kile dec 2015.pmd

1Kerala Institute of Labour and Employment (KILE)

KILEKILEKILEKILEKILE NEWSNEWSNEWSNEWSNEWS

2 Kerala Institute of Labour and Employment (KILE)




Chief Minister Oommen Chandy greeting the audience after inaugurating the Skill Fiesta 2016. K.Biju,Director Employment and Training, Prof. Abraham Koshy, IIM, Ahemadabad, Jiji Thomson, Chief Secretary,Kerala, Shibu Baby John, Minister for Labour and Skills, ManjuWarrier, Cine Artist and Skill DevelopmentGoodwill Ambassador, Mazel Ampareen Lyngdoh, Minister for Labour and Urban Affairs, Meghalaya, TomJose, Additional Chief Secretary, Labour and Skills Department, Kerala are also seen.

Department of Labour and Skills , Kerala is on an ambitious and visionary initiative to transformKerala in to a Global Skills Destination through various skill development initiatives. Nypunyam –International Summit and Skill Fiesta 2016 was one of such initiative. It is first- of -its- kind initiative inthe country. The three day event was jointly organized by the Directorate of Employment and Trainingand Kerala Academy of Skills Excellence (KASE) in association with the Union Ministry of Skill Developmentand Entrepreneurship, National Skill Development Corporation, World Skills India and Skill India.

The International Summit was inaugurated by Governor P. Sadasivam and Skill Fiesta 2016 wasinaugurated by Chief Minister Oommen Chandy, on 5th February 2016 in Thiruvananthapuram.

Kerala Shows the WayInternational Skill Summit &

Skill Fiesta 2016


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KILE NEWSA Publication of the Kerala Instituteof Labour and Employment (KILE)

Vol-IIIssue - 7July- September 2015

PatronShibu Baby JohnHon’ble Minister for Labour and SkillsPresident KILE

Managing EditorPhillip JosephChairman KILE

Chief EditorV VeerakumarExecutive Director KILE

Editors-in-ChargeKiran JNSenior Fellow KILEK DileepkumarFellow (Labour) KILEVijay WillsFellow (Employment) KILE

Asst. EditorTS JayalalAccounts Assistant, KILE

Design & LayoutDeepak Mouthatil

PhotosArun

Editorial AssistanceJisha ASJayasree SUmadevi SNazeeja AR

Printed atC-aptThiruvananthapuram-13

N.B Responsiblity of the views in thearticle lies with the author

12 KNOW YOURAUTHORITIES UNDERVARIOUS ENACTMENTS

14

8 Quantifying the IntangiblesWhat’s in it forHR professionals?Ms. Chandra Vadhana R.

In Tune with the TimesWage Protection System (WPS)V. Veerakumar



JurisConsultus

35 DoYouKnow

49

44 Calendar of Programmes48 Media on KILE50 Letters

18

V. Veerakumar

New Additionsto the Library2015-2016

37th Anniversary Celebrations20

Publications32

Data Zone40



Acknowledged

The 37th anniversary of KILE was celebrated with variety of programmes includingthe literary and cultural competitions, photo exhibition, seminar, trade fare etc. Thecelebration was memorable on the way it was organized and also with the presenceof the Hon’ble Ministers of Home and Vigilance Ramesh Chennithala and Labourand Skills Shibu Baby John. I take this opportunity to express our sincere gratitude tothe Hon’ble Ministers for having spent some time with us and made the celebrationhistorical.

I recall the request I made in this column last time seeking the cooperation of theorganisations of employers, trade unions, officials of the Departments, welfare fundboards and well-wishers to make the anniversary celebrations a grand success. Weare happy to say that our request for cooperation has been conceded by all andliterally made our celebrations a grand success. We sincerely believe that thecelebrations would not have been success unless these cooperation and supportwas received from all quarters.

Hence, at this moment we proudly acknowledge the cooperation and supportextended from the Departments, welfare fund boards, organisations of employers,trade unions and well-wishers.

Philip Joseph

From theChairman’s Desk



From theChief Editor’s Desk

Labour Law reforms:An imminent threat

Reforms are always an indication of progress in any sphere of development. If it is notin the right direction, no doubt it is a threat to the group that may be affected due to thechange . This is the situation the trade unions in the country are anticipating on theproposed labour reforms of the Central government. The recent all India strike conducted

by the trade unions was the outcome of this fear. There are reasons for this fear as many states have already madesome amendments to the existing labour legislations which have either taken away or restrained certain rights theworkers have been enjoying for the last so many decades. Though the picture is not clear, they are expecting certainthreat on the proposed draft Codes replacing the existing Central legislations.They are expecting certain sweepingchanges in the current Industrial Disputes Act, Factories Act, Provident Funds Act, Employees State Insurance Actetc. Though a clear picture is yet to come the workers and trade unions are skeptical about the outcome. Whatevermay be the proposed changes, any further relaxation from the existing conditions of the labour enactments willcertainly weaken the social security of the workers. However, any changes which may be required for meeting theinterest of the nation need to be welcomed wholeheartedly. But it should not be by curtailing the interests of theworking population.

At this instance the opinion expressed by the Hon’ble Minister for Labour and Skills, Govt. of Kerala in the 46th

Indian Labour Conference held at Vigyan Bhawan, New Delhi on 20-21 July , 2015 was remarkable and bold enoughthat “making India into a developed nation should not be at the expense of the workers”. However in the words of theUnion Minister of State with independent charge of labour and employment “ this is being done with the solepurpose of facilitating small and medium entrepreneurs, especially young entrepreneurs, to set up enterprises inevery nook and corner of the country without any hassles.”

Moreover the adamant attitude of the united Trade Unions including the Bharathiya Mazdoor Sangh (BMS),the trade union wing of the Bharathiya Janatha Party was very significant, have persuaded the Government to atleastsay that any changes proposed would be finalized only after considering the opinion of the tripartite set up to beconstituted for the purpose. So while considering this the Union Government should see that the so called developedcountries are now giving more priority to the interests of the working class. than in the ester years.

In view of the ILO “labour market flexibility is as high as 93 per cent in India. This means that 93 per cent of India’sworkforce anyway do not enjoy the protection of India’s 144 labour laws. But industry’s solution to the labourproblem is a dilution of these laws so that the mass of informal workers can be employed formally, but without legalprotections.” (Labour in the twenty – first century by G. Sampath, The Hindu dt.20.02.2016). If this is the situation, thefear of the trade unions and workers is right enough.

V. VeerakumarExecutive Director



Quantifying the IntangiblesWhat’s in it forHR professionals?

Ms. Chandra Vadhana R.*

Mankind has been trying to discover and explorethe outer space world in the past few decades. The nextfew decades may be a journey of expedition to man’s innerworld. The human mind is still the most exciting andunraveled mysteries that we are trying to conquer.

The field of psychology has been evolving eversince Ancient Greeks, Chinese and Indians were trying tostudy the mind and its philosophies.However, Psychology which was a branchof philosophy until the 1870s, then developed as an

*Skill Development Specialist, HR Trainer and Research Fellow, CUSAT, Kochi



independent scientific discipline in Germany and theUnited States initially.

Today, the field of psychology is fast growing and isbecoming a well researched scientific discipline with highlyacclaimed research institutes studying the nuances ofhuman brain and the concept of mind. Add to it, theadvances in technology, internet and the social media,the science of gauging the human mind is growing leapsand bounds. The field of Applied Psychology andPsychometrics are soon becoming a fashionable thing aswell among the corporate. So, what’s this all about? Readon for an overview of the field and how it can help HRProfessionals and organizations as such.

What is Psycho Profiling and Psychometrics?Psychometrics is the measurement (Metric) of mental

attributes (Psycho). It is a scientific method of assessmentof human mental attributestowards better self understandingand performance prediction.

What can we measure?Most of the intangible

attributes of mind can be assessedusing specifically developed tests.Some of the areas include,

• Personality• Behaviour• Skills• Attitude• Aptitude and• many other psychological

attributes.

How do we measure?Advanced psychological

testing like eye tracker, sweatanalyser, brain analyser and otherinstruments are used in wellknown psychological labs andresearch institutions forunderstanding human behaviourand mental attributes. However,we are yet to have suchsophisticated methods in India.Hence, most of our Psychological

assessment methods include paper and pencil tests (oronline version of the same). However, it’s very importantthat we measure psychological aspects only withStandardized Instruments.

