Labour and Industrial Laws I

1. Write short notes on any four of the following: [4 Each]*

(A) Certifying Surgeon.

Under the provisions of the Factories Act, 1948, a Certifying Surgeon is a qualified medical practitioner who certifies the fitness of
workers of a factory. He is a practicing medical surgeon who provides fitness certificates to factory workers declaring them as fit to
do the factory work.

Qualifications of a Certifying Surgeon:

As per Section 10 of the Factories Act, 1948, the basic qualifications of a certifying surgeon are:

• He must be a qualified medical practitioner.

• He is appointed by the state government.

• He has to work within the local limits assigned to him.

• The certifying surgeon may delegate his powers to any qualified medical practitioner if permitted by the state government.

(B)Total Disablement and Partial Disablement.

Total disablement is a term used in labour and industrial law to describe a condition where an employee is unable to work due to an
injury or accident. It can be temporary or permanent, depending on the nature and extent of the injury12. Permanent total
disablement is defined by a list of injuries in Part I of Schedule I of the Employee’s Compensation Act, 19233.

If employee as a result of an accident suffers from injury specified in part I of Schedule I (The Workmen's Compensation Act,1923) or
suffer from such a combination of injuries specified in part 2 Schedule I as would bring the loss of earning capacity when totalled to
100% or more such an injury is said to be permanent total disablement.

Some examples of permanent total disablement are:

Loss of both hands or both feet

Loss of both eyes or sight

Loss of any two limbs

Paralysis of all four limbs

Injuries resulting in being bedridden permanently

Partial Disablement

According to Section 2(1) (g) of the Act ‘partial Disablement’ means, where the disablement is of a temporary nature, such
disablement as reduces the earning capacity of an employee in any employment in which he was engaged at the time of the
accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his
earning capacity in every employment which he was capable of undertaking at that time:

Thus, Section 2(1) (g) classifies partial disablement into two kinds, namely

(a) Temporary partial disablement and,

(b) Permanent partial disablement.

The distinction between the two types of partial disablement depends on the fact whether the disablement results in reduction of
earning capacity in the particular employment in which he was engaged at the time of the accident or in all employment which the
employee was capable of doing. In the former case the partial disablement is called temporary and in the latter case permanent.
Every injury specified in Part Il of Schedule I of the Employees’ Compensation Act shall be deemed to result in permanent partial
disablement.

(C)Dependent.

Dependent : According to section 2(d) of the Employee’s Compensation Act 1923, the word dependent includes the following
relatives of a deceased person, such as:

a widow of the deceased person, minor legitimate child, unmarried legitimate daughter or a widowed mother;

a son or daughter who has attained the age of 18 years and is infirm[4] or a person who is completely dependent on the earnings of
the employee at the time of his death;

a person who is partially or completely dependent on the earnings of deceased employee, this may include:
a widower

a parent apart from widower mother

in case no parent of the workman is alive a paternal grandparent

a widowed daughter in law.

Dependant also includes some other relations in respect to person partially dependent. But for an insight we can say that dependent
is someone whose source of livelihood was earning of that deceased workman.

(D)Wages and Minimum Wages / Fair and Living Wage.

Wages are the monetary payment for any service or labour. Under Indian law, wages are regulated by various acts, such as The
Minimum Wages Act, 1948, The Payment of Wages Act, 1936, and The Code on Wages, 2019. These acts provide for the fixation of
minimum wages, the mode and time of payment of wages, and the deductions that can be made from wages123. The minimum
wages may vary according to the kind of work and location, and are decided by the state and central governments. Wages are
understood as monetary payment for any service or labour. Under Indian law, wages are defined in The Minimum Wages Act, 1948.
Section 2 (4) of the Act defines wages as ‘all remuneration which is made by monetary mode for a work done under an
employment’. This Section provides for certain exceptions as well such as wages won’t include household supplies, travelling
allowances, the contribution made to PPF etc. The wages are determined by the demand and supply in the market for labour like
other prices.

Minimum wage: This is the type of wage provided for bare subsistence so that the workers can maintain a decent standard of living
such as providing for education, medical requirements and an adequate level of comfort.

The Minimum Wages Act, 1948 is a law enacted by the Parliament of India to ensure fair wages for workers and prevent exploitation
by employers1. The law applies to all employees in the scheduled employments, which are listed in the Act2. The law empowers the
Central and State Governments to fix and revise the minimum wages for different categories of workers3. The current minimum
wage rates vary from state to state and sector to sector. You can find the latest rates on the website of the Chief Labour
Commissioner4.

Fair wage: Any wage paid to the employees that are more than the minimum wage is known as a fair wage. It is the wage that seeks
to maintain a level of employment in the industry and also looks after the industry’s capacity to pay sufficient remuneration to the
employees. The wages must be fair, i.e. sufficiently high to provide standard family with,food, shelter, clothing, medical care and
education of children appropriate to the workmen. A fair wage lies between the minimum wage and the living wage which is the
goal.

Fair wage is the wage that is above the minimum wage but below the living wage. It depends on factors such as the productivity of
labour, the paying capacity of the industry, and the wages paid for similar work in other trades1234.

In India, labour and industrial law is a concurrent subject, meaning both the central and state governments can make laws on it5.
The Labour Code on Wages Act, 2019, is a central law that consolidates and codifies previous wage regulations under one act6.
Living wage: A living wage not only meets the minimum requirement of the employees provided by the employers but also allows
individuals or families to afford adequate shelter, food, and other necessities. It also includes health, sanity, education, dignity,
comfort, and provide for any contingency. Living wages are the least wage or salary that a worker requires to sustain his/her basic
needs. Living wages is different from minimum wages, as minimum wages may be less than or more than the living wages in a
country. Basic needs are food, clothing and shelter.

