LABOUR ACTS

Minimun Wages Act,1948 (Agriculture)  : Target of inspection under M.W.Act,1948 in Agriculture under 20-point programme for period from 1.4.97 to 31.3.2000.                                                                 

Unit Target for Achievement Cummulative achievement.

1.4.1997 to 31.3.1998 (1997-98)

06 1008 as per Memo No.8729(100) dt.21.4.97 of the Labour Commission,Orissa. 1185                              1185

1.4.1998 to 31.3.1999 (1988-99)

06 480 as per Memo No.5825(110) dt.13.4.98 of the Labour Commissioner,Orissa 614                                  614

1.4.1999 tp 30.8.1999 (1999-2000)

06 840 as per memo No.7607(102) dt.15.4.99 of the Labour Commissioner,Orissa 233                                  233

MINIMUM WAGES ACT, 1948 (OTHER THAN AGRICULTURE)

The Minimum Wages Act, 1948 enacted to secure the welfare of the workers in a competitive market by providing for minimum unit of wages in 83 Scheduled Employments. The object of the Act is to prevent exploitation of the workers and for this purpose it aims at fixation and revision of minimum wages which the employers must pay.  The Govt. of Orissa in Labour & Employment Department have revised the minimum rate of wages in 83 scheduled employments with effect from 1.5.1999 as follows :

1. Unskilled Rs.40/- per day
2. Semi-skilled Rs.48/- perday
3. Skilled Rs.56/-per day
4. Highly skilled Rs.64/- per day.

Action taken regarding enforcement of Minimum Wages Act as follows :

Year No. of inspection conducted No. of prosecution field. No. of claim case field. Amount involved in claim case.
1997 264 03 13 Rs.21481/-
1998 209 04 03 Rs.2180/-
1999 till 8/99 139 - 02 Rs.11955/-

PAYMENT OF WAGES ACT, 1936

The Payment of Wages Act,1936 is to regulate the payment of wages in certain class of employees employed in Industries and other establishments.  It prevents delayed wages disbursed, with holding wages, unreasonably imposing fines arbitrarily and making deduction from wages irregularly.  This office has enforced   the Act as follows through inspection, and out of complaints.

Year No. of inspection conducted No. of complain received No. of complaint disposed off. Amount involved. No. of workers bennefitted. No. of claim cases filed. Amount involved therein.
1997 178 108 174 Rs.224011/- 479 12 Rs.55435/-
1998 128 107 81 Rs.107846/- 160 23 Rs.79726/-
1999 till 8/99 86 85 64 Rs.109243/- 234 08 Rs.47667/-

CONTRACT LABOUR (REGULATION & ABOLITION) ACT,1970

Year No. of inspection conducted No. of licence taken under the Act. Amount of fees collected. Amount of security money deposit.
Licence fees. Renewal fees.
1997 13 07 Rs.840/- Rs.3470/- Rs.6120/-
1998 27 14 Rs.2400/- Rs.2000/- Rs.18630/-
1999 till 8/99 14 02 Rs.300/- Rs.1412/- Rs.2700/-

Contract Labour is one of the important segment of unorganised labour.  They are mainly engaged in the Roads,, Buildings, Canal, Dams, Embankment, construction activities etc.  It applies to the every establishment in which 20 or more workmen are employed in any day of the preceeding twelve months as contract labour, Every application for licence shall also be accompany by a Treasury Chalan showing the deposit of Security money and fees at the rate as specified below :

A. Security money : Rs.30/- per contract labour to be deposited by the contractor.

B. No. of Contract Labour :

Contract Labour Amount of fes.
Upto 20 Rs.40/-
21 to 50 Rs.100/-
51 to 100 Rs.200/-
100 to 200 Rs.400/-
201 to 400 Rs.800/-
401 and above Rs.1000/-

DADAN LABOUR :

The district of Kandhamal is well known for its forest resources.  The District is mostly inhabited by Tribals and Harijans. They live on seasonal cultivation and forest products. Their income is not sufficient for their family members.  So the young persons of the family are forced to migrate in search of labour by instigation of local Dadan Agent through Dadan contractors.  It may be both pull and push factors.   The main object of the Act was to regulate the recruitment of labourers from the State of Orissa to work out side the state and regulate their condition of service including the wages.

