ACKNOWLEDGEMENT

We convey our deep gratitude towards Labour Commissionerate for providing us an opportunity to
complete the Internship program as part our academic curriculum. We are extremely thankful to each
and every stake holders of the institution who had provided us with necessary support and information.
Further, we express our special thanks to the Sibi sir, Junior Superintendent (DLO-G), Breeja mam
(senior clerk), Rajeev sir (clerk), Agitha mam (senior superintendent), Aswathy mam (clerk) and all the
staffs of District Labour Office and Deputy Labour Commissionerate office for their wholehearted
support and guidance. We also like to extend our gratitude to our faculties, friends, co interns and all
those who stood beside us in completing this internship program.
INTRODUCTION

The basic aim of every law is to protect the rights and dignity of every human being. The essence of
democracy is ensuring social justice to all sections of the community. The main objective of labour law
as we know today is based on the notion of securing justice for employees, founded on the assumption that
an imbalance of power exists in regards to the employment relationship. Labour law aims to correct the
imbalance of power between the worker and the employer; to prevent the employer from dismissing the
worker without good cause; to set up and preserve the processes by which workers are recognized as
'equal' partners in negotiations about their working conditions etc.

Labour laws are enacted to provide economic and social justice to the workers in any industry.
Generally, these laws implement guidelines to the employers/industrialists in wages, wage incentives,
facilities for workers and the working conditions of labour. Labour laws assure that employers are
valued for their expertise and are treated rightly in work environments. Labour laws protect employees
from being exploited or abused in the workplace. It plays a major important role in protecting the rights
of labour, their union, their wages, and moreover building a link between government and workers.

The labour laws derive their origin, authority and strength from the provisions of the Constitution of
India. The relevance of the dignity of human labour and the need for protecting and safeguarding the
interest of labour as human beings has been enshrined in Chapter-III (Articles 16, 19, 23 & 24) and
Chapter IV (Articles 39, 41, 42, 43, 43A & 54) of the Constitution of India keeping in line with
Fundamental Rights and Directive Principles of State Policy. Labour law reforms are an ongoing and
continuous process and the Government has been introducing new laws and amending the existing ones
in response to the emerging needs of the workers in a constantly dynamic economic environment.
Labour is a subject in the Concurrent List where both the Central & State Governments are competent to
enact legislation subject to certain matters being reserved for the Centre.

Labour and Employment Laws in India are governed by the Constitution of India; specific laws are
given by Central and State governments, Municipal laws, individual agreements, and so on. Some
important Labour legislations are;

• The Factories Act, 1948

• Industrial Employment Standing Order Act, 1946

AIMS AND OBJECTIVES

Labour department is an independent department under Govt of Kerala sanctioned by H H Maharaja, Sri
Chithira Thirunal Balaramavarma. The most important aims and objectives of the department include
maintenance of peaceful atmosphere in the labour sector as a whole; decent working conditions and
improved quality of life to the workers; ensure co-operation and healthy relation between the employers
and the employed; systematic implementation of the various labour laws throughout the State;
enhancing social security coverage of workers through better policies and programmes etc.

Labour Department is instrumental in maintaining cordial industrial relations. Its conciliation machinery
consists of the Labour Commissioner, Additional Labour commissioner (IR), Regional Joint Labour
commissioners, Deputy Labour Commissioner (HQ), District Labour Officers (General), Deputy Labour
Officers and Assistant Labour Officers. Dr.S.Chithra I.A.S is currently holding the chair of Labour
Commissioner of Kerala . The Additional Labour Commissioner (E) in the office of the Labour
Commissioner has overall supervisory charge of the enforcement officers in the state. Besides this, the
Labour Commissioner and all other officers in the Labour Commissionerate are empowered to carry out
the functions of inspectors under all legislations mentioned above. A District Labour Officer (HQ) in the
Office of the Labour Commissioner is functioning as the Inspector of Newspaper establishments, for the
whole state.