A living wage is the amount an individual or family would need to make to avoid living in poverty. This amount is usually higher than
the minimum wage and is not mandated by law1. In India, the living wage is defined as a wage sufficient to ensure the worker food,
shelter, clothing, frugal comfort, provision for evil days etc.12. The Indian labour law regulates labour in India at the federal and
state levels3.

(E)Insured Person

An insured person under labour and industrial law is an employee who is covered by a scheme of health insurance or compensation
in case of sickness, injury or death due to work-related causes. Different laws may have different definitions and criteria for who is
an insured person. For example, the Employees State Insurance Act, 1948 covers employees who earn up to Rs. 21,000 per month
and work in certain factories or establishments12. The Employees Compensation Act, 1923 covers employees who are not covered
by the ESI Act and who suffer an accident arising out of and in the course of their employment3.

Some of the benefits that an insured person may receive under these laws are:

Medical care and treatment

Cash compensation for loss of wages or earning capacity

Maternity benefits for female employees

Funeral expenses and dependents’ benefits in case of death

(F) Notice by Occupier.

According to the Factories Act, 1948, the occupier of a factory has to send a written notice to the Chief Inspector at least 15 days
before he begins to occupy or use any premises as a factory12. The notice should contain the name and situation of the factory, the
name and address of the occupier, and other details as prescribed by the Act3. The occupier also has general duties to ensure the
safety, health and welfare of the workers in the factory.

The occupier shall, at least fifteen days before he begins to occupy or use any premises as a factory, sent to the Chief Inspector a
written notice containing the name and situation of the factory, the name and address of the occupier. (Section 7)

2. (A) Discuss elaborately the salient features of the Fatal Accident Act, 1855. [16]*

Fatal Accidents Act,1855

The Fatal Accidents Act of 1855 was passed to compensate families for losses incurred due to an individual’s actionable wrongdoing.
Section 1A of The Fatal Accidents Act, allows the victim’s family to sue for compensation for the losses caused by his death resulting
from an actionable wrong.

Some of the salient features of the Fatal Accident Act, 1855 are:

The act provides compensation to the dependants of a person who dies due to an actionable wrong, such as wrongful act, neglect or
default12.

The act overruled the common law principle that personal actions die with the person, and allowed the legal representatives of the
deceased to sue for damages on behalf of the dependants13.

The act specifies that the plaint in any such action or suit shall give a full particular of the person or persons for whom, or on whose
behalf, such action or suit shall be brought, and of the nature of the claim in respect of which damages shall be sought to be
recovered2.
The act also states that the court shall have the power to give such damages as it may think proportioned to the loss resulting from
such death to the parties respectively, for whom and for whose benefit such action or suit shall be brought23.

The act further provides that every such action or suit shall be for the benefit of the wife, husband, parent and child, if any, of the
person whose death shall have been so caused, and shall be brought by and in the name of the executor, administrator or
representative of the person deceased

(B) Explain the detailed provision regarding the compensation in the family of a person for loss occasioned to it by his death by
accident working under the Festal Accident Act, 1855. [16]*

According to the Fatal Accidents Act, 1855, the family of a person who dies by wrongful act, neglect or default can sue for
compensation from the person who caused the death. The compensation is based on the loss of pecuniary benefit that the family
would have received from the deceased person if he had lived2. The amount of compensation is determined by the court according
to the circumstances of each case2. The family includes the wife, husband, parent and child of the deceased person.

Am I Eligible for Death Benefits?

Death benefits are intended to help compensate certain family members for the loss of financial support they had received from the
deceased employee. While the exact eligibility requirements vary from state to state, death benefits are usually (but not always)
reserved for those who were related to the deceased employee by blood or marriage—typically spouses, children, and other close
relatives—who lived with and depended on the deceased employee for their living expenses. Certain states allow some benefits for
relatives who were only partially dependent on the deceased employee.

There are different rules for deciding who qualifies as a dependent, depending on their relationship to the deceased employee and
state law. Children under 18 are almost always considered dependents. The same goes for older children who have certain physical
or mental disabilities that make them unable to earn a living. Several states also extend eligibility to children over 18 (up to 21 or 25)
who are enrolled in qualifying educational or vocational programs.

Many states assume that spouses are dependents regardless of their own incomes. In other states, spouses won't necessarily qualify
if they earn over a certain amount of money, or they may have to prove their financial dependence no matter how much they earn.

For all other family members, eligibility is usually determined based on the specific circumstances and evidence in each case.

Which Deaths Count for Benefits?

In order to receive death benefits, a work-related injury or illness must have caused or contributed to your loved one's death. These
benefits aren't limited to situations where an employee dies on the job, such as in a serious workplace accident. Injured workers
may die months or years later—although a few states don't allow benefits for deaths that happened too long after the original
accident. Death benefits may also be available when employees eventually die from illnesses they developed as a result of working
conditions, like exposure to dangerous chemicals.

Even if your loved one had other medical conditions unrelated to work, you still may be eligible for death benefits if the work injury
or occupational disease contributed to or accelerated the death. For example, you might be able to claim death benefits if a
workplace accident aggravated your husband's preexisting heart condition and led to his death.

Can Survivors Get Death Benefits After an Employee Dies of COVID-19?

When your family member has died of COVID-19—and you believe the disease resulted from workplace exposure—you may be
wondering whether you can get death benefits. If the employer or its insurer already accepted a workers' comp claim for COVID-19
while your family member was alive, and medical evidence shows that the death was a result of the disease, you should be eligible
for death benefits as long as you meet the dependency qualifications discussed above. But if the employer denied the claim (or there
wasn't time to get through the claims process), you will likely face an uphill battle getting benefits—depending on where you live
and the nature of the deceased employee's job. Several states have enacted measures that make it easier for first responders,
healthcare workers, and other frontline workers to qualify for workers' comp benefits when they contract COVID-19, and for their
survivors to get death benefits when the employees die of the disease. (Learn more about getting workers' compensation benefits
for COVID-19.)

How Much Can I Get in Death Benefits?

