welfare facilties under factories act, 1948 and maharashtra factory rules, 1963

Index

WELFARE FACILITIES UNDER FACTORIES ACT, 1948

I. Introduction.................................................................................................................................2II. Welfare........................................................................................................................................2

A. Washing facilities:..................................................................................................................2B. Facilities for storing and drying clothing:...............................................................................2C. Facilities for sitting:................................................................................................................3D. First-aid appliances:................................................................................................................3E. Canteens:.................................................................................................................................4F. Shelters, Rest rooms and Lunch rooms:.................................................................................5G. Creches:...................................................................................................................................5H. Welfare officers:.....................................................................................................................6

WELFARE FACILITIES UNDER MAHARASHTRA FACTORY RULES, 1963

I. 79. Canteens:...............................................................................................................................7II. 80. Dining hall:...........................................................................................................................8III. 81. Equipment:............................................................................................................................9IV. 82. Prices to be displayed...........................................................................................................9V. 83. Accounts:..............................................................................................................................9VI. 84. Managing Committee.........................................................................................................10VII. 85. Foodstuffs to be served and prices to be charged...............................................................11

CASE LAW

Parimal Chandra Rahas vs Life Insurance Corporation..................................................................13

Personnel Law & Management 1 Vaibhav Deshmukh

WELFARE FACILITIES UNDER

FACTORIES ACT, 1948

I. Introduction

The term ‘Labour Welfare’ refers to the facilities provided to workers in and outside the

factory premises such as canteens, rest and recreation facilities, housing and all other

services that contribute to the wellbeing of workers. Welfare measures are concerned

with general wellbeing and efficiency of workers. Compulsory provisions are thus

incorporated in the Factories Act, 1948 with respect to the health, safety and welfare of

workers engaged in the manufacturing process.


II. Welfare

A. Washing facilities:

1. In every factory –

a) Adequate and suitable facilities for washing shall be provided and

maintained for the use of the workers therein;

b) Separate and adequately screened facilities shall be provided for

the use of male and female workers:

c) Such facilities shall be conveniently accessible and shall be kept

clean.

2. The State Government may, in respect of any factory or class or

description of factories or of any manufacturing process, prescribe

standards of adequate and suitable facilities for washing.

B. Facilities for storing and drying clothing:

The State Government may, in respect of any factory or class or description

of factories, make rules requiring the provision therein of suitable places for

keeping clothing not worn during working hours and for tile drying of wet

clothing.

C. Facilities for sitting:

1. In every factory suitable arrangements for sitting shall be provided and

maintained for all workers obliged to work in a standing position.

2. If, in the opinion of the Chief Inspector, the workers in any factory

engaged in a particular manufacturing process or working in a particular

room are able to do their work efficiently in a sitting position, he may, by

order in writing, require the occupier of the factory to provide before a

specified date such setting arrangements as may be practicable for all

workers so engaged or working.


3. The State Government may, by notification in the Official Gazette,

declare that the provisions of sub-section (1) shall not apply to any

specified factory or class or description of factories or to any specified

manufacturing process.

D. First-aid appliances:

1. There shall in every factory be provided and maintained so as to be

readily accessible during all working hours first-aid boxes or cupboards

equipped with the prescribed contents, and the number of such boxes or

cupboards to be provided and maintained shall not be less than one for

every 150 workers ordinarily employed at anyone time in the factory.

2. Nothing except the prescribed contents shall be kept in a first-aid box or

cupboard.

3. Each first-aid box or cupboard shall be kept in the charge of a separate

responsible person who holds a certificate in first-aid treatment

recognized by the State Government and who shall always be readily

available during the working hours of the factory.

4. In every factory wherein more than 500 workers are ordinarily employed

there shall be provided and maintained an ambulance room of the

prescribed size, containing the prescribed equipment and in the charge

of such medical and nursing staff as may be prescribed and those

facilities shall always be made readily available during the working hours

of the factory.

E. Canteens:

1. The State Government may make rules requiring that in any specified

factory wherein more than 250 workers are ordinarily employed, a

canteen or canteens shall be provided and maintained by the occupier

for the use of the workers.