Standardized instruments are reliable and valid andculturally calibrated. For eg: How do we know that wehave fever? The easy method is to place our hand onforehead and know it. Yes, we realize that we have fever.We may then decide to take a medicine or decide to go toa doctor. But when you go to the Doctor, he places thethermometer to measure the fever and then only prescribesthe medicine accordingly. And the measure gives thetemperature in units like degree Celsius or Fahrenheit. Sothat when the score is high, the medicine and dosage isdifferent than when the temperature is low. Now, Will youtrust your doctor if he also places his hands on foreheadand prescribes medicine? No, right? Hence, using a properdiagnostic tool that is calibrated and scientifically testedand norms created is very important for proper diagnosis.



How do we know whether the test isstandardized?

Check if Standardization documents are publishedby the test provider. The standards and norms shouldbe ideally published in credible academic journals aswell. The reliability coefficients and validity results areincluded in the statistical analysis of these documents.The rule is simple - higher the reliability coefficient, thebetter the test. Higher the validity, the better the test!But, in some cases, the most popular tests may nothave these coefficients need not be high as well.

Why and When should we measure?

• Organisational Restructuring : Psycho profilinghelps in understanding individual differences andalso in re aligning the workforce towards betterperformance

• Recruitment & Training: Psycho profiling alsohelps in identifying suitable talents for each positionbased on the required personality / behaviour/attitudes for each position

• Career Management: Career selection is one of themost important outcome of personality and otherpsychological assessment . Helps in eliminating careerprofiles which are not matching for the person.

• Marriage and Life partner selection: In the near future,we can envisage psychological matching gettingpreference over traditional matching methods likeastrology or other matrimonial matching. There arealready certain websites providing dating services andmatching services based on personality types .

• Self development : One of the most important uses ofpsychological assessments would be self awareness ,which is the first step towards personality development

Organizations worldwide are progressively usingpsychometric instruments to address behavioural changesfor recruitment & selection, leadership development,succession planning, high performance identification, teamallocations etc.

Dos & Don’ts

• Always use locally standardized tools. Many ofthe highly popular as well as costly psychological testsneed not standardized in the Indian context. Most of thetests are designed by American psychologists consideringthe American population and psyche. It needs to bemodified to suit the local culture and interpretation style ofeach test item. This involves further statistical analysisand an academic acceptance as well. Alternately, testsdeveloped by Indian author could be statistically validatedin the Indian context and could be a better option.

• Always get expert consultation. A minimum PostGraduation qualification in Psychology is a must to becomea Psycho profiling Expert. Psychometricians are still a rarebreed in India and they are experts who have designedtheir own tests or worked on standardization studies oftests previously validated in other cultures.

• Psycho profiling should be done with a purposeOutcome should be positive and help in decision makinglike recruitment, training or performance appraisal and notas a tool for reprimand or employee lay off.

• Psychometric instruments can’t be force fitted intoan organisation’s context. Market trends and individualscomfort in using certain instruments dominate the selectionof instruments today. The focus must be to evaluate whatis relevant to the organisation’s context as well as relevant



across levels. Hence, the purpose and behaviour that candrive the purpose within the organisation needs to beidentified before selecting an instrument. There is no onesize that fits all.

The future of Psychometrics in IndiaAs told in the beginning the coming decades will be

activities dwelling into human mind. The purposes could bemany – trying to understand how the human mind functionsto developing artificial intelligence or in the field of robotics,the science of assessment has immense possibilities. Justlike each space exploration gives new insights, each attemptto study human nature gives newer perspectives. InPersonal and Organisational context, the application ofpsychometric properties in designing newer assessmentmethods will yield objective and measurable results.

A survey conducted by Tata Strategic ManagementGroup suggested that adoption rate of psychometrics couldincrease to 87 percent by 2016 in the Indian organisations.

About 52 percent of organizations are currently usingpsychometric instruments, which facilitate objective peopledecisions and reduces subjectivity for all levels, it said.

Similarly, Skill development is being discussed withgreat zest by everyone these days. Thanks to the hugeimpetus that is being given by nationwide skill developmentinitiative like NSDC (National Skills Development

Corporation) or state level initiatives likethe KASE (Kerala Academy of SkillsExcellence) or the ASAP (Additional SkillsAcquisition Program). With great dreamsand large scale implementation methods,the mammoth challenge of skilldevelopment of the youth exists. But evengreater challenge is the right assessmentmethods for training and certification.India definitely needs more and more skilldevelopment and assessment experts. Asan HR professional, you too can becomean assessment specialist, by undergoinghigher qualifications in Psychology andPsychometrics and applying the immensepossibilities of the same in your workplace.

Courtesy: The Economic Times



Purposes / Services Authority

1 Appointment of Authorities Appropriate Government(Inspectors/Competent Authority etc.) (Pl. see Section14 and Rule 2(b) and 7)(Section 12,Rule 2(b), 7 etc.)

2 Extending the applicability of the Act to any State Governmentother establishment or class of establishments , (Authority specified under proviso toindustrial, commercial agricultural or otherwise Clause (b) of sub-section (1) of Section 2)(Other than the estts. specified in Section 2(1)(a) and (b))

3 Complaints under the Act and rules Assistant Labour OfficerNon receipt of Maternity Benefits (In respect of shops, Newspaper estts. etc.)(Complaint under Section 17 in Form H or I) Inspector of PlantationsClaims under the Act (in respect of plantations)

District Labour Officer (HQ)(In respect of Newspaper Estts.)(Inspectors – Authority specifiedunder Section 17(2) of the Act)

4 Notice of claim for maternity benefit Employer(Any woman employed in an establishment and (Authority specified under S. 6 and Rule 5)entitled to maternity benefit may give notice ofclaim in Form E)(See Section 6 and Rule 5)

5 Certificate of proof of pregnancy, delivery Medical Officer of a Govt. Hospital or a Dispensarymiscarriage, suffering from illness, arising out of or a Regd. Medical Practitionerpregnancy, premature birth of child, death of a (Authority prescribed under Rule 5)woman or a child etc.(In Form B/Form C) (Rule 4)

6 Appeal against the order/ decision of the Inspector Deputy Labour Commissioner(Appeal under Section 17) (Against the order of the Assistant Labour(Decision against denial of maternity benefit or Officers)medical bonus, or both, or discharge or dismissal of a Chief Inspector of Plantationswoman during pregnancy etc.) (Against the order of Inspector of Plantations)

6

KNOW YOUR AUTHORITIESUNDER VARIOUS ENACTMENTS

The Maternity Benefit Act, 1961 (Act 53 of 1961)



(In Form J- Within thirty days from the date on which Labour Commissioner in other casessuch decision is communicated to such person ) (Competent Authorities specified under Rule 9)(Pl. see sub- section (3) of S.17 and Rule 11)

7 Exemption of establishments or class of establishments Appropriate Governmentfrom the purview of the Act (Secretary, Labour and Skills Department)(If an establishment providing benefits which are (Authority specified under Section 26)not less favourable than those provided in the Act)(Section 26)

8 Appeal under Section 12 Deputy Labour Commissioner (Against denial of maternity benefit or medical bonus, Chief Inspector of Plantationsor both, or discharge or dismissal during pregnancy) (Competent Authorities specified under(In Form G – within sixty days from the date on which Rule 9)order of such deprivation or discharge or (Against the order/ decision of the employer)dismissal is communicated) (Also pl. see rule 2(b))(Clause (b) of sub- section (2) of Section 12)

9 Decision regarding any doubt as to the legal Competent Authorityrepresentatives of a deceased woman (Authority specified under rule 5(2))(Employer – Rule 5(2))

10 Competent persons for filing prosecution Aggrieved woman, An office bearer of a registered(Within one year from the date on which the offence Trade Union in which the woman is a memberis alleged to have been committed) A voluntary organisation regd. under the(Section 23) Societies Registration Act, 1860, Inspector

(Authorities specified under sub – section (1)of Section 23)