Death benefits are often paid in regular installments. The amount of those payments is based on a percentage of what the employee
used to earn before the injury. The percentage varies from state to state, but the typical weekly payment is two-thirds of the
deceased employee's average weekly wage, with maximum and minimum amounts.

Instead of installment payments, some states pay a one-time lump sum, usually representing two-thirds of the deceased employee's
wages for a certain period of time, such as two years. The lump sum is also generally subject to a minimum or maximum amount.
Even in states that pay installment benefits, you may be able to negotiate a lump-sum settlement of your death benefits.

In some states, the total amount of death benefits is the same regardless of how many dependents there are. For example, the same
total benefit amount may be divided among a surviving spouse and several dependent children. In other states, however, the benefit
amount increases as the number of dependents increases.

If you're also receiving survivors' benefits through Social Security, there may be an offset that reduces your workers' comp death
benefits.

How Long Do Death Benefits Last?

When death benefits are paid in installments, there are limits on how long those payments continue. In many states, surviving
spouses receive benefits until their own death or remarriage. Children can typically receive death benefits until they turn 18, or in
some cases, until they complete certain types of post-secondary education or vocational training. In other states, death benefits will
stop after a certain number of weeks or a certain maximum dollar amount has been reached, regardless of the children's age or the
surviving spouse's remarriage.

What Other Benefits Are Available Through Workers' Comp?

In all states, workers' comp pays at least a portion of funeral expenses for employees who've died as a result of their work injuries.
There's usually a maximum amount, which could be anywhere from a few thousand dollars to more than ten thousand dollars.

Workers' comp also covers the medical treatment that the employee received before dying. In general, you shouldn't be stuck
paying remaining medical bills. However, the employee's insurance company (or the state workers' compensation agency) may
review those bills to ensure that the treatment was necessary and related to the work injury or illness.

When Should I File a Claim?

There are strict time limits for filing a claim for death benefits. In many states, the limit is one or two years from the date of death or
the last payment of disability benefits. However, your state's laws might have longer or shorter time limits. For that reason, it's best
to make a claim as soon as possible.

3. (A)Define 'factory' under the factories Act, 1948. [4]*

According to the Factories Act, 1948, a factory is a place where a manufacturing process is carried out with the aid of power or
without power, and where at least 10 or 20 workers are working, depending on the use of power.

As per section 2 (m) of the Factories Act 1948, a factory is defined as premises or precincts where a minimum of 10 workers are
working on any day of the preceding 12 months or is ordinarily being carried on12. The primary goal of the Factories Act is to
safeguard employees in a factory from industrial and occupational risks.

(B) What are the general duties manufacturer as regard articles and substances for use in factory? [12]*

According to the Factories Act, 1948 , The general duties of manufacturers, importers, and suppliers of articles and substances for
use in factories are:

Ensure that the article is so designed and constructed as to be safe and without risks to the health of the workers when properly
used.

Carry out or arrange for the carrying out of such tests and examination as may be considered necessary for the effective
implementation of the provisions of clause (a).
Take such steps as may be necessary to ensure that adequate information will be available in connection with the use of the article
in any factory, about the use for which it is designed and tested, and about any conditions necessary to ensure that the, when put to
such use, will be safe, and without risks to the health of the workers.

If an article is designed or manufactured outside India, it shall be obligatory on the part of the importer to ensure that the article
conforms to the same standards if such article is manufactured in India, or if the standards adopted in the country outside for the
manufacture of such article is above the standards adopted in India, that the article conforms to such standards. Every person, who
undertakes to design or manufacture any article for use in any factory, may carry out or arrange for the carrying out of necessary
research with a view to the discovery and, so far as is reasonably, practicable, the elimination or minimisation of any risks to the
health or safety of the workers to which the design or article may give rise.

Nothing contained in sub-sections (1) and (2) shall be construed to require a person to repeat the testing, examination or research
which has been carried out otherwise than by him or at his instance in so far as it is reasonable for him to rely on the results thereof
for the purposes of the said sub-sections.

Any duty imposed on any person by sub-sections (1) and (2) shall extend only to things done in the course of business carried on by
him and to matters within his control.

Where a person designs, manufactures, imports or supplies an article on the basis of a written undertaking by the user of such article
to take the steps specified in such undertaking to ensure, so far as is reasonably practicable, that the article will be safe and without
risks to the health of the workers when properly used, the undertaking shall have the effect of relieving the person designing,
manufacturing, importing or supplying the article from the duty imposed by clause (a) of sub-section (1) to such extent as is
reasonably having regard to the terms of the undertaking.

For the purposes of this section, an article is not to be regarded as properly used if it is used without regard to any information or
advice relating to its use which has been made available by the person who has designed, manufactured, imported or supplied the
article.

(C) Define the manufacturing process. [10]

What is the nature of manufacturing?

The basic nature tells us whether a manufacturing process relies more on machines or on physical capital such as machines. Based
on this, the manufacturing process can be divided into two categories:

Capital-intensive manufacturing

Labor-intensive manufacturing

Capital-intensive manufacturing

Modern large-scale manufacturing is usually more capital intensive. Some rely on computer-aided machines to automate processes
with less human intervention. Thus, in their cost structure, costs for capital (such as machinery) have a higher proportion than labor
costs.

Labor-intensive manufacturing

Labor-intensive manufacturing relies more on labor than on machines. Thus, labor costs have a higher proportion than capital costs.

What are the types of manufacturing processes?

Manufacturing processes will vary between companies, depending on what goods they produce and their manufacturing system
setup. How materials and components are changed or converted, it can involve several manufacturing methods. The five types of
manufacturing processes are molding, forming, machining, joining, and machining.

Molding

Molding processes liquid or pliable raw materials and shapes them using a rigid frame. Manufacturers usually use it to produce
goods made from raw materials such as plastic, metal, or glass.
The term molding is synonymous with casting. The first usually involves plastic. Meanwhile, the second uses metal materials in the
process.