2. Without prejudice to the generality of the foregoing power, such rules

may provide for-

a) The date by which such canteen shall be provided;

b) The standards in respect of construction, accommodation,

furniture and other equipment of the canteen:

c) The foodstuffs to be served therein and the charges which may

be made therefore;

d) The constitution of a managing committee for the canteen and

representation of the workers in the management of the canteen;

e) The items of expenditure in the running of the canteen which are

not to be taken into account in fixing the cost of foodstuffs and

which shall be borne by the employer.

f) The delegation to the Chief Inspector, subject to such conditions

as may be prescribed, of the power to make rules under clause

(C).


F. Shelters, Rest rooms and Lunch rooms:

1. In every factory wherein more than 150 workers are ordinarily employed,

adequate and suitable shelters or rest rooms and a suitable lunch room,

with provision for drinking water, where workers can eat meals brought

by them, shall be provided and maintained for the use of the workers:

2. Provided that any canteen maintained in accordance with the provisions

of section 46 shall be regarded as part of the requirements of this sub-

section:

3. Provided further that where a lunch room exists no worker shall eat any

food in the work room.

4. The shelters or rest rooms or lunch rooms to be provided under sub-

section (1) shall be sufficiently lighted and ventilated and shall be

maintained in a cool and clean condition.

5. The State Government may-

a) Prescribe the standards in respect of construction,

accommodation, furniture and other equipment of shelters, rest

rooms and lunch rooms to be provided under this section:

b) By notification in the Official Gazette, exempt any factory or class

or description of factories from the requirements of this section.

G. Creches:

1. In every factory wherein more than 50 women workers are ordinarily

employed there shall be provided and maintained a suitable room or

rooms for the use of children under the age of six years of such women.

2. Such rooms shall provide adequate accommodation, shall be adequately

lighted and ventilated, shall be maintained in a clean and sanitary

condition and shall be under the charge of women trained in the care of

children and infants.


3. The State Government may make rules-

a) Prescribing the location and the standards in respect of

construction, accommodation furniture and other equipment of

rooms to be provided under this section;

b) Requiring the provision in factories to which this section applies of

additional facilities for the care of children belonging to women

workers, including suitable provision of facilities for washing and

changing their clothing;

c) Requiring the provision in any factory of free milk or refreshment

or both for such children;

d) Requiring that facilities shall be given in any factory for the

mothers of such children to feed them at the necessary intervals.

H. Welfare officers:

1. In every factory wherein 500 or more workers are ordinarily employed

the occupier shall employ in the factory such number of welfare officers

as may be prescribed.

2. The State Government may prescribe the duties, qualifications and

conditions of service of officers employed under sub-section (I).


WELFARE FACILITIES UNDER

MAHARASHTRA FACTORY RULES, 1963

Rules 79 to 85 prescribed under section 46


I. 79. Canteens:

1. The occupier of every factory wherein more than 250 workers are ordinarily

employed and which is specified by the State Government by a notification in

this behalf shall provide, in or near the factory, an adequate canteen according

to the standards prescribed in the Rules. The canteen shall be available for the

use of the workers, within six months from the date of such notification:

Provided that the State Government may for sufficient reasons, from time to

time by an order in writing, extend the said period in respect of any specified

factory.

2. The manager of a factory shall submit for the approval of the Chief Inspector

plans and site plan, in duplicate, of the building to be constructed or adapted for

use as a canteen.

3. The canteen building shall be situated not less than 15 meters from the latrine,

urinal, boiler house, coal stacks, ash dumps and any other source of dust,

smoke or obnoxious fumes, provided that the Chief Inspector may in any

particular factory relax the provisions of this sub-rule to such extent as may be

reasonable in the circumstances and may require measures to be adopted to

secure the essential purpose of this sub-rule.

4. The canteen building shall be constructed in accordance with the plans

approved by the Chief Inspector and shall accommodate at least a dining hall,

kitchen, store room, pantry and washing places separately for workers and for

utensils.

5. In a canteen the floor and inside walls up to a height of 120 centimeters from

the floor shall be made of smooth and impervious material; the remaining

portion of the inside walls shall be made smooth by cement plaster or in any

other manner approved by the Chief Inspector.

6. The doors and windows of canteen building shall be of fly- proof construction

and shall allow adequate ventilation.


7. The canteen shall be sufficiently lighted at all times when any person has

access to it.

8. In every canteen-

a. all inside walls or rooms and all ceilings and passages and staircases

shall be lime-washed or color-washed at least once in each year or

painted once in three years

b. all wood work shall be varnished or painted once in three years dating

from the period when last varnished or painted;

c. all internal structural iron or steel work be varnished or painted once in

three years dating from the period when last varnished or painted,

provided that inside walls of the kitchen shall be lime-washed once every

four months.

d. Records' of dates on which lime-washing, colour-washing, varnishing or

painting is carried out shall be maintained.

