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1. The Organisation of the Chief Labour Commissioner (C))known as Central Industrial Relations Machinery was set up in April, 1945 in pursuance of the recommendation of the Royal Commission on Labour in India and was then charged mainly with duties of prevention and settlement of industrial disputes,enforcement of labour laws and to promote welfare of workers in the undertakings falling within the sphere of the Central Government. Combining the former organizations of the Conciliation Officer (Railways) and Supervisor of Railway Labour and the Labour Welfare Advisor, it started with a small complement of staff comprising Chief Labour Commissioner (C)) at New Delhi, 3 Regional Labour Commissioners at Bombay, Calcutta & Lahore and 8 Conciliation Officer and increased gradually consequent upon expanding labour legislation's in the Post-independence period, increased industrial activity in the country and growing responsibilities of the Organisation.
Presently there are 18 regions each headed by a Regional Labour Commissioner (C) with Headquarters at Ajmer , Ahmedabad, Asansol,Bangalore, Bombay, Bhubaneshwar, Chandigarh, Cochin, Calcutta,Gwahati, Hyderabad, Jabalpur, Madras, New Delhi, Patna, Nagpur,Dhanbad and Kanpur. Out of these, 14 regions have been placed under the supervision of three zonal Dy.CLCs(C) and 4 regional offices are supervised directly by Headquarters office of CLC(C).
(Please see the Organogram).
2. BROAD STRUCTURE OF THE ORGANISATION:
CIRM is headed by the Chief Labour Commissioner (Central)[ CLC (C) ]. It is entrusted with the task of maintaining good industrial relations in the Central sphere. At the headquarters, CIRM has a complement of 25 officers who perform line and staff functions. In the field, the machinery has a complement of 253 officers and their establishments are spread over different parts of the country with zonal, regional and unit level formations as presented in the organogram.
CENTRAL INDUSTRIAL RELATIONS MACHINER
ASSISTANT LABOUR COMMISSIONER (CENTRAL) - 70 OFFICERS
LABOUR ENFORCEMENT OFFICERS (CENTRAL) - 161 OFFICERS
CA (LW) - Chief Advisor (Labour Welfare)
Jt. CLC - Joint Chief Labour Commissioner
Dy. CLC - Deputy Chief Labour Commissioner
RLC - Regional Labour Commissioner
3. Objectives of the CLC(C) Organisation.
1. Promotion of peaceful and harmonious Industrial Relations in the Central Sphere through prevention & settlement of I.ds. in the Industries for which Central Govt. is the appropriate Govt.
2. Verification of the Trade Union's Membership.
3. Enforcement of labour laws in central sphere.
The CIRM administers the Labour Laws in the industries for which The Central Govt. is the `appropriate Government' under that Act, Its functions therefore are:
* Prevention and settlement of industrial disputes;
* Verification of membership of Trade Unions;
* Enforcement of Awards and Settlements;
* Conduct of inquiries into the breaches of Code of Discipline;
* Promotion of Works Committees and Workers' Participation in Management;
* Collection of statistical information;
* Defence of court cases and writ petitions arising out of
Implementation of labour laws.
5.Important Legislations Administered.
6. VERIFICATION OF TRADE UNION MEMBERSHIP
GENERAL VERIFICATION :
The general verification to determine the relative strength of Central Trade Union Organisation is conducted with a view to giving them representation on various international and national conferences, Committees, Councils etc. The strength of a Central Trade Union Organisation is taken to be the combined membership of registered unions affiliated to the central trade unions. Only those Central Trade Union Organisations whose affiliates are spread over atleast four states and in four industries and have 5 lakhs memberships.
The Government would recognize such trade unions as central Trade Union Organisation. The verification is undertaken once in four years.
STATUTORY VERIFICATION IN BANKS
On request from Ministry of Finance (Banking Division) the organisation of CLC(C) conducts Verification of membership the Unions operating in various nationalized banks for appointment of workmen's' Director on the Board of Directors. The Verification is conducted as per the procedure laid down in Nationalized Banks (Management & Misc.) Scheme, 1970 and Subsidiary Banks (Appointment of Employees Directors) Rules,1974.
VERIFICATION UNDER CODE OF DISCIPLINE
Verification of membership of unions is undertaken for determination of relative strength of unions operating in the establishments, falling within the purview of the Central Govt. under the Code of discipline and through secret ballot for conferring recognition on the majority union for a period of two years as approved by the Standing Labour Committee in its 19th Session held in April, 1961.