First, manufacturers heat the raw material until it becomes liquid. Then, they then poure it into the mold. The liquid then solidifies
and adopts the shape of the mold used. In expendable mold casting, they must crush the mold to remove the part. Meanwhile, in
permanent mold casting, they can use the mold repeatedly.

Forming

Forming uses compression or other types of stress to shape a workpiece to the desired shape without adding or removing material.
As a result, its mass also remains unchanged.

This manufacturing process is most often used to process metals. However, plastics also often involve this process.

Machining

Machining involves cutting material into a final shape to the desired specifications. It involves equipment such as saws, shears, and
spinning wheels. It can also use other methods such as laser machines to cut metal. Using chemicals through a photochemical
process is another method to make small thin metal parts with complex designs.

Machining is widely applied to make metal products. Furniture production also often involves this process.

Then, machining usually involves computers – called Computer Numerical Control (CNC) – to increase efficiency. CNC controls
operations without involving human intervention. Therefore, it reduces the labor cost.

Joining

Joining involves combining several parts or components to make one part. It can involve welding, soldering, mechanical fastening, or
brazing to join materials or components.

Take, for example in constructing a car body. Mechanical and thermal joining procedures are used to join materials and components
to form a car body.

Shearing

Sheet metal shearing uses a shear cutting machine and makes them into smaller parts. It is usually applied in working with
aluminum, brass, or paper and plastic inputs. The resulting pieces then go into the next manufacturing process, such as the forming
or drawing process.

4. Discuss the provisions relating to appointment, power and duties of Inspector under the Factories Act, 1948. [16] or, Discuss the
duties and functions of the Inspector under the Factories Act, 1948. [16]*

According to the Factories Act, 1948, the State Government has the power to appoint inspectors by notification in the Official
Gazette for the purposes of the Act12. The inspectors have the following powers within their local limits134:

Enter, examine and inquire into any factory premises or any accident or dangerous occurrence

Require the production of any prescribed register or document

Seize, or take copies of, any register, record or other document

Take measurements, photographs and recordings

Supervise the payment of wages to persons employed in factories

Investigate and recommend work-related accidents and their prevention measures

Prosecute and control violations of laws

Examine, test and certify stability of buildings, machineries and equipments

9. Powers of Inspectors.
9. Powers of Inspectors.—Subject to any rules made in this behalf, an Inspector may, within the local limits for which he is
appointed,—

(a) enter, with such assistants being persons in the service of the Government, or any local or other public authority, [iv][or with an
expert] as he thinks fit, any place which is used, or which he has reason to believe is used, as a factory;

[v][(b) make examination of the premises, plant, machinery, article or substance;

(c) inquire into any accident or dangerous occurrence, whether resulting in bodily injury, disability or not, and take on the spot or
otherwise statements of any person which he may consider necessary for such inquiry;

(d) require the production of any prescribed register or any other document relating to the factory;

(e) seize, or take copies of, any register, record or other document or any portion thereof, as he may consider necessary in respect of
any offence under this Act, which he has reason to believe, has been committed;

(f) direct the occupier that any premises or any part thereof, or anything lying therein, shall be left undisturbed (whether generally
or in particular respects) for so long as is necessary for the purpose of any examination under clause (b);

(g) take measurements and photographs and make such recordings as he considers necessary for the purpose of any examination
under clause (b), taking with him any necessary instrument or equipment;

(h) in case of any article or substance found in any premises, being an article or substance which appears to him as having caused or
is likely to cause danger to the health or safety of the workers, direct it to be dismantled or subject it to any process or test (but not
so as to damage or destroy it unless the same is, in the circumstances necessary, for carrying out the purposes of this Act), and take
possession of any such article or substance or a part thereof, and detain it for so long as is necessary for such examination;

(i) exercise such other powers as may be prescribed:]

Provided that no person shall be compelled under this section to answer any question or give any evidence tending to incriminate
himself.

5.Define Worker. Discuss various provisions of welfare and safety and health measure provided by the Factory Act, 1948. [16]*

The definition of worker under labour and industrial laws may vary depending on the context and the country. According to one
source1, a worker is an individual who performs any work or services for another party under a contract, except for those who are
clients or customers of a profession or business. In India, the new labour codes define a worker as any person employed in any
industry to do any work for hire or reward, except for apprentices, managers, administrators or supervisors2. There are also
different definitions for workers in relation to trade unions, social security, occupational safety and health, etc

A worker is “any person (except an apprentice as defined under clause (aa) of section 2 of the Apprentices Act, 1961) 1 employed in
any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the
terms of employment be express or implied” 2 with certain exceptions 3, and for the purposes of any proceeding under a labor code
4 in relation to an industrial dispute, the term ‘worker’ includes any person who has been dismissed, discharged or retrenched in
connection with, or as a consequence of such dispute, or whose dismissal, discharge or retrenchment has led to such dispute.

Section 11: Cleanliness in Every Factory

Under Section 11, every factory need to keep itself clean and free from effluvia arising from any drain, privy or other nuisance, and in
particular-

Accumulation of dirt and refuse should be removed daily by any effective method from the floors of workrooms and from staircases
and passages and disposed of in a suitable and efficient manner.

In case the floor is subject to become wet during the working time, then they should take proper drainage process or steps.

Clean the worker’s floor every week with proper disinfectant or any other effective method of cleaning.

Paint or repaint walls, ceilings, and staircases of the factory once in every 5 years.

Repaint the walls once in every 3 years in case of washable water paints.
Paint and varnish all doors and window-frames and other wooden or metallic framework and shutters at least once in a period of 5
years.

Special Point on Health Measures

If in view of the nature of the operations carried on in a factory or class or description of factories or any part of a factory or class or
description of factories, it is not possible for the occupier to comply with all or any of the provisions of sub-section (1), the State
Government may by order exempt such factory or class or description of factories or part from any of the provisions of that sub-
section and specify alternative methods for keeping the factory in a clean state.