11 Submission of annual returns Competent AuthorityIn Form L regarding Employment , dismissal, (Chief Inspector of Plantations in the case ofpayment of bonus etc. of woman for the plantations and Deputy Labour Commissioneryear ending on 31st December in the case of shops and commercial(Sub- section ( 1) of Section 16) establishments)In Form M regarding details of payment made (Authority specified under Rule 16 read withby the year ending (On or before the 31st day Rule 2(b))of January in each year)(Section 20 read with Rule 16)

12 Competent Court of Jurisdiction for trying offences No Court inferior to that of a Metropolitan(Section 23) Magistrate of the First Class

(Authority specified under sub- section (2) ofSection 23)

13 Maintenance of registers and records EmployerMuster roll in Form A (Rule 3) (Authority specified under Section 20 andSupply of Forms B,C,D,E,G,H and I on free of cost Rules 3, 12, 15, 16 etc.)(Rule 12)Display of abstract of the Act in Form K (Rule 15)Annual return in Form L/M

(Section 20 read with Rule 3, 12, 15, 16 etc)

14 Making of Rules Appropriate Government(Section 28) (Authority specified under Section 28)

Courtesy: Law Relating to Kerala Shops and Commercial Establishments, N&N Publications, Thiruvananthapuram - 43



A letter published in a leading daily, narrating thepainful situation being faced by a woman teacher in anunaided school in the state was a heart-breaking incidentto an employed person and a shameful instance for thestate. Among other things it explained that themanagement as her remuneration paid Rs. 12000/- everymonth through bank and collected Rs. 6000/- back in cashfrom her subsequently within two-three days of her salary

payment. This is an instance of a common practiceadopted by the managements of many of the unaidedprivate schools and other establishments in the state. Itis a clear incident of manipulation to misguide theauthorities on the payment of remuneration to an employeein her work.

The remuneration is the basic right and a necessityof a person employed and thereby imposes the

In Tune with the TimesWage Protection System (WPS)

V. VeerakumarExecutive Director



responsibility on the individual who employs him to payremuneration to the employee. Further, the legal provisionenforceable in the situation also mandates the requirementof payment of wages to the employee. The failure of itinvite punishments including imprisonment to theemployer or the person responsible for the payment ofwages to his employees. When profit becomes theultimate goal in any business, naturally the personsresponsible for the payment of remuneration to anemployee try to cut short his expenses in every itemincluding the provision for the payment of wages. Certainothers keep registers with false entries regarding the wagespaid and thereby circumvent the statutory obligationsregarding payment of eligible wages to the employees.Dueto the fear of termination employees are forced to signthese registers which give a different picture of theincident.The cooked up registers are being kept ready forinspection of the authorities. In these circumstances theauthorities also cannot do anything effectively.

The monetary compensation is ordinarily the primemotivational factor in the case of an employee in hisemployment. This is the reason why such importance hasbeen given to compensation, one of the managementfunctions. It stands apart among the managementfunctions like procurement, development, integration,maintenance, separation etc. However, while consideringthe profit many of the employers take a different approachin the payment of wages to their employees. Thispersuaded the Labour Department to find out a feasiblesolution to tackle the situation in tune with the times andthereby regulate the payment of wages to the employeesin the state. The fixing of minimum wages to the employeesis the primary step in this direction but the mere fixing ofwages is not enough to curtailing the practices followedby the managements. In this context the significance ofthe newly taken up initiative, the Wage Protection System(WPS) in the state stands apart. As in many other areas,Kerala became the first state in the country thatsuccessfully launched the state of the art initiative theWPS.

The Wage Protection System (WPS) is an electronicwages / salary transfer system which allows industrial /commercial establishments to disburse wages via banksand other financial institutions through speciallydeveloped software.

The countries like Qatar and UAE have alreadyimplemented this system successfully. The United Arab

Emirates has made significant efforts towards ensuringthe rights of workers through the implementation of theWage Protection System (WPS). It ensures the paymentof wages of employees is properly regulated. The personsresponsible for the payment of wages have to effect thepayment of wages by direct electronic transfer in localbank accounts or through other approved financialinstitutions authorised to provide the service. The WPScovers all institutions registered with the Ministry ofLabour across all sectors and industries in the UAE andcompliance with the system is mandatory. Howevergovernment entities are exempted and it is not applicablein selected or notified areas. The employers must submitemployee salaries via the WPS in advance. The failure totransfer payments on time will lead to the suspension ofwork permits until wage payments are made in full.Repeated violations will lead to suspension of workpermits for a month or more.

In India a similar initiative was attempted by the Statesof Maharashtra and Haryana but it was not taken up inHaryana and went to a considerable extent in the formercase. This initiative was named ‘Mahashram’ but droppedin the midst of the process of implementation due totechnical reasons. Though ILO has helped in theimplementation of the projects, these States could notbring it to a success level.

Now, the Government of Kerala have taken up WPSas a flagship programme for ensuring the payment ofminimum wages to the employees in certain employments



or establishments through specially developed software.As a pilot step it is now made operational only to selectedestablishments or employments in the district ofThiruvananthapuram. This prestigious project of theLabour and Skills Department was inaugurated by OommenChandy, Chief Minister of Kerala in the presence ofShibu Baby John , Minister for Labour and Skills andother dignitaries. It is understood that hundreds ofemployers have assured their willingness to join handswith the Department in its effort to ensure the payment ofminimum wages to the employees in the state. Officialdata of the labour department shows that more than thirtythousand employees are brought under the scheme.

In the initial stages of the proposal there was someconfusion about the amendments to be made in the existinglabour legislations like Minimum Wages Act, Payment ofWages Act etc. that delayed the launching of the scheme.But it was sorted out and necessary amendments havebeen made in the Kerala Minimum Wages Rules, 1958. Inthe explanatory note the notification, prescribing theamendments to the Kerala Minimum Wages Rulesreads”Government have decided to implement “e-payment of wages” scheme which aims at providingwages to employees working in small scale banks,textile shops, jewelleries, private hospitals, IT sector, SelfFinancing Educational Institutions , construction sectoretc. through banks by which Labour Department officialscan effectively monitor the salary payments to theemployees periodically as and when required and takepunitive measures for non-payment of minimum wagesagainst the defaulters.”

The WPS is defined in the rules as “an InformationTechnology enabled system provided in the LabourCommissionerate to ensure payment of minimum wagesto all or any class of employees employed in any scheduledemployment as specified in the Appendix.” The scheduledemployments appended to the rules are

Employment in shops and establishmentsEmployment in private hospitals, dispensaries,pharmacies, clinical labs, scanning centres, X-rayunits and other allied institutionsEmployment in star hotelsEmployment in security servicesEmployment in computer softwareEmployment in private educational institutions ( Non-teaching)

The amended rules also contain certain directives tobe complied by the employers of the scheduledemployments. It inter alia says they have to

Submit electronically or upload an IT enabledRegister of Employment and Wages in Form XIVthrough Labour Commissionerate AutomationSystem.Pay and disburse the wages to the employees onlythrough individual bank accounts.Maintain the Register of Employment in Form XIV. Employer or any person authorised by him in thisbehalf authenticate it prior to the submission or theuploading of the same through the Wage ProtectionSystem.Ensure that the bank account numbers of theemployees are entered in Form XIV for effectingpayment of wages through banks.Submit or upload the Register of Employment andWages in Form XIV three days prior to crediting ofwages in the individual bank accounts of theemployees.Issue electronically generated wage slip to all hisemployees through WPS atleast a day prior toeffecting payment of wages.



The Register of Employmentand Wages in Form XIV and wageslip generated through WPS will beconsidered as records authenticatedby the employer, for the purpose ofthe Minimum Wages Act and Rules.The inspector authorised by theLabour Commissioner willelectronically authenticate Form XIV

submitted or uploaded through the Wage Protection System. Thisshould be maintained as duly signed hard copies by the employeror to be maintained as such in an electronic media and a print out ofthe Form XIV, duly signed by the employer should be made availableto the inspector on demand.

The employers so complied with the above directions will beexempted from maintaining Register of Fines in Form I, Register ofDeduction for Damage or Loss Caused to the Employer in Form II,Overtime Register of Workers in Form V and Register of Wages inForm XI.

While preparing the registers and records for the purpose ofthe WPS no employer shall make, cause or allow in any record,register, notice or form in written or in electronic format prescribed,an entry which is false to his knowledge in any material particulars,or not shall wilfully omit, cause or allow to be omitted from any suchrecord, register, notice or form , any entry required to be made therein.