Year No. of complaint received for unauthorised recruitment of Dadal labour. No. of persons migrated. Action taken for unauthorised recruitment against Dadan contractor.
1997 03 64 3 Prosecution filed in the Court of the SDJM against the defaulting employers
1998 05 27 5 prosecutions filed in the court of the SDJM against the defaulting employers.
1999 till 8/00 02 15 2 prosecutions has been filed in the court of the SDJM against the defaulting employers.

ORISSA SHOPS AND COMMERCIAL ESTABLISHMENT ACT, 1956

The Orissa Shops & Commercial Establishment Act,1956 regulates almost all matters connected with the condition of work and employment of employees in shops and commercial establishment in Phulbani notified Area Council and G.Udayagiri Notified Area Council. It applies to all shops, commericial establishment, hotel, cinema houses, petrol pumps,etc. situated in Phulbani  and G.Udayagiri NAC area where one or more persons are employed. This office enforce the Act as follows :

Year No. of inspection conducted No. of shops registered. No. of commercial estt. registered. Total revenue receipt under the Act.
1997 24 15 08 1997-98/Rs.3756/-
1998 30 06 07 1998-99/Rs.2837/-
1999 till 8/99 16 03 - 1999-2000 till 8/99/ Rs.415/-

CHILD LABOUR (P&R) ACT,1986

An act to prohbit the engagement of children in certain employments and to regulate the condition of work of children in certain other employment. Child means a person who has not completed his 14 years of age.  The Hon'ble Supreme Court of India, in their historical judgement on Child Labour Survey in writ pettition (C) no. 465 of 1986 M.C. Mehta Vrs. State of Tamilnadu and other dated 10.12.96 has given certain directions for identification of Child Labour in both Hazardous and Non-Hazardous work and accordingly following action has been initiated in Kandhamal district.

On Child Labour Survey (Kandhamal District)

No Child Labour in Hazardous occupation have been detected in Kandhamal District during Child Labour Survey. There are 6482 child labourers   detected in non-hazardous occupation, out of which 42 number of child labourers have been detected during survey and 6440 number of child labourers have been detected as learners in non-formal education centres managed by Govt. and Non-Govt. organisation.  They are working for 4 to 6 hours in a day and 2 hours education is being provided by NFE centres located in Kandhamal district.  The same has been communicated to the Commissioner-cum-Secretary to Govt. Labour & Employment Deptt.,Orissa,Bhubaneswar by Fax in this office letter No.3719 dated.4.1097.

The district Labour Officer,Kandhamal,Phulbani has issued Show-Cause notice to the employers those who have engaged the Child Labourers to ensure :

That all the BDOs , Executive Officer NACs,Kandhamal district,Sub-Collector,Kandhamal and Balliguda , CI of  Mass-Education Officer,Phulbani have been requested to take timely follow up action to enroll the Child Labourers in school as per letter D.O.No.14844(30) dated 25.11.97 of the Commissioner-cum-Secretary to Govt. of Orissa, Labour & Employment Department, Bhubaneswar. A report has been submitted to the Commissioner-cum-Secretary to Govt. of Orissa Labour & Employment Department with memo to the Labour Commissioner,Orissa regarding followup action on child labour survey in this office memo no.2316 dt.16.7.98.

INDUSTRIAL DISPUTE ACT,1947.

The Industrial Disputes Act. 1947 provides to protect the workman from exploitation and whimisical directive of the employers. The Act applies to every business,trade, undertaking,services  etc. which is consider as an Industry. This office has acted under the Act as follows:

Year No. of conciliation admitted. No. of failure report submitted to Govt. No. of awards for implement- ation. Action taken.
1997 02 ID case no.17/95.01 In the mean time the EE Boudh Irrigation Divn. intimated in his memo no.703 dt.15.3.99 that as per the decision of Govt. Deptt. Resources Bhubaneswar the case required re-examination by Addl.Adcvocate General,Orissa High Court,Cuttack.
1998 02 ID Case No. 04(10/92) The case is sub-judice in OJC case No.16864 of 1998. Stay for operation of implementation of of award dt.14.12.98
ID case no. 3/92 The case is sub-judice in OJC Case No.3282 of 1992
ID case No.4/92 The case is sub-judice in OJC No.16864 of 1998 of Orissa High Court.
ID case  No. 59/95 The Divisional Manager OFDC Ltd. Boudh has filed a write application in OJC No.365/99 reagarding the award and the management will produce the stay order as per his letter No.2733 dt.17.7.99.
1999 till 8/99 01 01 02 One prosecution has been filed in the court of the SDJ,Boudh for non-implementation of Award.