Section 12: Disposal of Effluents and Wastes

Under this section following things should be considered:

(a) It is necessary for the factories to arrange proper and effective waste treatment and its disposal.
(b) The State Government may make rules prescribing the arrangements for the disposal and treatment of waste and effluents.

Section 13: Ventilation and Temperature

This section states:

Effective and suitable provisions should be made in every factory for securing and maintaining in every workroom proper ventilation
by circulation of fresh air. It also involves providing an adequate temperature at the workplace. For this, they should select the
material of the walls accordingly.

The State Government may prescribe a standard of adequate ventilation and reasonable temperature for any factory or class or
description of factories.

Lastly, if it appears to the Chief Inspector that excessively high temperature in any factory can be reduced by the adoption of
suitable measures, he can order them to use such a method.

Section 14: Dust and Fume

This section states that:

If dust and fume release in the manufacturing process of a factory then they should take effective measures to prevent its inhalation
and accumulation in the workplace. For this, they should use proper exhaust appliances in the workplace.

In any factory, no stationary internal combustion engine shall be operated unless the exhaust is conducted into the open air.

Section 15: Artificial Humidification

1. In respect of all factories in which the humidity of the air artificially increases, the State Government may make rules,-

Firstly, prescribing standards of humidification;

Secondly, regulating the methods used for artificially increasing the humidity of the air;

directing tests for determining the humidity of the air for correct carrying out and recording.

Lastly, prescribing methods for securing adequate ventilation and cooling of the air in the workrooms.

2. In any factory in which the humidity of the air artificially increases, they should purify the water (drinking water) before the
supply.

Learn more about Allied Provisions Act 1948 here in detail.

Section 16: Overcrowding

This section states:

Firstly, no room in any factory shall be overcrowded to an extent injurious to the health of the workers employed therein.
Secondly, a factory built after the commencement of this Act at least 14.2 cubic meters of space for every worker employed therein,
and for the purposes of this subsection, no account shall be taken of any space which is more than 4.2 meters above the level of the
floor of the room.

If the Chief Inspector by order in writing, may or may not post a notice specifying the maximum number of workers who may be
employed in the room.

Section 17: Lighting

This section states:

Firstly, There should be proper lighting in all the places of the factory from where the workers of the factory pass.

In every factory, effective provision shall, so far as is practicable, be made for the prevention of-

glare, either directly from a source of light or by reflection from a smooth or polished surface;

the formation of shadows to such an extent as to cause eye-strain or the risk of accident to any worker.

Section 18: Drinking Water

This section states that in every factory, there should be proper arrangements for a sufficient supply of wholesome drinking water
and shall be legibly marked as “drinking water”.

Section 19: Latrines and Urinals

This section states that every factory should make arrangements of latrine and urinals for the employees and the rules are laid down
by the State Government in this behalf.

Section 20: Spittoons

There should be a sufficient number of spittoons in the factories for the employees and they should be in clean and hygienic
condition according to this law

6. (A) Define 'minimum rate of wage'. [4] Distinguish between 'Fair Wages' and 'Living Wages'. (6) Discuss the power & function of
the Inspector under the Minimum Wages Act, 1948. [12]*

According to the International Labour Organization, a minimum wage is the lowest amount of remuneration that an employer is
required to pay wage earners for the work performed during a given period1. The purpose of a minimum wage is to protect workers
against unduly low pay and to ensure a fair share of the economic progress to all1.

The minimum wage laws vary across countries, sectors, regions and occupations. In India, the Minimum Wages Act, 1948 empowers
the Government to fix minimum wages for employees working in specified employments2. In the United States, the Fair Labor
Standards Act establishes a federal minimum wage of $7.25 per hour, but states can also have their own minimum wage laws

.. see short notes,

Stop Responding

According to the sources I found, fair wage is a wage that is above the minimum wage but below the living wage. The lower limit of
the fair wage is the minimum wage, while the upper limit is set by the capacity of the industry to pay.

Living wage is a wage that is at least greater than the poverty level. It is the minimum income necessary for a worker and his or her
family to have decent living standards34. A fair wage can be more than the living wage, but never lower, because living wage is one
of the elements of a fair wage2

(B) Explain the provision regarding fixing of minimum wages - procedure and payment under the Minimum Wages Act, 1948. [16]*

The Minimum Wages Act, 1948 is an Indian law that sets the minimum wages that must be paid to skilled and unskilled workers in
certain employments1. The law is applicable to the whole of India, except Jammu and Kashmir, and covers any employment that has
more than 100 employees in a state2. The law is legally non-binding, but statutory, and payment of wages below the minimum wage
rate amounts to forced labour1.

According to the law, the procedure for fixing minimum wages is as follows3:

The appropriate government (Central or State) may appoint committees and sub-committees to advise on the minimum wages for
different employments.

The government may also publish proposals for fixing minimum wages and invite objections or suggestions from interested parties
within a specified period.

After considering the advice of the committees and the objections or suggestions received, the government may fix or revise the
minimum wages by notification in the Official Gazette.

The minimum wages may be fixed for different classes of work, different localities, different periods of time, or different age groups
of workers.

The minimum wages may be fixed by the hour, by the day, by the month, or by any other period as may be prescribed.

The payment of minimum wages is regulated by the following provisions3:

The employer must pay every employee engaged in a scheduled employment under him wages at a rate not less than the minimum
wage fixed for that class of employees without any deduction except as may be authorised.

The employer must pay wages to every employee either by cheque or by crediting the wages in his bank account or in cash.

The employer must pay wages on or before the seventh day after the last day of the wage period in respect of which the wages are
payable. If there are more than 1000 employees, the payment must be made before the tenth day.

The employer must maintain registers and records giving particulars of employees, work performed, wages paid, deductions made,
etc. and produce them for inspection by authorised officials.

(C) Explain Fair Wages and Living Wages under the Minimum Wages Act, 1848. Who will be appointed as an Inspector under the
Minimum Wages Act? [8+8]*

See short notes,

Inspector Appointed under the Minimum Wages Act.

