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International Journal of Research and Development - A Management Review (IJRDMR)

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ISSN (Print): 2319–5479, Volume-3, Issue–2, 2014

14

Impact of health & safety provisions under Factories Act, 1948 for

protection of Labour rights in Real Estate Industry of Pune

Meera Singh

G.H Raisoni Institute of Engineering and Technology.

Pune- 411014,Maharashtra, India [email protected]

Abstract— There has been a constant struggle going on

between labour and capital. Capital has been exploiting the

labour to their own maximum benefit for they have better

economic footing and power to dictate their terms. The

industrial unrest and economic discontent led to a number

of strikes and labour troubles. In Pre- Independence era

the workers were generally illiterate, poor and unconscious

of their rights. Neither the government nor the Law Court

took notice to these labour problems arising in the country

as they believed in the policy of non-interference in

employer and employees relation. The situation, with lapse

of time, became so worse and the society was so much

adversely affected that the government was forced to take

some measures. In the post-independence period the

national government paid attention to the improvement in

conditions of labour health in industry as the prosperity of

the country lies upon the development of industrial growth.

There were two basic concept on which the labour

legislation were framed, first was that the wage earner is a

partner in the production hence should be allowed due

share of the profits in production. Secondly, individual

employer as well as community as a whole is under

obligation to protect the well-being of the workers.

Due to health & safety provisions of Factories Act, 1948,

the worker’s life is protected. If they were exposed to

serious accidents due to not properly screened machines

then they have right to compensation. Without a valid

reason the labours are not discharged, suspended or

dismissed. Due to health provisions of Factories Act, 1948,

labours have proper sanitation and healthy working

environment. Furthermore, children and women are not

assigned hazardous condition of work and it is an offence

to make them work at odd hours. During the 1980’s and

1990s”economic reforms” and shift in industrialization

strategy took place. But labour policy and laws are not

dovetailed with industrial and economic policies. There is a

perception that the existing laws give unions in the

organized sector virtually a veto power to block changes.

Further, that labour legislation paved the way for

multiplicity of unions, growth in inter and intra union

rivalry, exacerbation of industrial strife excessive

intervention by State in industrial relations. My research

basically focuses on Impact of health & safety provisions of

Factories Act, 1948 for protection of Labour Rights in real

estate Industry of Pune.

Keywords—Labour rights, Factories Act, Labour welfare

Policies, Labour protection, Health & safety of labours.

I. INTRODUCTION

Factories Act, 1948 is an act to consolidate and amend

the law regulating labour in factories. The main

objective of the Act is to ensure adequate safety

measures but also to promote health and welfare of the

workers employed in factories as well as to prevent

haphazard growth of factories [1]. A large number of

labour legislations have been enacted to promote the

condition of labour, keeping in view the development of

industry and national economy. But for industrial

regeneration it is necessary that the partners of industry

must cure their respective defects [6].

Since independence, a lot has been done by legislation

and public opinion to improve the conditions of workers

but unfortunately the employers have not responded

appreciably [2]. It is high time that employers must

realize that it is their duty as a citizen of a democratic

country to forego their acquisitive tendencies of the past

and set a new standardized future of country [5]. At the

same time it is the duty of the workers to realize their

responsibility in improving the work efficiency and help

in stepping up production resulting in greater profits,

and prosperity of the industry to be ultimately shared by

the managements, workers and community at large.

The employers should concede to the worker’s demand

of representation in the control of industrial system [3].

Workers are the dominant partners in the industrial

undertaking and without their cooperation and good

work, discipline, integrity and character; the industry

will not be able to produce effective results or profits [4].

However efficient the machine touch in the industry

may be, if the human element refuses to cooperate, the

industry is bound to fail in the long run [7]. Therefore,

the profits of the industry must be shared by employers,

workers and the community, the workers having a

dominant share, being the producers of wealth. There

should be proper implementation of health & safety

provisions under Factories Act, 1948 for protection of

Labour rights.

II. NEED/IMPORTANCE OF THE STUDY


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The importance of this research is to have an overview

of Health & safety provisions under Factories Act, 1948

for protection of Labour rights in real estate Industry of

Pune till now. Here, I have also discussed the

advantages and disadvantages of the Health & safety


Labour rights in real estate Industry of Pune. After the

research we will be able to:

(i) Understand the different Post-Independence Dynamic

Reforms in Indian Labour Law

(ii) Understand the role of Health & safety provisions

under Factories Act, 1948 for protection of Labour

rights in real estate Industry of Pune in the development

of industrial growth. Thus there were two basic concepts

on which the labour legislation was framed. The wage

earners are a partner in the production and hence have

his due share in the profit of productions. The

communities as a whole as well as individual employer

are under obligation to protect the well-being of workers.

