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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

27

4

1

-

2001

1537

1440

3

11

7

-

IX. SKILL UPGRADATION AND TRAINING PROGRAMMES CONDUCTED BY THE STATE LABOUR INSTITUTE FOR GENERATION OF AWARENESS.

The State Labour Institute which is a State Government sponsored autonomous body under the Societies Registration Act, 1880 is organising skill upgradation training and professional training for the officers and staff of the Labour Directorate. In the recent past State Labour Institute organised (1) Five days Training Programme on Enforcement of Labour Laws from 10-14 September, 2001 at Panthanivas, Bhubaneswar (2) One day workshop cum seminar on Labour Issues Connected with Handicraft Workers on 18th September, 2001 at Garden Inn, Bhubaneswar.

X. REGULATED AND SYSTEMATIZED INSPECTION PROCEDURES FOR ADHERENCE OF THE FIELD FUNCTIONARIES OF THE STATE LABOUR MACHINERY : A FOCUS

In pursuance of Para-22 of the Industries Department Resolution dated 03.12.2001 captioned ‘INDUSTRIAL POLICY RESOLUTION 2001’ the Government in Labour & Employment Department after carefully consideration as per Notification No. 6752 LE dated 30th May, 2002 have formulated the Regulated & Systematized Inspection Procedure to be followed by the State Labour Machinery with stipulated inspection scheduled for different rank and cadre Field Functionary of the State Labour Machinery for implementation of different labour enactment as indicated below :-

0.1. Stipulated Inspection Schedule for different rank and cadre field functionaries of the State Labour Machinery for Implementation of Different Labour Enactments.

By RLI - in respect of Establishments employing upto 10 workers under :-

By A.L.O. - in respect of Establishments employing more than 10 upto 20 workers under :-

By D.L.O. - in respect of Establishments employing 21 upto 50 workers under :-

By A.L.C. - in respect of Establishments employing more than 51 upto 150 workers under:-

By Dy. L.C.- in respect of Establishments employing more than 151 workers and above under:-

01

02

03

04

05

01. M.W. Act, 1948

01. M.W. Act, 1948

01. M.W. Act, 1948

01. M.W. Act, 1948

01. M.W. Act, 1948

02. E.R. Act, 1966

02. P.W. Act, 1936

02. P.W. Act, 1936

02. P.W. Act, 1936

02. P.W. Act, 1936

03. B.C.W. Act, 1966

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

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

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

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

04. P.W. Act, 1936

04. CL(R&A) Act, 1970

04. CL(R&A) Act, 1970

04. CL(R&A) Act, 1970

04. CL(R&A) Act, 1970

 

05. E.R. Act, 1976

05. E.R. Act, 1976

05. E.R. Act, 1976

05. E.R. Act, 1976

 

06. P.O.B.Act, 1965

06. P.O.B.Act, 1965

06. P.O.B.Act, 1965

06. P.O.B.Act, 1965

 

07.I.S.M.W. Act, 1979

07.I.S.M.W. Act, 1979

07.I.S.M.W. Act, 1979

07.I.S.M.W. Act, 1979

 

08. C.L.(P&R) Act, 1986

08. C.L.(P&R) Act, 1986

08. C.L.(P&R) Act, 1986

08. C.L.(P&R) Act, 1986

 

09. M.B. Act, 1961

09. M.B. Act, 1961

09. M.B. Act, 1961

09. M.B. Act, 1961

 

10. I.D. Act, 1947

10. I.D. Act, 1947

10. I.D. Act, 1947

10. I.D. Act, 1947

 

11. M.T.W. Act, 1961

11. M.T.W. Act, 1961

11. M.T.W. Act, 1961

11. M.T.W. Act, 1961

 

12. W.J. & O.N.P.E. (COS) Act, 1955

12. W.J. & O.N.P.E. (COS) Act, 1955

12. W.J. & O.N.P.E. (COS) Act, 1955

12. W.J. & O.N.P.E. (COS) Act, 1955

 

13. SPE(COS) Act, 1976

13. SPE(COS) Act, 1976

13. SPE(COS) Act, 1976

13. SPE(COS) Act, 1976

 

14. OIE(N&F) H Act, 1969

14. OIE(N&F) H Act, 1969

14. OIE(N&F) H Act, 1969

14. OIE(N&F) H Act, 1969

 

15. P.O.G. Act, 1972

15. T.U. Act, 1926

15. T.U. Act, 1926

15. T.U. Act, 1926

     

16. I.E.(SO) Act, 1946

16. I.E.(SO) Act, 1946

     

17. W.C. Act, 1923

17. W.C. Act, 1923

0.2. Inspection of establishments should be in a planned manner in order to minimize frequent visit and inspection of establishments under different labour laws applicable to them.

0.3. The concerned Rural Labour Inspectors, Assistant Labour Officers, District Labour Officers, Assistant Labour Commissioners and Deputy Labour Commissioners shall avoid frequent visit / inspection of earmarked establishments and in normal course, they need not visit / inspect the establishments for second time within a block period of (1) three months, (2) four months, (3) six months, (4) eight months and (5) twelve months, respectively.

0.4. The concerned Zonal Assistant Labour Commissioners and Divisional Deputy Labour Commissioners shall conduct 5% check up inspections of establishments inspected by the subordinate field functionaries of their respective control and jurisdiction.

0.5. The concerned District Labour Officer / Assistant Labour Commissioner / Deputy Labour Commissioner may without prejudice to the instructions as conveyed vide 0.2 supra, may visit / inspect any such establishments as and when exigencies so arises and in such exceptional case, they will keep the higher authorities apprised, duly.