The establishment of the Kerala Academy of Skills Excellence(KASE), initiatives of Niyukthi, Nypunyam International Summit,Job fiesta, online registration of establishments in the LabourDepartment, development of Industrial Training Institutes to World

Class Institutions, establishment of Medical College under the ESI Department,theWPS is a significant achievement of the Labour and Skills Department ofGovernment of Kerala.

But the objection raised by the opposition in the floor of the assemblyand the strong resistance raised by some of the organisations of employersespecially the employers of the IT/ ITeS industries are serious concern in theimplementation of the project. Also the present server capacity is not sufficientto host the massive data relating to the establishments covered under the

scheme. Lack of properawareness about the projectamong the stakeholders, non-cooperation of some of the tradeunions , lack of training to theemployers, officers etc. are otherimportant apprehensions aboutthe successful implementationof the initiative. Far and abovein the fag end of the governmentwhether it can push the projectin spite of these constrains isanother worry to the employeeswho are the ultimatebeneficiaries of the project.



NAME OF THE BOOKS / AUTHOR/ PUBLICATION1 Law of Contempt of Court , Kapoor Justice J.D (3rd Edition), Universal Publications2 Human Values and Human Rights, Justice Dharmadhikar , Edition 2010 (Reprint 2014) , Universal Publications3 Interpretation of Statutes, Kafaltiya . Dr. A.B, Edition 2008 (Reprint 2014) , Universal Publications4 Public Interest Litigation with Model PIL Formats, Wadehra Dr. B.L. 4th Edition 2014 , Universal Publications5 Juvenile Justice System ( Along with Juvenile justice ( Care & Protection of Children) Act, 2000 & Rules), Hansaria

Vijay , 2nd Edition 2012 (Reprint 2014) , Universal Publications6 V.R. Krishna Iyer, A Living Legend, Krishnaswamy.P, Edition 2015, Universal Publications7 Criminal Major Acts ( With Exclusive Case Law), Lekshmanan Justice A.R, 2nd Edition 2014 , Universal Publications8 Lectures on the Indian Evidence Act, Bhat Justice U.L, Edition 20159 Introduction to the Principles of Morals and Legislation, Beuthans, Edition 201410 Golden Legal Maxims with Glittering Illustrations and Quotations from Indian and Foreign Judgements,

Statutory Interpretations in Latin, Roman, English and Indian Phraseology, Aiyar S. Krishnamurthi, 3rd Edition , 2014

11 LLJ’s Labour Law Digest 2014-15 (Oct 14 to Sep 15), Edition 2016 (HB)12 LLJ’s Labour Law Digest 2013 , Edition 2013, (HB) 13 LLJ’s Labour Law Digest 2013-14 , Edition 2015, (HB) 14 Commentary on the Employees Compensation Act, 1923, R.N. Choudhry, 4th Edition, 2015 Reprint , Orient Publishing

Company15 Law Relating to LOK ADALATS ( Legal Services Act, 1987 with Rules), R.N. Choudhry, 4th Edition, 2015 Reprint ,

Oerient Publishing Company16 Consumer Protection Act & Rules, O.P.Rai, 2nd Edition , Reprint 201517 On Service & Labour Laws, Lakshmanan Justice. A.R , Latest Edition

New Additions to the Library2015-2016



18 Legislative Drafting (Principles & Techniques) 3rd Edition. 2011 (Reprint) (2013), Atre.B.R., Universal LawPublishing Co.Pvt.Ltd, New Delhi

19 Obligations of Employers Under Labour Laws, 7th Edition. Kumar H.L20 Employers Rights under Labour Laws, 5th Edn.21 Labour Problems and Remedies (A Ready Referencer to handle day-to-day Labour Problems based on decided cases),

12th Edition.22 Law Relating to Disciplinary Proceedings in Industries, 9th Edition.

BARE ACTS

23 The Constitution of India , 201524 The Code of Criminal Procedure , 197325 The Indian Contract Act, 187226 The Indian Penal Code 186027 Administrative Tribunal Act, 1985 along with CAT (Procedure) Rules, 1987,

CAT Rules of Practice, 1993 and Contempt of Courts CAT) Rules, 199228 Arbitration and Conciliation Act, 1996 along with Scheme, 199629 Bonded Labour System Abolition) Act, 1976 along with rules 197630 Commission for Protection of Child Rights Act, 2005 along with Rules31 Employees Provident Funds and Miscellaneous Provisions Act, 1952 with

rules and Schemes 32 Employees State Insurance Act, 1948 along with Rules and Regulations 33 Foreign Exchange Regulation Act, 1973 along with rules , 1974 34 Fatal Accidents Act, 1855 35 Evidence Act, 1872 36 Lokpal and Lokayuktas Act, 2013 37 Official Languages Act, 196338 Partnership Act, 1932 39 Prevention of Corruption Act, 198840 Probation of Offenders Act, 1958 41 Protection of Civil Rights Act, 1955 along with Rules, 1977 42 Women Laws 43 Sexual Harassment of Women at Workplace (Prevention, Prohibition and

Redressal) Act, 2013 44 Sick Industrial Companies (Special Provisions) Act, 1985 along with BIFR and

other allied Rules 45 Protection of Human Rights Act, 1993 along with Regulations and Rules 46 Public Servants (Inquiries) Act, 1850 47 Protection of Women from Domestic Violence Act, 2005 along with Rules,

2006 48 Right to Information Act, 2005 along with allied Rules and Regulations49 Right to Children to Free and Compulsory Education Act, 2009 50 Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities ) Act,

1989 along with rules 51 Unorganised Workers Social Security Act, 2008 along with Rules, 200952 Sales Promotion Employees (Conditions of Service) Act, 1976 along with

Rules, 1976



The Kerala Institute of Labour and Employment(KILE) started functioning on 28th February 1978 as aSociety registered under the Travancore Cochin Literaryand Scientific Societies Registration Act, 1955 underLabour Department. The idea of it was conceived andimplemented by Oommen Chandy who was then Labour

Minister. The 37th anniversary of KILE was celebrated on20.01.2016 and 21.01.2016 at Kerala State JawaharBalabhavan, Thiruvananthapuram with various programmesincluding literary and cultural competitions of the childrenof the members of the welfare fund boards and Officers ofthe Departments, Seminar, Photo exhibition, trade fare etc.

37th Anniversary Celebrations

Venue: Kerala State Jawahar Balabhavan, Thiruvananthapuram

Ramesh Chennithala , Minister for Home and Vigilance inaugurating the 37th Anniversary Celebrations of KILE .

37th

AnniverseryCelebrations



The Anniversary celebrations were inaugurated byMinister for Home and Vigilance Ramesh Chennithala on20.01.2016 in a remarkable function chaired by Philip Joseph,Chairman, KILE. Anathalavattom Anandan, State President,CITU, R. Chandrasekharan, State President, INTUC, ThomasJoseph, State General Secretary, UTUC, P. Vijayamma, StateVice President, AITUC, G. Maheen Aboobaker, State Vice

President, STU, Adv. Murali Madanthacode and SalimG Modayil, Executive Council Members, KILE havedelivered the felicitation speeches. V. Veerakumar,Executive Director, KILE and T.S. Jayalal, Senior Fellowhave delivered the welcome address and vote ofthanks respectively.

Philip Joseph, Chairman KILE. Adv.Murali Madanthacode and Salim GModayil, Executive Council membersKILE have felicitated the meeting.V.Veerakumar , Executive Director ,

The closing ceremony of the37th Anniversary Celebrations wasinaugurated by Shibu Baby John ,Minister for Labour and Skills in amemorable function presided by

37th


Ramesh Chennithala, Minister for Home and Vigilance delivering the inaugural address.

Shibu Baby John, Minister for Labour and Skills inaugurating the closing ceremony of the 37th AnniverseryCelebrations.

KILE and K. Dileepkumar, Fellow(Labour) have delivered the welcomeaddress and vote of thanksrespectively.



