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

Labour consists 1/3^rd 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

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

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

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

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

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

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 30^TH SEPTEMBER, 2001)

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

THE WORKMENS COMPENSATION ACT, 1923.

THE PAYMENT OF GRATUITY ACT, 1972.

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.

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

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

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

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 23^rd 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 12^th April, 2002.

(D) In keeping with the resolution of the 23^rd 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 4^th 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.

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 18^th 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 30^th 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.

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.