(iii) Discuss the advantages of Health & safety


Labour rights in real estate Industry of Pune.

(iv) Discuss the difficulties in implementation of Health

& safety provisions under Factories Act, 1948 for

protection of Labour rights in real estate Industry of

Pune.

(v) Describe interrelationship between different

elements of health & safety provisions under Factories

Act, 1948 for protection of Labour rights in real estate

Industry of Pune.

(vi) Know the subject-matter of health & safety



(vii) Know the future scope of Health & safety



III. OBJECTIVES

The major objective of the paper is to examine

(i) To understand the Impact of health & safety


Labour rights in Real Estate Industry of Pune.

(ii) To discuss the advantages of Impact of health &

safety provisions under Factories Act, 1948 for

protection of Labour rights in Real Estate Industry of

Pune.

(iii) To discuss the Impact of health & safety provisions

under Factories Act, 1948 for protection of Labour

rights in Real Estate Industry of Pune.

(iv) To know the subject-matter of Impact of health &


protection of Labour rights in Real Estate Industry of

Pune.

IV. RESEARCH METHODOLOGY

The questionnaire method was used to collect the

information from 160 labours from different

construction sites of residential and commercial

complexes in Pune. A structured questionnaire was

administered to 160 labours in Pune. The data from male

and female respondents from different sites were

collected. There was a personal interaction with the

respondents to collect some important information.

V. COLLECTION OF DATA

The questionnaire method was used to collect the

information from 160 labours from different

construction sites of residential and commercial

complexes in Pune. A structured questionnaire was

administered to 160 labours in Pune. The data from male

and female respondents from different sites were

collected. There was a personal interaction with the

respondents to collect some important information.

A. DATA INTERPRETATION BY LABOUR

SURVEY

TABLE I

LABOURS VIEW ABOUT THE CONSTRUCTION COMPANIES

HEALTH & SAFETY PROVISIONS AS PER FACTORIES ACT

1948

Sr.

No. Particulars

No.of

Labours Percentage

1 Excellent(5) 16 10

2 Above Average(4) 0 0

3 Good(3) 107 66.88

4 Average(2) 37 23.12

5 Poor(1) 0 00

Total 160

According to the data observation noted in Table I, it has

been found that most of the Labours have a good feeling

about the construction company. Even some of the

Labours feel excellent for the construction companies.

But when we analyse the percentage of Labours who

feel average about the construction companies, we can

say that they are moving towards dissatisfaction.

TABLE II

LABOURS WORKING TENURE AT THE SAME

CONSTRUCTION COMPANY FOR FIVE YEARS & ABOVE

Sr.No. Particulars

No.of

Labours Percentage

1 Yes 134 83.75

2 No 26 16.25

Total 160

As per the data analysis noted in Table II, maximum

labours are working in same construction company for

five years and more. The reason is that these companies

of real estate industry of Pune are following the rules of

health and safety as per Factories Act, 1948.


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TABLE III

BUILDERS ARE FOLLOWING THE HEALTH & SAFETY

PROVISIONS UNDER FACTORIES ACT, 1948

Sr.

No. Particulars

No.of

Labours Percentage

1 Excellent(5) 5 3.13

2 Above Average(4) 0 0

3 Good(3) 123 76.87

4 Average(2) 32 20

5 Poor(1) 0 0

Total 160

As we can see in the data noted in Table III, it can be

interpreted that approximately majority labours have

found good health & safety provisions in construction

companies, the reason for that I have found is more

emphasis on labour welfare in real estate industry.

TABLE IV

LABOURS HAVE RECEIVED PROPER BENEFITS OF HEALTH

& SAFETY PROVISIONS AS PER FACTORIES ACT 1948

From the data analysis noted in Table IV, we can

interpret that more than half of the labours are

dissatisfied because they have not received the proper

benefits of health & safety provisions as per factories act

1948.

TABLE V

LABOURS VIEW ABOUT WHETHER THE CONSTRUCTION

COMPANIES HEALTH & SAFETY PROVISIONS ARE AS PER

FACTORIES ACT 1948

As per the data collected in Table V, it can be stated that

the labours are getting the health and safety benefits but

not as per the provisions of Factories Act 1948.

TABLE VI

LABOURS ARE SATISFIED FROM THE CONSTRUCTION

COMPANIES HEALTH & SAFETY PROVISIONS

Sr.No. Particulars

No.of

Labours Percentage

1 Yes 85 53.12

2 No 75 46.88

Total 160

From the interpreted data noted in Table VI, most of the

labours are satisfied with their current construction

company as they feel that they are receiving health and

safety benefits from the developers. But 46.88% of the

Labours are not satisfied because of the brand of the

company their expectations were very high.

