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HIGHLIGHTS ON ACTIVITIES / PROGRAMME IMPLEMENTED IN    LABOUR DIRECTORATE, ORISSA

 

 

I. ORGANISATIONAL SET UP AND ROLE OF LABOUR DIRECTORATE, ORISSA : AN OVERVIEW :

Labour consists 1/3rd of the population of the State and it is about 1.25 crores in Orissa. 92% of the total work force belong to un-organised sector. The main characteristics of the un-organised sector are illiteracy, ignorance seasonablity in employment, low scale and non-existence of bargaining power.

The Organisational Chart of Labour Directorate projecting disposition of Officers is placed hereto separately.

The role and functionaries of the Labour Directorate can be summarised / comprehended as follows :-

Maintaining industrial peace and harmony including settlement of industrial disputes, implementation of settlement as well as awards passed by industrial tribunals and labour courts, matters relating to strikes, lockout, layoff, retrenchment and prosecution under Industrial Dispute Act, 1947.

Filing of claim cases and prosecutions under Minimum Wages Act and Payment of Wages Act.

Registration and Licencing under Contract Labour ( R & A ) Act, Inter state Migrant Workers ( RE & CS ) Act, Orissa Shops and Commercial Establishment Act, Motor Transport workers Act and Bidi and Cigar Workers ( C & E ) Act.

(1) Registration of Trade Unions under Trade Unions Act and (2) verification of membership of Trade Unions for Recognition through secret ballot as per the Verification of Membership and Recognition of Trade Union Rules-1994.

Ensuring Payment of notified minimum wages to workers particularly engaged in the unorganised sector under Minimum Wages Act.

Ensuring social security benefits to the workers both in organised and unorganised sectors under (1) Maternity Benefit Act, (2) Payment of Gratuity Act and (3) Workmen Compensation Act to both Male and women workers.

Providing protection to the Labour with special emphasis to elimination and prevention of child labour system under Child Labour (Prohibition and Regulation) Act .

Ensuring payment of equal remuneration to female workers both in organised and un-organised sectors at par with male workers doing same and similar works under Equal remuneration Act.

Preventing illegal and unauthoried drafting and exploitation of migrant labour through unscrupulous middlemen to other states under Inter State Migrant Workmen (RE & CS) Act.

Prohibition and regulation of contract labour system in different industries in the state under contract labour ( R & A) Act.

Ensure safety and welfare in the factories under Factories Act.

It is pertinent to indicate that the Labour Directorate is required to ensure the enforcement these laws in about 2,500 industries and factories, 30,000 shops and other commercial establishments, agricultural, construction, forest operations & fishing etc.

II. ENFORCEMENT OF VARIOUS LABOUR LAWS : A FOCUS.

A. ENFORCEMENT OF MINIMUM WAGES - HIGHLIGHTS

Prosecutions launched

No. of prosecut-ion launched

Dis-posed Of

01

02

03

04

05

06

07

08

09

2000-2001

32477

25242

14009

9,47,165.75

247

40,47,157=35

723

369

2001-2002

30428

21912

10798

Rs 1079362.99

128

Rs. 1368942.50

655

139

 

 

B. IMPLEMENTATION OF PAYMENT OF WAGES ACT, 1936.

Prosecutions Launched

No. of prosecution launched

Disposed of

01

02

03

04

05

06

07

08

2000-01

 

6784

6585

2800

159

40,82,799=10

523

256

2001-02

6042

5807

2090

153

7970940.55

352

74

C. REGISTRATION / LICENCING AND RENEWAL UNDER VARIOUS LABOUR LAWS : A FOCUS :

During the Year

Name of the Act

No. of Registration/ Licence made/ issued during the year

Cancelled/de-registered during the year

Total regd. Estts.At the end of the year

01

02

03

04

05

Trade Union Act, 1926

83(R)

114

1785

O.S. & C.E. Act, 1956

1036

182

22920

M.T.W. Act, 1961

236(R)

88(R)

1001

B & C.W (C.E.) Act, 1966

5(L)

100

226

C.L. ( R & A) Act, 1970

55(R), 725(L)

35(R), 571(L)

1027(R), 7495(L)

I.S.M.W. (RE&CS) Act, 1979

134(L)

-

219(L) 10(R)

Trade Union Act, 1926

27 (R)

18 (R)

1794(R)

O.S. & C.E. Act, 1956

630(R)

303(R)

23247(R)

M.T.W. Act, 1961

127

35

1093

B & C.W (C.E.) Act, 1966

46(L)

3(L)

269(L)

C.L. ( R & A) Act, 1970

25(R) 392(L)