The Regional Joint Labour Commissioners are functioning as Appellate Authorities under the Kerala
Head Load workers Act, Deputy Labour Commissioners are functioning as authority under Payment of
Gratuity Act, Kerala Industrial Employment (standing orders) Act, Payment of Gratuity Act etc. District
Labour Officers are functioning as Conciliation Officers under the Kerala Head Load Workers Act for
settling / deciding disputes under the said Act besides other functions. The Government of Kerala, under
the chairmanship of Labour commissioner, for maintaining industrial peace and harmony, constitutes the
Industrial Relations committees. The Industrial Relations committees through discussions arrive at
decisions on wage revision, bonus, service conditions of the workers of the respective industry etc.

The major guiding legislations are given below

1. The Beedi & Cigar Workers (Conditions of Employment) Act, 1966

2. The Building and Other Construction Workers

(Regulation of Employment and Conditions of Service) Act, 1996

3. The Building and Other Construction Workers Welfare Cess Act, 1996

4. The Child Labour (Prohibition & Regulation) Act, 1986

5. The Contract Labour (Regulation & Abolition) Act, 1970

6..The Equal Remuneration Act, 1976

7. The Industrial Disputes Act, 1947

8. The Industrial Employment (Standing Orders) Act, 1946

9. The Inter-State Migrant Workmen (Regulation of Employment & Conditions of Service) Act, 1979

10. The Kerala Agricultural Workers Act, 1974

11. The Kerala Casual, Temporary and Badli Workers (Wages) Act, 1989

12. The Kerala Head load Workers Act, 1978

13. The Kerala Industrial Establishments (National & Festival Holidays) Act, 1958

14. The Kerala Motor Transport Workers Payment of Fair Wages Act, 1971
15. The Kerala Payment of Subsistence Allowance Act, 1972

16. The Kerala Shops & Commercial Establishments Act, 1960

17. The Labour Laws (Exemption from Furnishing Returns & Maintaining Registers by Certain
Establishments) Act, 1988

18. The Maternity Benefit Act, 1961

19. The Minimum Wages Act, 1948

20. The Motor Transport Workers Act, 1961

21 The Payment of Bonus Act, 1965

DISTRICT LABOUR OFFICE

The District Labour Office (General) primarily concerned with Industrial Disputes and Trade Union
issues.

INDUSTRIAL DISPUTES ACT ,1947

Industrial Disputes Act, 1947 is the Act that regulates the labour laws as it concerns all the workmen or
all the people employed on the Indian mainland. This Act was formed with the main objective of
bringing peace and harmony to industrial disputes between parties and solving their issues in a peaceful
manner. It is a provision for investigation and settlement of industrial disputes.

Section 7 of ID Act deals with the establishment of the labour courts. One of the most familiar ways to
carry out the settlement of disputes under the Industrial Dispute Act,1947 is conciliation which is also
well-known by the name of mediation. It is mandatory to refer the matter to Appropriate Government
authority if no settlement is arrived or on failure of conciliation between two parties in conciliation
proceedings under section 12(IV) of ID Act. Form (h) provides for the settlement report. Section 33 of
the Industrial Disputes Act, 1947 (the "Act") imposes prohibition on the employer from altering the
terms of service of its workmen to their prejudice or to terminate their services during the pendency of
any proceedings, including conciliation proceedings, in respect of an industrial dispute.

TRADE UNIONS ACT 1947

Realizing the need of having central legislation for registration of trade unions, the parliament passed the
Indian Trade Union (Amendment) Act in the year 1947. The said Act sought to introduce Chapter III-A
into the Trade Union Act, 1926, which enumerated the conditions required for mandatory recognition of
any trade union. Section 3 to Section 14 of Chapter 2 of the Act deals with the registration of trade
unions in the territory of India. SECTION 9 AND 9A particularly deals with issuing of certificate of
registration and its minimum requirements respectively. The registration and recognition of trade unions
are done by district labour office and inspections are run by ALO grade II. ALO is also duty bounded to
issue 26 A cards to head load workers. The District Labour Office (general) maintain various registers
like the distribution register, personal register etc.

