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INDUSTRIAL RELATIONS & LABOUR WELFARE

UNIT- I: INDUSTRIAL RELATIONS

PART-A

QUESTIONS & ANSWERS

Q1. Define Industrial Relation.Ans. The term “industrial relations” commonly denotes employee-employer relations”

in both organized and unorganized sectors of economy.

Q2. Mention the features pertaining to Industrial relation.Ans. A few features pertaining to industrial relations are as under:-

1) Industrial relation do not emerge in vacuum they are born out of employment relationship in an industrial setting .Without the existence of two parties, i.e., labour and management this relationship cannot exist.

2) Industrial relations are characterized by both conflict and co-operation. The focus of industrial relations is on the study of the attitudes relationships practices and procedures developed by contending parties to resolve conflicts.

3) The study of industrial relations includes vital environmental issues like technology of the workplace, country’s socio-economic and political environment, nation’s labour policy attitude of trade union.

4) Industrial relation also study the laws, rules, regulations, agreements, awards of courts, as well as policy framework laid down by the government for elicitingco-operation between labor and management.

Q3. What are the aspects of industrial relation?Ans. Main aspects of industrial relations are:-

1) Promotion and development of healthy labour management relations;2) Maintenance of industrial peace and avoidance of industrial strife and3) Development of industrial democracy.

Q4. Specify some of the factors that affect industrial relation?Ans. Factors affecting Industrial relations

The industrial relations systems of an organization influenced by a variety of factors. A few important are:-1) Institutional factor 2) Economic factor 3) Social factor4) Technological factor 5) Psychological factor 6) Political factor

7) Enterprise related factor 8) Global factors

Q5. Mention the Psychological approaches to industrial relations

Ans. Psychological approaches to industrial relations:- The psychologists are of view that the problem of industrial relations are deeply rooted in the perception and the attitude of focal participants. This was studied nicely by Manson Harie. The conflict between labour & management occurs & every group negatively views the behavior of each other. Strained inter personal and inter-group relations breeds disharmony in the system.

Q6. Mention the Sociological approach to industrial relations.Ans. Sociological approach to industrial relations:- Sociological aspect of the problem

are more important than other one. This includes various Sociological factors like value system, customs norms, attitude and perception of both labour & management that affect the industrial relations in varied ways. So the analyzing of social change cannot be overlooked.

Q7. Mention the Human relations approach to industrial relations.Ans. Human relations approach to industrial relations:- Among all the areas of

management perhaps one of the most delicate and tricky ones is concerned with human resource management. Pulsating human being having their own emotions perception attitude etc is radically different from that of physical material. So when resources are not properly managed the problem of industrial surfaces. This can be only managed by deciphering and managing of human behavior at both individual and group level.

Q8. Mention the System Approach to industrial relations.Ans. System Approach to industrial relations:- John Dunlop has developed a system

approach. This approach is quite helpful in studying the industrial relations in the sense that it focuses on participants in the process, environmental forces and the output . the basic elements of system are:- 1) participants in the system. 2)An ideological thinking 3) the context or environment.

Q9. Name the Components of Industrial relations system.Ans. Industrial relation system is made of certain institutions, which are popularly

known as “ three actors” of the system. In all developed and developing countries these actors are… workers (employees) and their organizations (trade unions), management(employers) and their organization (employer’s association/ federation), the government. These actors jointly determine the output of the system , which largely consists of rules/regulations relating to terms and conditions of employment.

Q10. Mention the importance of Industrial relation.Ans. With the increased sophistication of work methods and techno based HRM

policies a new dimension has emerged in industrial relation. The pattern of industrial relation in the organize sector of economy has a definite impact on

labour management relations in the un-organized sector. The industrial relation has major impact on the Indian political system in way of trade union formation and its activities.

Q11. Define ILO.Ans. “International labour Organization”. It was established in the year 1919. The

objective this forum was that trade unions of different countries can combine together for fighting for their fundamental rights.

Q12. Define Trade Union.Ans. A few commonly citied definitions are:-

Dale yoder “ A trade union is a continuous association of wage-earners for the purpose of maintaining or improving the conditions of their working lives”

Indian Trade Union Act 1926 “ A trade union is any combination whether temporary or permanent ,formed primarily for the purpose of regulating the relations between workmen and employers , or between workmen and workmen, between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions”.

Q13. State the features of Trade Unions.Ans. General Features of trade Union

1. The Trade union is an association either of employers or employees or of independent workers.

2. Labour unions are relatively permanent association of workers and are not temporary or casual.

3. A trade union is an association of workers who are engaged in securing economic benefits for its members.

4. The character of trade union has been constantly changing with the present scenario.

Q14. State the functions of Trade Unions.Ans. Functions of Trade Union in India

1. To achieve higher wages and better working and living conditions for the members.

2. To acquire control over industry by workers.3. To minimize the helplessness of individual workers by making them stand up

Unitedly and increasing their resistance power through collective bargaining.4. To raise the status of the workers .5. To generate self confidence among the workers.6. To encourage sincerity and discipline among workers.7. To take welfare measures for improving the morale of the workers.

Q15. What are the goals of Trade Union?

Ans. The basic goal on which trade union is formed is to protect the interest of its member and obtain their fundamental rights.

Q16. What are the objectives of Trade Union?Ans. 1) To protect and advance the interest of the workers who are its members.

2)To plead for and secure progressive industrial democracy.3)To educate the workers about their rights and responsibility.

Q17. Name the 6 periods in which the growth and development of trade union occurred.

Ans. The growth and development of the labour movement and trade unions in India can be divided into following periods:-

1. Social welfare period from 1875 to 1918.2. Early Trade Union period from 1918 to 1924.3. Left wing Trade Unionism period from 1924 to 1934.4. Trade Union Unity period from 1935 to 1938.5. Second World War period from 1939 to 1945.6. Post Independence period from 1947 to date.

Q18. Specify the rights of registered Trade Union.Ans. 1) the trade Union can spend general funds on the salaries of the staff and office

bearers, prosecution and defence for protecting trade rights , conduct of trade disputes on behalf of the trade unions.2) The Union Can Change the name of the union, amalgamate it with other trade union.3) The union can appeal against the order of the registrar in a civil court.

Q19. How many members together can apply for registration of Trade Union?Ans. Any seven or more members of a trade union can apply for registration by

subscribing their names to the rules of the trade union and by complying with the provisions of the act.

Q20. Specify the eligibility criteria for becoming a member of Trade Union.Ans. According to section 21 of Trade union act , any person who is above the age of

15 years may become a member of the registered trade union. However it is subject to any rules of the trade union to the contrary.

Q21. Specify the problems in a Trade Union.Ans. The following are the most important and pressing problems :-

1) Uneven growth (Industry wise and Area wise).2) Small Size of Unions.3) Financial Weakness.4) Multiplicity of unions and inter-union rivalry.5) Leadership issue. 6) Politicalisation of unions.7) Problems of recognition of trade union.

Q22. What is Code of Conduct?Ans. The four central labour organizations (INTUC,AITUC,HMS, UTUC) voluntarily

adopted an inter-union “code of conduct” on may 21,1958 for the maintenance of harmonious inter union relations:-1) Every employee in industry shall have freedom and right to join a union of his

choice.2) There shall be no dual membership of unions.3) There shall be unreserved acceptance of and respect for the democratic

functioning of trade unions.4) Casteism, communalism and provincialism shall be eschewed.5) There shall be regular and democratic elections of executive bodies.6) There shall be no violence, coercion, intimidation in inter union dealing.

Q23. What is worker’s participation in management?Ans. Management point of view- it is joint consultation prior to decision making.

Workers point of view- as a system of communication and consultation.

Q24. State few main characteristics of worker’s participation in management.Ans. 1) Participation refers to the practices which increases the scope for employees

share of influence in decision making at different levels of the organization.1) Participation takes place through the mechanism of the forum and practices which

provides for association of workers representatives.

Q25. What are the objectives of worker’s participation in management?Ans. 1) To install good communication system.

2) To develop mutual understanding.3) To provide sense of belongingness.

Q26. Name few forms of worker’s participation in management.Ans. Collective Bargaining, Work Council, Joint Management Councils and

committee.

Q27. What is Collective bargaining?Ans. Collective bargaining is the technique that has been adopted by unions and

management to reconcile their conflicting interest.

Q28. State the essential features of Collective bargaining.Ans. 1) It is flexible and mobile.

2) It is group action not individual action and is initiated through the representative of workers. 3) It is continuous process and dynamic in nature.

Q29. State the importance of Collective bargaining.Ans. 1) It gives order and stability to industrial relation.

2) Achieve an efficient operation of the plant.

3) Increase the economic strength.

Q30. What are the Characteristic needs of Trade union?Ans. 1) It must be internally strong.

2) It must be responsible so that it can use the power in economic way.3) It must be internally democratic.

PART-B

Q1. Explain the concept of Industrial Relations.Ans. Introduction-Industrial relation definition- Features of Industrial relation-

Importance of Industrial relation-Conclusion.

Q2 Enumerate the various factors that affect industrial relation.Ans. Introduction of Industrial relations- industrial relations systems of an organization

influenced by following factors-1) Institutional factor-2) Economic factor- 3) Social factor-4) Technological factor-5) Psychological factor-6) Political factor

7) Enterprise related factor-8) Global factors-Conclusions.

Q3. Explain the Various approaches to Industrial relations.Ans. Introduction of Industrial relations- Various Approaches - Psychological

approaches - Sociological approach - Human relations approach - System Approach- Conclusions.

Q4. Briefly discuss on the various problems of Indian Trade unions.Ans. Trade Union Definition-Most important and pressing problems :-1)Uneven

growth (Industry wise and Area wise).-2)Small Size of Unions.-3)Financial Weakness.-4)Multiplicity of unions and inter-union rivalry.- 5)Leadership issue.-6)Politicalisation of unions.-7)Problems of recognition of trade union.

Q5. Write an essay on the growth of trade union in India.Ans. Trade Union Introduction- Definition of Trade union- Mention the period-

1.Social welfare period from 1875 to 1918.- 2.Early Trade Union period from 1918 to 1924.- 3.Left wing Trade Unionism period from 1924 to 1934.-4.Trade Union Unity period from 1935 to 1938.- 5.Second World War period from 1939 to 1945.- 6.Post Independence period from 1947 to date.-conclusion.

Q6. Discuss the problems of industrial relation in public sector.Ans. Introduction of Industrial relation-Areas of problems – economic policies for

stoppage Industrial disputes-Workers participation- Trade union-Conclusion.

Q7. Explain the Components of Industrial relations system.Ans. Industrial relation-Components of industrial relation like trade union,

management, and government-conclusion.

Q8. Explain the features & Functions of Trade Unions.Ans. Trade Union Definition-Main objective of trade union- Goals of trade union-

features & functions- Conclusions.

Q9. Explain the concept of Collective bargaining.Ans. Collective bargaining- objective-importance-features- conclusion.

Q10. What is worker’s participation in management? State main characteristics of worker’s participation in management.

Ans. Definition- Management point of view- Workers point of view- objective-characteristics- conclusion.