-, 69(L)

1052(R), 7818(L)

I.S.M.W. (RE&CS) Act, 1979

2(R), 551(L)

-

12(R), 670(L)

 

D. FEES REALISED UNDER DIFFERENT LABOUR ENACTMENTS (DURING 2000-2002) TOWARDS REGISTRATION / RENEWAL / LICENCING.

Amount realised towards Registration / Licencing

During 2000-2001

During 2001-2002(upto Oct, 2001)

01

02

03

Trade Union Act, 1926

3,831

1,870

O.S. & C.E. Act, 1956

5,52,562

1,70,825

M.T.W. Act, 1961

1,28,730

38,223

B & C.W (C.E.) Act, 1966

86,015

6,000

C.L. ( R & A) Act, 1970

4,13,962

2,01,789

I.S.M.W. (RE & CS) Act, 1979

29,000

21,702

TOTAL

12,14,100

4,40,409

E. INSPECTIONS CONDUCTED BY THE FIELD FUNCTIONARIES UNDER DIFFERENT LABOUR ENACTMENTS.

During the Year

O.S. & C.E. Act 1956

P.B. Act 1965

Child Labour (P&R) Act 1986

M.B. Act 1961

M.T.W. Act 1961

B & C.W (C.E.) Act 1966

O.I.E. (N.F) H Act 1968

Contract Labour ( R&A) Act 1970

E.R. Act 1976

ISMW (RE&CS) Act,1979

01

02

03

04

05

06

07

08

09

10

11

2000-01

3070

310

312

22

541

73

1676

1040

1601

125

2001-02

2816

303

231

8

301

89

1453

746

1482

51

 

F. PROSECUTIONS LAUNCHED AND DISPOSED OF UNDER VARIOUS LABOUR LAWS BY THE FIELD FUNCTIONARIES.

O.S. & C.E. Act 1956

P.B. Act 1965

C.L.(P&R) Act 1986

M.W.Act 1948

M.T.W. Act 1961

Filed

Disposal

Filed

Disposal

Filed

Disposal

Filed

Disposal

Filed

Disposal

01

02

03

04

05

06

07

08

09

10

11

2000-01

299

 

215

26

14

144

4

723

369

20

12

2001-02

230

33

8

1

1

18

655

139

1

16

B & C.W. Act 1966

O.I.E. (N &F) H Act 1968

C.L.(R&A) Act 1970

E.R. Act 1976

ISMW (RE&CS) Act, 1979

Filed

Disposal

Filed

Disposal

Filed

Disposal

Filed

Disposal

Filed

Disposed

12

13

14

15

16

17

18

19

20

21

6

6

200

120

122

68

18

12

95

7

4

2

136

34

33

11

3

15

53

13

                   

 

G. DISTRICT WISE LICENCED / COVERED, "BEEDI ESTABLISHMENTS" WITH NO. OF WORKERS ENGAGED IN INDUSTRIAL PREMISES AND THOSE ENGAGED AS HOMEWORKERS IN ORISSA AS ON 30.09.2001

Sl. No

Name of the District

Licence issued

No. of Estts. Covered

No. of workers in the Industrial Premises

Home Workers

01

02

03

04

05

06

01

Angul

116

116

1,631

33,430

02

Balasore

7

7

39

8,525

03

Bargarh

7

7

21

2,525

04

Cuttack

54

54

1,852

14,618

05

Jajpur

4

4

262

2,483

06

Jharsuguda

36

36

139

13,217

07

Kendrapara

2

08

10

3,040

08

Khurda

-

13

37

685

09

Malkangiri

6

6

75

4,112

10

Mayurbhanj

7

7

25

-

11

Nayagarh

-

13

29

6,536

12

Puri

-

-

-

-

13

Sambalpur

30

30

2140

84,152

14

Bhadrak

-

3

20

2000

TOTAL

269

304

6,280

1,75323

 

H. IMPLEMENTATION OF THE BEEDI AND CIGAR WORKERS (CONDITION OF EMPLOYMENT ) ACT, 1966 AND ORISSA RULES 1969 FRAMED THERE UNDER DURING 2000-2001 AND 2001-2002 (UP TO 30TH SEPTEMBER, 2001)

No. of cases disposed of during the year

Conviction

Acquittal

01

02

03

04

05

06

2000-2001

 

73

12

15

Nil

Rs.86,000.00

2001-2002

89

4

     

III. ADMINISTRATION OF SOCIAL SECURITY LEGISLATION AND EXTENT OF FINANCIAL BENEFITS GIVEN : A COMPENDIUM.

THE WORKMENS COMPENSATION ACT, 1923.

