Unit: I

-Ms. Namratha
Assistant Professor
BMSCL
 Students to Note:
When question is asked for essay- to discuss the features of any Act, then you must elaborate the
features and explain it as per the provisions of the Act. Don’t just write the points.
 Constitutional
dimensions of
Industrial relations &
Labour
 Introduction
• The concept of Labour welfare is a broad concept
• It connotes a well-being, happiness, satisfaction, conservation and
development of human resources.
• It refers to adoption of measures which aim at promoting the
physical, psychological and general well-being of the working
population.
• According to ILO classification- Welfare amenities means: Drinking
water, Urinals, Health services, Creches, Rest Shelters, Administrative
arrangements, etc.
 Labour Welfare
• Labour Welfare is an extension of the term welfare and its application
to Labour.
• Labour occupies an important position in every society.
• In India, Labour welfare started in its broader meaning, but has
gradually become narrower in its outlook.
 Necessity of Labour Welfare
work in India
• As regard the necessity of welfare work in India, it can be easily realised,
if we look into the conditions of working classes in our country.
• They have to work for long hours under unhealthy surroundings and
afterwards, have no means to remove the drudgery of their lives.
• Therefore, a contended, stable and efficient labour force cannot be built
up without an improvement in the conditions of their life and work in
Industrial centres
• The social advantages of labour welfare activities are also very great.
• The provisions of canteens, sickness, housing benefits, educational
facilities which increase the mental efficiency and economic productivity.
 Industrial Jurisprudence
• The immediate source of Industrial jurisprudence may be traced to
the enactment of a Plethora of labour laws aimed at:
a. Ensuring the health, welfare and safety of the working class
b. Protecting against exploitation and unfair dismissals
c. Recognizing the right of workmen to organize and bargain
collectively.
• A more distant source is found in the traditional master-servant
relationship where the servant had no option but to serve the will of
the master.
• The extension of this attitude was seen in early stages of capitalism
where Factory workers got nothing more than starvation wages.
• It was only towards the middle of the 19th century that contractual
relationships replaced the traditional master-servant relationship
while state regulation added a new dimension to it.
• The range and variety of rights created was very complex where the
remedies and reliefs were unknown to civil jurisprudence and
resulting in the birth of Industrial jurisprudernce.
• Therefore, industrial jurisprudence is based on the Principle of
operation of organisation not only by an Individual/management but
where employees are given rights regarding their employment.
• In India, Industrial jurisprudence refers to a body of law based on
three sources-
a. The constitution
b. Legislative enactments
c. Judge-made law
• In India various legislations have been enacted to ensure the welfare
of labour and workers where it is based on fundamental principles like
Social Justice, Social Equity, International uniformity and National
economy.
• Therefore, the primary concern of Industrial jurisprudence is to
maintain peace among the various parties and ensure contentment of
the workers, the end product being increased production formed by
distributive justice.
• However, it is due to the various provisions enshrined in the
constitution especially the Fundamental Rights and Directive
Principles of State Policy which ensure Social & Economic Justice.
 Constitutional Dimensions
• The Preamble states to secure to all its citizens:
a. Justice, Social, Economic and Political
b. Liberty of thought, expression, belief, faith and worship
c. Equality of status and of opportunity
d. Fraternity, assuring the dignity of the individual and unity and
integrity of the nation.
 Fundamental rights
• The FRs are guaranteed by the Constitution to all persons without
any discrimination and uphold the equality of all individuals, the
dignity of the individual, the larger public interest and unity of the
nation.
Article 12: Provides for a liberal interpretation of the words “other
authorities” so as to include any instrumentality or agency of the Govt
whether an individual or a corporation like Life Insurance Corporation
of India- Som Prakash Rekhi v. Union of India
Article 14: Provides to every person equality before the law or the
equal protection of the laws within the territory of India.
• Various laws which ensures this are:
 Equal remuneration Act, 1976
 factories Act, 1948
 Karnataka Shops and commercial establishments Act, 1961
 Child Labour (Prohibition and Regulation) Act, 1986
 The Employment of Children Act, 1938
 Plantation Labour Act, 1951, etc.
 Randhir Singh v. Union of India
• SC held that although the Principle of equal pay for equal work is not
expressly declared by our constitution to be a fundamental right, but
it is certainly a constitutional goal under Article 14, 16, 39 (d) of the
Constitution.
• This right can be enforced in cases of unequal scales of pay based on
irrational classification.
• This decision was followed in number of cases by Supreme Court.