9. Precincts of the canteen shall be maintained in a clean and sanitary condition.

II. 80. Dining hall:

1. The dining hall shall accommodate at a time at least 30 per cent of the workers

working at a time, provided that, in any particular factory or in any particular

class of factories the State Government may, by a notification in this behalf,

alter the percentage of workers to be accommodated.

2. The floor area of the dining hall, excluding the area occupied by the service

counter and any furniture except tables and chairs, shall be not less than one

square metre per diner to be accommodated as prescribed in sub-rule (1):

Provided that in the case of factories in existence at the date of the

commencement of the Act, where it is impracticable, owing to the lack of space,

to provide one square metre of floor area for each person, such reduced floor

area per person shall be provided as may be approved in writing by the Chief

Inspector.


3. A portion of the dining hall and service counter shall be partitioned off and

reserved for women workers, in proportion to their number. Washing place for

women shall be separate and screened to secure privacy.

4. Sufficient tables, stools, chairs or benches shall be available for the number of

diners to be accommodated as prescribed in sub-rule (1).

III. 81. Equipment:

1. There shall be provided and maintained sufficient utensils, crockery, cutlery,

furniture and any other equipment necessary for the efficient running of the

canteen. Suitable clean clothes for the employees serving in the canteen shall

also be provided and maintained.

2. The furniture, utensils and other equipment shall be maintained in a clean and

hygienic condition. A service counter, if provided, shall have a top of smooth

and impervious material. Suitable facilities including an adequate supply of hot

water shall be provided for the cleaning of utensils and equipment.

3. Where the canteen is managed by a Co-operative Society registered or

deemed to be registered under the Maharashtra Co-operative Societies Act,

1960, the occupier shall provide the initial equipment for such canteen and shall

undertake that any equipment required thereafter for the maintenance of such

canteen shall be provided by such Co-operative Society.

IV. 82. Prices to be displayed:

The charge per portion of foodstuff, beverages and any other item served in the

canteen shall be conspicuously displayed in the canteen.

V. 83. Accounts:

1. All books of accounts, registers and any other document used in connection

with the running of the canteen shall be produced on demand to an Inspector.


2. The accounts pertaining to the canteen shall be audited, once every twelve

months, by registered accountants and auditors. The balance sheet prepared

by the said auditors shall be submitted to the Canteen Managing Committee

not later than two months after the closing of the audited accounts:

a. Provided that the accounts pertaining to the canteen in a Government

factory having its own Accounts Departments may be audited in such

Department:

i. Provided further that where the canteen is managed by a Co-

operative Society registered or deemed to be registered under the

Maharashtra Co-operative Societies Act, 1960, the accounts

pertaining to such canteen may be audited in accordance with the

provisions of the Maharashtra Co-operative Societies Act, 1960.

VI.84. Managing Committee:

1. The Manager shall appoint a Canteen Managing Committee which shall be

consulted from time to time the quality and quantity of foodstuffs to be served in

the canteen;

a. the arrangement of the menus;

b. times of meals in the canteen; and

c. any other matter pertaining to the canteen as may be directed by the

Committee:

i. Provided that where the canteen is managed by a Co-operative

Society registered or deemed to be registered under the

Maharashtra Co-operative Societies Act, 1960, it shall not be

necessary to appoint a Canteen Managing Committee.


2. The Canteen Managing Committee shall consist of an equal number of persons

nominated by the occupier and elected, in the case where there is a Joint

Committee constituted under the Bombay Industrial Relations Act, 1946 or any

other Committee constituted under any law for the time being in force

consisting of representatives of an employer and workers in a factory, by the

members of such Joint Committee or of such other Committee representing the

workers and in any other case, by the workers themselves. The number of

elected workers shall be in the proportion of 1 for every 1,000 workers

employed in the factory provided that in no case shall there be more than 5 or

less than 2 workers on the Committee.

3. The manager shall in consultation with the members of the Joint Committee, if

any, determine and supervise the procedure for election to the Canteen

Managing Committee.

4. Canteen Managing Committee shall be reconstituted every two years, the

previous Managing Committee holding office till such time as the new

Committee takes charge.