AD-HOC VERIFICATION IN MAJOR PORTS (PORT TRUSTS AND DOCK LABOUR BOARD.)
On the reference from Ministry of Surface Transport, Verification membership of unions operating in Major Port Trusts and Dock Labour Boards is undertaken to determine the relative strength of unions for the purpose of allocation of Labour seats on the Port Trusts/Dock Labour Board for a period of two years.
7. ENFORCEMENT OF LABOUR LAWS
The Labour Enforcement Officers (Central) function basically as Inspectors under various enactment's. The other officers of the Organisation from the level of ALC (C) up to the level of CLC (C) have also been vested with the powers of Inspectors, under various labour laws where they have not to perform quasi-judicial functions.
The CIRM Officers carry out regular inspections under various labour laws. Besides the regular inspections, the officers of CIRM focus special attention on the enforcement of beneficial labour legislation's and carry out special drives of inspections known as Crash Programs & Task Force inspections.
8. SALIENT FEATURES OF VARIOUS ACTS FOR WHICH THE CENTRAL INDUSTRIAL RELATION MACHINERY IS THE ENFORCING AGENCY.
The Central Industrial Relation Machinery (CIRM) is the responsible for enforcing the following labour Laws in the industries and establishments for which the Central Government is the appropriate Government.
(i) PAYMENT OF WAGES Act 1936.
The Central Government is the Appropriate Government under the Act in respect of the establishments of Railways, Mines/oil-fields, Air Transport and major ports. Employers cannot withhold wages earned by workers nor can they make any unauthorised deduction. Payment must be made before expiry of a specified day after the last day of the wage period. Fines can be imposed for only those acts or omissions, which have been approved by an appropriate authority and must not exceed an amount equal to three per cent of wages payable. If payment of wages is delayed or wrongful deductions are made, workers or their trade unions can file a claim.
The Minimum Wages Act, empowers the Government to fix minimum wages for employees working in specified employments. It provides for review and revision of minimum wages already fixed after suitable intervals not exceeding five years. Central Government is the appropriate agency in relation to any scheduled employment carried on by or under its authority or in railway administration or in relation to mines, oilfields or major ports or any corporation established under the Central Act. State governments are the appropriate agencies in relation to other scheduled employment. The Central Government is concerned to a limited extent with building and construction activities mostly carried on by Central Public Works Department, Ministry of Defence etc, and agricultural farms under the Ministries of Defence and Agriculture. Bulk of such employment fall in the state spheres and state governments are required to fix/revise wages and ensure their implementation in respect of scheduled employment within their spheres.
Enforcement of Minimum wages in Central sphere is secured [through the Central Industrial Relations Machinery (CIRM). The Central Government has fixed Minimum Wages under the Minimum Wages Act, 1948 for 40 scheduled employment under the Central Sphere.
(iii) PAYMENT OF BONUS ACT 1965 :
The Act Applies to all Factories and every other establishments, which employs twenty or more workmen. The Payment of Bonus Act, 1965 provides for a minimum bonus of 8.33 percent of wages. The salary limited fixed for eligibility purposes in Rs. 3,500 per month and the payment is subject to the stipulation that the bonus payable to employees drawing wages or salary between Rs2,500 and Rs. 3,500 per month would be calculated as if their salary or wages is Rs. 2,500 per month.
The Central Government is the Appropriate authority in respect of the industries /establishments for which it is appropriate Government under the industrial Disputes Act, 1947.
(iv) EQUAL REMUNERATION ACT 1979 :
Equal Remuneration Act 1979 Provides for payment of equal wages for work of same and similar nature to male and female workers and for not making discrimination against female employees in the matters of transfers, training and promotion etc. Central Government is the appropriate Govt. in respect of industries/establishments for which it is appropriate Govt. under the Industrial Disputes Act. 1947.
The Contract Labour (Regulation and Abolition) Act, 1970 has been enacted to regulate the employment of contract labour in certain establishments and to provide for its abolition in certain circumstances and for matters connected therewith. It applies to all establishments employing 20 or more contract labour and to all contractors who employs 20 or more contract labors. It applies to all establishments 20 or more contract Labour and to all contractors who employer, 20 or more Contract Labour. The Act provides for the constitution of Central and State Advisory Boards to advise the concerned governments on matters arising out of the administration of the Act.