UNIT –II : INDUSTRIAL CONFLICTS

PART-A

QUESTIONS & ANSWERS

Q1. Define Industrial dispute.Ans. An industrial dispute may be defined as a conflict or difference of opinion

between management and workers on the terms of employment. It is a disagreement between an employer and employees' representative; usually a trade union, over pay and other working conditions and can result in industrial actions. When an industrial dispute occurs, both the parties, that is the management and the workmen, try to pressurize each other.As per Section 2(k) of Industrial Disputes Act,1947, an industrial dispute in defined as any dispute or difference between employers and employers, or between employers and workmen, or between workmen and which is connected with the employment or non-employment or the terms of employment or with the conditions of labor, of any person.

Q2. What are the Principal objectives of Industrial dispute Act 1947?Ans. 1) To promote measures for securing and preserving amity and good relations

between employees and employer.2) To make investigation and settlement of Industrial dispute.3) To facilitate collective bargaining.

Q3. Mention Industrial related factors which cause Industrial disputes.Ans. Industry related factor:-

a) Leave and working hoursb) Non-implementation of agreements and awards etc.c) Indiscipline and violenced) Inter/Intra Union Rivalrye) Work Load

Q4. Mention Management related factors which cause Industrial disputes.Ans. Management related factors:-

a)Wages and allowancesb) Personnel and retrenchmentc) Bonusd) Not willing to talk over any dispute wit the employees.

Q5. Mention Government related factors which cause Industrial disputes.Ans. Government related factors:-

a) Changes in economic policies b) Growing irrelevance of government conciliation

Q6. Mention other/ miscellaneous related factors which cause Industrial disputes.Ans. Other factors:-

a) Political instability and the strained centre and state relation.b) Corruption in industry and public life.

Q7. What is the Impact of Industrial dispute?Ans. The consequences of industrial disputes are very far reaching , for they distrub the

economic , social and political life of a country. Industrial disputes result in a huge wastage of mandays and dislocation in the production work. When such stoppage of work take place the short supply of consumer goods result in sky-rocketing of prices, and leads to their non availability in the open market. The worker losses the wages for the strike period and in turn it disrubs their family life.The employers suffer heavy losses , not only through stoppage of production,reduction in sales and loss of market .In public /Society it creates law and order problems.

Q8. What is a Strike?Ans. Strike action, often simply called a strike, is a work stoppage caused by the mass

refusal by employees to perform work. A strike usually takes place in response to employee grievances.

Q9. What are the essential features of a strike?Ans. 1) It must result in cessation of work.

2) It due to a concerted refusal or refusal under a common understanding.3) It should be by the person employed in the industry.

Q10. What is Stay away strike?Ans. Stay away strike:- Workmen do not come to the workplace during work hours.

Q11. What is Sit-down and stay –in strike?

Ans. Sit down and stay in strike:- A group of employees interested in attaing certain objectives in particular business take possession of property of that business, establish themselves in plant, stop it production.

Q12. What is Tools-down strike/ Pen-down strike?Ans. Tools Down Strike-lay down their tools and refrain from doing work.

Q13. What is Go-Slow Strike?Ans. Go-Slow- Reduce the sped of work to adopt dilatory tactics to reduce production.

Q14. What is Gherao?Ans. Ghero- Physcial blockade of a target by encirclement.

Q15. What is Hunger Strike? Ans. The most come way of doing strike. In general sense in this kind of strike the

person(s) involved will go without food for one day or till his demand is met.

Q16. How to prevent a strike from happing?Ans. Prevention of strikes

Following suggestion may prove fruitfull:-1. The Management should adopt well defined, precise, clear HRM policies for good

industrial relations.2. Effective administration & Timely implementation.3. Effective two way communication system in operation.4. Provide just & humane conditions of work, along with suitable welfare activites.5. Should give recognition to representative union6. Should ensure joint consultantion and encourage collective bargining.

Q17. Define Industrial PeaceAns. Disputes are a menace to industry, society, employer,employee, and country.

Such a state off have lead to arise the need for Industrial peace. “Industrial peace signifies the active presence of harmonious and good industrial relations generating amity & good will between industry-a conditition which is both the cause and effect of fruitful co-operation.”

Q18. What is lay-off?Ans. Refers to the action of employees to temporarily close down or refuse to work

with intention of forcing employer to accept their demand.

Q19. What is lock-out?Ans. Refers to the action of an employer to temporarily close down or shut down or

refuse to provide jobs to employees with intention of forcing them to accept his demand.

Q20. Define Conciliation

Ans.. Conciliation' is an alternative dispute resolution (ADR) process whereby the parties to a dispute (including future interest disputes) agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences. Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award. Conciliation differs from mediation in that the main goal is to conciliate, most of the time by seeking concessions. In mediation, the mediator tries to guide the discussion in a way that optimizes parties needs, takes feelings into account and reframes representations.

Q21. Write the qualities of Conciliator.Ans. 1)Independence and Impartiality,2) Get along wit people,3) Clear headness and

mature judgement, 4) Acquainted with law and regulations.

Q22. Mention the role played by conciliator in conciliation process.Ans. Role of Conciliator

1. As a discussion Leader:- He reduce the irrationality and antagonism between parties. He guide them towards a problem solving approach.He ensure both parties discuss their differences.

2. As a safety valve:- places himself in the position of an alternative target when he feel the parties are in an aggressive mood.

3. As a Innovator and protector

4. As a Stimulator & Adviser

5. As a promoter for collective barginging

Q23. What are the various types of conciliation process?Ans. Types of conciliation

1. Voluntary :- The disputes are refeered to the conciliation by the both parties of their own free will ; they agree to have their disputes settled by an otsider, but free to accept or not accept the decision.

2. Compulsory:- The prodcedure is made compulsory by provisions requireing the parties attendance at conciliation procedding or empowering the cociliation authority to compel their attendance at such proceeding as well as by the prohibition of strikesor lockout.

Q24. Define ArbitrationAns. Arbitration , in law, is a form of Alternative Dispute Resolution - specifically, a

legal alternative to litigation, whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a NEUTRAL third party called the Arbitrator (s) or Arbiter (s) for resolution. The "Disputes-Settlement-Trust" plays the role of a NEUTRAL in the Arbitration conducted by the Trust.

As defined under Section 2(1)(a) it covers any arbitration whether it is administered by any permanent arbitral institution or not. It also covers arbitration relied on voluntary agreement by the private parties or by operation of law. The Arbitration and Conciliation Act does not provide definition of the word "Arbitration" but its literally recognised meaning is that "settlement" of differences or disputes by mutual understanding or agreement by the parties where the rights and liabilities of the parties are determined in judicial point of view which are binding to them, such settlement may be before the arbitral tribunal but not by the court of law.

Q25. Write the qualification of Arbitrator.Ans. 1) An understanding of the complexities of the labour-management relations.

2) A knowledge of operation of arbitration process.3) High integrity

Q26. What are the various types of Arbitration process?Ans. Types of conciliation

Voluntary :- The disputes are refeered to the arbitration by the both parties of their own free will.Compulsory:- The prodcedure is made compulsory by provisions requireing the parties attendance at arbitration procedding.

Q27. State the advantages of Arbitration process.Ans. Parties often seek to resolve their disputes through arbitration because of a

number of perceived potential advantages over judicial proceedings:1. when the subject matter of the dispute is highly technical, arbitrators with an

appropriate degree of expertise can be appointed 2. arbitration is often faster than litigation in court 3. arbitration can be cheaper and more flexible for businesses 4. arbitral proceedings and an arbitral award are generally secret 5. because of the provisions of the New York Convention 1958, arbitration

awards are generally easier to enforce in other nations than court judgments 6. in most legal systems, there are very limited avenues for appeal of an arbitral

award

Q28. State the evils of Arbitration process.Ans. Some of the disadvantages of arbitration can be that:

1. consumers and employees usually do not know in advance that they have been forced into mandatory binding pre-dispute arbitration by purchasing a product or taking a job

2. if the arbitration is mandatory binding pre-dispute arbitration, the individual must, in advance, give up his or her right to access the courts and have a judge or jury decide the case

3. the parties need to pay for the arbitrators, which adds an additional layer of legal cost that can be prohibitive, especially in small consumer disputes

4. a recovery of attorneys' fees is usually unavailable, making it difficult or impossible for consumers or employees to get legal representation

5. the arbitrator depends on the corporation for repeat business, so there is an inherent incentive to rule against the consumer or employee

6. there are very limited avenues for appeal, which means that an erroneous decision cannot be overturned

7. although usually thought to be speedier, when there are multiple arbitrators on the panel, juggling their schedules for hearing dates in long cases can lead to delays

8. in some legal systems, arbitral awards have fewer enforcement remedies than judgments

9. arbitrators are generally unable to enforce interlocutory measures against a party, making it easier for a party to take steps to avoid enforcement of an award, such as the relocation of assets offshore

10. rule of applicable law is not binding, and arbitrators not subject to overturn on appeal may be more likely to rule according to their personal ideals

11. large corporations may exert inappropriate influence in consumer disputes, pressuring arbitrators to decide in their favor or lose future business

Q29. Define Adjudication.Ans. The ultimate legal remedy for the settlement of an unresovled industrial dispute is

its referenece to adjudication by the government. “Adjudication involves intervention in the dispute by a third party appointed by the government for the purpose of deciding the nature of final settlement.”

Q30. Mention the importance of Adjudication.Ans. The importance of Adjudication process can be felt in Social way as well as in the

form of economical way.

Q31. What are the various types of Adjudication process?Ans. Types of adjudication:-

1. When both parties at their own accord agree to refer the dispute to adjudication it is called as Voluntary adjudication.

2. On the other hand when reference is made to adjudication by the government without the consent of either parties to the dispute it is known as Compulsory adjudication.

Q32. State the three-tier system of adjudication.Ans.. Three-tier system of adjudication

Industrial dispute act 1947 provides three-tier system of adjudication 1)Labour court –adjudicate upon disputes listed in schedule II of the act.2) Industrial tribunal- adjudicate upon disputes listed in schedule II / III of the act.3) National tribunal – adjudicate upon disputes of national importance

Q33. Write a note on labour court in three-tier system of adjudication.

Ans. One or more labour courts may be constituted by the appropriate government for adjudicating on industrial disputes relating to any matter in second schedule to the act.

Q34. Specify the constitution of labour court in adjudication system.Ans. Labour Court

ConstitutionA labour court shall consist of one person whoa) Is or has been judge of high courtb) Has been for a period of not less than 3 yearsc) Has held judicial office in India for not less than 7 years

Q35. Specify the jurisdiction given by labour court in adjudication system.Ans. Labour Court

JurisdictionThe jurisdiction of labour court extends to the adjudication of the following disputes:-

a) Propriety or legality of order passed by employer.b) Application & Interpretation of standing order.c) Discharge or dismissal of workersd) Withdrawal of any customary concession.e) Illegality or otherwise of a strike or lockout.

Q36. Write a short note on Industrial tribunal in three-tier system of adjudication.Ans. The appropriate government may appoint one or more industrial tribunals for the

adjudication of industrial disputes relating to any matter specified in the 3rd and 2nd schedule. The matters which are in the form of new demand and give rise to industrial disputes are usually referred to Industrial tribunal.

Q37. Specify the constitution of Industrial tribunal in adjudication system.Ans. Industrial Tribunals

ConstitutionA industrial tribunal shall consist of one or more person who

a) Are or have been judge of high courtb) Have been for a period of not less than 3 yearsc) Have hold office of the chairman or member of labour appellate tribunal for not less than 2 years

Q38. Specify the jurisdiction given by Industrial tribunal in adjudication system.Ans. Industrial Tribunals

JurisdictionThe jurisdiction of industrial tribunal extends to the adjudication of the following disputes:-

a) Wages, Compensatory and other allowanceb) Hours of workc) Leave with wages and holiday

d) Rules of disciplinee) Classification of gradesf) Rationalizationg) Retrenchment of workmen.