During the Year

No. of Workmen’s Compensation Claim cases filed

No. of Workmen’s Compensation cases disposed of

No. of cases in which compensation money paid.

Amount of compensation paid to the claimants (Rs.)

01

02

03

04

05

2000-01

3126

2825

961

2,27,59,216.00

2001-02

 

1142

924

424

39749674.68

 

THE PAYMENT OF GRATUITY ACT, 1972.

During the Year

No. of claim cases gratuity filed

No. of gratuity claim cases disposed of

No. of cases in which payment of gratuity made

Amount of gratuity awarded /paid (Rs.)

01

02

03

04

04

2000-01

99

109

37

6,04,008.00

2001-02

57

40

11

524195.00

 

(C) THE MATERNITY BENEFIT ACT, 1961. ( Up to 31.12.2000)

During the Period

No. of establishment covered

No. of (women workers) beneficiaries

Amount of Maternity Benefit paid

Remarks

01

02

03

04

05

1999

647

2

73,250.00

 

2000

647

10

1,90,468.91

2001

647

7

213766.00

IV. MAINTENANCE OF INDUSTRIAL RELATIONS AND RESOLVING INDUSTRIAL DISPUTES :- PROFILE IN BRIEF

 

(A) SETTLEMENT AND DISPOSAL OF INDUSTRIAL DISPUTES :- A FOCUS

 

INDUSTRIAL DISPUTES DEALT IN AND DISPOSED OF UNDER THE INDUSTRIAL DISPUTES ACT, 1947 : A BRIEF RESUME.

Disputes disposed of

Disposal of failure reports

Settled

Failed

Total

Cases referred to I.T/ Labour Court for adjudication

No. cases for reference

01

02

03

04

05

06

07

08

2000-2001

508

820

189

368

557

203

10

2001-2002

449

712

136

307

443

266

49

 

 

(B) IMPLEMENTATION OF AWARDS / ORDERS OF INDUSTRIAL TRIBUNALS AND LABOUR COURTS:

No. of certificate cases filed for recovery of Awarded Amount and amount involved

No. of cases filed

Amount involved

01

02

03

04

05

06

2000-2001

538

30

48

25

Rs. 11,29,755/-

2001-2002 (upto Oct, 2001)

459

17

32

27

Rs.33,51,276.63

 

(C) INCIDENCE OF STRIKE AND LOCK-OUT.

Strikes Resorted

Lock-Outs Imposed

No

Mandays lost

No.

Mandays lost

01

02

03

04

05

06

2000-01

 

27

230935

13

453508

2001-2002 (up to Oct, 2001)

15

38406

14

430206

 

Maintenance of Industrial Harmony and Settlement of Disputes and Discords :-

The State Industrial Relation Machineries apportioned due importance and priority in matters of prevention and maintenance of industrial peace and harmony congenial to normal working and flow of production. Every care was undertaken to avert industrial strike by way of resolving the dispute between the management and workforce with timely conciliatory mediations by the conciliation officers of the Directorate.

A brief resume of Industrial dispute dealt in / disposed of including awards/ orders of Labour Courts / Industrial Tribunals during 2000-2001 and 2001-2002 up to 31.01.2002. 

(A) Settlement and Disposal of Industrial Disputes :

Disputes disposed of

Disposal of failure reports

Settled

Failed

Total

Cases referred IT/LC(O) for Adjudication.

No. of case for reference

01

02

03

04

05

06

07

08

2000-2001

508

820

189

368

557

203

10

2001-2002

449

712

136

307

443

266

49

 

 

(B) Implementation of Awards / Orders of Industrial Tribunal and Labour Courts.

01

02

03

04

05

06

2000-2001

538

30

48

25

Rs.11,29,755.00

2001-2002 (up to 31.1.2002)

521

44

49

31

Rs.31,74,923.54

V. PROTECTION AND WELFARE OF CHILD LABOUR IN ORISSA : HIGHLIGHTS

 

Abolition of child labour is included in the common minimum programme of Government. The Supreme Court in their judgement dated 10th December’1996 passed several directions on elimination and prevention of child labour. The main directions were (1) to conduct survey on child labour, (2) to release child labour engaged in hazardous occupations, (3) to realise Rs. 20,000/- as fine from the employers engaging child labour in hazardous work, (4) to file prosecution against the employer for employing child labour in hazardous occupations and process, (5) to provide assured employment to an adult member of the family of the child labour and where it is not possible to provide such employment, the State Government should deposit a sum of Rs. 5,000/- in that behalf in the Child Labour Welfare Fund of the district, (6) to provide two hours education to the child labour at the cost of the employer in case of non-hazardous occupations.