The Central Government has issued a number of notifications prohibiting employment of Contract Labour in different categories of works, job and process as in mines, Food Corporation of India's godowns, port trusts and many other industries/ establishments for which it is the Appropriate Government. The Central Advisory Contract Labour Board has also constituted a number of committees to enquire into the question of prohibition of contract labour system in different establishments.
Central Government is the Appropriate Government inrespect of industries and establishments for which it is Appropriate Government under the industrial Disputes Act,1947.
(vi) CHILD LABOUR (Prohibition and Regulation) Act,1986.
The Child Labour (Prohibition & Regulation) Act, 1986 prohibits employment of children in certain hazardous occupations and processes and regulates their employment in some other areas.
Central Government is the Appropriate Government in relation to an establishment under the Control of the Central Government or a railways administration or a major port or a mine or oilfield. The Hon'ble Supreme Court in their Judgement dated 10.12.1996 in the Writ Petition (Civil) No.465/86 has given certain directions regarding the manner in which children working in hazardous occupations are to be withdrawn and rehabilitated. One of the important directions of the Supreme Court relates to conduct of survey of Child Labour. The issue of conducting survey came up for discussion in the Conference of Labour Ministers, Labour Secretaries, Labour Commissioner of all the States/UTs which was held in New Delhi on 22.1.1997 under the Chairmanship of the Union Labour Minister.
After the deliberation in the conference guidelines to the State Governments for implementing the judgement of the Hon'ble Supreme Court have been issued by the Ministry of Labour.
(vii) CERTIFICATION OF STANDING ORDERS:
The Industrial Employment (standing orders) Act 1946 is an Act to require employers in industrial establishments to formally define conditions of employment under them. It applies to every industrial establishment wherein 100 (reduced to 50 by the Central Government in respect of the establishments for which it is the Appropriate Government) or more workmen are employed. And the Central Government is the appropriate Government in respect of establishments under the control of Central Government or a Railway Administration or in a major port, mine or oil field. Under the Industrial Employment (Standing Orders) Act, 1946, all RLCs(C) have been declared Certifying Officers to certify the standing orders in respect of the establishments falling in the Central Sphere. CLC(C), Jt. CLC(C) and all Dy.CLCs(C) have been declared Appellate Authorities under the Act.
(viii) HOURS OF EMPLOYMENT REGULATIONS 1961.
The Hours of Employment Regulations are applicable to all railway servants excepting those governed by the Factories Act, Mines Act and the Indian Merchant, Shipping Act as well as those specifically excluded. The Hours of Employment Regulation provides for classification of railways workers depending upon nature of duties as intensive, continuos, essentially intermittent and excluded.
It regulates hours of work and periods of rest. workers aggrieved by classification can approach RLCs who is empowered to decide such cases.
(vii) MATERNITY BENEFIT ACT , 1961
The Maternity Benefit Act, 1961 regulates employment of women in certain establishments for a certain period before and after child birth and provides for maternity and other benefits. The Act applies to mines, factories, circus, industry, plantation and shops and establishments employing ten or more persons, except employees covered under the Employees State Insurance act, 1948. It can be extended to other establishments by the state governments. There is no wage limit for coverage under the Act. The Central Government is Appropriate Government in respect of the Circus Industry and Mines.
The Payment of Gratuity Act, 1972 is applicable, to factories, mines, oil fields, plantations, ports, railways, motor transport undertakings, companies, and to shops and other establishments, Employing 10 or more workmen. The Act provides for payment of gratuity at the rate of 15 days wages for each completed year of service subject to a maximum of Rs. two lakh. In the case of seasonal establishment, gratuity is payable at the rate of seven days wages for each season. The Act does not affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer. Central Government is the Appropriate Government in relation to an establishment belonging to the or under the control of the Central Government or having branches in more than states or an establishment of a factory belonging to or under the control of Central Government or of a major port, oilfield railway or mine.
The Industrial Disputes Act. 1947 is an act to make provision for the investigation and settlement of industrial disputes and for certain other purposes. It provides for a special machinery of conciliation officers, work committees, court of inquiry, Labour courts, Industrial Tribunals and national Tribunals, defining their powers, functions and duties and also the procedure to be followed by them.
It also enumerates the contingenies when a strike or lock-out can be lawfully resorted to, when they can be declared illegal or unlawful, conditions for laying off, retrenching discharging or dismissing a workman, circumstances under which an industrial can be closed down and several other matters related to industrial employees and employers.
The central government is appropriate government for the industries which are carried on:
(a) By or under the authority of Central Govt.