Q39. Write a short note on National tribunal in three-tier system of adjudication.Ans. The central government may by the notification in the official gazette constitute

one or more national tribunal for the adjudication of industrial disputes which in the opinion of government involves questions of national importance and that with this more than one state is being affected.

Q40. Specify the constitution of National tribunal in adjudication system.Ans. National Tribunal

ConstitutionA national tribunal shall consist of one or more person who

a) Are or have been judge of high courtb) Have hold office of the chairman or member of labour appellate tribunal for not less than 2 years

Q41. What do you mean by golden handshake?Ans. Golden Handshake represents golden gift handed over by employer to employees

when the opt for pre-retirement . The significance of this is , that the employer hands over a bag of gold gift for his meritorious services to the organization. Now –a days this concept of golden handshake is called as Voluntary Retirement Scheme(VRS).

PART-B

Q1. What is industrial dispute? Ans. Industrial Dispute definition- Industrial dispute features- Impact of industrial

dispute- conclusion.

Q2. Elaborate the causes for Industrial disputes.Ans. Industrial Dispute definition- Cause of industrial dispute- Industry related factor-

Management related factors- Government related factors- Other related factors- conclusion.

Q3. Discuss in detail about Strike.Ans. Definition of strike- features of strike- types of strike-Impact of strike.

Q4. Explain the concept of ConciliationAns. Conciliation definition- the qualities of Conciliator- role played by conciliator in

conciliation process- types of conciliation process-conciliation process-conclusion.

Q5. Explain the concept of Arbitration

Ans. Arbitration definition- the qualities of arbitrator- role played by arbitrator in conciliation process-types of arbitration process-arbitration process-conclusion

Q6. Discuss in detail about labour court in adjudication system.Ans. Adjudication system-introduction Labour Court - Labour court Constitution-

Labour Jurisdiction

Q7. Discuss in detail about Industrial tribunal in three-tier system of adjudication.Ans. Adjudication system-Industrial tribunal-constitution of Industrial tribunal -

jurisdiction given by Industrial tribunal in adjudication system.

Q8. Write a essay on National tribunal in three-tier system of adjudication.Ans. Adjudication system- national tribunal constitution of National tribunal in

adjudication system- areas of jurisdiction-conclusion.

Q9. Elaborate Industrial Peace.Ans. Industrial dispute definition- Cause for dispute- Impact of industrial dispute-

Industrial peace definition-benefits of industrial peace.

Q10. State the advantages and evils of Arbitration process.Ans. Arbitration definition –Objective arbitration- arbitration process- advantages and

evils of Arbitration process-conclusion.

UNIT III: LABOUR WELFARE

QUESTIONS & ANSWERS

PART-A

Q1. What is labour welfare?Ans. According to the Committee on labour welfare, welfare services should mean:

“Such services, facilities and amenities as adequate canteens, rest and recreation facilities, sanitary and medical facilities, arrangement for travel to and from place of work and for the accommodation of workers employed at a distance from their homes; and such other services, amenities and facilities, including social security measures , as contribute to the conditions under which workers are employed.”

According to ILO, welfare services should mean:“Such services, facilities and amenities as may be established in or in the vicinity of undertaking to enable the persons employed in them to perform their work in healthy, congenial surroundings and provided with amenities conducive to good health and high morale.”

Q2. Mention basic characteristics of labour welfare.

Ans. 1) The welfare measures are undertaken within the premises for the benefit of the employees and the members of their families.2) The main purpose of providing welfare amenities is to improve the personality of the worker in terms of social, psychological, economic, moral, cultural.3) To provide social security.

Q3. Mention the principles of Labour welfare servicesAns. Need based services to the workers

The service should have an individual approach.The employer should be kind enough for attend the workers grievances.The cost of the service should be reasonable.A continuous evaluation of the service is necessary.

Q4. Write a short note on the need for labour welfare work.Ans. The need for the labour welfare arises from the very nature of the industrial

system, which is characterized by two basic factors; one the conditions under which work is carried on are not congenial for health; and second when a labourer joins an industry, he has to work in an entirely strange atmosphere, which creates problems of adjustment.The working environment in a factory and long hours of job( Beyond the working schedule) have adverse effects on the workers . Hence the need for provision of welfare service within the premises was felt.To make the worker adapt to new surrounding , the need for welfare services aroused.

Q5. Mention the aim of labour welfare work. Ans. The labour welfare work aims at providing such service facilities and amenities as

would enable the workers employed in industries/factories to perform their work in healthy, congenial surroundings conducive to good health and high morale.

1. It is partly humanistic, for it enables the workers to enjoy a fuller and richer life.2. It is partly economic because it improves the efficiency of the worker, increases

its availability where it is scare and keep him contented.3. The aim is partly civic because it develops a sense of responsibilities and dignity

among the workers& thus makes them worthy citizens of the nation.

Q6. Define labour welfare officer.Ans. WELFARE OFFICERS. - (1) In every factory wherein five hundred or more

workers are ordinarily employed the occupier shall employ in the factory such number of Welfare officers as may be prescribed. (2) The State Government may prescribe the duties, qualifications and Conditions of service of officers employed under sub-section (1).

Q7. Write the qualification of welfare officer.

Ans. 1) He must a university degree in social service or social work or social welfare from a recognized institution.2) Adequate knowledge of the language spoken by the majority of the workers in the area.

Q8. Write the duties of labour welfare officer.Ans. He must supervise the safety, health and welfare programmes for workers.

He must advise the management in matter relating to formulation of labour & welfare policies , workers education & training, developing fringe benefit.He must establish liaison with workers so that they may understand the limits in which they have to work.

Q9. Mention the various types of welfare measures.Ans. The services can be categorized into three types:-

1.Economic services: - To provide some additional economic security over and above wages or salaries, such as pension, life insurance, credit facilities etc. 2.Recreational services: -3.Facilitative Services:- like Housing facilities, Medical facilities, Washing facilities, Education facilities, Leave travel concession

Q10. Specify any three voluntary welfare measures.Ans. HOUSING FACILITIES

TRAINING: In – house training programs on various aspects of Material handling, Safety precautions etc. through the faculties specialized in the field are organized. Imparting training in computer and other administrative matters by mean of liaison with national institute and other training institutes. Apart from this:-a) Workers Educationb) Free school education facilities for their children c) Scholarship TRANSPORT FACILITIES

Q11. Specify any three statutory welfare measures.Ans. REST ROOMS: Adequate no. of rest rooms to be provided in the premises to the

workers with provisions of drinking water, wash basins, toilets, bathrooms, etc. for those who are working in the night shift.CANTEENS: The canteens to be provided in the work area and other places of working for giving nutritious valued food to the workersHOSPITAL/MEDICAL FACILITY

Q12. Write note on the concept of worker’s education.Ans. Worker education: Concept

Willam Flayed “Workers education” is an attempt on the part of organized labour to educate its own members under an educational system in which the workers

prescribe the courses of instructions, select the teachers and in a considerable measure, furnish finance.

Q13. What are the objectives of worker’s education?Ans. Objective:-

1) To develop the worker for good & respectable civic life.2)To promote among workers greater understanding of the problem of the countries economic environment.3) To develop trade union leadership. 4) To foster workers loyalty towards trade union and imparting necessary training to them for intelligent & efficient participation in union activities.

Q14. Mention some of the Features of workers education.Ans. Features of workers education:

1) The scope of workers education is much wider than that of trade union education but narrow than adult education.2) The workers education is designed to create trade union consciousness among workers besides making them good citizens and training them to understand their status, right and responsibilities.3) The workers prescribe the courses of instructions, select the teachers and in a considerable measure, furnish finance.4) The approach in workers education is psychological and philosophical.5) Its aim is to train worker for his group advancement and increasing individual creativity.

Q15. Specify national level worker’s education programme.Ans. In this education programme the top level education officers are trained .They are

selected & are trained at a central place by the board officials.

Q16. Specify Regional level worker’s education programme.Ans. At this level the main purpose is to provide necessary training to selected workers.

The workers so educated so known as workers teacher.

Q17. Specify Unit / Village level worker’s education programme.Ans. After completion of training the workers teacher return to the work place and

conduct training programme for rank and file of workers at their respective units.

Q18. What do you understand by training?Ans. Training leads to efficiency and increased productivity, less wastage, reduce

supervision, higher employee earning etc.

Q19. What do you understand by Craftsmen’s Training programme?Ans. The Directorate General of Employment & Training (DGE&T) in the Ministry of

Labour, Government of India initiated Craftsmen Training Scheme (CTS) in 1950

by establishing about 50 Industrial Training Institutes (ITIs) for imparting skills in various vocational trades to meet the skilled manpower requirements for technology and industrial growth of the country. The second major phase of increase in ITIs came with the oil-boom in West-Asia and export of skilled manpower to that region from India.   Several new private ITIs were established in 1980’s in southern states mostly in Kerala, Karnataka and Andhra Pradesh, etc. from where trained craftsmen found placement mainly in Gulf countries.  In 1980, there were 830 ITIs and the number rose to 1900 ITIs in 1987.  During 1990’s, the growth of ITIs had been steep and presently there are over 4971 ITIs  (1869 in Govt. & 3102 in Private Sector) having a total seating capacity of 7.18 lakhs. State wise Details of  Number of ITIs/ITCs and seating capacity is given in Table 1. Under the constitution of India, Vocational training is the concurrent subject of both Central and State Governments.  The development of training schemes at National level, evolution of policy, laying of training standards, norms, conducting of examinations, certification, etc. are the responsibilities of the Central Government, whereas the implementation of the training schemes largely rests with the State Govts./UT Administrators.  The Central Govt. is advised by the National Council of Vocational Training (NCVT) , a tripartite body having representatives from employers, workers and Central/State Governments. Similar Councils known as State Councils for Vocational Training are constituted for the same purpose by the respective State Governments at state levels.

Q20. Write a short note on Craft Instructor’s Training?Ans. Training of Instructors is the responsibility of DGE&T in the Ministry of Labour.

The Craft Instructors’ Training Scheme has been operational since inception of the Craftsmen Training Scheme. The first Craft Instructors’ Training Institute was established in 1948 and subsequently 5 more institutes namely, Central Training Institute for Instructors (now called as Advanced Training Institutes) were established in 1960’s by DGE&T. These ATIs are located at Ludhiana, Kanpur, Howrah, Mumbai and Hyderabad and Central Training Institute for Instructor at Chennai. Objective Of The Scheme   To train Instructors in the techniques of imparting industrial skills, who in turn would train semi-skilled/ skilled manpower for industry.

Under the programme, Instructors from State Govt. I.T.Is and from Training Centres established by industries under the Apprentices Act are trained in 24 trades and duration of course is one year. Total sanctioned seating capacity in above stated six Institutes is 1002. The following types of courses are offered at the above institutes: -         One-Year Courses to provide comprehensive training both in skill development and principles of teaching.         Refresher Courses to update and upgrade the knowledge and skill of the instructors and to keep them abreast of technological developments in Industry.         Modular pattern of training in the following three modules :

  (i) Trade Technology 6 months. ATI, Hyderabad

(ii) Trade Methodology 3 months. &CTI, Chennai (Principles of Teaching)

iii) Engineering Technology. 3 months.