 Article 15: Prohibits discrimination on grounds only of religion, race,
caste, sex, place of birth or any of them.
• However, nothing in this article shall prevent the state from making
any special provision for women & children.
• In this direction, the Parliament has passed-
 The Equal Remuneration Act, 1976
 Maternity Benefit Act, 1961
 Factories Act, 1948, etc.
 Article 19(1)(c) :speaks about the fundamental rights of a citizen to form
associations and unions.
• It guarantees to all citizens:
 Right to form association or unions or co-operative societies.
 Right to move freely throughout the territory of India
 Right to reside & settle in any part of the territory of India
 Right to practice any profession or to carry on any occupation, trade or business.
• several legislations guaranteeing the rights under Article 19 are:
 Trade Unions Act, 1926
 The Inter-state Migrant workmen Act, 1979
 The industrial Disputes Act, 1947
 Contract Labour Act, 1970, etc.
 Damayanti v. Union of India
• SC held that, ‘’the right to form an association” necessarily implies
that the person forming the association has also the right to continue
to be associated with only those whom they voluntarily admit in the
association.
• Any law by which members are introduced in the voluntary
association-
a. Without any option being given to the members to keep them out
OR
b. any law which takes away the membership of those who have
voluntarily joined it,
• it will be a law violating the right to form an association.
 Article 21: declares that no person shall be deprived of his life or
personal liberty except according to procedure established by law.
• Article 21 includes:
 Right of women to be treated with decency & dignity
 Right against bonded labour
 Right to social security and Protection of the family.
• In this direction, the Parliament has enacted:
 the sexual harassment of women at workplace (Prevention,
Prohibition & Redressal)Act, 2013
 Bonded Labour System (Abolition)Act, 1976
 The Unorganised workers social security Act, 2008
 Employees Provident Fund Act, 1952.
 Bandhua Mukti Morcha v. Union of India
• SC held that Govt was bound to ensure observance of social welfare
and labour laws enacted to secure to workmen a life of basic human
dignity.
 Olga Tellis v. Bombay Municipal Corporation
• Popularly known as Pavement Dwellers case
• SC held that-
 The word ‘’life’’ in Article 21 includes the ‘’Right to livelihood’’ also.
 The court said-”it does not mean merely that life cannot be
extinguished or taken away as,
 an equally important facets of that right is the right to livelihood is
treated as a part of the constitutional right to life.
 Article 23: Prohibits traffic in human beings, beggar and other similar forms of
forced labour
• Any contravention of this provision shall be an offence punishable in accordance
with law.
• This right is available both to citizens and non-citizens.
 In order to provide for this, the parliament has passed –
• Immoral traffic (Prevention) Act, 1956
 In People’s Union for Democratic Rights v. Union of India, it was held that labour
or services for a remuneration less than a minimum wages amounts to forced
labour.
 Several other laws have been passed in this direction- such as:
• Minimum wages Act, 1948
• Bonded Labour System (Abolition)Act, 1976
• The Inter-State Migrant Workman Act, 1979
 Choudhary v. State of Madhya Pradesh
• held that, wherever it is found that any workman is forced to provide
labour for no remuneration or nominal remuneration, the
presumption would be that he is a bonded labour, unless the
employer or the state govt proves otherwise.
• Similarly, the Court said that the plainest requirement of Article 21
and 23 is that bonded labour not only be identified and redressed but
also suitably rehabilitated.
 Article 24: Prohibits the employment of children below the age of 14
years in any factory, mine or other hazardous activities like-
Construction work or railway
• However, it does not prohibit their employment in any harmless or
innocent work.
• This provision is certainly in the interest of public health and safety of
life of children.
• Children are the assets of the nation
• That is why Article 39 of the constitution imposes upon the state an
obligation to ensure that the health and strength of workers, men and
women, and the tender age of the children are not abused and that
citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength.
The child labour (Prohibition & Regulation)Act, 1986 is the most important
law in this direction.
 In addition-
 The employment of children Act, 1938
 The factories Act, 1948
 The Mines Act, 1952
 The Merchant shipping Act, 1948,
 The plantation Labour Act, 1951
 The Motor Transport workers Act, 1951
 Apprentices Act, 1961
 The Bidi & Cigar Workers Act, 1966
 and other similar Acts prohibit the employment of children below certain
age.
 People’s Union for Democratic Rights v. Union of India
• It was contended that the Employment of Children Act, 1938 was not
applicable in case of employment of children in the construction work
of Asiad Projects in Delhi since the construction industry was not a
process specified in the schedule to the Children Act.