According to the child labour survey conducted in the year 1997, 2.15 lakh child labour were identified in the State, out of which, 23,761 child labour were engaged in hazardous occupations and 1,91,461 child labour were engaged in non-hazardous occupations.

 

In the meantime, 9,664 show cause notices have been issued for recovery of Rs.20,000/- per child from each child labour in hazardous occupation. In 12 cases the erring employer contested their liabilities out of which 2 cases have resulted in conviction, 9 cases in acquittal and remaining one case is still sub-judice before the Hon’ble Orissa High Court.

So far, 21,137 nos. of Child Labour (including the child labour who had already been disengaged at the time of survey in 1997) have been admitted to (1) Non formal Schools, (2) Formal School and (3) NCLP Schools in 30 Districts of Orissa.

Till now, 7,820 nos. of families of concerned children have been covered under different poverty amelioration programmes implemented in different districts.

 

The District Collectors / Field functionaries of Labour & Employment Department have been instructed to ensure that the employers of the establishments provide education to the child labour at least two hours a day and to ensure that working hours for Child Labour are regulated from 4 to 6 hours per day.

he District Child Labour Welfare-cum-Rehabilitation Society and the District Child Labour Welfare Fund, have been constituted in all 30 districts. Collection of Rs. 20,000/- as penalty from the employer in case of hazardous occupations has been slow and only Rs. 1.20 lakhs has been collected in Jagatsinghpur and Rayagada Districts covering six cases.

 

NATIONAL CHILD LABOUR PROJECTS (NCLP)

The National Child Labour Project is one of the agenda of the National Policy on Child Labour, whereby children identified and released from hazardous occupations and processes would be rehabilitated and mainstreamed to formal education system.

At present 18 NCLPs are running in the State of Orissa in Angul, Bargarh, Bolangir, Balasore, Cuttack, Deogarh, Ganjam, Gajapati, Jharsuguda, Kalahandi, Koraput, Malkangiri, Mayurbhanja (Rairangpur), Nabrangpur, Nuapada, Rayagada, Sambalpur and Sonepur District. The basic object of this projects is to enroll child labour in Special learning centres who are released from hazardous occupations and processed and their mainstream to formal school after completing 3 years of formal/non-formal education in these centres. The child labour projects are managed by the Child Labour Project Society registered under the Societies Registration Act, 1886 and headed by the Collector of the District as Chairman of the NCLP.

VI. PREVENTIVE MEASURES ON PROTECTION OF ORIYA MIGRANT WORKERS IN OUT STATES : A FLASH.

A. PROBLEMS OF MIGRANT WORKERS : AN OVERVIEW :-

Migration of workman is a regular phenomenon in Orissa. Many workers migrate to other States during lean harvesting season from November to January in search of alternative employment and better earning. Some of them migrate suomotto, whereas others migrate through drafting agents.

With a view to safeguard exploitation of oriya migrant workers, the following measures are being ensured by the Labour Directorate through its field functionaries.

Prosecutions are being filed against unlicensed contractors and agents who are illegally drafting the migrant labour for engagement outside the State.

Regular correspondence is being made with Labour Department of other States to ensure repatriation of the migrant workmen after payment of their legal dues to save them from harassment.

In case of death of any migrant workmen arising out of and in course of his deployment in out State or injuries sustained by him while working, necessary assistance is afforded in matters of preference of claims under the Workmen’s Compensation Act, 1923 and due priority is apportioned for speedy disposal of such compensation claim cases, there by, ensuring disbursement of the compensation amount due.

B. STEPS TAKEN TO SAFEGUARD EXPLOITATION OF ORIYA MIGRANT WORKERS.

It may here be mentioned that with a view to safeguard exploitation of oriya migrant workers, the following measures are being ensured by the Labour Directorate through it field functionaries.

01. Awareness generation programme is intermittently conducted at different level so as to make the illiterate migrant workers conscious of their rights and entitlements.

02. Whenever, any instance of unauthorised drafting is brought to the notice, stringent prosecution measures against the defaulting dadan agents, are ensured and Criminal Cases are instituted under ISMW Act, 1979 in the concerned Court of Law.

03. Similarly in case of denial of wages and other statutory dues, claim cases are instituted under Payment of Wages Act, 1936 for realisation of unpaid dues accruing to the concerned migrant workers.

04. Whenever any instances of harassment of oriya migrant workers in out States, is brought to the notice, expeditious measures are ensured for rescue and release of concerned migrant workers, on full and final settlement of their dues in closer rapport with the high ups of the concerned out State Labour Machinery and by deputing officer to out State for the purpose.