Q21. Write a short note on Advanced Vocational Training?Ans. In order to upgrade and update the skills of serving industrial workers, an

Advanced Vocational Training Scheme (AVTS) has been in operation since 1977. The scheme was taken up by DGE&T, Ministry of Labour in collaboration with UNDP/ILO in 1977 at 6 Advanced Training Institutes (ATIs) under DGE&T and 16 Industrial Training Institutes (ITIs) of 15 State Governments.Objective Of The Scheme

To upgrade and update the skills of the serving industrial workers to specialise in their field of work. Under the scheme, training in selected skill areas is being imparted through short-term modular courses of one to six weeks' duration. Tailor-made courses suiting to the specific requirements of industrial establishments are also offered.

Advanced skill training courses offered in 6 ATIs have been given in Table -V Over 1,00,000 industrial workers/technicians have made use of the training

facilities at 6 ATIs under DGE&T. To meet the growing demand of industry, advanced skill training facilities were extended to 30 I.T.Is of various State Governments/ UTs under the Vocational Training Project taken up with financial assistance from World Bank during the period 1989-98. Under this project, training facilities in additional areas were created at 6 ATIs and the existing training facilities were also strengthened.NC/CNC Training Centres have been established in 3 ATIs at Chennai, Mumbai and Kanpur with UNDP/ILO assistance to meet the growing need of trained workers in Hi-Tech areas. Training courses for operators, programmers and technicians on NC/CNC Machines are being conducted at these Centers.

Q22. What do you understand by Foremen / Supervisory Training?Ans. DGE&T has two Foremen Training Institutes (FTIs) at Bangalore and

Jamshedpur. The institute at Bangalore was set up in 1970 in collaboration with technical and financial assistance from the State of Baden Wuerttemberg of Federal Republic of Germany for technological and behavioural upgradation of supervisory skills. The State of Baden Wuerttemberg since inception of the institute has provided a total assistance of DM 8.15 million till the end of 1997 in terms of equipment, German expert services and training of faculty. The Objective of the Institute is:

To train the existing and potential shop-floor foremen and supervisors in technical and managerial skills through long-term and short-term courses.  

The objectives inter-alia include consciousness of better quality and productivity, ability for problem solving, cost reduction, and application of modern technology etc. The institute besides, offering regular courses on Diploma and Post

Diploma in Foremanship also offers short-term courses as well as Tailor- made courses suiting to the needs of industries. 

Another Foremen Training Institute at Jamshedpur was established in October, 1982. This Institute is offering short-term courses in the areas of Production Planning and Management, Quality Control, Basic Electronics and Supervisory Development and has been functioning on a limited scale in a portion of a building of Government polytechnic. Although land for setting up of the institute has been obtained, due to resource constraints its own building could not be constructed.

Q23. What do you understand by Apprenticeship Training Scheme?Ans. Apprentices Act, 1961 was enacted with the following objectives :-

To regulate the programme of training of apprentices in the industry so as  to conform to the syllabi, period of training etc. as laid  down by  the  Central   Apprenticeship Council; and

To utilise fully  the  facilities available in industry for imparting practical training with a view to meeting the  requirements of skilled manpower    for industry. EVOLUTION OF APPRENTICESHIP TRAINING SCHEME

 National Apprenticeship Scheme started in 1959 on Voluntary Basis. Apprentices Act enacted in 1961  and  implemented w.e.f. 1.3.1962  Initially  the Act  envisaged  training of Trade Apprentices. The Act was amended in 1973 to include training of Graduate and Diploma

Engineers as "Graduate" & "Technician" Apprentices. The Act was further amended in 1986 to bring within its purview the training of  

the 10+2 vocational stream as "Technician (Vocational)" Apprentices.

MONITORING OF THE IMPLEMENTATION OF THE ACT Overall  responsibility is with   the   Directorate General of  Employment     &

Training (DGE&T) in the Union Ministry of Labour DGE&T is also responsible for implementation of the Act in respect  of  Trade

Apprentices in the Central Govt.  Undertakings & Departments.      This is done through  six  Regional  Directorates  of Apprenticeship  Training  located at  Kolkata, Mumbai, Chennai, Hyderabad, Kanpur & Faridabad.

State Apprenticeship Advisers are responsible  for implementation of       the Act  in  respect of  Trade Apprentices in   State   Government Undertakings/ Departments and Private Establishments.

Department of Education in the  Ministry of  HRD is responsible for  implementation of  the  Act in respect  of  Graduate, Technician  &  Technician (Vocational) Apprentices.  This is done  through four Boards     of Apprenticeship Training located at Kanpur, Kolkata , Mumbai & Chennai.

  COVERAGE  It is obligatory  on the part of  employers  both in Public and  Private  Sector

establishments   having requisites training infrastructure as  laid down in the Act,  to engage apprentices.

254 groups of industries covered under the Act.

About 17,800 establishments engage apprentices.             STIPEND

Trade  apprentices are  paid  stipend at  following rates : Rs. 820 p.m for  1st year, Rs. 940 for 2nd year, Rs. 1090 for 3rd  and   1230 p.m for 4th year.

The expenditure on stipend for trade apprentices is borne by the employers. The rates of  stipend for  Graduate,  Technician & Technician  (Vocational)

apprentices are Rs. 1970 p.m , Rs. 1400 p.m. and Rs. 1090 p.m. respectively. Expenditure on Stipend for the categories of Graduate, Technician & Technician

(Vocational) apprentices is shared equally between the employer and the Central Government.

Rates of stipend are revised  every  two years  based on Consumer Price Index.        TRAINING OF TRADE APPRENTICES

140 trades in 31 trade groups have been designated. Qualifications  vary from  Class  VIII pass to XII class pass  (10+2) system. Minimum age is 14 years. Period of training varies  from  6 months  to 4  years. Apprenticeship Training is linked  with Craftsmen  Training  conducted     in 

Industrial  Training Institutes  (ITIs) for  92 trades.   Rebate  in period  of   Apprenticeship Training   is allowed   to  pass-outs  from ITIs  in  relevant trades.

Q24. Write a short note on Vocational Training Programme for Women? Ans. WOMEN’S VOCATIONAL TRAINING PROGRAMME at Ministry of Labour

& Employment,  Directorate General of Employment and Training (DGE&T) was designed and launched in 1977. The programme attempts to promote the women employment in industry (mainly organized sector) as semi-skilled/skilled & highly skilled workers by increasing their participation in skill training facilities under Craftsmen Training Scheme and Advanced Skill Training Scheme and also the Apprentices training scheme. Programme also offers higher skill training for the Instructors of various skill training organizations. To achieve this objective, women exclusive Institutes have been set up both under Central Sector and Centrally Sponsored Schemes.

  Our Aims & Objectives:-  planning, designing, executing and pursuing long-term policies for vocational

training of women in areas having high employability; thereby increasing women’s participation in economic & social development of the country;

drawing plans and schemes for promoting participation of women in vocational & apprenticeship training

identification of vocational skill training areas; co-ordination of the women’s vocational training in the country; sensitising social environment through publicity campaigns;

Q25. Define Labour welfare fund.Ans. Labor welfare refers to all the facilities provided to labor in order to improve their

working conditions, provide social security and raise their standard of living. Majority of labor force in India is working in unorganized sector. In order to provide social security to such workers, Government has introduced Labor

Welfare Fund to ensure assistance to unorganized labors. Five different welfare funds, which are governed by different legislations, are administered by Ministry of Labor. The purpose of these welfare funds is to provide housing, medical care, educational and recreational facilities to workers employed in beedi industry and non-coal mines and cine workers.

Q26. Define Tripartite Welfare fund Advisory committee. Ans. A Tripartite Welfare fund Advisory committee has been constituted by the

government both at the central and state level under each labour welfare fund scheme. The state advisory committee is headed by the concerned state labour minister. The welfare activities are organized directly by the Labour welfare organization for undertaking labour welfare work.

Q27. Define Ergonomics.Ans. Ergonomics is the scientific discipline concerned with designing according to the

human needs, and the profession that applies theory, principles, data and methods to design in order to optimize human well-being and overall system performance. The field is also called human engineering, and human factors.Ergonomic research is performed by those who study human capabilities in relationship to their work demands. Information derived from these studies contributes to the design and evaluation of tasks, jobs, products, environments and systems in order to make them compatible with the needs, abilities and limitations of people.

Q28. What are benefits provide in labour economic welfare programme?Labour Economic welfare programme: These should include: co-operatives or fair price shops for consumer necessities, co-operative credit society, thrift schemes and saving bank, unemployment insurance, health insurance etc.

PART-B

Q1. State the scope of Labour welfare work.Ans. Introduction –Labour welfare definition- labour welfare work- items under which

welfare work should be conducted-conditions of work environment-Workers Heath Services- Labour welfare Programme- conclusion.

Q2. What is Labour welfare? Discuss the principles of labour welfare services?Ans. Introduction –Labour welfare definition- principles of labour welfare services-

Importance of labour welfare services-conclusion.

Q3. Define labour welfare officer. State the qualification and the duties of welfare officer.

Ans. Introduction –Labour welfare definition- labour welfare officer-qualification and the duties of welfare officer- conclusion.

Q4. Discuss the concept of worker’s education.

Ans. Education meaning- brief about workers education- common features of education- Objectives of workers education.

Q5. Discuss the concept of worker’s education programme.Ans. Education meaning- brief about workers education- common features of

education- Objectives of workers education.- national level worker’s education programme- Regional level worker’s education programme- Unit / Village level worker’s education programme-conclusion.

Q6. Discuss the concept of worker’s training.Ans. Education meaning- brief about workers education- training need - Objectives of

workers training- types of training given by DGET –conclusion.

Q7. Elaborate Labour welfare fund.Ans. Introduction – Labour welfare - Labour welfare fund- Tripartite Welfare fund

Advisory committee- Level of assistance like medical facilities, educational facilities, and recreational facilities.

UNIT IV: INDUSTRIAL SAFETY

QUESTIONS & ANSWERS

PART-A

Q1. Define Industrial AccidentsAns. Under the factories Act, 1948 an Industrial accident has been defined as “an

occurrence in an industrial establishment causing bodily injury to a person which make him unfit to resume his duties in next 48 hours”. In other words, it is an unexpected event and is always sudden. Moreover, the event or occurrence should be something to which a definite time, date and place can be assigned. It must arise in the course of employment in a factory or an industrial establishment.

Q2. What is working Environment?Ans. Working Environment or working Condition is the place where the employee

works .The work environment greatly effects the work behaviour of any employee.

Q3. Define Occupational Hazards.Ans. Every occupation has its own hazards. One should take adequate and proper

precautions to save himself. Workers of mine and other chemical companies face acute problems of occupational hazards. Companies should look into the safety of their workers beforehand. To have proper safety and precautionary measures against occupational hazards is the fundamental right of all workers. The constitution of India gives immense priority to the occupational hazards and its safety. In India, a huge number of people die in accidents and diseases.

Q4. What is Safety Audit?Ans. All the companies which like to maintain the safety of their employees and plant

will undertake safety audit. Safety audit is check for maintenance of their machinery, plant, and employees.

Q5. What do you mean by Industrial Health?Ans. Industrial health we refer to the employee physical and mental condition of body.