Felicitation addresses

Anathalavattom Anandan, State President , CITU,

R. Chandrasekharan,State President , INTUC

Thomas Joseph,General Secretary, UTUC,

P. Vijayamma,State Vice President, AITUC

G. Maheen Aboobaker,State Vice President,

STU

Adv. Murali Madanthacode,Member,

Executive Council, KILE

Salim G Modayil,Member,

Executive Council, KILE

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C.K. Rajan,Chairman, Kerala Abkari

Workers Welfare Fund Board



Ramesh Chennithala , Minister for Home and Vigilance releasing the KILE NEWS Anniversary Edition by giving acopy to G. Maheen Aboobaker, State Vice President, STU.

Ramesh Chennithala , Minister for Home and Vigilance releasing the Handbook on the Kerala Headload Workers Act,1978 by giving a copy to Adv. Murali Madanthacode, Member, Executive Council, KILE .

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Ramesh Chennithala , Minister for Home and Vigilance inaugurating the renovated KILE Website. Adv. MuraliMadanthacode, K.Dileepkumar, G.Maheen Aboobaker, Philip Joseph, Thomas Joeph, Salim G Modayil,

S. Thulaseedharan, V.D. Joseph, T.S. Jayalal, P.Vijayamma are also seen.

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KILE 37th Anniversary Celebrations - Entrance to the Venue



KILE organised a photo exhibition portraying various stages of its development including the AdministrativeCommittees and its Chairmen, Executive Directors, important programmes conducted etc. The separate session set upon the veteran trade union leaders of various political parties was a different experience to all especially to the membersof the trade unions. For them, it was really a tribute to the contributions, their leaders have made in the trade unionhistory of the country. The display of the photos of the leaders of the trade unions affiliated to different politicalparties in a single venue was a rare instance in the political history of the state.

The Photo exhibition was inaugurated by the Minister for Home and Vigilance Ramesh Chennithala on 20.01.2016.Representatives of various trade unions were also present in the occasion.

PHOTO EXHIBITION

Minister for Home and Vigilance Ramesh Chennithala inaugurating the photo exhibition organised as part of the KILE’s37th Anniversary Celebrations. Philip Joseph, Chairman, KILE, V.D. Joseph, Chairman, Kerala Bamboo Workers WelfareFund Board, Salim G Modayil, Member , Executive Council, KILE and G. Maheen Aboobaker, State Vice President , STUare also seen.

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Minister for Labour and Skills Shibu Baby John viewing the photo exhibition organised as part of the 37th

Anniversary Celebrations of KILE. Philip Joseph, Chairman, KILE, V. Veerakumar , Executive Director, KILE, Salim GModayil, Member Executive Council, KILE are also seen.

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An Assesment



Trade FareThe Trade fare organised as part of the anniversary celebrations was very attractive and informative. Labour

Commissionerate, Employment and Training Department, National Transportation Planning and Research Centre(NATPAC), Aids Control Society, Hanveev, Bamboo Workers Welfare Fund Board, Artisans and Skilled Workers WelfareBoard etc. have participated and set up their pavilions.

From these pavilions information regarding Wage Protection System, Online registration of establishments, socialsecurity schemes of the Labour Department , Self- employment schemes of the Employment Department, functioning ofemployability centres, conduct of job fare, safety guidelines for driving , aids control measures etc. were provided tothe public.

The demonstration of the manufacture of bamboo products, clay utensils, handicrafts and their sales were alsoavailable in the pavilions. The manufacture of bamboo products, clay utensils were a rare experience to the children.

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CompetitionsLiterary and cultural

competitions were conducted for thechildren of the members of thewelfare fund Boards and officers ofthe Departments and agencies.More than thirty persons haveparticipated in the competitions.

The winners were given cashawards, trophies and gifts. Theawards were distributed by Ministerfor Labour and Skills Shibu BabyJohn.

SANDEEPA SANTHOSHEssay Writing - Ist PrizeSpeech - Ist PrizeRecitation - IInd Prize

(Daughter of SanthoshKumar, Member,

Kerala Handloom WorkersWelfare Fund Board)

NEERAJA UNNIRecitation - Ist PrizeEssay Writing- IInd Prize

(Daughter of Uma S.,Member , Kerala Handloom

Workers Welfare FundBoard)

EID ABDUL VAHABPencil Drawing - Ist Prize

(Son of Shyla Beegom,Member, Kerala Artisans

and Skilled WorkersWelfare Fund Board )

ABHIJITH VIJAYANPencil Drawing - IInd Prize

(Son of Vijayan,Member, Kerala Headload

Workers Welfare FundBoard)

HONEYMON.WRecitation - Ist Prize

Computer Programmer,Kerala Building and Other

Construction WorkersWelfare Board

JOLLY CHACKORecitation - IInd Prize

Junior Superintendent,Kerala Headload Workers

Welfare Board

K. JAYAKUMARRecitation – III rd PrizeOffice Attendant- H.G

Factories & BoilersDepartment

37th




Seminar on Wage and Productivity

As part of the 37th Anniversary celebrations a seminar on ‘Wage and Productivity’ was organised on 21.01.2016at Kerala State Jawahar Balabhavan, Thiruvananthapuram. It was inaugurated by Philip Joseph, Chairman, KILE in ameeting presided by K. Jayakumar, State Committee member, U.T.U.C. V. Veerakumar, Executive Director, KILE and T.S.Jayalal, Senior Fellow delivered the welcome address and vote of thanks respectively. Members of the ExecutiveCouncil, KILE and representatives of various trade unions have felicitated the programme.

Dr. J. Rajan, Professor & Director, IMK, Dean, Faculty of Management Studies, Head and Dean, Institute of Management,Kerala University and Dr. Angelo Mathew, Assistant Professor, Department of Personnel Management, Loyola College ofSocial Sciences have presented papers on the subject.

Dr. J. Rajan Dr. Angelo Mathew

37th




A cross section of the competitions

37th




A cross section of the audience

A cross section of the various moments

37th




PUBLICATIONSPublications are one of the major activities of KILE. Some of

the earlier publications were well appreciated by the stakeholdersand still demands are coming in for the few earlier publications.Itpersuaded the institute to think of its revised editions. Thepublication of the selected research studies are also in the agendaof the institute.

The KILE NEWS, a quarterly publication is a well-designed,informative magazine which has already gained a place in theacademic as well as the legal community. Some of the regular columnsin the publication are well appreciated by the readers. The scholarlyarticles from the experts from various fields are an asset to the readers.Due to continuous demand from the trade unions and workers theinstitute is in the process of publishing it in Malayalam also withmore information sought by them.

Two Anniversary issues of the KILE NEWS were published inMalayalam with a view to provide more information tothe public regarding the institute from its inception tothe current status. The first issue was released at thetime of anniversary celebrations by Ramesh Chennithala,Minister for Home and Vigilance by handing over a copyto G. Maheen Aboobaker, State Vice President, STU. Itcontained a panoramic view of the variety of programmesand activities undertaken by the institute during the lastone year.



The second issue of the Anniversary editionof the KILE NEWS was also well accepted by thestakeholders and public in general. It was a self-contained publication carried the entire detailsregarding the 37th Anniversary celebrations.

The other publications issued during this year are thehand books on the Social Security Schemes implemented bythe Labour and Skills Department, the Kerala Headload WorkersAct, 1978 and a handbook on the Provident Fund Acts andSchemes.

Among the hundreds of social security schemesimplemented in the State, majority of them are the social securityschemes envisaged for the workers. Hence all these areimplemented through the Labour and Skills department.However only the schemes implemented through the welfarefund boards are very popular and the public are aware aboutthese schemes implemented for the workers in differentemployment sectors. The other schemes which are also equallyimportant but directly implemented through the Labour andEmployment departments are yet to get that much popularityas that of the schemes implemented through the welfare fundboards. So with a view to popularize the schemes implementedthrough the Departments and thereby extend the benefits tomore persons KILE has published this handbook.

The KILE is highly indebted to ourreaders and well wishers for theirwholehearted support to ourpublications and activities in general.




“The History of Trade Union Movement inKerala”(2006), by Dr. K.Ramachandran Nair, EminentEconomist and former member, Kerala State PlanningBoard published by KILE in association with MANAK Pub-lications (Pvt.) Ltd. (Bound Dummy ¼ size, 611 pages ,Rs.2000/- ) was a very informative and state of the art publi-cation. The book among other things contain the infor-mation regarding

Formation of Travancore State CongressFounding of the Communist Party in KeralaPreparation for the working class struggleAssessment of PunnapraVayalar RevoltAgitation against E.M.S. MinistryUnique features of TU Movement in 1960sTrade Union Movement in Kollam/Cochin/Malabar/ThiruvananthapuramTrade Union movement in plantationsPolitics and independence in TUs etc.