0.6. In the event of any sustainable complaints or allegations received from employer of any aggrieved establishment against any of the field functionaries of the Division either about harassment or otherwise, the Divisional Deputy Labour Commissioner, shall enquire into it and ensure submission of his fact finding detailed report to the Labour Commissioner, Orissa well within a fortnight period from the date of receipt of such allegation and complaint.

Having regard to the foregoing, further Executive Instructions have been conveyed by the Labour Commissioner, Orissa to the Field Functionary of the State Labour Machinery vide Circular Letter No. 11283 dt. 21.06.2002 for strict adherence of the guiding instructions in its letter and spirit in its right earnest to the following effect.

0.1 The Programme Schedule for inspection visit should be drawn up well in advance in a planned and productive manner in order to minimize frequent visit of establishments in as much as the field officers should as far as practicable try to hold camp office at least in one block and one panchayat or industrial area as the case may be in a month, so that other than inspections, complaints of workers can be attended and disposed off at the spot, besides awareness generation drive to enlighten the employers and employees about their respective statutory obligations and entitlements.

0.2 Appropriate poignant vigil should be ensured at your end on the follow up adherence of aforesaid Govt. instructions by the subordinate field functionaries of your Division leaving no room either for violations or for complacency.

0.3 Periodical check up inspections by you, as well as by the Zonal Assistant Labour Commissioners of your Division on the field inspections of the subordinate functionaries of your Division should be undertaken and reviewed for appropriate remedies as and when so needed under report of apprisal to this Directorate from time to time. The supervisory officers in addition to their 5% check up inspections shall also be answerable for the achievements of their subordinate field functionaries of their respective areas of jurisdiction.

0.4 While adhearing to the regulated and systematized Inspection Procedures under reference, every care should be ensured that all cases of detection / irregularities / violations, where not rectified and complied, despite reasonable and ample opportunities and consecutive persuasive prevailings, should inevitably end in either of the followings (1) rectification, (2) compliance (3) initiation of prosecution measures and (4) institution of claim case as awfully considered expedient, as ultimate recourse.

0.5 In the event of any sustainable complaints or allegation against any of the field functionaries of your division either about harassment or otherwise whenever brought to your notice should be dispassionately enquired into as expeditiously as possible giving reasonable opportunity of hearing to the complainant and the accused field functionary, as well as to ensure submission of your fact finding detailed report under closed cover to this Directorate as per envisaged dateline.

0.6 The report of apprisal on follow up measures ensured on this score and accomplishment thereof should be submitted to the undersigned by the supervising officers, from time to time.

XI. WORKING CONSTRAINTS BEING FACED BY THE STATE LABOUR MACHINERY : A FLASH

The Labour Directorate is required to ensure the enforcement of labour laws in about 2500 industries and factories, 20,000 shops and commercial establishments, 30 lakh women in agricultural fields, 10 thousand construction sites, 3 lakh workers engaged in forest operations, fisherman, women labour, child labour, weavers, small and cottage industries, self employment wages earners, home workers etc. In order to cope-up such gigantic nature of work, the Labour Directorate needs adequate institutional manpower and basic facilities as indicated below:-

(a) As against requirement of 314 Rural Labour Inspectors in all the Blocks, the Department has provided only 65 R.L.Is for implementation of different labour laws. The problems of Child Labour, migrant labour, forest workers and home workers are in the pipeline. Regular updating database and enforcement of minimum wages needs constant vigilance and movement. Hence posting of R.L.Is in 314 Blocks is necessary.

(b) After creation of new Districts posting of District Labour Officer in the District of Sonepur, Deogarh and Boudh with supporting staff has been essential.

(c) With the growth of new Industrial Centres, creation of new District and incidents of large exodous of migrant workmen from the western districts, realignment of division and Zonal Labour Offices has become essential. But this is not possible in view of financial curnches.

(d) Problems arising out of lot of litigations filed in the different lower courts numbering more than 10,000 (including those filed previously) and about 100 cases in high courts, supreme court and Administrative Tribunal, creation of a legal cell with the supporting staff in the Headquarters office has become justified. Besides, the Workmen’s compensation, Gratuity and Claim Courts functioning in the Joint Labour Commissioner / Deputy Labour Commissioner and Asst. Labour Commissioners need positing of Bench Clerks.

(e) The field officers have not been provided with vehicles at the District Level. Therefore, it becomes difficult to touch the remote areas in the un-organised sector and management of conflict in the industrial sector by instant movement. Hence provision of Motorcycle for Rural Labour Inspectors and Asst. Labour Officers and Jeeps for District Labour Officer s is felt essential.

(f) Communication Infrastructure in the form of telephones for all field officers, faxes for Division level officers, Computers for Headquarters Office with internet tag up with N.I.C. is essential. Provision for Xerox Machine, Syclostile Machine, Computer Typewriter may be made for the Divisional Offices and Headquarter Office.

(g) The expenses for different heads like T.A., Fuel, Service Postage, Telephone Bills, Electricity Bill etc. are very much essential. Sufficient funds may be allocated in the contingent to meet the above requirements.

(h) Development of Human Resources of the Directorate in the form of Organising training, orientations, workshops for developing the skill of officers, undertaking empirical research in labour related matters for development of the Labour Directorate is essential. Besides, bringing up publications on problematic issues, judicial pronouncements and labour statistics is a timely requirement.