There are many factors which affects physical and mental condition of body like the working environment, the welfare measures etc.

Q6. Define Hygiene. Ans. Hygiene refers to practices associated with ensuring good health and cleanliness.

The term "hygiene" refers to the maintenance of health and healthy living. The term appears in phrases such as personal hygiene, domestic hygiene, dental hygiene, and occupational hygiene and is frequently used in connection with public health. The term "hygiene" is derived from Hygieia, the Greek goddess of health, cleanliness and sanitation. Hygiene is also a science that deals with the promotion and preservation of health, also called hygienics.

Occupational Hygiene is the discipline of anticipating, recognising, evaluating and controlling health hazards in the working environment with the objective of protecting worker health and well-being and safeguarding the community at large.

The term (used in the UK and Commonwealth Countries as well as much of Europe) is synonymous with Industrial Hygiene (used in the US, Latin America, and other countries that received initial technical support or training from US sources). Environmental Hygiene addresses similar topics to Occupational Hygiene, but is less likely to be limited to the workplace context.

In common usage occupational hygiene has taken on a much narrower definition linking it to cleanliness, frequently leading to the misunderstanding of the term occupational hygiene, which is NOT about hand washing or handling food properly at work.

The Occupational Hygienist may be involved with the assessment and control of physical, chemical or environmental hazards in the workplace that could cause disease or discomfort. Physical hazards may include noise, temperature extremes, illumination extremes, ionizing or non-ionizing radiation, ergonomics. Indoor air quality (IAQ) and safety may also receive the attention of the Occupational Hygienist. As part of this activity, the Occupational Hygienist may be called upon to communicate effectively regarding hazard, risk, and appropriate protective procedures; to evaluate and occasionally to design ventilation systems; and to manage people and programs for the preservation of health and well-being of those who enter the workplace.

Q7. What do you mean by Counseling?Ans. It is a face to face interaction between the employee-employee, employer-

employee for resolving the psychological problem.

Q8. Write the steps in counseling process.Ans. THE COUNSELING PROCESS

1. State the problem in detail2. State the impact of the problem.3. Ask the employee how they intend to correct the problem.4. Ask the employee how you, the supervisor, can be of assistance.5. Write the plan for correction.6. State the consequences for not correcting.7. Set a date for follow-up.

Q9. What is Safety education?Ans. Safety education should be given to all the workers who are working on

machineries, special emphasis should be given those persons who are involved on working near dangerous machineries. The safety education should be given by those people who have/ had experience in handling those machineries.

Q10. Define Occupational Diseases.Ans. An occupational disease is any chronic ailment that occurs as a result of work or

occupational activity. An occupational disease is typically identified when it is shown that it is more prevalent in a given body of workers than in the general population, or in other worker populations. Occupational hazards that are of a traumatic nature (such as falls by roofers) are not considered to be occupational diseases. Under the law of workers' compensation in many jurisdictions, there is a presumption that specific disease are caused by the worker being in the work environment and the burden is on the employer or insurer to show that the disease came about from another cause.

Q11. Write a short note on Safety Programmes.Ans. Safety programme must be given a wide publicity through posters and hoarding.

“Safety week“campaign should be run at least once in two months. Mainly the programme should concentrate providing safety education for low level worker who are much prone to accidents.

Q12. What is Industrial Fatigue?Ans. Industrial Fatigue may be defined as” a negative appetite for activity ; and a

reduction in the ability to do work as a consequence of pervious work.

Q13. Mention the Nature of Fatigue.Ans. 1)The fatigue is caused bu boredom and monotony. Fatigue includes both mental

and physical reactions and boredom.

2) It creates depression and a desire for change for work.3) Causes tiredness, physiological change and quality and quantity of work reduces.

Q14. Specify the effects of Fatigue.Ans. 1) It affects the muscles, nerves and min of workers.

2) Reduces the capacity of mind.3) Loss of efficiency of worker.4) tendency to make mistakes.

Q15. Write a short note on causes for industrial accident.Ans. We may classify the causes of industrial accidents into four categories as follows:

1) Inherent hazards: There are many jobs in industries which are highly prone to accidents. Coal mining, marine transport, quarry petro-chemical etc are considered more dangerous industries as compared to communication, banking and tobacco industries.

2) Collision: This take place when:a. there are inadequate lighting arrangements,b. furniture and equipment are placed improperly,c. edges of equipment are not properly covered, and d. cabinet drawers are left open.

3) Slip or fall on floors and stair casings: This happens when:a. the floor and staircases are wet with water, soap or oily substance,b. the floor is highly polished and slippery,c. the floor is covered with carpets and the carpets are torn or loose,d. the telephone cables trail on the floor, ande. there is lack of proper lighting.

4) Miscellaneous causes: Sometimes, accidents occur due to:a. excessive noiseb. lack of cleanlinessc. leaking of electrical wires or gasesd. either very high or low temperaturee. industrial fatigue, boredom, monotony etcf. machines operating at a high speedg. poor health of the workersh. age and experience of the workers, andi. personality traits like aggressive behavior, risk taking etc.

Q16. Mention the steps to be taken for preventing industrial accidents.Ans. The following precautionary steps may be adopted to prevent accident s in the

industries:1. Safety committee: Safety committee may be constituted in every plant. It should

consist of the representatives of both the management & the workers. All the safety programmes should be implemented through the safety committee.

2. Safety Training: The supervisors should train new employees in safety methods. The possible causes of accidents should be explained to new employees and they should be taught and motions that will keep them out of danger.

3. Material handling equipments: Material handling equipments should be installed to carry bulky materials from one place to another.

4. Guarding of machines: Safety guards should be designed, constructed & used to provide positive protection, prevent access to the danger zone during operation.

5. Maintenance of plant:6. Regular Inspection:7. Equipment redesign: Equipment, machinery and work procedures should be

redesigned to cut down accident rate. 8. Proper clothing and safety equipments:9. Clean Floors:10. Safety campaign: Safety programme must be given a wide publicity through

posters and hoarding. “ Safety week “ campaign should be run at least once in two months.

Q17. Mention the losses due to accidents.Ans. Accidents causes heavy losses. They are direct losses and indirect losses.

Direct Losses: - Under this type, the employer pay the worker compensation for any accidents. These losses are generally measured in terms of money.Indirect Losses: - Following sources attributed in this regard:-1) Loss of time of the injured worker.2) Loss of time caused to his fellow workers.3) Loss due to damage of machinery.4) Loss of efficiency of the worker after recovery.

Q18. What is Employee State Insurance Scheme (ESIS)?

Ans. Employees’ State Insurance Scheme.—This scheme is run under the Employees’ State Insurance Act, 1948 by the Employees’ State Insurance Corporation. It was introduced in the State in 1953. It provides protection to employees working in factories, using power and employing 10 or more persons, and factories, establishments/shops not using power employing 20 or more persons.

Under this scheme, medical care is provided to the workers through the Employees’ State Insurance dispensaries. For outdoor and indoor patients, hospital facilities are available. Medical aid to the family members of the workers is also provided.

A number of benefits are provided to the workers under the scheme. A worker is entitled to get cash payment for 91 days as sickness benefit in two consecutive benefit periods in case the sickness is duly certified by the IMO/IMP to compensate the loss of wages suffered on account of absentation from work. Besides, the Extended Sickness Benefit is available to an insured persons in case

of long-term diseases at the rate of 25 per cent more than the sickness benefit for 124 days or 309 days in accordance with the disease. Insured persons undergoing rilization under the family planning programme are entitled to cash benefit and leave upto 7 days for vasectomy and 14 days for tubectomy. This may alsobe extended to 14 days and 21 days, respectively as sequence to post-operative complications. The female workers are enttitled to cash payment as maternity benefit for confinement, premature birth of child or miscarriage. The additional maternity benefit for 30 daysis admissible on account of sickness arising out of confinement or pregnancy. The insured person who sustains employment injury is entitled to get cash payment at the rate of 40 per cent more than the standard sickness benefit. This benefit is available as long as the temporary disablement lasts. Periodical cash benefit payments to the insured persons suffering loss of earning capacity as a result of employment injury are available under this head. Commutation of such payment is allowed if the Permanent Disablement Benefit rate of the worker is upto Rs 1.50 per day. In the event of the death of insured person as a result of employment injury, the dependents are entitled to periodical cash benefit payments. A sum not exceeding Rs 500 is paid as a lump sum grant to defray the funeral expenses of the deceased insured person. Insured persons are provided artificial limbs in case of loss of limbs due to employment injury. Hearing aids, spectacles and dentures are also provided to the insured persons where loss of hearing impairment of eye-sight or loss of teeth are due to employment injury. Besides, miscellaneous benefits have also been provided such as payment of conveyance charges and loss of wages in certain cases and remittance of money order without deduction of money order commission, etc. is also available to insured persons.

This Scheme functions under the Employees’ State Insurance Corporation which has its Headquarters at New Delhi. It is under the administrative control of the Director General, Employees’ State Insurance Corporation, New Delhi. The Scheme is executed in the State through the Regional Director, Employees’ State Insurance Corporation, who inspects factories, collects contributing and arranges payment of cash benefits.

Q19. Define Psychological Problems.Ans. Psychological Problems is related to the disorder caused by the mental pressure.

Psychological problem is found in the form of work stress.

Q20. Write a short note on Work Stress.Ans. “The non specific response of the body to any demand made upon it”

Stress at work is a relatively new phenomenon of modern lifestyles. The nature of work has gone through drastic changes over the last century and it is still changing at whirlwind speed. They have touched almost all professions, starting from an artist to a surgeon, or a commercial pilot to a sales executive. With change comes stress, inevitably. Professional stress or job stress poses a threat to

physical health. Work related stress in the life of organized workers, consequently, affects the health of organizations.

Job stress is a chronic disease caused by conditions in the workplace that negatively affect an individual's performance and/or overall well-being of his body and mind. One or more of a host of physical and mental illnesses manifests job stress. In some cases, job stress can be disabling. In chronic cases a psychiatric consultation is usually required to validate the reason and degree of work related stress.

Q21. What are the factors which causes work Stress?Ans. Job stress may be caused by a complex set of reasons. Some of the most visible

causes of workplace stress are:

Job InsecurityOrganized workplaces are going through metamorphic changes under intense economic transformations and consequent pressures. Reorganizations, takeovers, mergers, downsizing and other changes have become major stressors for employees, as companies try to live up to the competition to survive. These reformations have put demand on everyone, from a CEO to a mere executive.

High Demand for PerformanceUnrealistic expectations, especially in the time of corporate reorganizations, which, sometimes, puts unhealthy and unreasonable pressures on the employee, can be a tremendous source of stress and suffering. Increased workload, extremely long work hours and intense pressure to perform at peak levels all the time for the same pay, can actually leave an employees physically and emotionally drained. Excessive travel and too much time away from family also contribute to an employee's stressors.

TechnologyThe expansion of technology—computers, pagers, cell phones, fax machines and the Internet—has resulted in heightened expectations for productivity, speed and efficiency, increasing pressure on the individual worker to constantly operate at peak performance levels. Workers working with heavy machinery are under constant stress to remain alert. In this case both the worker and their family members live under constant mental stress. There is also the constant pressure to keep up with technological breakthroughs and improvisations, forcing employees to learn new software all the times.