The enforcement wing of DLO office concentrates primarily on legislations like Building and Other
Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, Contract
Labour (Regulation and Abolition) Act, 1970, Interstate migrant workmen act 1979. The office also
keeps an eye on the working conditions and enforcement of the above said laws by conducting frequent
inspections.

DEPUTY LABOUR COMMISSIONER

The office of the deputy labour commissioner is entrusted with gratuity and allowance primarily.
Payment of gratuity act 1972, Kerala payment on subsistence allowance 1972, Industrial Employment
Standing Orders Act 1946

PAYMENT OF GRATUITY ACT ,1972

The aim of the act is to provide for a scheme for the payment of gratuity to employees engaged in
factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for
matters connected therewith or incidental thereto. Organizations with a workforce of 10 employees on a
single day in the preceding 12 months are liable to pay gratuity. As per Section 4(1) of the Payment of
Gratuity Act 1972, an employee becomes eligible for gratuity only after completion of 5 years(4 years 7
months) of continuous service with the same establishment.
The formula for calculating gratuity is as follows

15 x total salary x qualifying service

Total salary = basic pay + Dearness allowance

The applicant must submit application form (form n ) along with pay slip and in case of delay for more
than 90 days must be accompanied by an excuse petition or delay condonation petition. Deputy labour
commissioner is the controlling authority while the appeal lays to Regional Joint Labour Commissioner
and Labour Commissioner.

KERALA PAYMENT OF SUBSISTENCE ALLOWANCE ACT

The aim of the act is to provide for the payment of subsistence allowance to the employees in certain
establishments during the period of suspension An application for subsistence allowance in case of
default must be accompanied by form a suspension order and delay condonation petition in case of delay
and should reach the concerned labour commissioner within 30 days from the date of suspension .The
calculation of subsistence allowance for the daily wage workers must be done in the manner in which
the industry in which they were employed continues its operations. Typically, the subsistence allowance
constitutes 50% of the wages drawn by the worker prior to his suspension, up to a period of 90 days
from the date of his suspension. 75% for the period ranging from 90-180 days and 90% for any day
above 180. Section 8 of the rule prescribes punishment for non compliance with the rules prescribed.
They shall be punished with fine, not less than Rs 1000 or 3 months imprisonment or both .

THE OTHER ACTS DEALING WITH ARE:

MINIMUM WAGES ACT ,1948

The Minimum Wages Act 1948 is an Act of Parliament concerning Indian labour law that sets the
minimum wages that must be paid to skilled and unskilled labors. Minimum Wages Act was enforced to
ensure the employers did not exploit employees with insufficient wages. The Act is applicable on all
establishments, factories, place of business and industry types. Under-payment and non-payment of
Minimum Wage is deemed as an offence under the Central Act. India offers one of the most competitive
labour costs in Asia, with the national-level minimum wage at around INR 176 which amounts to INR
4576 in a month.

Under Section 3 of the Act, the minimum wages payable to the employees are to be fixed by the
appropriate government. This Section also mentions that the rate of wages shall be revised every five
years. Under Section 7 the appropriate government must appoint advisory boards for coordinating the
work of the committees and subcommittees mentioned in Section 5 and also for advising the appropriate
government generally in the matter of fixing and revising minimum rates of wages. Individuals who are
appointed to these committees shall be representatives of employers and employees in scheduled
employments and shall be equal in number. The Act also grants adequate powers to the inspectors to
look after the welfare of the workers. In case of non-payment of wages, or delay in the payment of
wages the authority shall direct the refund of such amount to the applicant of the amount unpaid, or
delayed along with the compensation for the damages suffered by the employee. Section 22 of the
Minimum Wages Act, 1948 an employer who fails to provide minimum rates of wages to the employees
or contravenes any rule or order made under Section 13 of the Act shall be punished with imprisonment
for a term which may extend to six months or fine not less than five hundred rupees or both.