• The Court rejected this contention and held that the construction
work is hazardous employment and therefore under Article 24, no
child below the age of 14 years can be employed in the construction
work even if the construction industry is not specified in the schedule
to the Employment of Children Act, 1938.
 Directive Principles of State
Policy
• DPSP embody the concept of a ‘Welfare State’ and seek to establish
economic & social democracy in India.
• Part IV of the Constitution contains the DPSP.
• The provisions contained in this part even though not judicially
enforceable but nevertheless fundamental in the governance of the
country and it shall be the duty of the state to apply these principles
in making laws.
• Some of these specify the goals and values to be secured by labour
legislation for workmen.
• They are:
 an adequate means of livelihood
 prevention of the concentration of wealth and means of production
 equal pay for equal work for both men and women
 protection and preservation of the workers health
 right to work, the right to education, and the right to public assistance
in cases of old age, sickness disablement and in other cases of
undeserved want
 just & humane conditions of work and maternity relief
 a living wage
 participation of workers in management and
 a decent standard of life.
 Article 38: Promotes the welfare of the people by securing a social
order permeated by justice-social, economic & political- and to
minimize inequalities in income, status, facilities and opportunities.
 Legislations providing for this are:
 The unorganised workers social security Act, 2008
 Employees Provident Fund Act,1952
 Employees State Insurance Act, 1948
 Payment of Gratuity Act, 1972
 Employees Compensation Act, 1923
 Workmen’s Compensation Act, 1923, etc.
 Article 39: specifically requires the state to direct its policy towards securing
the following principles:
a. Equal right of men and women to adequate means of livelihood
b. the equitable distribution of ownership and material resources of the
community for the common good
c. to ensure that the economic system should not result in the concentration of
wealth and means of production to the common detriment.
d. Equal pay for equal work to both men & women
e. To protect the health & strength of workers & children against forcible abuse
f. that children are given opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and that childhood and
youth are protected against exploitation and against moral and material
abandonment.
• Clause f was modified by the Constitution (42nd Amendment) Act,
1976 with a view to emphasize the constructive role of the State with
regard to children.
 In MC Mehta v. State of Tamil Nadu,
• has been held that in view of Article 39 the employment of children
within the match factories connected with the manufacturing process
of matches and fireworks cannot be allowed as it is hazardous.
• However, children can be employed in the process of packing but it
should be done in the area away from the place of manufacturing to
avoid exposure to accidents.
 In another landmark judgement in M.C. Mehta v. Union of India
(known as Child labour Abolition Case)-
• Supreme Court held that, children below the age of 14 years cannot
be employed in any hazardous industry or mines or other work.
• The matter was brought to the notice of Court by public spirited
lawyer Sri MC Mehta through Public Interest Litigation under Article
32.
• He told the court about the plight of children engaged in Sivakasi
Cracker Factories and how the constitutional rights of these children
is guaranteed by Article 24 was been grossly violated and requested
the Court to issue appropriate directions to the Govt to take steps to
abolish child labour.
• Legislations providing for this are:
 Payment of bonus Act, 1965
 Equal Remuneration Act, 1976
 Minimum Wages Act, 1948
 Mahatma Gandhi National Rural Employment Guarantee Act, 2005
 Child Labour (Prohibition & Regulation)Act, 1986
 Workmen’s Compensation Act, 1923, etc.
 Article 39 A: directs the state to ensure that the operation of the
legal system promotes justice, on the basis of equal opportunities and
shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic
or other disabilities.
• This Article was added to the Constitution pursuant to the new policy
of the Govt to give legal aid to economically backward classes of
people.
• Legislation providing for this are:
 Unorganised workers social security Act, 2008
 Sexual Harassment of women at Workplace (Prevention, Prohibition
& Redressal)Act, 2013, etc.
 State of Maharashtra v. Manubhai Pragaji Vashi
• The Court has considerably widened the scope of the Right to free
legal aid.
• The State must provide equal justice & free legal aid
• It should be the main concern of the state to have a proper legal
system.
 Article 41: provides that within the limits of its capacity, the State
shall secure for right to work & education and public assistance in
cases of unemployment, old age, sickness and disablement.
• Legislations providing for this are:
 Equal Remuneration Act, 1976
 Employees State Insurance Act, 1948
 Mahatma Gandhi National Rural Employment Guarantee Act, 2005,
etc.
 Article 42: Provides for Just & humane conditions of work and
maternity relief.