05. Similarly in case of death of any migrant workmen arising out of and in course of his deployment in out State or injuries sustained by him while working, necessary assistance is afforded in matters of preference of claims under the W.C. Act, 1923 and due priority is apportioned for speedy disposal of such compensation claim cases, there by ensuring disbursement of the compensation amount due.

VII. MEASURES ENSURED FOR ABOLITION OF CONTRACT LABOUR SYSTEM IN ORISSA : A BRIEF RESUME

(A) The Government in Labour and Employment Department in consultation with the State Contract Labour Advisory Board has prohibited the employment of contract labour system in four Industrial Undertakings by a notification dated 28.4.2000. These undertakings are (1) Indian Detonators Limited, Rourkela, (2) Orissa Cement Limited, Rajgangpur, (3) Larsen & Toubro, Kansbahal and (4) Paradip Phosphates, paradip. Employment of contract labour in aforesaid 4 undertakings has been prohibited in specific trades.

(B) The State Advisory Contract Labour Board in the 23rd Meeting held on 13.03.2002 unanimously decided to recommend the Government for appropriate measures under Section 10(1) of the Contract Labour (R&A) Act, 1970 for prohibition of employment of Contract Labour in the following 6 work processes of IB Thermal Power Station, Banharpalli, Dist.-Jharsuguda.

(1) Coal Handling Plant

(2) Overall Mechanical Maintenance

(3) Electrical Maintenance

(4) Ash Handling Plant

(5) T.G. Boilers and Auxiliaries

(6) Water Treatment Plant.

(C) The State Government having regard to the conditions of work and benefits provided for and other relevant factors in relation to the contract labour deployed in M/s. IB Thermal Power Station prohibited the employment of Contract Labour in 6 work processes as per Notification No.4754 LE Dated 12th April, 2002.

(D) In keeping with the resolution of the 23rd meeting of the State Advisory Contract Labour Board held on 13.03.2002, an exclusive committee headed by the Labour Commissioner, Orissa, as Chairman (in place of Managing Director, IPICOL) was constituted by the Government vide Notification No.5954 LE Dt.10.05.2002 to facilitate investigation on Contract Labour System prevalent in 6 other industrial undertaking namely (1) O.P. Mills, Brajaraj Nagar, (2) Indian Charge Chrome Ltd., Choudwar, (3) Ferro Alloys, Brahminipal, (4) IDCOL, Bhubaneswar (5) NTPC, Kaniha, (6) Re-Rolling Mills as expeditiously as possible.

VIII. PROTECTION AND WELFARE OF WOMEN WORKERS IN ORISSA

In tune with the Article 39 of the constitution and provisos of The Equal Remuneration Act, 1976, despite human resource and infrastructural constraints, possible priority / importance is being apportioned by the field functionaries of the State Labour Machinery to prevent / eliminate discrimination in the matter of payment of Equal Remuneration to Women Workers at par with their counter part male workers doing same work or work of a similar nature.

With a view to tangibly reduce the gender gap in wage rates and to have effect action thrust strategy, in furtherance of aforesaid pursuit, an exclusive sub committee comprising 8 members was appointed / constituted by the State Equal Remuneration Advisory Committee in its 4th Meeting held on 14.10.1998.

The aforesaid 8 members sub-committee headed by the Labour Commissioner, Orissa, following its indepth analysis and critical evaluation of the problem from different related angles, submitted its 7 point valuable action thrust recommendations, as per proceeding of its meeting held on 10.08.2000.

The follow up implementation /compliance measures on this score, are being ensured accordingly by the field functionaries of the State Labour Machinery.

Instances of discrimination in matters of Payment of equal remuneration to women workers in contraventions of the provisions of Section 4 of the Equal Remuneration Act, 1976, whenever brought to the notice of the Enforcement officers of this Directorate prompt and appreciate action has been taken. In addition to E.R. Act, 1976, due priority on enforcement of Minimum Wages Act, 1948 are also being given by the field functionaries.

The highlights on enforcement measures under aforesaid two enactments are projected below for apprisal.:-

Enforcement Measures undertaken under the Equal Remuneration Act, 1976 during 1999 – upto 2001.

During the Year

No. of Inspections Conducted

No. of violation detected

No. of Prosecution launched

No. of Conviction

No. of Cases of Acquittals

No. of Claim cases filed for recovery of differential wages

01

02

03

04

05

06

07

1996

3317

45

45

30

1

-

1997

2440

1838

30

26

4

-

1998

2107

2107

38

10

2

2

1999

1808

1808

29

15

-

2

2000

1530

1138