THE EQUAL RENUMERATION ACT, 1976

An Act to provide for the payment of equal remuneration to men and women workers and for the
prevention of discrimination, on the ground of sex, against women in the matter of employment and for
matters connected therewith or incidental thereto. The main motto behind the Act was the Welfare of the
worker, of providing men and women equal pay for their job. The chief motive of the Equal
Remuneration Act, 1976, is to provide for payment of remuneration to men and women, on uniform
basis. Duty of employer to pay equal remuneration to men and women workers for same work or work
of a similar nature. Section5: No discrimination to be made while recruiting men and women workers.

THE MATERNITY BENEFIT ACT, 1961

Protects the employment of women during the time of her maternity and entitles her of a maternity
benefit-i.e. full paid absence from work – to take care for her child. The Act is applicable to all
establishments employing 10 or more persons. Its main objective is to provide maternity benefit to
women workers in certain establishments. To regulate the employment of women workers in such
establishments for certain period before and after the child birth. As per the Act, to be eligible for
maternity benefit, a woman must have been working as an employee in an establishment for a period of
at least 80 days within the past 12 months. Payment during the leave period is based on the average daily
wage for the period of actual absence. The Central Government passed the Maternity Benefit Act in
1961 which extends to the whole of India and applies to every establishment belonging to government
and to every establishment which may be industrial, commercial, agricultural or otherwise.

THE BUILDINGS AND OTHER CONSTRUCTION WORKERS ACT,1996

AN Act to regulate the employment and conditions of service of building and other construction workers
and to provide for their safety, health and welfare measures and for other matters connected therewith or
incidental thereto. To resolve the issues to unskilled labourers who work in intensive pitiful conditions,
the Government of India has introduced The Building and Other Construction Workers(Regulation of
Employment and Conditions of Services)Act,1996;the Act is also called BOCW Act.

THE CONTRACT LABOUR (Regulation and Abolition) ACT, 1970

An Act to regulate the employment of contract labour in certain establishments and to provide for its
abolition in certain circumstances and for matters connected therewith. Its objective is to prevent
exploitation of contract labour and also to introduce better conditions of work. A workman is deemed to
be employed as Contract Labour when he is hired in connection with the work of an establishment by or
through a contractor. This Act has provisions to ensure that the contract labour is not misused and the
right of workers employed on contract basis are protected. The Act does not ban contract labour
altogether, but put restrictions on it and prohibits it under certain circumstances. Every principal
employer and every contractor shall maintain a register and records giving such particulars of contract
labour employed, the nature of work, the rate of wages paid, and such other particulars in such form as
may be prescribed.

INDUSTRIAL DISPUTE ACT, 1947

The Industrial Disputes Act,1947 extended to the whole of India and regulated Indian labour law so far
as that concerns trade unions as well as individual workman employed in any Industry within the
territory of Indian mainland. Enacted on 11 March 1947 and it came into force on 1 April 1947.The Act
was drafted to make provision for the investigation and settlement of industrial disputes and to secure
industrial peace and harmony by providing mechanism and procedure for the investigation and
settlement of industrial disputes by conciliation, arbitration and adjudication which is provided under the
statute. Any industrial dispute may be referred to an industrial tribunal by an agreement of parties to the
dispute or by the Appropriate Government if it deems it expedient to do so. An award declared by the
arbitrator shall be binding on both the parties to the dispute for the specified period not exceeding one
year. According to Section 12(4) in The Industrial Disputes Act,1947, If no such settlement is arrived at,
the conciliation officer shall, as soon as practicable after the close of the investigation, send to the
appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and
circumstances relating to the dispute and for bringing about a settlement thereof, together with a full
statement of such facts and circumstances, and the reasons on account of which, in his opinion, a
settlement could not be arrived at. According to Section 12(5) in The Industrial Disputes Act, 1947, If
on a consideration of the report referred to in sub-section (4), the appropriate Government is satisfied
that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal, it may make
such reference. Where the appropriate Government does not make such a reference it shall record and
communicate to the parties concerned its reasons therefore. According to Section 33(C)(2) in The
Industrial Disputes Act, 1947, where any workman is entitled to receive from the employer any money
or any benefit which is capable of being computed in terms of money and if any question arises as to the
amount of money due or as to the amount at which such benefits should be computed, then the question
may, subjects to any rules that may be made under this Act, be decided by such Labour Court as may be
specified in this behalf by the appropriate Government; within a period not exceeding three months:
[Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to
do, he may, for reasons to be recorded in writing, extend such period by such further period as he may
think fit.]
MY EXPERIENCE

Being an intern at the Labour Commission was a wonderful experience.