Considering the importance of the book KILE sup-plied it free of cost to the important libraries, Central TradeUnions and the Members of the Executive Council, KILE.

SuppliedFree of Cost

I call myself a labourer becauseI take pride in calling myself a spinner,

weaver, farmer and scavenger.

M.K. Gandhi



Juris ConsultusThis is a special column through which the answers to the questions

on law relating to labour legislations implemented in the State receivedfrom the readers if any will be published along with other matters on

labour and employment. This include new enactments, rules,schemes, latest case law from Supreme Court and High Courts,

notifications, amendments to the existing Acts, rules etc.

Readers may either send the questions to

[email protected] or Executive Director,Kerala Institute of Labour and Employment (KILE),Thozhil Bhavan, Thiruvananthapuram - 695033

The column is handled by V. Veerakumar, Executive Director, KILE

1. Whether Contract Labour Advisory Board hasauthority to prohibit contract labour in an industrialestablishment. If so what is the procedure to be followedfor the prohibition of contract labour in any employment?

This reply is for the clarification sought byRameshKakkad, Kannur.

No. The Central and State Advisory Contract LabourBoards are statutory bodies constituted under Section 3and 4 respectively of the Contract Labour (Regulationand Abolition) Act, 1970 to advise the Central or Stategovernment as the case may be on such matters arisingout of the administration of the Contract Labour Act andto carry out other functions assigned to it under the Act.

The appropriate government is the authority toprohibit employment of contract labour in any process ,operation or other work in any establishment . [Pleasesee Section 10 of the Contract Labour (Regulation andAbolition) Act, 1970]. If you are so particular about theprohibition of any contract work you may write to the

appropriate government (Additional Chief Secretary,Labour & Skills Department, Kerala in the StateGovernment) with all details regarding the conditions ofwork and benefits provided to contract labour in theconcerned work or process or operation in theestablishment. The appropriate government may afterconsultation with the respective Advisory Contract LabourBoard will decide the matter whether it should beprohibited or not as demanded.

Since it is mandatory that prior to the prohibition ofcontract labour government should make necessaryenquiry with regard to the conditions of work, benefitsprovided for the contract labour and other relevantfactors such as

(i) Whether the process, operation or other workis incidental to or necessary for the industry, trade,business, manufacture or occupation that is carried on inthat establishment;




(ii) Whether it is of perennial nature , that is to say,it is of sufficient duration having regard to the nature ofindustry , trade business, manufacture or occupation thatis carried on in that establishment;

(iii) Whether it is done ordinarily through regularworkmen in that establishment or an establishmentsimilar thereto;

(iv) Whether it is sufficient to employ considerablenumber of whole-time workmen etc.

If you include these details also in the representation,it would be easy for government to take an appropriatedecision on the matter. If the decision of the governmentis not acceptable, you can challenge the matter in theHigh Court by way of a writ petition. For more details onthis matter you can also contact the local office of theLabour Department.

2. Workmen has worked for 240 days without break.Retrenchment without notice, without compensation andwithout following last come first go rule -ab initio void.

If a workmen worked continuously for 240 days inan establishment is retrenched without notice andpaying compensation and without following last comefirst go rule as per the provisions of the IndustrialDisputes Act, 1947 it is ab into void and workmen entitledto be reinstated with full back wages.

The division bench of the Hon’ble Supreme Courthas held in Jasmer Singh v. State of Haryana and another(2015 LAB.I.C. 4217 (SC)) that workmen worked for 240days without break was retrenched without notice andwithout paying compensation. The interference withfinding of fact recorded by Labour Court and setting asideof award by High Court was improper. The Court alsoheld that workmen retrenched without notice, withoutcompensation and without following last come first gorule is ab initio void and workmen entitled to be reinstatedwith full back wages.

3. Cess under the Building and Other ConstructionWorkers Welfare Cess Act, 1996 can be collected priorto the period of the establishment of the Building andOther Construction WorkersWelfare Board.

The demand for Cess under the Building and OtherConstruction Workers Welfare Cess Act, 1996 for theperiod prior to the constitution of the Building andOther Construction Workers Welfare Board was

challenged in the High Court througha writ petition andwas dismissed by the Division Bench of the High Court.Aggrieved by the decision appellant preferred appeal inthe Supreme Court (Prabhakara Reddy & Co v. State ofMadhya Pradesh & Ors, The GIC Employees’ Union(NZ) and Ors. (2015 LLR 1233) (SC)) inter alia on theground that Assistant Labour Commissioner hadcommunicated that Cess is to be paid prior to the date ofcommencement of the Board. The Division bench of theSupreme Court held that Cess is for service and not tax.Its calculation, as per settled law, is not to be strictly inaccordance with quid pro quo rule and does not requireany mathematical exactitude. The provisions of law andthe Rules warrant that the lawfully impossable Cessshould be imposed, collected and put in the statutorywelfare fund without delay so that the benefits may flowto the eligible workers at the earliest. Cess Act doesnot warrant that unless the workers are already registeredor the welfare fund is duly credited or the welfaremeasures are made available, no Cess can be levied.Service to the workers is not required to be a conditionprecedent for the levy of the Cess. Rendering of welfareservices can reasonably be undertaken only after theCess is levied, collected and credited to the welfarefund . Such beneficial measures for the welfare ofworkers are applicable even to the construction activitywhich may have commenced before coming into forceof the Act. Consequently appeals were dismissed.

4. Sir, let me know whether Section 4A of the Payment ofGratuity Act has been made applicable in the State. If soplease send me the details regarding the date from whichit is made applicable in the State.

Mohammed Ibrahim , Thrissur

Reply: Section 4A, Compulsory Insurance by theemployers of establishments for meeting the liability forpayment of gratuity to their employees under the Paymentof Gratuity Act was incorporated vide amendment Act 22of 1987. But no notification had been issued by theappropriate government (State of Kerala) till 2013 formaking it applicable in the state. However, videNotification No. G.O (P) No.111/2013/LBR dt.Thiruvananthapuram 13.09.2013 as S.R.O No. 755/2013published in the K.G (Ext.) No. 2730 Vol. II dated, 19th

September, 2013 issued the required notification underthe Section and made it applicable in the State. Therelevant notification is included in the journal section ofthis column.



5. Sir, Whether any services of the LabourDepartment have been notified under the Kerala Right toService Act and if so please let me know the services, theDesignated officers and Appellate authorities for thepurpose of the Act.

Kurien Joseph, Infopark , Kochi,

Reply: Under Section 3 and 6 of the Kerala Right toService Act, 2012 Labour Commissioner has alreadyspecified 12 services, designated officers and appellateauthorities for the purpose of the Act. The relevantnotification issued by Government for the purpose of theAct is included in the journal section of this column.

JOURNAL SECTIONGOVERNMENT OF KERALA

Labour and Rehabilitation (D) Department

NOTIFICATION

G.O (P) No.111/2013/LBR Dated, Thiruvananthapuram 13th September, 2013

S.R.O No. - 755/2013. In exercise of the powers conferred by Section 4A of the Payment of Gratuity Act,1972(Central Act 39 of 1972), the Government of Kerala hereby notify that Section 4A of the said Act shall come into force onthe date of publication of this notification in the Gazette.

By order of the Governor

DR. NIVEDITA P. HARAN

Additional Chief Secretary to Government

Explanatory Note

(This does not form part of the notification, but intended to indicate its general purport.)

As per Section 4A of the Payment of Gratuity Act, 1972 (Central Act 39 of 1972), Government shall notify a datewith effect from which the provisions of Section 4A shall come into force. Therefore Government have decided to notifythe date of publication of this notification as the date from which the said section shall come into force.

This notification is intended to achieve the above purpose.

[Published in Kerala Gazette (Ext.) No. 2730 Vol. II dated, 19th September, 2013]


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mmiss

ioner

from

the Pr

incipa

l Emp

loyer

whole

State

)

(Sd/

-)

Thiru

vana

ntha

pura

m.