TABLE VII

LABOURS ARE FAMILIAR WITH THE HEALTH & SAFETY

PROVISIONS OF FACTORIES ACT 1948

Sr. No. Particulars

No.of

Labours Percentage

1 Yes 144 90

2 No 16 10

Total 160

It is good to see from the data analysis noted in Table

VII, that most of the labours are familiar with customer

care policies of the company except only 10% of the

labours are not familiar with it because of their

ignorance.

TABLE VIII

LABOURS SATISFACTION IN THEIR CURRENT

CONSTRUCTION COMPANIES RELATED TO HEALTH &

SAFETY PROVISIONS AS COMPARE TO OTHER

CONSTRUCTION COMPANIES AS PER FACTORIES ACT 1948

Sr.

No. Particulars

No.of

Labours Percentage

1 Yes 91 56.87

2 No 69 43.13

Total 160

It is clear from the above data noted in Table VIII, chart

that only 56.87% labours are satisfied with the facilities

and remaining 43% labours are not satisfied because

they compared to the health and safety provisions with

other state’s builders and secondly they were expecting

more.

TABLE IX

THE MAJOR LAPSE IN FOLLOWING HEALTH & SAFETY

PROVISIONS UNDER FACTORIES ACT, 1948 IN REAL

ESTATE INDUSTRY

Sr.

No. Particulars

No.of

Labours

Percenta

ge

1 Leave policies are not

clear 21 13.12

2 Latrines and urinals

are not regularly clean

and Maintained

27 16.87

3 Project Manager is a

Welfare Officer 6 10

4 Securing ladders 32 20

5 Not inspecting

scaffolding 64 40

Total 160

Sr.No. Particulars No.of Labours Percentage

1 Yes 51 31.88

2 No 109 68.12

Total 160

Sr.No. Particulars No.of Labours Percentage

1 Yes 64 40

2 No 96 60

Total 160


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According to data findings noted in Table IX, the major

contravention in following health and safety as per

Factories Act, 1948 practices in real estate industries are

no clear leave policies of contractual labours, Latrines

and urinals are not regularly cleaned and maintained,

Project Manager is a welfare officer. Also, procedures

such as securing ladders and inspecting scaffolding are a

major lapse in following health & safety provisions

under Factories Act, 1948.

VI. FINDINGS

(i) According to the data observation it has been found

that most of the labours have a good feeling about some

construction companies because they follow health &


protection of Labour rights.

(ii) It has been observed that few labours are moving

towards dissatisfaction due to certain lapse of the

builders in following, health & safety provisions under

Factories Act, 1948.

(iii) As per the data analysis maximum labours are

working in same construction company for five years

and more. Thus these companies are of real estate

industry of Pune are following the rules of health and

safety as per Factories Act, 1948.

(iv) As we can see in the above chart approx. according

to the views of maximum labours it is clear that they

have find that there is proper protection provided to

them against industrial and occupational hazards. From

the data analysis we can interpret that half of the labours

are satisfied with current norms of health and safety as

per Factories Act, 1948, which is followed at

construction sites of Pune. As per provisions related to

health & safety provisions under Factories Act, 1948,

the labours working in real estate industry have received

almost the same benefits and facilities. The reasons for

the dissatisfaction of remaining labours are few

problems.

(v) From the interpreted data most of the labours are

satisfied with the safety measures at site as they feel that

their employers as well as community as a whole is

fulfilling their obligation to protect well-being of the

workers. But 46.66% of the labours are not satisfied

because of the brand of the company their expectations

were very high related to health and safety provisions at

site.

(vi) It is good to see from the data analysis that most of

the labours are familiar with health and safety as per

Factories Act, 1948 except only 10% of the labours are

not familiar with it because of their ignorance.

VII. RECOMMENDATIONS

/SUGGESTIONS

(i) The builders should develop a thorough knowledge

of the needs and expectations health and safety

provisions of the labours as per are Factories Act 1948.

(ii) The builders must improve processes that define,

improve and support health and safety provisions of the

labours as per are Factories Act 1948. Job satisfaction is

also influenced by health and safety provisions for the

labours of a company.

(iii) Implementing health and safety provisions of the

labours as per are Factories Act 1948 is easy if the

employers believe in ethical practices. Thus the ethical

practices bring conjuring effects to attain high labour

productivity.

(iv) Builder can gain control over processes by working

with and for labours welfare and thus eliminates

industrial disputes.

(v) The major lapse is procedure such as not securing

ladders and even not inspecting scaffolding in following

health & safety provisions under Factories Act, 1948.

