The provision regarding the welfare of workers under Factories act, 1949
The two important elements to increase the efficiency of the workman are health and welfare. The wages or salary is not sufficient for the workers. The health and welfare of workers are also important. It is the reason that the factory act, 1949 provided provision separately in two chapters for the health and welfare of workers.
The following provision:
Washing facilities to Factory workers
Section 42. Washing facilities under the welfare of workers
In every factory:
- Adequate and appropriate facilities for laundry shall be provided and maintained for the utilization of the workers therein.
- Separate and adequately screened facilities shall be provided for the utilization of male and feminine workers.
- Such facilities shall be handily accessible and shall be unbroken clean.
The regime may build rules requiring that in any specific manufacturing plant whereby over a pair of hundred and fifty staff square measure ordinarily utilized, a canteen or canteens shall be provided and maintained by the occupier for the use of the staff.
Facilities for storing and drying clothes for factory workers
Section 43. Facilities for storing and drying clothing under the welfare of workers
The regime might, in respect of any works or category or description of factories, create rules requiring the availability in that of appropriate places for keeping an article of clothing not worn throughout working hours and for the drying of wet covering.
Facilities for sitting for the welfare of workers
Section 44. Facilities for sitting under the welfare of workers
- In each manufactory, appropriate arrangements for sitting shall be provided and maintained for all employees obligated to figure in standing position, so that they will make the most of any opportunities for rest which can occur within the course of their work.
- If, among the opinion of the Chief Inspector, the staff during any manufactory engaged during a specific producing method or operating in a specific space area unit ready to do their work efficiently in associate extremely sitting position, he may, by order in writing, need the occupier of the manufactory to supply before a nominative data such seating arrangements as could be practicable for all staff therefore engaged or operative.
- The regime may, by notification among the Official Gazette, declare that the provisions of sub-section (1) shall not apply to any specific manufacturing plant or category or description of factories or to any specific producing method.
- First aid facilities for staff of manufacturing plant
Section 45. First-aid appliances under the welfare of workers
- There shall in each manufactory be provided and maintained thus on be promptly accessible throughout all operating hours first-aid boxes or cabinets, equipped with the prescribed contents, and the number of such boxes or cabinets to be provided and maintained shall not be but one for each 100 and fifty employees normally utilized at any one time in the factory.
- Nothing except the prescribed contents shall be unbroken in an exceedingly first-aid box or cabinet.
- Each first-aid box or cupboard shall be kept in the charge of a separate responsible person who holds a certificate in first-aid treatment recognized by the State Government and who shall continuously be promptly out there throughout the operating hours of the factory.
- In each manufactory whereby over 5 hundred employees area unit ordinarily employed there shall be provided and maintained an automobile space of the prescribed size, containing the prescribed instrumentality and within the charge of such medical and nursing workers as is also prescribed and those facilities shall continuously be created promptly out there throughout the operating hours of the factory.
Canteen facilities for the welfare of workers
Section 46. Canteens under the welfare of workers
- The regime could build rules requiring that in any specific manufactory whereby over 2 hundred and fifty employees area unit normally utilized, a canteen or canteens shall be provided and maintained by the occupier for the utilization of the employees.
- While not prejudice to the generality of the preceding power, such rules may provide for-
- The date by that such canteen shall be provided.
- The standards in respect of construction, accommodation, furniture and other equipment of the canteen.
- The foodstuffs to be served therein and the charges which may be made therefor;
- The constitution of a managing committee for the canteen and illustration of the employees within the management of the canteen.
- The things of expenditure within the running of the canteen that doesn’t seem to be to be taken into account in fixing the price of foodstuffs and that shall be borne by the employer
- The delegation to the Chief Inspector, subject to such conditions as is also prescribed, of the facility to form rules beneath clause (c).
BALAKRISHNA VS. K.J. MISHRA A.I.R.1970 BOMBAY 198. It was held that where the canteen is maintained, there it shall be maintained without profit, with respect to employment and if any contractor operates it for profit, then he has no obtained a license for it.