Labo

ur C

omm

issio

ner

Expl

anat

ory

Not

e

(Thi

s doe

s not

form

par

t of t

he n

otifi

catio

n, b

ut is

inte

nded

to in

dica

te it

s gen

eral

pur

port)

Gov

ernm

ent h

ave

dec

ided

to a

ppoi

nt d

esig

nate

d of

ficer

s, ap

pella

te a

utho

ritie

s an

d to

not

ify s

ervi

ces,

app

licab

le a

nd p

resc

ribe

item

s of

docu

men

ts t

o be

atta

ched

with

appl

icat

ion

for d

iffer

ent s

ervi

ces,

tim

e lim

it to

be

adhe

red

to b

y of

ficer

s of

Lab

our D

epar

tmen

t un

der t

he R

ight

toSe

rvic

es A

ct, 2

012.

This

not

ifica

tion

is in

tend

ed to

ach

ieve

the

abov

e ob

ject

.

[Pub

lishe

d in

K.G

. Vol

.2 N

o. 3

5 dt

. 27th

Aug

ust,

2013

.]



Numbers of Strikes, Lockouts, Layoffs and Mandays lostJuly to September 2015

Pending Arose Total Mandays LostStrikes 2 4 6 27261Lockouts 8 0 8 76514Layoffs 5 1 6 12134Total 15 5 20 115909

Number of Industrial disputes arose, handled and settledApril – September 2015

Month Number of Industrial disputesPending Arose Handled Settled Pending atat the the end ofbeginning of the monththe month

April 3124 182 3306 181 3125May 3125 170 3295 182 3113June 3113 203 3316 139 3177July 3177 171 3348 142 3206August 3206 160 3366 119 3247September 3247 186 3433 126 3307

Source: Labour Department


Total 18992 1072 20064 889 19175



Number of Disputes handledApril – September , 2015

Month Number of Industrial disputes settled/handledVoluntarynegotiation Conciliation Withdrawal Referred Referred Higher level

for for interventionarbitration adjudication Total

April 82 55 36 0 8 0 181May 62 68 40 0 12 0 182June 45 53 19 1 16 5 139July 22 66 39 0 15 0 142August 31 60 23 0 3 2 119September 43 56 8 0 19 0 126Total 285 358 165 1 73 7 889

Details of Strikes, LockoutsJuly – September, 2015

Month Disputes Disputes Number of workers Number of workers Mandays lost Mandaysled to led to involved in affected due due to lost due tostrike lockout strike to lockout strike lockout

July 2 8 30 1142 750 28550August 2 8 30 1142 600 22840September 6 8 7267 1142 25911 25124Total 10 24 7327 3426 27261 76514

Details of strikes, lockouts Jan – June 2015

Month Disputes Disputes Number of workers Number of workers Mandays lost Mandaysled to led to involved in affected due due to lost due tostrike lockout strike to lockout strike lockout

January 3 8 2030 992 20690 25066

February 4 8 905 992 22160 25124

March 3 8 905 992 22625 28550

April 4 9 905 992 13725 26640

May 3 9 5730 1342 40620 29008

June 2 8 30 1142 750 28550

Total 19 50 10505 6452 101970 162938




Sl.No. Enactments No. of Inspections No. of Prosecutions No. of Convictions

1. Kerala Shops & Commercial Establishments Act 1960 13,577 358 274

2. Minimum Wages Act 1948 10,756 357 314

3. Kerala Industrial Establishments (N&F) Holidays Act 1958 1,586 11 9

4. Contract Labour (Regulation and Abolition) Act 1970 422 0 4

5. Maternity Benefit Act 1961 1,292 34 18

6. Child Labour (Prohibition & Regulation) Act 1986 1,020 0 0

7. Equal Remuneration Act 1976 61 0 0

8. Motor Transport Workers Act 1961 1,590 26 43

9. Kerala Casual, Temporary & Badli Workers (Wages) Act 1989 23 0 0

10. Beedi & Cigar Workers Act 1966 0 0 0

11. Inter State Migrant Workmen (Regulation of Employment &Conditions of Service) Act 1979 287 0 0

12. Labour Laws (Exemption from furnishing Returns andmaintaining Registers by certain Establishments) Act 1988 0 0 0

13. Payment of Wages Act 1936 167 3 0

14. Working Journalists & Other Newspaper Employees(Condition of Service and Miscellaneous Provisions Act) 1958 1 0 0

15. Kerala Motor Transport Workers Payment of (Fair Wages)Act 1971 3 1 0

16. Kerala Headload Workers Act 1978 101 0 0

17. Kerala Shops & Commercial EstablishmentsWorkers Welfare Fund Scheme 3,076 16 7

18. Others 77 0 0

TOTAL 34,039 806 669

Enforcement status of various labour enactments in the StateReport for the quarter ended on 31.03.2015




Vijay Wills,Junior Employment Officer,

National EmploymentService, Kerala has joined as

Fellow (Employment) ondeputation.

Kiran . J.Nhas been appointed as

Senior Fellow

APPOINTED JOINED

''In the end,it’s not theyears in yourlife that count.It’s the life inyour years''

Abraham LincolnPolitician



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indu

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kula

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(L)

7M

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.05.

2016

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ploy

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kers

/ Rep

rese

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mTh

iruva

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d M

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thap

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2 an

d Em

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Off

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f Lab

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88

09.0

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.05.

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.05.

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pla

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1023

.05.

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25.0

5.20

16 tr

ade

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1127

.05.

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Sem

inar

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mes

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emen

ted

Pres

iden

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ma

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lock

Pan

chay

ats


KILEKILEKILEKILEKILE NEWSNEWSNEWSNEWSNEWS12

JUNE

06.0

6.20

16O

rient

atio

n on

Lab

our R

ease

arch

Res

earc

hers

/ Cor

e Com

mitt

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iruva

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ello

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onda

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ILE

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.06.

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Rig

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pres

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lamFe

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day

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s14

13.0

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i. J.

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n M

emor

ial l

ectu

res

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kers

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ollam

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)M

onda

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ns/ e

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s / s

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ials

/ ac

cade

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1518

.06.

2016

Awar

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s pro

gram

me

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ploy

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icia

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iruva

nan

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ay1

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fe w

ork

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.06.

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Trai

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ders

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w (L

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onda

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1721

.06.

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18JU

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.07.

2016

Enha

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kills

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20.0

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ala

trad

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28.0

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w (E

)Th

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ay1

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23

AU

GU

ST04

.08.

2016

Lead

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omen

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.08.

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trade

uni

ons

Satu

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124

08.0

8.20

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p Sk

illW

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Fello

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2517

.08.

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ted

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ts o

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Wed

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ills D

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anch

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.08.

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Car

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naku

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/Th

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in s

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uden

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thap

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SEPT

05.0

9.20

162

Wor

ksho

p on

Ker

ala

Serv

ice

Rul

esO

ffic

ers o

f th

e La

bour

and

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EMBE

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Ker

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te S

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ules

Skill

s Dep

artm

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thap

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and

06.0

9.20

16Th

ursd

ay28

12.0

9.20

162

Trai

ning

Pro

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me o

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ssis

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Lab

our O

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Erna

kula

mFe

llow

(L)

Mon

day

and

Ces

s A

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rade

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and

Seni

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13.0

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day

2926

.09.

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Awar

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Safe

Empl

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Koz

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Mon

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3027

.09.

2016

Lead

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aini

ng fo

r Pla

ntat

ion

Wor

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of t

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Way

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31O

CTO

10.1

0.20

161

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es o

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ploy

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Thiru

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onda

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men

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Dep

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3218

.10.

2016

Trai

ning

on

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ders

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w (L

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Dev

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de u

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3319

.10.

2016

Car

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of 1

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ools

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3426

.10.

2016

Awar

enes

s pro

gram

me

onEm

ploy

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tract

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icia

lsM

alap

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Wed

nesd

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d Tr

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3527

.10.

2016

Awar

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s pro

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edic

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(L)

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nt w

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36NO

VE 08

.11.

2016

2Tr

aini

ng o

n Sk

ill D

evel

opm

ent

Offi

cers

of E

mpl

oym

ent

Erna

kula

mFe

llow

(E)

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dan

d Em

ploy

men

t Gen

erat

aion

Dep

artm

ent

09.1

1.20

16W

edne

sday

3710

.11.