VII. 85. Foodstuffs to be served and prices to be charged:

1. The Chief Inspector may, by an order in writing, direct the manager to provide

in the canteen any item of foodstuff if he is satisfied that such item is in general

demand. Such order shall specify the size of each portion to be served, the

number of portions which shall be available and the frequency of serving the

particular item per week. Such order shall also specify the time-limit within

which the order shall be complied with.

2. Food, drink and other items served in the canteen shall be sold on non-profit

basis and in computing the charges to be made for such food, drink or other

items the following items shall not be taken into consideration, namely:

a. the rent for the land and building;

b. the depreciation and maintenance charges of the building and

equipment provided for the canteen;


c. the cost of purchase, repairs and replacement of equipment including

furniture, crockery, cutlery and utensils;

d. the water charges and other charges incurred for lighting and ventilation;

and

e. the interest on the amounts spent on the provision and maintenance of

furniture and equipment provided for the canteen:

Provided that where the canteen is managed by a co-operative society

registered or deemed to be registered under the Maharashtra Co-

operative Societies Act, 1960, such society may include in the charges

to be made for any such food, drink or other items served, a profit up to

5 per cent of its working capital employed in running the canteen.


CASE LAW

PARIMAL CHANDRA RAHAS

v/s

LIFE INSURANCE CORPORATION

Parimal Chandra Rahas case (supra) arose out of a Writ Petition filed under Article

226 of the Constitution wherein the canteen employees of the Life Insurance

Corporation claimed to be the permanent employees of the Life Insurance

Corporation. In the facts and circumstances of the case, the Supreme Court took the

view that the canteen workmen were entitled to be absorbed as workmen of Life

Insurance Corporation for the following reasons :-


The facts on record on the other hand, show in unmistakable terms that

canteen services have been provided to the employees of the Corporation

for a long time and it is the Corporation which has been from time to

time, taking steps to provide the said services. The Corporation has been

taking active interest even in organizing the canteen committees. It is further

the Corporation which has been appointing the contractors to run the

canteens and entering into agreements with them for the purpose. The terms

of the contract further show that they are in the nature of directions to the

contractor about the manner in which the canteen should be run and the

canteen services should be rendered to the employees. Both the

appointment of the contractor and the tenure of the contract are as per the

stipulations made by the Corporation in the agreement. Even the prices of

the items served, the place where they should be cooked, the hours during

which and the place where they should be served, are dictated by the

Corporation. The Corporation has also reserved the right to modify the terms

of the contract unilaterally and the contractor has no say in the matter.

Further, the record shows that almost all the workers of the canteen like

the appellants have been working in the canteen continuously for a long

time whatever the mechanism employed by the Corporation to

supervise and control the working of the canteen. Although the

supervising and managing body of the canteen has changed hands from time

to time, the workers have remained constant. This is apart from the fact

that the infrastructure for running the canteen, viz. the premises,

furniture, electricity, water, etc. is supplied by the Corporation to the

managing agency for running the canteen. Further, it cannot be disputed

that the canteen service is essential for the efficient working of the employees

and of the offices of the Corporation. In fact, by controlling the hours during

which the counter and floor service will be made available to the

employees by the canteen, the Corporation has also tried to avoid the

waste of time which would otherwise be the result if the employees have to

go outside the offices in search of such services. The service is available to

all the employees in the premises of the office itself and continuously since

inception of the Corporation, as pointed out earlier. The employees of the


Corporation have all along been making the complaints about the poor or

inadequate service rendered by the canteen to them, only to the

Corporation and the Corporation has been taking steps to remedy the

defects in the canteen service. Further, whenever there was a temporary

breakdown in the canteen service, on account of the agitation or of strike by

the canteen workers, it is the Corporation which has bee taking active

interest in getting the dispute resolved and the canteen workers have also

looked upon the Corporation as their real employer and joined it as a party to

the industrial dispute raised by them. In the circumstances, we are of the

view that the canteen has become a part of the establishment of the

Corporation. The canteen committees, the cooperative society of the

employees and the contractors engaged from time to time are in reality

the agencies of the Corporation and are, only a veil between the corporation

and the canteen workers. We have, therefore, no hesitation in coming to

the conclusion that the canteen workers are in fact the employees of the

Corporation. "

References:

http://www.delhi.gov.in

http://www.google.com


http://www.google.com/

http://www.delhi.gov.in/

welfare facilties under factories act, 1948 and maharashtra factory rules, 1963

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