The appropriate Government may, by notification in the Official Gazette, appoint inspectors for the purposes of this Act. It may also
define the local limits within which these inspectors shall exercise their functions. Powers of Inspectors. An inspector, within the
local limits for which he is appointed, enjoys the following powers.

He may enter at all reasonable hours, with such assistants, being persons in service of the Government or any local or other public
authority, as he thinks fit, any premises or place where employees are employed or work is given out to out -workers in any
scheduled employment in respect of which minimum rates of wags have been fixed. He may examine any register, record of wages
or notices required to be kept or exhibited by or under this Act or rules made there under, and require the production thereof for
inspection.

He may examine any person whom he finds in any such premises or place and who, he has reasonable cause to believe, is an
employee employed therein or an employee to whom work is given out therein.

The inspector may require any person giving out work and any out-workers, to give any information, which is in his power to give,
with respect to the names and addresses of the persons to, for and from whom the work is given out or received, and with respect
to the payments to be made for the work.

The inspector has the power to seize or take copies of such register, record of wages or notices as he may consider relevant in
respect of an offense under the Act which he has reason to believe has been committed by an employer and

The inspector has the power to exercise such other powers as may be prescribed. Every inspector shall be deemed to be a public
servant with in the meaning of the Indian Penal Code, 1860.
7. (A) Define the term 'Employer' under the Minimum Wages Act withy case laws. [4] Write the remedies available to the workers
who have been paid less than the minimum rate of wages. [4] State briefly the general procedure for final determination of disputes.
[8]*

According to the Minimum Wages Act, 1948, an employer is defined as any person who employs, whether directly or through
another person, or whether on behalf of himself or any other person, one or more employees in any scheduled employment in
respect of which minimum rates of wages have been fixed under this Act123.

Some case laws on employer under the Minimum Wages Act are:

In Sarva Shramik Sangh vs State Of Maharashtra And Ors (2008), the Supreme Court held that the contractor who engages workers
for a principal employer is also an employer under the Act and liable to pay minimum wages4.

In State Of Punjab vs Labour Court, Jullundur And Anr (1979), the Supreme Court held that the Government is an employer under
the Act and bound to pay minimum wages to its employees5.

In Raptakos Brett And Co. Ltd vs The Workmen (1991), the Supreme Court held that the minimum wages fixed under the Act are not
sacrosanct and can be revised upwards by industrial adjudication.

.. The remedies available to the workers who have been paid less than the minimum rate of wages may vary depending on the
country and the law. For example, in India, the Industrial Disputes Act, 1947 (replaced by the Industrial Relations Code, 2020)
provides for the settlement of industrial disputes through conciliation, arbitration and adjudication by labour courts and tribunals12.
In some countries, such as the US and Canada, workers may also file a lawsuit or a complaint to recover the unpaid wages and other
damages

There are different remedies available to the workers who have been paid less than the minimum rate of wages under labour law,
depending on the country and the situation. For example:

In the UK, workers can complain to HMRC, which can take action against the employer, such as issuing a notice to pay money owed,
a fine, or legal action1.

In the US, workers can file a complaint with the Department of Labor’s Wage and Hour Division, which can investigate and enforce
the minimum wage laws23. However, there are some exceptions for certain types of workers, such as youth workers, students, or
workers with disabilities24.

In India, workers can file a claim with the authority appointed under the Minimum Wages Act, 1948, which can direct the employer
to pay the difference between the minimum wage and the actual wage paid, along with compensation.
.. The general procedure for final determination of disputes depends on the type of dispute resolution process chosen by the parties.
There are two major types of dispute resolution processes: adjudicative and consensual1.

Adjudicative processes, such as litigation or arbitration, involve a third-party decision maker, such as a judge, jury or arbitrator, who
determines the outcome of the dispute based on the evidence and arguments presented by the parties12.

Consensual processes, such as mediation, conciliation or negotiation, involve the parties themselves trying to reach a voluntary
agreement to resolve their dispute, with or without the assistance of a neutral facilitator13.

The final determination of disputes in adjudicative processes is usually binding and enforceable by law, while the final determination
of disputes in consensual processes is usually based on the mutual consent and satisfaction of the parties1.

Some examples of clauses that specify the final determination of disputes in different contexts are:

"If the Purchaser and the Seller are unable to resolve any disagreement with respect to the Final Closing Date Statement within 30
days after the Seller receives a timely notice of disagreement, the items of disagreement alone will be referred for final
determination to the U.S. national office of KPMG Peat Marwick or, if such firm is unable or unwilling to make such final
determination, to such other independent accounting firm as the parties will mutually designate."4

"A notice of determination that a dispute is frivolous or irrelevant must include the reasons for such determination and identify any
information required to investigate the disputed information, which notice may consist of a standardized form describing the
general nature of such information."5
(B) Discuss the liability of a employer to pay compensation under the Workmen's Compensation Act, 1923. [16]

The Workmen’s Compensation Act, 1923 imposes statutory liability upon an employer to discharge his moral obligation towards
employees when they suffer from any physical disabilities or diseases, during the course of employment in hazardous working
conditions. The Act has made it the responsibility of the employer to provide compensations to workers under them who fall as
victims of accidents within the course of employment. This is regardless of the degree of the accident that could have either led to
disablement or even death of a worker. When the principle of vicarious liability is applied, the employer is liable to pay
compensation irrespective of his/her negligence.

If personal injury is caused to a workman by accident arising out of and in the course of his employment his employer shall be liable
to pay compensation in accordance with the provisions of this Chapter2. The employer shall not be so liable in respect of any injury
which does not result in the total or partial disablement of the workman for a period exceeding three days; in respect of any injury
not resulting in death or permanent total disablement caused by an accident which is directly attributable to - the workman having
been at the time thereof under the influence of drink or drugs or the willful disobedience of the workman to an order expressly
given or to a rule expressly framed for the purpose of securing the safety of workmen or the willful removal or disregard by the
workman of any safety guard or other device he knew to have been provided for the purpose of securing the safety of workman2.