Hence the builders should launch a project after securing

ladders and inspecting scaffolding.

(vi) The leave policies are not clear to contractual

labours, Latrines and urinals are not regularly clean and

Maintained and Project Manager is a Welfare Officer,

are the most commonly major contravention in

following health and safety as per Factories Act, 1948 in

real estate industry. Hence the construction company

can easily achieve goal congruence with labours goal by

curbing all these issues.

(vii) Employers of real estate industry should purchase

proper safety equipment such as harnesses and

guardrails. This will avoid any kind of accidents at site.

VIII. LIMITATIONS OF THE STUDY

(i) The personal biases of the respondents might have

entered in to their response.

(ii) Time allotted for survey was less.

(iii) Some of the respondent did not respond to the

question which may affect the analysis.

(iv) Generally the respondents were busy in their work

and were not interested in responding rightly.

(v) Respondents were reluctant to disclose complete and

correct information.

(vi) Due to short duration only a small sample had to be

considered which doesn’t actually reflect an accurate

entire picture.

IX. CONCLUSIONS

This report is an overview of the past, present and

future of the Impact of provisions health & safety

provisions of Factories Act, 1948 for protection of

Labour Rights in real estate Industry of Pune. As a large

number of labour legislations have been enacted to

promote the condition of labour, keeping in view the

development of industry and national economy. The

labour legislation is necessary due to the reasons like;

the workers are financially weak and had little

bargaining power. The wages paid to factory workers


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are meager hence inadequate to meet their needs. Not

only this but also the employment of factory workers

was not secured and the workers have to work in slums

and under insanitary conditions.

The trade unions both the employees and employers can

play an effective role in molding and shaping the

national economy. Labour, which is comparatively in

disadvantageous position in a competitive social order,

has greater responsibilities in the year to come in a

developing state like India. Trade unions, which control

the destiny of working class, are to grow upon healthier

lines for establishing harmonious relations with the

employers.

The state is fully conscious of the worker’s difficulties

and problems as has been amply proved by the

discussion and details inside or outside the Parliament.

Certain legitimate demands of the workers have been

conceded by amending the law relating to obnoxious

practices, such as poor working conditions, unsafe

environment and unhygienic work place resorted by

employers. Workers in the country must understand

fully that if they desire to have due place in the

industrial economy of the country, they should realize

their responsibilities. Modern industrialization and

economic growth, envisaged in our planning call for

increased use of legislation not only for tackling the

social and economic problems that are existing but also

for creating such industrial conditions for establishing a

healthy and just social order. Both employers and

employees should realize the significance of industrial

democracy for productivity and efficiency in industry.

They should resolve their disputes through joint

consultation which is based on their mutual

understanding. For industrial regeneration it is necessary

that the partners of industry must cure their respective

defects. In order to improve further relations between

the employer and workers, the government is bringing

another comprehensive bill on industrial relations, which

is still pending for approval with the appropriate

authority.

Workers are the partners in the industrial undertaking.

Without the cooperation of the workers i.e. their good

work, discipline, integrity and character, the industry

will not be able to produce effective results or profits.

However efficient the machine is but the human element

always plays a vital role. If human resource refuses to

cooperate, the industry is bound to fail in the long term.

Therefore, the worker’s health and safety is

responsibility of employers.

REFERENCES

[1] John T. Addison & McKinley L. Blackburn,

Minimum Wages and Poverty, 52 INDuS. &

LAB. REL. REV. 393 (1999).

[2] Lena Ayoub, Note, Nike Just Does It-And Why

the United States Shouldn't: The United States'

International Obligation to Hold MNCs

Accountable for Their Labor Rights Violations

Abroad, 11 DEPAUL Bus. L.J. 395 (1999).

[3] Maurice Baskin, Labor Law & Construction: The

Case Against Union- Only Labor Project

Agreements, CONSTRUCTION LAW. Jan. 1989,

at 14.

[4] Alexandra E. Bums, Comment, Eroding "Mutual

Aid or Protection": Subjective Motivation and

Employee Refusals to Cross Picket Lines, 48

EMORY L.J. 267 (1999).

[5] William R. Corbett, Faragher, Ellerth, and the

Federal Law of Vicarious Liability for Sexual

Harassment by Supervisors: Something Lost,

Something Gained, and Something to Guard

Against, 7 WM. & MARY BILL RTS. J. 801

(1999).

[6] Katherine Cox, The Inevitability of Nimble

Fingers? Law, Development and Child Labor, 32

VAND. J. TRANSNAT'L L. 115 (1999).

[7] Mark Diana & Robin H. Rome, Beyond

Traditional Employment: The Contingent

Workforce, N.J. LAW. Apr. 1999, at 8.

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