work can be done efficiently while sitting, seating must be provided.
4. First-Aid Appliances (Section 45)
Basic Rule: At least one fully equipped first-aid box for every 150 workers.
Ambulance Room: In any factory employing more than 500 workers, an ambulance room with nursing staff must be provided.
5. Canteens (Section 46)
Threshold: Mandatory for factories employing more than 250 workers.
Rules: The State Government can set rules regarding the foodstuff served, charges, and the formation of a managing committee (with worker representation) to run the canteen.
Cost: Usually, food is provided on a "no-profit, no-loss" basis.
6. Shelters, Rest Rooms, and Lunch Rooms (Section 47)
Threshold: Mandatory for factories employing more than 150 workers.
Requirement: Adequate shelter or rest rooms, and a lunch room (with drinking water) where workers can eat food brought from home.
Standard: Must be sufficiently lighted, ventilated, and cool.
7. Crèches (Section 48)
Threshold: Mandatory for factories employing more than 30 women workers.
Purpose: For the use of children under the age of 6 years.
Standard: Must be adequately lighted, ventilated, sanitary, and under the charge of a trained woman. Mothers must be given breaks to feed/nurse the children.
8. Welfare Officers (Section 49)
Threshold: Mandatory for factories employing 500 or more workers.
Role: To ensure provisions of the Act are complied with and to handle grievances.
2.2 Working Hours of Adults (Sections 51-66)
These sections prevent exploitation and ensure work-life balance.
1. Weekly Hours (Section 51)
No adult worker shall be required or allowed to work in a factory for more than 48 hours in any week.
2. Weekly Holidays (Section 52)
The Rule: Sunday is the default holiday. No work on the first day of the week.
Substitution: If a worker works on Sunday, they must get a full holiday on one of the 3 days immediately before or after that Sunday.
3. Compensatory Holidays (Section 53)
If a worker is deprived of weekly holidays (due to urgent exemption orders), they must be given "Compensatory Holidays" of equal number within the same month or the following 2 months.
4. Daily Hours (Section 54)
Maximum 9 hours per day.
Exception: Can be exceeded slightly to facilitate shift changes, subject to Chief Inspector’s approval, but weekly 48 hours must stay.
5. Intervals for Rest (Section 55)
The Rule: Work period should not exceed 5 hours at a stretch.
The Break: A rest interval of at least 30 minutes must be given after 5 hours of work.
6. Spread Over (Section 56)
The period of work (including rest intervals) on any day shall not spread over more than 10.5 hours.
Example: If a worker starts at 8 AM, they must finish everything (including lunch break) by 6:30 PM.
7. Night Shifts (Section 57)
If a shift extends past midnight, the "day" for that worker is treated as a period of 24 hours starting when their shift ends.
8. Prohibition of Overlapping Shifts (Section 58)
Work shall not be carried on by a system of shifts arranged such that more than one relay of workers is engaged in work of the same kind at the same time. (Prevents confusion and double-duty fraud).
9. Extra Wages for Overtime (Section 59) - Very Important
If a worker works more than 9 hours a day OR more than 48 hours a week:
Rate: They are entitled to wages at twice the ordinary rate of wages.
10. Restriction on Double Employment (Section 60)
No adult worker shall be allowed to work in a factory on any day on which they have already been working in another factory.
11. Notice of Periods of Work (Section 61)
A notice showing clearly the periods for which workers are required to work must be displayed correctly.
12. Register of Adult Workers (Section 62)
The manager must maintain a register containing: Name of worker, nature of work, group/relay they belong to. No worker can work unless their name is in this register.
13. Further Restrictions on Employment of Women (Section 66)
Daily limit: 9 hours max.
Time limit: No woman shall be required or allowed to work in any factory except between 6 AM and 7 PM.
Exception: State Governments can vary these limits (e.g., for IT or fish curing), but never between 10 PM and 5 AM (unless strict safety conditions are met under recent amendments/notifications).
2.3 Employment of Young Persons (Sections 67-77)
Definitions (Section 2):
Child: Not completed 15th year.
Adolescent: Completed 15th year but not 18th year.
Young Person: Either a child or an adolescent.
1. Prohibition of Employment of Young Children (Section 67)
No child who has not completed their 14th year shall be required or allowed to work in any factory.
2. Non-Adult Workers to Carry Tokens (Section 68)
A child who has completed 14 years or an adolescent can work ONLY if:
They have a Certificate of Fitness.
They carry a token referring to that certificate while at work.
3. Certificate of Fitness (Section 69)
Granted by the Certifying Surgeon (a doctor appointed by the State).
Validity: Valid for 12 months. Must be renewed annually.
The fee for this certificate is paid by the Occupier (Factory owner), never by the young person or their parents.
4. Effect of Certificate Granted to Adolescent (Section 70)
If an adolescent (15-18 years) gets a certificate of fitness to work as an adult, they are deemed an Adult for all provisions (like hours and leave) but not for the right to work on dangerous machines (Section 22/23 still applies).
If they do not get this certificate, they are treated as a Child for working hours.
5. Working Hours for Children (Section 71)
Maximum 4.5 hours per day.
Prohibition: No work during the night (between 10 PM and 6 AM).
Shifts: A child can only work in two shifts max, and shifts cannot overlap.
6. Notice of Periods of Work for Children (Section 72) & Register (Section 73)
Similar to adult provisions. The manager must display notice of working hours and maintain a "Register of Child Workers" (Name, date of birth, nature of work, certificate number).
7. Power to Require Medical Examination (Section 75)
An Inspector can stop a young person from working if they believe the person is unfit or has no certificate, and require them to be examined by a surgeon.
Exam Summary Table: Thresholds & Numbers
| Topic | Threshold / Limit | Section |
| Crèche | > 30 Women | Sec 48 |
| Shelters/Rest Room | > 150 Workers | Sec 47 |
| First Aid Box | 1 per 150 Workers | Sec 45 |
| Canteen | > 250 Workers | Sec 46 |
| Ambulance Room | > 500 Workers | Sec 45 |
| Welfare Officer | ≥ 500 Workers | Sec 49 |
| Max Hours (Adult) | 48/week, 9/day | Sec 51/54 |
| Max Hours (Child) | 4.5/day | Sec 71 |
| Overtime Rate | 2x Ordinary Wages | Sec 59 |
| Max Carry Weight | (State Prescribed) | Sec 34 |
Comments
Post a Comment