- (1) If personal injury is caused to a *[employee] by accident arising out of and in the course of his employment, his employer shall
be liable to pay compensation in accordance with the provisions of this Chapter: Provided that the employer shall not be so liable --

(a) in respect of any injury which does not result in the total or partial disablement of the *[employee] for a period exceeding three
days; (b) in respect of any injury, not resulting in death or permanent total disablement caused by an accident which is directly
attributable to—

(i) the *[employee] having been at the time thereof under the influence of drink or drugs,

or (ii) the wilful disobedience of the *[employee] to an order expressly given, or to a rule expressly framed, for the purpose of
securing the safety of *[employees], or

(iii) the wilful removal or disregard by the *[employee] of any safety guard or other device which he knew to have been provided for
the purpose of securing the safety of *[employee], (c) Omitted by Act 5 of 1929. (2) If an *[employee] employed in any employment
specified in Part A of Schedule III contracts any disease specified therein as an occupational disease peculiar to that employment, or
if a *[employee], whilst in the service of an employer in whose service he has been employed for a continuous period of not less
than six months (which period shall not include a period of service under any other employer in the same kind of employment) in
any employment specified in Part B of Schedule III, contracts any disease specified therein as an occupational disease peculiar to that
employment, or if a *[employee] whilst in the service of one or more employers in any employment specified in Part C of Schedule III
for such continuous period as the Central Government may specify in respect of each such employment, contracts any disease
specified therein as an occupational disease peculiar to that employment, the contracting of the disease shall be deemed to be an
injury by accident within the meaning of this section and, unless the contrary is proved, the accident shall be deemed to have arisen
out of, and in the course of, the employment:

Provided that if it is proved,-- (a) that an *[employee] whilst in the service of one or more employers in any employment specified in
Part C of Schedule III has contracted a disease specified therein as an occupational disease peculiar to that employment during a
continuous period which is less than the period specified under this sub-section for that employment; and

(b) that the disease has arisen out of and in the course of the employment, the contracting of such disease shall be deemed to be an
injury by accident within the meaning of this section: Provided further that if it is proved that a *[employee] who having served
under any employer in any employment specified in Part B of Schedule III or who having served under one or more employers in any
employment specified in Part C of that Schedule, for a continuous period specified under this subsection for that employment and
he has after the cessation of such service contracted any disease specified in the said Part B or the said Part C, as the case may be, as
an occupational disease peculiar to the employment and that such disease arose out of the employment, the contracting of the
disease shall be deemed to be an injury by accident within the meaning of this section.
8. (A)Explain the provision regarding the power and functions of the Commissioner under the Workmen's Compensation Act, 1923.
[16]

Powers and Duties of the Commissioner: The powers and duties of the commissioner are:

To deposit and distribute compensation [Section 8].

Powers to require from employers statement regarding fatal accident (Section 10A).

Power of settlement of disputes [Section 19(1)].

Power of transfer [Section 21 (2)].

Power to require further deposit in case of fatal accident [Section 22A].

Power of Civil Court [Section 23].

Power to order costs [Section 26].

Power to submit cases [Section 27].

Power to withhold certain payments pending decisions of an appeal [Section 30A].

Power of recovery [Section 31].

Power and duty to record evidence.

The Commissioner shall have all the powers of a Civil Court for the following purposes:

Taking evidence on oath,

Enforcing the attendance of witnesses, and

Compelling the production of documents and material objects.

The Commissioner under the Workmen’s Compensation Act, 1923 is an authority appointed by the government to settle disputes
and claims related to compensation for work-related injuries or death. The Commissioner has the following powers and functions12:

To deposit and distribute compensation [Section 8].

To require from employers statement regarding fatal accident [Section 10A].

To decide the liability, amount and duration of compensation [Section 19].

To transfer cases to other Commissioners [Section 21].

To appoint experts to assist in inquiries [Section 20].

To supersede the powers of civil courts in matters of compensation [Section 19].

(B) Define 'workman' under the Workman's Compensation Act, 1923. [6] What are the conditions under which an employer is liable
to pay compensation under this Act? [10]

According to the Workman Compensation Act, 1923, a workman is any person who is employed for wages in any kind of work and
who is under the contract of service or apprenticeship with an employer1. The act covers workers who are injured or die in an
accident arising out of or during their employment234.
Some additional information:

The act applies to workers in certain industries specified in the act, such as railways, mines, factories, plantations, etc1.

The act does not cover workers who are covered by the Employees’ State Insurance Act, 19481.

The act provides for the payment of compensation by the employer to the worker or his dependents in case of injury, disability or
death.

The employer's accountability to compensate an employee arises under section 3 of the Employees Compensation Act, 1923. Under
this section, five prerequisites are enumerated upon satisfying which the employer shall be accountable to pay compensation to an
employee, which are as following:[1]

1) If a personal injury' has been sustained by an employee:

If an employee while functioning in an establishment has sustained any personal injury (whether physical or phycological) by an
accident, then employer shall be liable to compensate such an employee. Personal injury has not been defined under the Act.
However, a personal injury is an injury caused to a person's physique, intellect or reputation due to a person's negligence,
remissness or illegitimate conduct.

A personal injury does not include an injury to someone's personal property. Common examples of such an injury may include motor
vehicle accidents, plane and railway accidents, accidents at employment, product defects, medical accidents, libel and slander etc.
According to this Act, personal injury also includes occupational diseases.

The case of Indian News Chronicle vs. Mrs. Lazarus[2], is a celebrated case in which the Court defined the scope of personal injury
caused to any workman while working in an establishment. In this case, the workmen went to a cooling room from a heating room
and contracted pneumonia and he died within a span of five days. The Court in this case held that the workmen died due to a
personal injury. A personal injury includes a physical injury.