• Legislations providing for this are:
 Maternity Benefit Act, 1941
 fatal Accidents Act, 1855
 Dangerous Machines Regulations Act, 1983
 Dock Workers (Safety, Health & Welfare)Act, 1986
 Inter-State Migrant Workmen Act, 1979, etc.
 Article 43: Secures a living wage, a decent standard of life & social &
cultural opportunities for all workers.
• Legislations providing for this are:
 Weekly holidays Act, 1942
 Karnataka Shops & Commercial Establishments Act, 1961
 Child Labour (Prohibition & Regulation)Act, 1986
 Article 43A : was introduced to take steps to secure the participation
of workers in the management of industries.
• Legislations providing for this are:
 Trade Unions Act, 1926
 Industrial Disputes Act, 1947, etc.
Article 45 required the State to make provision within 10 years for
free and compulsory education for all children until they complete the
age of 14 years.
• The object was to abolish illiteracy from the country.
• In a landmark judgement –Unni Krishnan v. State of A.P, the Supreme
Court has held that the “Right to education’’ upto the age of 14 years
is a fundamental right within the meaning of Article 21 of the
Constitution, but thereafter the obligation of the State to provide
education is subject to the limits of its economic capacity.
• The declared that ‘’right to education’’ flows directly from ‘’right to
life’’.
 Article 46 enjoins the State to promote with special care the
education and economic interest of the weaker sections of the
people, and in particular of the Scheduled Caste and Scheduled Tribes
and to protect them from social injustice and of all forms of
exploitation.
 Article 47: imposes a duty upon the State to raise the level of
nutrition and the standard of living of its people and the improvement
of public health.
Legislations providing for this are:
 Minimum wages Act, 1948
 Payment of wages Act, 1936
 Environment (Protection) Act, 1986
 Water (Prevention & Control of Pollution) Act, 1974, etc.
 Conclusion
• Therefore, it can be said that Part-III and IV of the constitution of India form
the backbone of labour & industrial laws in India.
• As we have seen, the Constitution of India has gone out of way to protect
rights and privileges of workers, ensuring a decent and dignified life.
• But a lot is required to be done for the workers of unorganised sectors-
bonded labour, child labour, female labour, labourers of sweated industry &
agricultural labour.
• The constitution has inherent potency, but its instrumentalities have not
come up to the expectation and have failed the constitution.
• Therefore, even after five decades of independence, labourers in these areas
are exploited, despite best intentions of the constitution. Much is required to
be done.
The Bonded Labour
System
(Abolition)Act, 1976
 Introduction
• Generally, Bonded labour means, forced labour analogous to slavery.
• Civilised form of slavery is bonded labour.
• Justice Krishna Iyer rightly calls bonded labour as quasi slavery.
• Bonded Labourers are those persons who are bound to perform
certain services.
• A bond is forged between two persons, one bond master and
another bondman.
• The dawn of independence in 1947, freed the people from political slavery &
adoption of the constitution in 1950 conferred Fundamental rights on the
citizens.
• However, the bonded labour system continued unabated apparently in glaring
form in mines, stone quarries & crushers, brick kilns, tanneries, hotels, house
hold work and agricultural fields & plantations.
• The bonded labour system which essentially involves payment of a small
advance in cash or kind to the debtor & getting it repaid in the form of labour
or service almost endlessly and sometimes for generations, not only negates
the alienable human rights but is also an anathema to all the cherished values
of human freedom, dignity, decency & equality.
• Therefore to abolish this, parliament enacted ‘’The Bonded Labour system
(Abolition) Act, 1976.
• It is sometimes difficult to define bonded labour as it varies
depending upon the arrangement, the region and the customs
involved.
• The Royal Commission on labour in India, 1931 defined bonded
labour as-the labourer who borrows money from the landlord under a
contract to work until the debt is repaid.
• The debt tends to increase rather than diminish and the man, and
sometimes his family, is bound for life.
• The common features of this social system are:
a. Obligation
b. Force AND
c. Curtailment of liberty
• Compulsions arising from hunger, poverty, want and destitution
derives the helpless labourer to the doors of the mighty landlord for
less than minimum wage.
• In case of debt bondage, the labourer usually takes a loan from an
employer and in turn mortgage his labour to the employer until the
loan is repaid with or without interest.
• His wages are so fixed that he can hardly make both ends meet and is
not in a position to pay back the loan.
• In this way, debt bondage ties a labour to a particular master.