(b) By a railway company:
© A controlled industry, specified for this purpose :
(d) In relation to certain industries enumerated in sec 2(a) of the act
However after the judgement of the Hon'ble Supreme Court of India in the Air India Corporation Case in 1996, all the industries "under the control of Central Govt." came under the Central sphere. And, the Central Government has delegated its power : inrespect of 199 industries to State. Govt.
9. AUTHORITIES UNDER VARIOUS LABOUR LAW:
LABOUR ENFORCEMENT OFFICER (C):
The Labour Enforcement officer (C) (LEOs(C)) have been declared inspectors under all the above enactments enumerated in column (4), in the industries / establishments in the Central Sphere. Almost all LEOs(C) having independent offices are also Conciliation officers under section 4 of I.D. Act. They have also been declared supervisors of the railways employees, as per the provisions of the Indian Railways Act.
ASSISTANT LABOUR Commissioners(C)
Asstt. Labour Commissioners have been declared inspectors under all the enactments enumerated in column (4),above, except Equal remuneration Act and Payment of Gratuity Act. They are conciliation officers under the I.D.Act (Section 4). They intervene and prevent the industrial disputes and maintain harmonious Industrial Relations. A.L.Cs(C) are also controlling authorities under the payment of Gratuity Act (sec.3), Authorities under the Equal remuneration Act (Sections 7) and Registering and Licensing Officers (Sections 6 and 11 respectively) under the Contract Labour (Regulation & Abolition)Act.
The ALCs as Conciliation Officers intervene into the industrial disputes and maintain harmonious Industrial Relations.
As controlling authorities under the payment of Gratuity Act (sec. 3), and Authorities under the Equal remuneration Act (Sections 7), they
decide the claim cases filed before them under these acts. As Registering and Licensing Officers under the Contract Labour (Regulation & Abolition) Act, they grant licenses to the contractors and Registration certificate to the Principal Employers.
They are also Registering and Licensing officer under I.S(M.W) Act, Registering officer under the Building & other construction workers (RE&CS)Act inspectors under other enactment's. In addition ALCs(C) have to do verification of Trade Union Membership in the establishment wherever required (in respect of industries, which have accepted code of discipline, statutory verification in Banks and ad-hoc verification in major ports). The Ministry and Hqrs also ask them. office of the CLC(C) to conduct inquiries/investigations into complaints/representations references received from VIPs/Unions/individual workers etc.
RLC(C) are the Authority under Minimum Wages Act. They decide cases of payment of wages less than minimum rate of wages fixed, filed before them, as provided under sec. 20 of the M.W.Act. They are certifying officers, under IE(SO) Act. for certification of the Draft Standing Orders, submitted under the I.E (S.O) Act. They are the appellate authority under Payment of Gratuity Act and Equal remuneration Act. They have also been declared inspectors under all the enactments enumerated in column (4), above, except Equal remuneration Act and Payment of Gratuity Act.
The RLCs(C) being the head of the region is not only in charge of day-to-day administration but also has to discharge many statutory duties relating to enforcement and industrial relations, including those of Conciliation Officer under the I.D. Act. Appellate officers under CL(R&A) Act, I.S(M.W) Act and buildings & construction workers (RE&CS) Act, RLCs(C) also function as convener member of the subcommittee constituted by DG(LW) to investigate and report about the desirability to prohibit contract labour in industries.
DEPUTY CHIEF LABOUR COMMISSIONER(C)
The Dy. CLCs(C), besides, coordinating, monitoring and supervising the activities of the regional offices, also handle important Industrial Disputes referred to or apprehended in the zone effectively. Dy. CLC(C)s as appellate authority under IE(SOs) Act, dispose off appeals arising out of certification of standing orders by RLC(C)s. The Dy.CLCs(C) are authority for deciding cases of same or similar nature of work and condition of wages of contract labour under Rule 25 (2)(v)(a) and 25(2) (v) (b) of CL(R&A) (Central) Rules. respectively.
Jt.CHIEF LABOUR COMMISSIONER(C)
The Jt. CLC(C) handles important Industrial Disputes of all India nature. He is also appellate authority under Industrial Employment (Standing Orders) Act.
As the head of the organisation of the CLC(C) has an over all control over the functioning of the organisation. The CLC(C) has been declared an inspector under some establishments such as M.W. Act etc., he has also been given certain special powers under enactment like CL(R&A) Act, IE9SO) Act etc.