2) If such a personal injury has been inflicted as a result of an accident:

In order to demand compensation from an employer, an employee must substantiate that those personal injuries have been
resulted out of an accident while executing his indispensable duties.

The term accident also has not been made clear under the Act. An accident, in normal parlance, can mean as an unexpected event
that results in harm to some person. An accident cannot be predicted as to enable any person to save themselves from any kind of
harm or injury. Likewise, an employee cannot predict any accident which resulted in an injury to him. Therefore, it is a responsibility
of an employer as a principle to render any compensation to an employee in case of such an accident.

3) If such an accident has arisen out of' and in the course of an employment:

The most essential requirement of getting compensation from an employer is to substantiate that the accident has been caused out
of the employment' or during the course of the employment', respectively. It does not suffice that an accident had been caused to
an employee.

It is equally necessary to prove that such an accident resulted out of the employment or in the course of such employment. An
employer is not entitled to compensate an employee on the basis of any accident alone. It might be the circumstance where the
injury has not been resulted during the course of the employment. The onus of proving that the harm is caused out of or during the
course of the employment is only upon the employee in this situation and not the employer. The employee has to substantiate his
case in front of a court.
It is necessary in the current situation to understand the meaning of the expressions, arising out of the employment' and in the
course of employment:

Arising out of employment

The expression arising out of employment refer to those incidents where there exists a relationship between the conditions under
which the work is required to be performed and the resulting injury. In simple words, there must be a connection between the harm
and work the deceased was doing. The accident must have resulted out of that work only. It is also necessary to satisfy a court that if
such a person has not been doing that work, the injury will not cause to him. If both the conditions are satisfied, the court will grant
the employee the right to claim compensation from the employer.

In the case of State of Rajasthan vs. Ram Prasad and another[3], the death of the employee was caused due to natural lightening
struck at him. The court held that the employee shall be liable to receive compensation as he satisfied the dual conditions:
· The lightening struck at the deceased when he was in employment of the employer; and
· If the deceased had not been on the work place where the lightening struck at him, the deceased would not have died.

In the course of employment

To make an employer liable to pay compensation, the workmen has to substantiate that the work performed was identical with the
time and place of the employment. In other words, the employee has to prove that the work was done during the working hours of
the employee and at the place of the employer. The employee also has to prove that he was executing his duties for the benefits of
the employer.

In the case of National Iron and Steel Company Limited vs Manorama[4], a boy was working on a tea shop which was situation
outside the factory premises. His duty was to provide tea to all the workers placed in the factory. The boy while coming out of the
premises passed a violent mob of workers. The police, in order to protect themselves from the attack of workers, fired on the mob
which also hit the boy and he died instantly. The court held that the deceased shall be liable to compensation as he was working
during his working hours at the place of premises and also, he was executing his duties for his employer.

4) If such an injury resulted in permanent or partial disablement of an employee for a period exceeding three days:

If an injury caused to an employee from the accident results in his permanent or partial disablement for a period in excess of three
days, then the employer shall be liable to render compensation to such employee.

The permanent or partial disablement has been defined under the Act[5]. Partial disablement can be both temporary and
permanent. When the disablement is of temporary in nature, such disablement reduces the earning capacity of the employee in any
employment in which he was engaged at the time the accident took place and when the disablement is permanent, it reduces the
earning capacity in every employment he could engage when the accident took place.

5) If such an accident resulted in death of an employee:

The last requirement which will enable the heirs of employee to receive compensation is to prove that such accident resulted in
death of the employee. If it is proved in front of the court that the death was caused by an accident occurred out of or in the course
of the employment, then the heirs of the employee shall be entitled to receive compensation.

EXCEPTIONS TO THE ABOVE PRE-REQUISITES

The Act, along with the prerequisites, also listed few exceptions in order to safeguard the employer from paying compensation
which are as following[6]:

The injury which resulted from an accident does not result in total or partial disablement of an employee for period in excess of
three days;

The injury does not result in death of the employee;

The employee, at the time of accident, was drunk;

The employee intentionally disobeyed any rules or regulations framed for the safety of employees; and

The employee intentionally disregarded or removed the safety grounds framed for their safety.

LIABILITY OF AN EMPLOYER IN CASE OF AN OCCUPATIONAL DISEASE[7]

The schedule 3 attached to the Act describes some occupational diseases in three parts (A, B and C) peculiar to their employment. If
a case of an employee falls under Schedule 3, then the employer shall be liable to pay compensation to the employee. These
occupational diseases mentioned in the schedule connotes that they shall deemed to be injury by accident when any question
appear before the court regarding the liability of the employer as against the employee.

Part A of Schedule 3:
Where the employee is in the employment specified under Part A contracts any occupational disease, he shall be liable to receive
compensation from the employer.

Part B of Schedule 3:
Where the employee is in the employment specified in Part B for a duration of not less than six months, contracts any occupational
disease, which arose out of the employment, he shall be liable to receive compensation. (Single employer)

Part C of Schedule 3:
Where the employee is in the employment specified under Part C under more than one employer, for a period as may be specified
by Central government, contracts any occupational disease, arising out of or during the course of employment, he shall be liable to
receive compensation from the employer.

Liability of employer after cessation of employment by an employee

Part A of Schedule 3:
If an employee, after he left the employment, contracts any disease specified in Part A, he shall not be liable to receive
compensation from the employer.

Part B of Schedule 3:
The following conditions has to be satisfied by the employee in order to receive compensation after he left the employment:
(a) The employee has been in employment under an employer for not less than six months;
(b) The employee after he left the employment contracts any disease specified in Part B; and
(c) The disease arose out of the employment.

Part C of Schedule 3:
The following conditions has to be satisfied in order to receive compensation after he left the employment:
(a) The employee has been in employment under one or more employers for a period as may be specified by Central government;
(b) The employee after he left the employment contracts any disease specified in Part C:
(c) The disease arose out of the employment.