LABOUR DEPARTMENT

          The Office of the Labour Commissioner in Tamilnadu is functioning at D.M.S. Compound, Teynampet, Chennai.  The Labour Department in Tamilnadu is enforcing the following Labour Laws in order to regulate the conditions of employment and to protect the welfare of workers employed in various employments:

CENTRAL ACTS

1. The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and Rules 1968.

2. The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 and Rules 1984.

3. The Contract Labour (Regulation and Abolition) Act, 1970 and Rules 1975.

4. Motor Transport Workers Act, 1961 and Rules 1965.

5. Plantation Labour Act 1951 and Rules 1955.

6. Sales Promotion Employees (Conditions of Service) Act, 1976.

7. The Working Journalists and other Newspaper Employees (Conditions of Service and Miscellaneous Provisions) Act, 1955.

STATE ACTS

1. The Tamilnadu Shops and Establishment Act, 1947 and Rules.

2. The Tamilnadu Catering Establishments Act, 1958 & Rules.

3. The Tamilnadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981.

4. The Tamilnadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982 and Rules.

5. The Tamilnadu Industrial Establishments (National and Festival Holidays) Act, 1958 and Rules.

Apart from the above Acts and Rules, the Child Labour (Prohibition and Regulation) Act, 1986 has been enacted to prohibit the employment of child labourers in hazardous occupations and to regulate the employment in non-hazardous occupations.  In order to pay equal wages to the workers of both the sex, where the work is one and the same, the Equal Remuneration Act has been enacted and is being enforced.  In order to make available the maternity benefits to the working women, the Maternity Benefits Act, 1961 has been enacted and is being implemented.  Under the Minimum Wages Act, 1948, Minimum Wages have been fixed in respect of 60 Employments and being enforced.  While fixing / revising Minimum Wages, the rise in price index is also being considered and Dearness Allowance is fixed along with basic wages.  If any death or injury arises to a workman in an accident during the course of or out of employment, the Workmen’s Compensation Act, 1923 envisages the worker or his dependant to get compensation for the loss.

In order to start a statutory Trade Union and to regulate the same in Factories and other establishments, the Trade Unions Act, 1926 has been enacted by the Central Government.

In order to give Bonus to the Workers, the Payment of Bonus Act, 1965 has been enacted.  Likewise the Payment of Gratuity Act, 1972, has been enacted to pay Gratuity to the workers on their leaving the employment.  In order to pay wages to the workers in time and without any unauthorised deductions, the Payment of Wages Act has been enacted and is being enforced.  The Tamilnadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 was enacted by the Tamilnadu Government to confer permanent status to workman who has completed not less than 480 days of service in 24 calendar months.  In order to give subsistence allowance to the workers who are under suspension, the Government of Tamilnadu have enacted the Tamilnadu Payment of Subsistance Allowance Act, 1981.  The above said Central and State Government Acts are being implemented by the Labour Department.

In order to provide certain welfare facilities to the workers employed in factories and in various establishments, the Tamilnadu Labour Welfare Board was informed in the year 1975 under the provisions of Tamilnadu Labour Welfare Fund Act, 1972.  The Tamilnadu Labour Welfare Board is implementing various welfare schemes to the workers and their families.  The detailed note on the functions of this Board is given in Chapter IV of this Charter.

In order to provide certain welfare to the unorganised workers, the Tamilnadu Government has enacted the Tamilnadu Manual Workers (Regulation of Employment and Conditions of Work) Act, 1982.  Under this Act, one of the employment included is “Employment in Construction Work”, one welfare scheme called Tamilnadu Construction Workers Welfare Scheme has been framed for this purpose.  The Tamilnadu Construction Workers Welfare Board, Chennai-40 headed by the Secretary in the Cadre of Joint Commissioner of Labour is in charge of implementing the schemes.  Certain welfare measures available under this scheme are Group Insurance, Scholarships, Marriage Grant, Funeral Benefits, Maternity Assistance etc.

In order to protect the interest of the consumers, the Central Government have enacted the Standards of Weights and Measures (Enforcement) Act, 1985, and  the Standards of Weights and Measures (Packaged Commodities) Rules, 1977.  The Tamilnadu Government have enacted Tamilnadu State Weights and Measures used in Trade and Business are being regulated and checked.  The Act and the Rules are also being implemented by Labour Department in Tamilnadu.  The Act and the Rules pave ways to verify and stamp the weights, measures, balances, etc., once in a year.  If the Weights and Measures used in Trade or Business are found without reverification, or if under weighment or under measurements are detected the traders are being fined or prosecuted under this Act.  Arrangements have also been made to regulate the manufacturer, dealer and repairer of Weights and Measures by giving them license under the Act.  Under the Weights and Measures (Packaged Commodities) Rules, the packages for retail sale shall contain the following details on them.

Name of the commodity, Net Contents, Maximum Retail Price, Date of Manufacture/Packing, Name and Full Address of the Manufacturer or Packer.  The declarations shall be legible and clear.

All the persons who engage in Manufacture of Packaged Commodities shall get a registration certificate from the Controller of Legal Metrology, Chennai.6/Director of Legal Metrology, New Delhi.11.  Arrangements have been made to check net contents of the packages periodically.  Selling the packaged commodities for more than the marked price is also an offence under the Rules.

In order to implement and enforce the above labour Acts and Weights and Measures Act, Inspectors of Labour have been appointed for each district.  The Deputy Inspectors of Labour, The Assistant Inspectors of Labour and Stamping Inspectors have also been appointed to assist the Inspector.  Conciliation Officers have also been appointed in the cadre of Labour Officer/Assistant Commissioner of Labour in each district to settle industrial disputes between employers and employees.

At Regional Level, 7 Deputy Commissioners of Labour have been appointed to exercise effective control over the subordinate, in their regions and to enforce various labour laws and to settle industrial disputes.  They are also acting as the Commissioner of Workmen’s Compensation, Appellate Authority under the Payment of Wages Act and the Authority under the Minimum Wages Act.  3 Joint Commissioners of Labour have also been appointed for Chennai, Madurai and Coimbatore Zones with the responsibility of keeping industrial peace and controlling the subordinates in their zones.  They are also functioning as certifying officer under the Industrial Employment (Standing Order) Act, 1946.

At the head office in Chennai, 2 Joint Commissioners of Labour and 4 Deputy Commissioners of Labour have been appointed to assist the Commissioner of Labour for the overall administration in the State.  Recently, One Joint Commissioner of Labour (Welfare) has been appointed at Chennai to look after the welfare and Child Labour Subject.  Government have proposed to form a welfare board for the unorganised workers in certain Employments.

For this purpose, One Special Officer in the Cadre of Joint Commissioner of Labour has also been appointed at chennai to look after the preliminary work of the Board.

In order to impart training to the Labour Department Officials, in enforcement, conciliation, the Tamilnadu Institute of Labour Studies is functioning at Chennai-5.  This institute is headed by a Director in the Cadre of Joint Commissioner of Labour.  This Institute is also conducting various Seminars to the Managements, Workers and Trade Unions.  It is also conducting Degree and Diploma Courses in Labour Laws namely B.L.M., M.L.M. and P.G.D.L.A.