Harsh Kumar Mehta
Consultant In Labour Laws/hr
Nagarkar Vinayak L
Pan Singh Dangwal
Sr. Manager (p&a)
Korgaonkar K A
Asso.prof.(commerce & Management) Pg
Srinath Sai Ram
Hr / Ir
Consultant And Trainer
As you are well aware, under the Constitution of India, Labour Law is a subject in the concurrent list where both the Central and State Govts are competent to enact legislations. As a result, a large number of labour laws have been enacted catering to different aspects like, occupational health, safety, employment, training of apprentices, fixation, review and revision of minimum wages, mode of payment, payment of compensation to workmen in accidents or causing death or disablement, bonded labour, contract labour, women labour and child labour, resolution and adjudication of industrial disputes, provision of social security such as provident fund, employees’ state insurance, gratuity, provision for payment of bonus etc.
Similarly there are different kind of status regarding registration of establishments/business entities like Factory, Shops, Traders, Contractor, Professional, Seasonal, Non Profit earning organizations etc.
The working culture and scenario is also different on basis of geographical status.
So, it is very difficult to integrate the different establishments and different people in a single pattern. But, the integration of various documents like registers/return in different labour laws is already in process. The Labour Office is issuing UIN (Unique Identification Number) of every organisation. Through the UIN we have to fill the data in a single format which will serve the purpose of different registers / documents.
Pls find attached a note (which I received from this site) on the same being issued from the Labor Office. Though I am unaware of the practical approach of the UIN for , but in long run it can be very useful for professionals (like us). This will reduce similar nature paper work of different acts in different forms.
Most irritating part in all labour laws is widely different definitions of 'employee/workman ' and ' wages' which has given contradictory interpretation and n number of court cases.
Hope Mody Govt does something about it on war footing.
It is true that both, Centre and State can pass laws on labour, the conditions in different States differ, and there are difficulties. But after 70 years of Independence, we must all strive to simplify the labour-management relations. It is really complicated now because of plethora of labour laws. We can consolidate laws in 4-5 ways.
Firstly wages laws that should include Payment of Wages Act, Minimum Wages Act, Payment of Bonus Act, Payment of Gratuity Act, Equal Remuneration Act.
Secondly administrative laws that should include Factories Act, Shop Act, Mines Act, Plantations Act, Motor Transport Workers Act, Building and Construction Workers Act, Bonded Labour Act, Child Labour Act, Private Security Guards Act, Boilers Act.
Thirdly relations laws that should include Industrial Disputes Act, Trade Unions Act, Standing Orders Act, Bombay Industrial Relations Act, MRTU Act, Contract Labour Act, Employment Exchanges Act,
Fourthly social security laws that should include ESI Act, PF Act, Employees Compensation Act, Maternity Benefit Act, Bombay Labour Welfare Fund Act.
We should also simplify the relationship. The one who works for other and for remuneration is worker. may it be permanent, temporary, contract, managerial, supervisory or anyone. The one who asks other to work for him and pays for the work done is employer, may it be proprietary, partnership, limited company, government, NGO or anyone. And finally any dispute between the worker and employer must be settled or decided within 6 months and appeal within 3 months.
This will promote bilateral relationship, matured relationship, all inclusive system, no subsidy, no government intervention on large scale, and no caste system in industry.
HR & Labour Law Advisor
our law is sufficient to safe guard for the labour/workman. But greedy advocates and the system/procedure of the courts kills. A DISABLE WORKMAN IS HANKERING FOR JUSTICE IN DHCOURT FROM 26 YEARS ONLY AND ONLY DUE TO UTHETHICAL AND GREEDY ADVOCATES. WHAT TO . NEED IS TO CHANGE THE PROCEDURE. IF ONE LABOUR WINS IN LABOUR COURT. WHY IN HIGH COURT. IS LABOUR COURT DECISION IS NOT SUFFICIENT.
FOR ONLY ONE COURT SHOULD BE AND THERE SHOULD BE NO APEAL THIS IS ONE OF THE PROTECTION TO LABOUR AND TIME FRAMED DECISION IS MUST.