Workplace CultureAdjusting to the workplace culture, whether in a new company or not, can be intensely stressful. Making oneself adapt to the various aspects of workplace culture such as communication patterns, hierarchy, dress code if any, workspace and most importantly working and behavioral patterns of the boss as well as the co-workers, can be a lesson of life. Maladjustment to workplace cultures may lead

to subtle conflicts with colleagues or even with superiors. In many cases office politics or gossips can be major stress inducers.

Personal or Family ProblemsEmployees going through personal or family problems tend to carry their worries and anxieties to the workplace. When one is in a depressed mood, his unfocused attention or lack of motivation affects his ability to carry out job responsibilities.

Job Stress and WomenWomen may suffer from mental and physical harassment at workplaces, apart from the common job stress. Sexual harassment in workplace has been a major source of worry for women, since long. Women may suffer from tremendous stress such as 'hostile work environment harassment', which is defined in legal terms as 'offensive or intimidating behavior in the workplace'. This can consist of unwelcome verbal or physical conduct. These can be a constant source of tension for women in job sectors. Also, subtle discriminations at workplaces, family pressure and societal demands add to these stress factors.

Q22. What is Burnout Stress Syndrome (BOSS)?Ans. When under severe stress, an individual fails to take clear-cut decisions,

reevaluate and reassess the priorities and lifestyles, and ultimately, tend to fall into unproductive distractions. This can be described as a classic case of 'burnout'. The 'burnouts' often engage in reckless or risk-taking behaviors. Starting from glamour and sport celebrities to common men, 'burnouts' are found everywhere.

Chronic Responsibility Syndrome is a kind of burnout where people get mentally and physically exhausted from their workload. The symptom is often described as "there's simply too much work to do, and no one else can do it but me". Typically it will occur in hard working, hard driven people, who become emotionally, psychologically or physically exhausted.

Q23. What are the potential sources of work stress?Ans. The Potential source of work stress comes from three factors, they are 1)

Environment and, 2) Organizational & 3) Individual

Q24. Write a note on Psychological Stressors.Ans. The psychological variables create stress response that may ultimately be more

damaging to the organism than adversive event itself. Psychological stressors may precede the physical event, last longer and continue to evoke stress after physical event is past.

Q25. Write a note on Organizational Stressors.Ans. Organizational stressors are caused by the organization itself. Pareek has

identified nay different types of organizational stress such as Inter role distance stress, Role stagnation, role overload, role erosion, self role distance.

Q26. Write a note on Societal Stressors.Ans. The Society also creates stress. Every culture teaches people what is stressful,

what is a minor adjustment. Even Such profound experiences as the death of an infant can have different meaning.

Q27. Write a short note on Accident records.Ans. A company has to maintain proper reports and records of the accident in the

prescribed manner, and complete information about an accident and the circumstances attending the death or disablement of a worker or any other serious injury to him has to be reported to the government.The accident report should be maintained in detail and should contain:-

1) The total no of workers who have exposed to different type of accidents.2) The real cause of accident.3) The intensity of accident.4) The date, time of day and the shift during which the accident occurred.

PART-B

Q1. What do you mean by Counseling? Elaborate the steps in counseling process.Ans. Psychological problem-Counseling definition- what for counseling is given- steps

in counseling process- its benefits.

Q2. Discuss in detail the concept of Work Stress.Ans. Stress definition-Work stress- factors which causes work Stress- potential sources

of work stress- effects of work stress. Q3. Elaborate Industrial AccidentsAns. Industrial accidents- cause for industrial accidents- steps to be taken for

preventing industrial accidents- losses due to accidents.

Q4. Discuss in detail about Industrial FatigueAns. Industrial Fatigue – Nature of Industrial Fatigue- Effect of Industrial Fatigue.

Q5. Write a brief note on a) Safety Programmes b) Safety education c) Safety Audit.Ans. a) Introduction to Safety- Why Safety is required- Safety Programmes- types of

safety programme conducted in industries- Advantages of safety programme-Benefits of it.b) Introduction to Safety- Why Safety is required- Safety Education –Safety training Programmes- types of safety education conducted in industries- Advantages of safety education-Benefits of it.c) Introduction to Safety- Why Safety is required- Safety audit – benefit of Safety Programmes- benefit of safety education & Training.

Q6. What do you mean by Industrial Health? Explain Occupational Hazards & Occupational diseases.

Ans. Industrial health-hygiene- what for industrial health is need- Occupational hazards- kinds of Occupational Hazards- Occupational disease –effects of Occupational diseases- how to prevent Occupational Hazards & diseases.

UNIT V: WELFARE OF SPECIAL CATEGORIES OF LABOUR

OUESTIONS & ANSWERS

PART-AQ1. Define Social security.Ans. Social Security protects not just the subscriber but also his/her entire family by

giving benefit packages in financial security and health care. Social Security schemes are designed to guarantee at least long-term sustenance to families when the earning member retires, dies or suffers a disability.

Q2. Write a short not on Social assistance.Ans. The need for social assistance is to fill gaps in provision in advanced societies.

Social assistance is based on need and thus requires declarations of income, family size, and other circumstances. Thus it is provided on the basis of a means test that takes into account not only income but also capital; persons with a specific level of savings may be ineligible. Alternatively it may be only income-tested, the income from capital being assessed in the same way as other income. Often those who have been given the task of operating the scheme (e.g., social workers) have been allowed considerable discretion in deciding whether to give assistance and how much to give in certain types of cases. Not all basic rules are known to claimants. The tendency in industrialized countries has been to try to transform assistance into a right with published scales and regulations and opportunities for appeal. With codification has often come standardization and the unfortunate removal of some of the flexibility available under discretionary systems.

In countries (e.g., the United Kingdom) social assistance plays a considerable role in supplementing social insurance benefits for those without other sources of income such as sick pay or employers’ pension schemes as well as providing for those without rights to benefits (e.g., one-parent families other than widows) or those whose benefits have run out because they are paid only for a specific number of months (e.g., unemployment benefits).

There are disadvantages of the social assistance approach. First, it penalizes saving and earning because income from any source is normally deducted from the assistance that would be payable, and persons with a certain level of savings

may be ineligible until they have used them up. Second, it tends to stigmatize the recipient; and third, partly for this reason and partly because of the difficulty of knowing detailed rules of entitlement, there are considerable numbers of people who would be eligible but do not make claims. Partly because of this problem of stigma, social assistance programs are called by a variety of different names in the hope that they will be more acceptable to applicants.

The United States uses what is essentially the social assistance approach for meeting the medical care needs of low-income persons under the Medicaid program. Ireland operates a scheme by which persons with low income can apply for a medical card that gives them more extensive rights to free health care than are available to other income groups. Those with low incomes in South Korea can also apply for cards giving rights to free or nearly free health care.

A number of countries in Europe have developed separate income-tested provisions to help persons with low incomes meet the cost of rent or property taxes. Such housing allowances are available to persons whether in work or not and take account of family composition as well as rent payable.

Q3. Write a short note on Social Insurance.Ans. Social insurance

Social insurance is any government-sponsored program with the following four characteristics:

the benefits, eligibility requirements and other aspects of the program are defined by statute;

explicit provision is made to account for the income and expenses (often through a trust fund);

it is funded by taxes or premiums paid by (or on behalf of) participants (although additional sources of funding may be provided as well); and

the program serves a defined population, and participation is either compulsory or the program is heavily enough subsidized that most eligible individuals choose to participate.

Social insurance has also been defined as a program where risks are transferred to and pooled by an organization, often governmental, that is legally required to provide certain benefits.

Similarities to private insuranceTypical similarities between social insurance programs and private insurance programs include:

Wide pooling of risks; Specific definitions of the benefits provided; Specific definitions of eligibility rules and the amount of coverage provided; Specific premium, contribution or tax rates required to meet the expected costs of

the system.

Differences from private insuranceTypical differences between private insurance programs and social insurance programs include:

Equity versus Adequacy: Private insurance programs are generally designed with greater emphasis on equity between individual purchasers of coverage, while social insurance programs generally place a greater emphasis on the social adequacy of benefits for all participants.

Voluntary versus Mandatory Participation: Participation in private insurance programs is often voluntary, and where the purchase of insurance is mandatory, individuals usually have a choice of insurers. Participation in social insurance programs is generally mandatory, and where participation is voluntary, the cost is heavily enough subsidized to ensure essentially universal participation.

Contractual versus Statutory Rights: The right to benefits in a private insurance program is contractual, based on an insurance contract. The insurer generally does not have a unilateral right to change or terminate coverage before the end of the contract period (except in such cases as non-payment of premiums). Social insurance programs are not generally based on a contract, but rather on a statute, and the right to benefits is thus statutory rather than contractual. The provisions of the program can be changed if the statute is modified.

Funding: Individually purchased private insurance generally must be fully funded. Full funding is a desirable goal for private pension plans as well, but is often not achieved. Social insurance programs are often not fully funded, and some argue that full funding is not economically desirable.

Q4. Define Contract Labour.Ans. A workman is considered to be employed as “Contract labour” in or in connection

with the work establishment when he is hired for this work by or through a contractor with or without the knowledge of the principle employer.

Q5. Write the Objective and Purposes of the contract labour act?Ans. OBJECTS AND PURPOSES OF THE ACT

The Contract Labour (Regulation and Abolition) Act, 1970 was brought on the Statute Book to regulate the employment of Contract Labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

Q6. Who can be called contractor by contract labour act?Ans. The contractor covered by the act are”person(s)” who undertake to produce a

given result for an establishment through contract labour, or who supply contract labour for any work of the establishment, and include sub-contractors.

Q7. Who can be called principal employer by contract labour act?

Ans. Principal employer means In a factory, the owner or occupier of the factory, and includes the managing

agent of such owner or occupier, the legal representative of a deceased owner or occupier and where a person has been named as the manager of the factory under the Factories Act , 1948 the person so named.

In any establishment under the control of any department of any government in India, the authority appointed by such government in this behalf or where no authority is so appointed, the head of the department;

In any other establishment, any person responsible for the supervision and control of the establishment;

Q8. Who can be called workman by contract labour act?Ans. Means any person employed in or in connection with the work of any

establishment to do any skilled, semi-skilled or unskilled, manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied.

Q9. What is an establishment by contract labour act?Ans. Any office or department of government or the social authority or any place

where industry, trade or business or manufacture or occupation is carried on is called an “establishment”

Q10. What is the definition for child given by factories act?Ans. Child means a person who has not completed his eighteenth year of age.

Q11. Define Agricultural labourer.Ans. According to the National Commission on Labour "an agricultural labourer is one

who is basically unskilled and unorganised and has little for its livelihood, other than personal labour."

The First Agricultural Labour Enquiry Committee 1950-55 defined Agricultural Labourer as - "Those people who are engaged in raising crops on payment of wages"The Second Agricultural Labour Enquiry Committee 1956-57 enlarged the distribution to include - Those who are engaged in other agricultural occupations like dairy, farming, horticulture, raising of live-stock, bees, poultry etc.

Q12. Define Landless labourer.Ans. Landless labourers, who are personally independent, but who work exclusively

for others like landlord.

Q13. Define Petty farmer.Ans. Petty farmers with tiny bits of land who devote most of their time working for

others.

Q14. Define farmer.

Ans. Farmers who have economic holdings but who have one or more of their sons and dependants working for other prosperous farmers.