INDIAN EXCLUSIVE LTD. VS STATE OF U.P. A.I.R. 1981, 1, L.L.J.423 ALLAHABAD It was said that the maintenance of canteen in a factory or company is an action related to Industrial activities. Hence, the employees employed is canteen shall be considered to be a workman. If the canteen is maintained through a contractor, then the occupier of the factory shall be deemed to be the employer. This has been rectified in the case TAMIL MANILA THOJI LALAR, SANGAM VS. TAMILNADU ELECTRICITY BOARD, MADRAS, 1998, 2 L.L.J. 751 MADRAS. Here it is important that if there is an agreement between the employer and workman then a canteen can be operated even when the workers are less than 250.
Shelters, restrooms and lunchrooms facilities for employee
Section 47. Shelters, restrooms, and lunchrooms under the welfare of workers
- In each industrial plant whereby quite 100 and fifty employees area unit normally utilized, adequate and appropriate shelters or rest spaces and an acceptable lunchroom, with provision for a drink, wherever employees will eat meals brought by them, shall be provided and maintained for the utilization of the workers: provided that any canteen maintained in accordance with the provisions of section forty-six shall be considered a part of the wants of this sub-section: PROVIDED more that wherever a lunch space exists no employee shall eat any food within the workspace.
- The shelters or restrooms or lunchrooms to be provided underneath sub-section (1) shall be sufficiently lighted and oxygenated and shall be maintained during a cool and clean condition.
- The authorities may:
- Dictate the standards in respect of construction, accommodation, furnishings and alternative instrumentation of shelters, restrooms, and lunchrooms to be provided underneath this section;
- By notification within the Official Gazette, exempt any industrial plant or category or description of factories from the wants of this section.
Creche facilities for employees
Section 48. Creches under the welfare of workers
- In each industrial plant whereby quite 69 thirty ladies workers area unit normally utilized there shall be provided and maintained an acceptable space or rooms for the utilization of youngsters underneath the age of six years of such ladies.
- Such rooms shall give adequate accommodation, shall be adequately lighted and oxygenated, shall be maintained during a clean and status and shall be underneath the Charge of ladies trained within the care of youngsters and infants.
- The authorities could build rules:
- Prescribing the situation and also the standards in respect of construction, accommodation, furnishings and alternative instrumentation of rooms to be provided underneath this section.
- Requiring the availability in factories to that this section applies to further facilities for the care of youngsters happiness to ladies employees, as well as the appropriate provision of facilities for laundry and dynamic their clothing.
- Requiring the availability in any industrial plant of free milk or refreshment or each for such children.
- Requiring that facilities shall be in any industrial plant for the mothers of such youngsters to feed them at the required intervals.
Also Read: Origin of Labor Law
Head Officers area unit provided for industrial plant employees for the welfare of workers
Section 49. Welfare officers under the welfare of workers
- In each industrial plant whereby 5 hundred or additional employees area unit normally utilized, the occupier shall use within the industrial plant such a range of welfare officers as could also be prescribed.
- The authorities could dictate the duties, qualifications, and conditions of service of officers utilized underneath sub-section (1).
A welfare officer may be appointed in such sugar Mill during which quite five hundred employees area unit utilized for a few months during a year. EMPLOYERS UNION, NORTH India VS. SECRETARY OF UNION, A.I.R. 1952 ALLAHABAD 109. consequently, numerous provision is created within the factories act for the health and welfare of the employees.
Power to form rules facilities area unit provided for the welfare of workers
Section 50. Power to form rules to supplement this Chapter under the welfare of workers
The authorities could build rules:
- Exempting, subject to compliance with such different arrangements for the welfare of employees as could also be prescribed, any industrial plant or category or description of factories from compliance with any of the provisions of this Chapter.
- Requiring in any industrial plant or category or description of factories that representatives of the employees utilized within the industrial plant shall be related to the management of the welfare arrangements of the employees.