2016

1C

aree

r gui

danc

e fo

r the

stu

dent

sst

uden

ts o

f 10,

+1

and

+2A

lapp

uzha

Fello

w (E

)Th

ursd

ayst

uden

ts38

14.1

1.20

16Le

ader

ship

trai

ning

for

the w

omen

Wom

en m

embe

rs o

f Tra

de U

nion

sK

otta

yam

Fello

w (L

)M

onda

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repr

esen

tativ

es o

f tra

deun

ions

3915

.11.

2016

Skill

Dev

elop

men

t Tra

inin

gO

ffice

rs o

f Em

ploy

men

tK

ozhi

kode

Fello

w (E

)Tu

esda

y to

for E

mpl

oyab

ility

Dep

artm

ent

16.1

1.20

16W

edne

sday

240

17.1

1.20

16Aw

aren

ess p

rogr

amm

e and

med

ical

Mig

rant

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kers

Koz

hiko

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Tues

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DECE

07.1

2.20

161

Car

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nce

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stud

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Thiru

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RW

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stud

ents

thap

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4219

.12.

2016

Smt.

Sush

eela

Gop

alan

Mem

oria

lTr

ade

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ons

Ala

ppuz

haFe

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(E)

Satu

rday

1le

ctur

es43

19.1

2.20

16Le

ader

ship

trai

ning

for

the

Mem

bers

of T

rade

Uni

ons

Ala

ppuz

haFe

llow

(L)

Satu

rday

1re

pres

enta

tives

of t

rade

uni

ons

4424

.12.

2016

Sri.

K. K

arun

akar

an M

emor

ial

Trad

e U

nion

sTh

iruva

nan

Fello

w (E

)Th

ursd

ay1

Lect

ure

serie

sth

apur

am45

24.1

2.20

16Le

ader

ship

trai

ning

for

the w

omen

Wom

en m

embe

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f tra

deTh

iruva

nan

Frid

ay1

repr

esen

tativ

es o

f tra

de u

nion

s u

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apur

amFe

llow

(L)

46JA

NU09

.01.

2017

Awar

enes

s pro

gram

me a

nd m

edic

alM

igra

nt w

orke

rsK

ozhi

kode

Fello

w (E

)AR

Y M

onda

y1

cam

p fo

r mig

rant

wor

kers

4710

.01.

2017

Sem

iar o

n la

bour

and

empl

oym

ent

Wor

kers

, em

ploy

ers a

nd o

ffice

rsTu

esda

y1

rela

tions

of E

mpl

oym

ent

and

Labo

urK

ozhi

kode

Fello

w (L

)D

epar

tmen

t48

26.0

1.20

17Aw

aren

ess p

rogr

amm

e and

med

ical

Mig

rant

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DO YOU

KNOW?ThroughHistory

Courtesy: Kerala Legislative Assembly Website

Aryadan Muhammed, the veteran Congress leader, was born on 15th May 1935 as the son ofUnneen and Kadiyamunni. Entering politics as a Congress member in 1952,Aryadan Muhammed,a member of KPCC since 1958, later served as Secretary, Calicut DCC, President, Malappuram DCCand as General Secretary, KPCC. An active member of INTUC in the fifties, he has been thePresident of various labour unions as well. He became elected to the Kerala Legislative Assemblyfor the first time in 1977. He got elected to the KLA again in 1980 through a bye-election held on28.5.1980. And since then, from 8th KLA to the 11th KLA he has been representing the sameNilambur Constituency as a Congress member. From 25.1.1980 to 16.10.1981, Aryadan was theMinister for Labour and Forests in the Ministry headed by E.K.Nayanar. Later, from 20.4.1995 to9.5.1996 he was the Minister for Labour and Tourism in the Ministry headed by A.K.Antony. In thepresent Ministry headed by Oommen Chandy he is holding the portfolio of Electricity.

During his long legislative career, he had also served as the Chairman of the Public AccountsCommittee from 1998 to 2001 and Chairman of Public Undertakings Committee from 2001 to 2004. Inaddition, he has held important positions in the State Marketing Federation as its President andwas the Director of NCDC and NAFED. During the 10th KLA. Aryadan had also a remarkable stintas the Secretary of the Congress Parliamentary Party. Mariam is his wife and they have two sonsand two daughters.


KILEKILEKILEKILEKILE NEWSNEWSNEWSNEWSNEWSLetters

The Executive Director,

Kerala Institute of Labour and Employment,

Thozhil Bhavan,

Thiruvananthapuram-695033

or

email to: [email protected]

All letters to the editor may be sent to

Dr.Ratheesh Rajan, Calicut University, Kozhikode

I had a glance to the KILE NEWS June 2015 issue in ourlibrary. I was impressed with the layout, design and content.I congratulate the Kerala Institute of Labour and Employmentfor publishing a journal, professionally on par with anysimilar magazine. This issue with special emphasis on thecontributions of former President of India was relevant tothe time. The articles of eminent persons in the field are ofgreat value to the students and researchers. The speech ofDr.Kalam was very appropriate at this time and certainly weshould inspire on his views .The attitude unveiled by him isthe real curse of our nation especially in the conduct of theKeralites. Hope the institute will try to improve its qualityfurther.

Anitha George, Head (Administration) AG Consultants in HR and Labour, Kochi

Let me first conveyour blessings on the 37th anniversaryof the Kerala Institute of Labour and Employment. It is heardthat as part of the 37thanniversary celebrations KILEorganised a seminar on ‘Wage and Productivity’. Wecongratulate KILE for having considered a subject relevantto the time but a subject conveniently ignored by the tradeunions in the country. Hope the recent incidents of Munnarwill atleast persuade the trade unions to have a feedbackon their attitude towards problems.

Abraham Mathew,Management Student,Ernakulam

I read it in the newspapers that the Hon’ble Ministerfor Labour in his inaugural address at the anniversarycelebrations of KILE has stated unless productivity isenhanced there will not be industrial development. It is acourageous statement and the need of the hour. It might bethe reason that he is an employer turned politician. We shouldbe proud of having a Labour Minister who was not scaredto express his opinion not withstanding that the trade unionshave a different opinion towards industrial productivity.

Dr.Saju Philip, Academic Consultant, Trivandrum

I understand that the Kerala Institute of Labourand Employment (KILE) is the only similarly placedorganisation functioning in the state to provide variousopportunities to acquaint with the situations pertainingto labour and employment to the tripartite constituentsof the industry. Even then, it is not properly consideredby the Department, Government or even the so calledbeneficiaries; partners in the tripartite relationship.Though the institute was started in seventies, there isno significant development in its growth. Thestakeholders should take up the matter with thegovernment and workout a feasible project for its totalrevamping and restructuring. This institute has animmense scope for developmentas the similar institutesin Tamilnadu, Maharashtra, Gujarat and the NationalLabour Institute in Noida. The only option for itsdevelopment is to consider an academician as itsExecutive Director instead of department officials whoare not acquainted with the administration of academicinstitutions. Otherwise the mere retaining of the instituteis a liability to the state’s exchequer.

Mohammed Illyas, Advocate Trainee, Kochi

I take this opportunity to congratulate KILEand its officials who are involved in the publication ofthe KILE NEWS for including the recent developmentsin labour laws and other connected laws in it. Theinformation regarding various authorities under labourlaws is rare information available to public easily. It isvery useful for the novices in law like me. I enjoyed thereading of it and would like to subscribe. One request isthat please allot more pages to the column jurisConsultus. The important notification on labour mattersincluded in this column is also rare information canavailable to us.

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KILENEWSNEWSNEWSNEWSNEWS

A reference journal Articles on divergent topics

Information on schemes, services, authorities Activities

Legal updates Data updates Special columns etc.etc.

A quarterly publication from KILE



QUARTERLY MAGAZINE BY

KERALA INSTITUTE OF LABOUR AND EMPLOYMENT (KILE)ISSN 2454-4817Vol. II Issue - 7July-September 2015for Private Circulation

Published byExecutive Director, Kerala Institute of Labour and Employment (KILE), Thozhil Bhavan, Vikas Bhavan P.O., Thiruvananthapuram- 695 033,

website : www.kile.kerala.gov.in, email : [email protected], Phone: 0471- 2309012, 2307742 Fax: 0471-2308947Printed at C-apt, Vattiyoorkkavu, Thiruvananthapuram- 13

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