Q15. State the Causes for the Growth of Agricultural LabourersAns. There are a number of factors responsible for the continuous and enormous

increase in the number of agricultural labourers in India.The more important among them are 1.Increase in population2.Decline of cottage industries and handicrafts3.Eviction of small farmers and tenants from land4.Uneconomic Holdings5.Increase in indebtedness6.Spread of the use of money and exchange system7.Capitalistic Agriculture8.Displacement of means of subsidiary occupations9.Disintegration of peasantry10. Break-up of joint family system.

Q16. State the nutrition parameter that has been introduced in the child labour welfare scheme.

Ans. NUTRITION: The amount for provision of nutrition to the children in the special schools has been doubled from Rs. 2.50/- per child per day to Rs. 5/- per child per day.

Q17. State the health component parameter that has been introduced in the child labour welfare scheme.

Ans. HEALTH COMPONENT: In the existing scheme, there was no separate budgetary provision for any health component to take care of the health-related aspects of the children. In the revised scheme an amount of honorarium (Rs. 5,000/- per month for one doctor for every 20 schools) has been provided to put in place an institutionalised mechanism for regular and periodical effective health care of the children by a doctor. A health card in respect of every child also needs to be maintained with all the necessary entries.

Q18. State the vocational training parameter that has been introduced in the child labour welfare scheme.

Ans. VOCATIONAL TRAINING: In the existing scheme, there was no separate budgetary provision for the services of any Master Trainer for imparting training to the children/teachers. In the revised scheme, budgetary provision (Rs. 5,000/- for one Master Trainer for each NCLP) has been provided to hire the services of a Master for each NCLP.

Q19. Define Temporary Disablement.Ans. Temporary Disablement means a condition resulting from an employment injury

which requires medical treatment and renders an employer as a result of such

injury, temporarily incapable of doing the work which he was doing prior to or at the time of injury.

Q20. Define Permanent / Total Disablement.Ans. Total disablement" means such disablement, whether of a permanent nature, as

incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement Permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent or more.

Q21. Mention the penalties stated under child labour act.Ans. PENAL PROVISIONS

For contravention of the provisions of the Act or any rules made there under, the punishment is imprisonment for a maximum term upto 3 months and a fine upto a maximum of Rs.1000/-.

PART-B

Q1. What is social security of workers?Ans. Social Security protects not just the subscriber but also his/her entire family by

giving benefit packages in financial security and health care. Social Security schemes are designed to guarantee at least long-term sustenance to families when the earning member retires, dies or suffers a disability. Thus the main strength of the Social Security system is that it acts as a facilitator - it helps people to plan their own future through insurance and assistance. The success of Social Security schemes however requires the active support and involvement of employees and employers.As a worker/employee, you are a source of Social Security protection for yourself and your family. As an employer you are responsible for providing adequate social security coverage to all your workers.

Q2. Mention the welfare measures protecting child labour.Ans. Certain important and enhanced parameters have been introduced in the scheme

of 11th 5 year plan in this matter and which are:-STIPEND: In the existing arrangement, the stipend of Rs. 100/- per child per month was being disbursed every month. As per the revised scheme, the monthly stipend of Rs. 100/- per month per child will be disbursed only after the child is successfully mainstreamed into formal system of schooling. Till that period, the amount of stipend will be regularly deposited in the Bank Account of the child. The accumulated stipend amount could be handed over to the child at the time of her/his getting mainstreamed.

HEALTH COMPONENT: In the existing scheme, there was no separate budgetary provision for any health component to take care of the health-related aspects of the children. In the revised scheme an amount of honorarium (Rs. 5,000/- per month for one doctor for every 20 schools) has been provided to put in place an institutionalised mechanism for regular and periodical effective health care of the children by a doctor. A health card in respect of every child also needs to be maintained with all the necessary entries. VOCATIONAL TRAINING: In the existing scheme, there was no separate budgetary provision for the services of any Master Trainer for imparting training to the children/teachers. In the revised scheme, budgetary provision (Rs. 5,000/- for one Master Trainer for each NCLP) has been provided to hire the services of a Master for each NCLP.

Q3. What are the strategies adopted by the government for elimination of child labour?

Ans. The details are as follows:· Expansion of the NCLPs to additional 150 districts during the five year plan.· Ensuring that the NCLPs have a focused time frame of 5 years with clearly defined targets.· Linking the child labour elimination efforts with the scheme of Sarva Shiksha Abhiyan of the MHRD an attempt to ensure that small children in the age group of 5-8 years get directly linked to school and the older children are mainstreamed to the formal education system through the rehabilitation centres. Increased efforts to provide vocational training to the older children.· Strengthening of the formal school mechanism in the endemic child labour areas in the country both in terms of quality and numbers in such a manner as to provide an attractive schooling system to the child labour force and its parents so that motivational levels of both the parents and such children are high and sending these children to school becomes an attractive proposition.· Convergence with the ongoing schemes of the Dept. of Education, Rural Development, Health and Women & Child Development would be critical for the ultimate attainment of the objective of elimination of child labour in a time bound manner. · Large-scale involvement of the voluntary organizations at the district level to assist in the running of the NCLP schools. The attempt during this Plan would be to encourage the running of the rehabilitation schools only through accepted and committed NGOs so that the Government machinery is not burdened with running of such schools.· Policy and programmes for elimination of child labour would be continued in a more focused, integrated and convergent manner. · Focused and reinforced action to eliminate child labour in the hazardous occupations by the end of the Plan period.

Q4. Define Contract Labour.Ans. The system of employing contract labour is prevalent in most industries

indifferent occupations including skilled and semi skilled jobs. It is also prevalent

in agricultural and allied operations and to some extent in the services sector. A workman is deemed to be employed as Contract Labour when he is hired in connection with the work of an establishment by or through a contractor. Contract workmen are indirect employees; persons who are hired, supervised and remunerated by a contractor who, in turn, is compensated by the establishment. Contract labour has to be employed for work which is specific and for definite duration.

Q5. Write the Objective and Purposes of the contract labour act?Ans. The Contract Labour (Regulation and Abolition) Act, 1970 was brought on the

Statute Book to regulate the employment of Contract Labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith.

Laid down certain amenities to be provided by the contractor to the contract labourWELFARE AND HEALTH OF CONTRACT LABOURThe Act has laid down certain amenities to be provided by the contractor to the contract labour for establishment of Canteens and rest rooms ; and arrangements for sufficient supply of wholesome drinking water, latrines and urinals, washing facilities and first aid facilities and have been made obligatory. In cases of failure on the part of the contractor to provide these facilities, the Principal Employer is liable to provide the same

Q6. State the Penalty for not providing facilities to contract labour. Ans. PENAL PROVISIONS

For contravention of the provisions of the Act or any rules made there under, the punishment is imprisonment for a maximum term upto 3 months and a fine upto a maximum of Rs.1000/-.

Q7. State the cases under which employment of contract labour can be prohibited Ans. PROHIBITION

Apart from the regulatory measures provided under the Act for the benefit of the contract labour, the ‘appropriate government’ under section 10(1) of the Act is authorized, after consultation with the Central Board or State Board, as the case may be, to prohibit, by notification in the official gazette, employment of contract labour in any establishment in any process, operation or other work. Sub-section (2) of Section 10 lays down sufficient guidelines for deciding upon the abolition of contract labour in any process, operation or other work in any establishment. The guidelines are mandatory in nature and are:-Conditions of work and benefits provided to the contract labour. •Whether the work is of Perennial nature. •Whether the work is incidental or necessary for the work of an establishment. •Whether the work is sufficient to employ a considerable number of whole-time workmen. •Whether the work is being done ordinarily through regular workman in that establishment or a similar establishment.

Q8. Define agricultural labourAns. Difficulties in defining agricultural labour are compounded by the fact that many

small and marginal farmers also work partly on the farms of others to supplement their income. To what extent should they (or their family members) be considered agricultural labourers is not easy to answer.

However, it will be useful to refer some of the attempts made by experts in this connection.1.The First Agricultural Labour Enquiry Committee 1950-55 defined Agricultural Labourer as - "Those people who are engaged in raising crops on payment of wages"

2.The Second Agricultural Labour Enquiry Committee 1956-57 enlarged the distribution to include -Those who are engaged in other agricultural occupations like dairy, farming, horticulture, raising of live-stock, bees, poultry etc. "In the context of Indian conditions the definition is not adequate, because it is not possible to completely separate those working on wages from others. There are people who do not work on wages throughout the year but only for a part of it.

According to the National Commission on Labour "an agricultural labourer is one who is basically unskilled and unorganised and has little for its livelihood, other than personal labour."

Q9. Specify the categories in which of Agricultural Labourers have been divided.Ans. Agricultural labourers can be divided into four categories -

1.Landless Labourers, who are attached to the land lords;2.Landless labourers, who are personally independent, but who work exclusively for others;3.Petty farmers with tiny bits of land who devote most of their time working for others and4.Farmers who have economic holdings but who have one or more of their sons and dependants working for other prosperous farmers.The first group of labourers have been more or less in the position of serfs or slaves, they are also known as bonded labourers.

Agricultural labourers can also be divided in the following manner :1.Landless agricultural labourers2.Very small cultivators whose main source of earnings due to their small and sub-marginal holdings is wage employment.Landless labourers in turn can be classified into two broad categories :1.Permanent Labourers attached to cultivating households.2.Casual Labourers.The second group can again be divided into three subgroups :(i)Cultivators(ii)Share croppers

(iii) Lease holders.Permanent or attached labourers generally work on annual or seasonal basis and they work on some sort of contract. Their wages are determined by custom or tradition. On the other hand temporary or casual labourers are engaged only during peak period for work. Their employment is temporary and they are paid at the market rate. They are not attached to any landlords.Under second group comes small farmers, who possess very little land and therefore, has to devote most of their time working on the lands of others as labourers. Share croppers are those who, while sharing the produce of the land for their work, also work as labourers. Tenants are those who not only work on the leased land but also work as labourers.

Q10. Mention the Characteristics of Agricultural Labourers.Ans. The main features, characterizing Indian agricultural labour are as follows :

1. Agricultural Labourers are Scattered2. Agricultural Labourers are Unskilled and Lack Training3. Unorganised Sector4. Low Social Status5. Demand and Supply of Labour6. Less Bargaining Power7. At the Bidding of the Landlord

Q11. State the Causes for the Growth of Agricultural Labourers.Ans. There are a number of factors responsible for the continuous and enormous

increase in the number of agricultural labourers in India.The more important among them are :1.Increase in population2.Decline of cottage industries and handicrafts3.Eviction of small farmers and tenants from land4.Uneconomic Holdings5.Increase in indebtedness6.Spread of the use of money and exchange system7.Capitalistic Agriculture8.Displacement of means of subsidiary occupations9.Disintegration of peasantry10. Break-up of joint family system.

Q12. Mention some of the measures taken by the Government to improve the Conditions of Agricultural Labourers.