I started my internship by attending a session by Mr. SIBI (Junior Superintendent DLO). He gave a
detailed lecture on the functioning of Labour Commission and the Acts that deals with the same. He also
explained about the division of District Labour Office as District Labour Office (General) and District
Labour Office (Enforcement). Mrs. BREEJA ma’am explained about The Industrial Disputes Act,1947.
She dealt with the important sections of the Act. And Mrs. VIJI ma’am explained about the disputes, the
process of conciliation, how to file petitions and claim petitions. Then Mr. RAJEESH sir explained
about the trade unions, textiles, bonuses, ESI exemption, building industries etc. He also mentioned
about The Gratuity Act,1972, the hierarchy of employees in Labour Office.

The next day Mrs. ASHWATHY ma’am explained about The Building and Constructions Workers
(Regulation and Conditions of Service) Act,1996, Contract Labour Regulation and Abolition Act, 1970,
The Inter-state Migrant Workmen Act, 1979, The Maternity Benefit Act, 1961 etc. She also discussed
about the important sections and the minimum number of employees required in each Acts and
punishments provided in each Act for the violation of any section .

In the following day, Mr. SIBI sir took a class which dealt with the formation of trade union, the process
involved in the registration of trade unions, about ALO etc. He also discussed about The Head load
Workers Act, 1978.

The next day Mr. SUNILKUMAR sir took a detailed class on The Minimum Wages Act, 1948. He
explained about the Chairman, Director and employees in that department, the fixing of minimum
wages, the punishments awarded for the violation of any section and about the latest amendment of the
Act.

The following day I went to The Department of Assistant Labour Office (ALO). Mrs. SUJI ma’am gave
a lecture on The Kerala Shops and Commercial Establishment Act,1960, The Motor Transport Workers
Act, 1961. She also explained about the powers of ALO, the hierarchy of the department and the modes
of complaints.
The next day I went to The Deputy Labour Office. Mrs. AJITHA (Senior Superintendent) ma’am gave a
detailed session about The Payment of Gratuity Act, 1972, how to calculate the gratuity, the procedures
of the submission of the application, and about the penalty. She also explained about the controlling
authority, appellate authority, and about the inspectors. Mrs. SHANMUKHA PRIYA ma’am dealt with
The Kerala Payment of Subsistence Allowance Act, 1972. She gave a detail explanation about the
suspension of employees, division of their salary and penalty.

After my internship at the Labour Commission, I came to know more about the powers and functioning
of the Labour Office. And as a law student, it was my greatest privilege to be an intern at the Labour
Commission. It was indeed an insightful experience to have done an internship program at Labour
Commissionerate as part of our academic curriculum. The dedication and commitment of the personnel
are praiseworthy. The officers and staffs are highly co operative and have guided us with relevant
information. We admire their patience to clarify our doubts and queries. Labour Commisionerate stands
apart in their infrastructural facilities and amicability.
CONCLUSION

Interning in Labour Commission is quite a different experience. I got to know about the working of
Labour Commission well during the course of internship. Labour laws improves the industrial relation
i.e. employee-employer relations and minimizes industrial disputes. It protects the workers from
exploitation by the employers or management. Overall, it helps workers in getting fair wages, and
minimizes labour unrest. During the course of internship I had dealt with many labour Acts that helps in
governing Labour Commission otherwise cannot be studied from anywhere else. In a nutshell, this
internship has been an excellent and rewarding experience. I can conclude that there have been a lot to
learn from this course of internship. I are sure that the knowledge gained from this one week internship
program, will lead us in the paths ahead. We covey our gratitude to all those, who helped us in the
successful completion of this Internship program.