Ans. The Government has shown awareness of the problems of agricultural workers and all plan documents have suggested ways and means to ameliorate the lot of these people.Measures adopted by the Government for ameliorating the economic conditions

of Agricultural labourers are1.Passing of minimum wage Act.2.Abolition of Bonded Labourers

3.Providing land to landless labourers4.Provision of Housing cities to houseless5.Special schemes for providing employment

i)Crash Scheme for Rural Employment(CSRE) ii)Pilot Intensive Rural Employment Project(PIREP) iii)Food for works programme (FWP) iv)National Rural Employment Programme(NREP) v)Rural Landless Employment Programme(RLEP) vi)Drought Prone Area Programme (It was known as Rural Works Programme)

6.Jawahar Rojgar Yojana (which come in with the merger of NREP and RLEGP)7.Desert Development Programme8.National Scheme of Training of Rural Youth for Self Employment (TRYSM)9.Development of Women and Children in Rural Areas (DWCRA)10. Abolition of Bonded Labourer Act11. Integrated Rural Development Programme(IRDP)

Q13. Write down the suggestions for the Improvement of Agricultural Labours.Ans. The following suggestions can be made for the improvement of the socio-

economic position of the agricultural labourers :1.Better implementation of legislative measures. 2.Improvement the bargaining position.3.Resettlement of agricultural workers4.Creating alternative sources of employment5.Protection of women and child labourers6.Public works programmes should be for longer period in year7.Improving the working conditions8.Regulation of hours of work9.Improvements in Agricultural sector10. Credit at cheaper rates of interest on easy terms of payment for undertaking subsidiary occupation.11. Proper training for improving the skill of farm labourers12. Cooperative farming

Q14. Write a essay on Social Security in India.Ans. Social Security in India

India has always had a Joint Family system that took care of the social security needs of all the members provided it had access/ownership of material assets like land. In keeping with its cultural traditions, family members and relatives have always discharged a sense of shared responsibility towards one another. To the extent that the family has resources to draw upon, this is often the best relief for the special needs and care required by the aged and those in poor health.

However with increasing migration, urbanization and demographic changes there has been a decrease in large family units. This is where the formal system of social security gains importance. However, information and awareness are the vital factors in widening the coverage of Social Security schemes.

Social Security Benefits in India are Need-based i.e. the component of social assistance is more important in the publicly-managed schemes-

In the Indian context, Social Security is a comprehensive approach designed to prevent deprivation, assure the individual of a basic minimum income for himself and his dependents and to protect the individual from any uncertainties. The State bears the primary responsibility for developing appropriate system for providing protection and assistance to its workforce. Social Security is increasingly viewed as an integral part of the development process. It helps to create a more positive attitude to the challenge of globalization and the consequent structural and technological changes.

The dimensions and complexities of the problem in India can be better appreciated by taking into consideration the extent of the labour force in the organized and unorganized sectors. The latest NSSO survey of 1999-2000 has brought out the vast dichotomy between these two sectors into sharp focus. While as per the 1991 census, the total workforce was about 314 million and the organized sector accounted for only 27 million out of this workforce, the NSSO’s survey of 1999-2000 has estimated that the workforce may have increased to about 397 million out of which only 28 million were in the organized sector. Thus, it can be concluded from these findings that there has been a growth of only about one million in the organized sector in comparison the growth of about 55 million in the unorganized sector.

Organized and Unorganized Sectors

The organized sector includes primarily those establishments which are covered by the Factories Act, 1948, the Shops and Commercial Establishments Acts of State Governments, the Industrial Employment Standing Orders Act, 1946 etc. This sector already has a structure through which social security benefits are extended to workers covered under these legislations.

The unorganized sector on the other hand, is characterized by the lack of labour law coverage, seasonal and temporary nature of occupations, high labour mobility, dispersed functioning of operations, casualization of labour, lack of organizational support, low bargaining power, etc. all of which make it vulnerable to socio-economic hardships. The nature of work in the unorganized sector varies between regions and also between the rural areas and the urban areas, which may include the remote rural areas as well as sometimes the most inhospitable urban concentrations. In the rural areas it comprises of landless agricultural labourers, small and marginal farmers, share croppers, persons engaged in animal husbandry, fishing, horticulture, bee-keeping, toddy tapping, forest workers, rural artisans, etc. where as in the urban areas, it comprises mainly of manual labourers in construction, carpentry, trade, transport, communication

etc. and also includes street vendors, hawkers, head load workers, cobblers, tin smiths, garment makers, etc.

Q15. State the restrictions on employment of women.Ans. PROHIBITION OF EMPLOYMENT OF WOMEN AND CHILDREN NEAR

COTTON-OPENERS. No woman or child shall be employed in any part of a factory for pressing cotton in which a cotton-opener is at work : Provided that if the feed-end of a cotton-opener is in a room separated from the delivery end by a partition extending to the roof or to such height as the Inspector may in any particular case specify in writing, women and children may be employed on the side of the partition where the feed-end is situated.

FURTHER RESTRICTIONS ON EMPLOYMENT OF WOMEN. - (1) The provisions of this Chapter shall, in their application to women in factories, be supplemented by the following further restrictions, namely :- (a) no exemption from the provisions of section 54 may be granted in respect of any women;

(b) no women shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7 P.M. :

Provided that the State Government may, by notification in the Official Gazette, in respect of any factory or group or class or description of factories, vary the limits laid down in clause (b), but so that no such variation shall authorize the employment of any woman between the hours of 10 P.M. and 5 A.M.; [ lra-114 (c) there shall be no change of shifts except, after a weekly holiday or any other holiday.

(2) The State Government may make rules providing for the exemption from the restrictions set out in sub-section (1), to such extent and subject to such conditions as it may prescribe, of women working in fish curing or fish-canning factories, where the employment of women beyond the hours specified in the said restrictions is necessary to prevent damage to or deterioration in, any raw material.

(3) The rules made under sub-section (2) shall remain in force for not more than three years at a time.

Q16. Write a essay on amended made by the government in the Factories Act with regard to the Women working in late night shifts.

Ans. THE Government March 30,2005 decided to amend the Factories Act, 1948, to allow women to work in late night shifts, provided the employers guarantee adequate safeguards for women workers.

"The Cabinet today decided to amend the Act so that women can also work between 10 p.m. and 6 a.m.," the Information and Broadcasting Minister, Mr Jaipal Reddy, told reporters after the Cabinet meeting.

The amendment of the Factories Act will provide flexibility in the matter of employment of women during night hours, he said.

The move is likely to benefit all factories engaged in manufacturing across sectors including textile, auto, paper, cement, shoes and drugs and pharmaceuticals since the labour supply available for their late night shifts will logically increase.

The Factories Act, in fact, covers all those premises where 10 or more workers are engaged in a manufacturing process "with aid of power" or where "20 or more workers are engaged in the manufacturing process without aid of power," according to official sources. However, workshops where manufacturing processes are carried out for purposes of education, training, research or reformation could be exempted by the State Governments from all or certain provisions of the Factories Act.

Incidentally, IT services and IT-enabled services, that engage a lot of women workers, will not be affected by this move as they are governed by the Shops and Establishments Act.

Mr Reddy added that flexible work timings for women shall be allowed "provided adequate safeguards in the factory as regards occupational safety and health, equal opportunity for women workers, adequate protection of their dignity, honour and safety and their transportation from the factory premises to the nearest point of their residence" are made.

State Governments have been authorised to "allow employment of women workers between 7 p.m. and 6 a.m. in such factory or group or class or description of factories subject to such conditions as may be specified therein," pointed out an official release. The State Governments, or "any person authorised" by them in this regard, can take such a decision after consulting the employer and workers concerned.

Q17. Discuss in detail Construction Labour.Ans. There are about 8.5 million building and other construction workers in India as

per the estimates of National Sample Survey (1987-88). These workers are one of the most numerous and vulnerable segments of the unorganised sector in India. The building and other construction works are characterised by their inherent risk to the life and limb of the workers. The work is also characterised by its casual nature, temporary relationship between employer and employee, uncertain working hours, lack of basic amenities and inadequacy of welfare facilities. Although the provisions of various Labour Laws i.e., Minimum Wages Act 1948,

Contract Labour (Regulation & Abolition) Act1970 and Inter-State Migrant Workmen (Regulation of Employment & Conditions of Services) Act 1979 etc., are applicable to the building and other construction workers, a need was felt for a comprehensive Central Legislation for this category of workers. Towards the above goal the following two enactments have come on the Statute Book w.e.f. 20.8.96, initially brought in as ordinances on 3.11.95

The Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act,1996; and The Building & Other Construction Workers’ Welfare Cess Act, 1996 .

AIMS AND OBJECTIVES

The above law aims to provide for regulation of employment & conditions of service of the building and other construction workers as also their safety, health and welfare measures in every establishment which employs or employed during the preceding year ten or more workers. The exception made is only in respect of residential houses for own purpose constructed with a cost not exceeding Rs. 10 lakh and such other activities to which the provisions of Factories Act, 1948 and Mines Act, 1952 apply. Some of the other main provisions of the Main Act are given below:

1. Provision for an Advisory Committee at the Central and the State levels with the function to advise the Governments concerned on such matters arising out of the administration of the Act as may be referred to it.

2. Provision for registration of each establishment within a period of sixty days from the commencement of work to ensure that there are no malpractices and to discourage non-compliance of law by circumventing.

3. Provision for registration of building workers as beneficiaries under this Act.

4. Provision for constitution a Building and Other Construction Workers’ Welfare Board by every State Government to exercise the powers conferred on, and perform the functions assigned to it, under the Act.

5. Provision for immediate assistance in case of accidents, old age pension, loans for construction of house, premia for group insurance, financial assistance for education, to meet medical expenses, maternity benefits etc.

6. Provision for health and safety measures for the construction workers in conformity with ILO convention No.167 concerning safety and health in construction revising the Safety Provisions (Building) Convention, 1937. For this purpose comprehensive Central Rules i.e. Building and other Construction

Workers (Regulation of Service and Conditions of Service) Central Rules, 1998 have been notified by the Central Government.

7. Provision for constitution of safety committees in every establishment employing 500 or more workers with equal representation from workers and employers in addition to appointment of safety officers qualified in the field.

8. Provision for Penalties of fine and imprisonment for violation and contravention of the Act

FUNDING

To raise the Funds for provision of various welfare measures, the Main Act provides for constitution of Welfare Boards. The major source of the Funds shall be collection of cess at rates not exceeding 2% of the cost of construction incurred by an employer. The collection of funds and administration of the Welfare Boards would be the responsibility of concerned State Governments.

GOVERNMENT POLICY

Government’s policy is to ensure that the intended benefits and advantages reach the construction workers at the earliest and in full measure. The difficulties experienced in implementation of these Act(s) will become more evident once the implementation of various provisions of the Act(s) and Rules by the Central as well as State Governments pick up momentum. Based on the experience gained by way of implementation of the Act(s) and Rules, corrective steps, if any, will be taken to make them more responsive to the welfare needs of the construction workers.

ENFORCEMENT

The Building & Other Construction Workers’ Welfare Cess Act, 1996 . ( 28 of 1996 )

An Act is provide for the levy and collection of a cess on the cost of construction incurred by employers with a view to augmenting the resources of the Building & Other Construction Workers’ Welfare Boards constituted under the Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act,1996. It extends to the whole of India and come in to force on the 3rd day of November, 1995.

Under the Act 1% cess shall be collected from every employer where the cost of construction is more than Rs. 10 lakhs. The proceeds of the cess so collected shall be paid by the local authority or the State Government collecting the cess to the Board after deducting the cost of collection of such cess not exceeding 1% 0f the amount collected.

Further, the Central Government may, by notification in the Official Gazette, exempt any employer or class of employers in a State from the payment of cess payable under this Act where such cess is already levied and payable under any corresponding law in force in that State.

Responsibility for enforcement of the Act primarily lies with the State Governments/UTs