 Causes of bonded labour
• Divided into two-
a. Economic cause
b. Social cause
Economic cause
1. Poverty:
• Bonded labour has its roots in poverty due to the fact that hunger and
poverty go together.
• Due to poverty, there is a reduction in the capacity to procure food
leading to hunger.
• In order to overcome this crisis, the poor are left with no choice but
to take a loan for consumption which ultimately drives them into
bondage.
2. Indebtedness:
• Rural indebtedness is another major contributing factor to bonded
labour.
• The various needs of the agricultural poor who are forced to take
loans at high rate of interest from private money lenders and the
absence of institutional lenders leads them to extreme poverty and
hence eventually get pushed into bonded labour.
3. Unemployment:
• People from poor and rural sections who fail to obtain formal
education have no chance of entering into formal employment.
• The fragmented pieces of land also fail to produce enough to sustain
a family.
• They are left with no choice but to mortgage their labour for food
with the land lord.
4. Landlessness:
• The state of landlessness refers to a situation where a person has no
permanent source of livelihood.
• If this persists, their economic situation becomes hopeless where
they are forced to take loan and upon failure to repay, enter into
bondage.
Social cause
1. Illiteracy:
• Education plays an important role in the development of an
individual.
• It is through education that a person becomes aware of his rights.
• Those who lack awareness are easily exploited and remain exploited.
• Also lack of ability to read and write makes it difficulty to find
employment for oneself.
2. Caste Structure:
• The caste structure is another reason responsible for bondage in
India where, people belonging to scheduled castes were
impoverished and forced to sell their labour doing mental jobs.

3. Social customs and traditions:

• Social customs, traditions and certain events such as marriage, child
birth and death in the family add new dimensions to reality where the
poor are forced to take loans which in turn may push them into
bonded labour upon failure to repay the loan.
 Features of Bonded labour
a. A bonded labour is one who mortgages his labour for money or kind
or both
b. The wages are paid in advance, partially or entirely.
c. A bonded labourer has to work with his creditor until the debt is
paid back or the stipulated period is over.
d. Bonded labour does not necessarily belong to a particular caste or
community but it depends upon poverty and helplessness of the
labourer.
e. The agreement between the creditor & the debtor (bonded)
usually relates to the period of work, nature of work, amount to be
paid and mode of payment. Contract may be oral as well.
f. During the subsistence of the contract, a bonded labourer is paid
nominal wages which are lower than the prescribed wages. He may be
provided with daily meals and sometimes a residence also.
g. A bonded labour is not entitled for holidays. If he absents himself, he
has to give a substitute or compensate the days of absence by doing
extra work.
 Constitutional Provisions
• The Constitution of India incorporates special provisions for the
eradication of this evil practice.
 Article 14: Guarantee equality before law and equal protection of
laws to all the persons residing within the territory of India.
 Article 21: Secures right to life and human dignity
Neeraja Chaudhary v. State of Madhya Pradesh
• Court held that failure on part of the state to rehabilitate freed
bonded labourers is a violation of their right to live with human
dignity under Article 21 of the Constitution.
Article 23: Prohibits Traffic in human being and beggar and other forms
of forced labour.
• It further provides that any contravention of the said prohibition shall
be an offence punishable in accordance with the law.
 Article 35(a)(ii) of the constitution not only confers the power on
Parliament to provide for punishment for the contravention of the said
provisions of Article 23(1) but expressly takes away the power of the
State Legislature to make any legislation with regard to the said matter.
 Accordingly, the Bonded labour system ordinance, 1975 was
promulgated by the President in 1975.
 By the said ordinance, the bonded labour system was abolished and
the bonded labourers were freed and discharged from any obligation to
render any bonded labour & their bonded debts were also extinguished.
 People’s Union of Democratic Rights v. Union of India
• Court held that, “the union of India, the Delhi Administration and the Delhi
Development Authority cannot escape their obligation to the workmen to
ensure observance of the provisions of various labour law by its contractors
and for non-compliance with the laws by the contractors, the workmen
would clearly have a cause of actions against them as principal employers”.
• The Hon’ble SC of India dealt with the expression “other similar form of
forced bonded labour’’ envisaged in Article 23 of the Constitution of India.
• The Court gave the expression a wide interpretation to meet the objectives
of Article 23.
• The Court held that a person who has been forced to work as a bonded
labour and a person who is forced to work at a rate lesser than the
minimum wage due to his economic compulsion shall be dealt equally.
 Article 42: Provision for just & humane conditions of work and
maternity relief
• The State shall make provision for securing just & humane conditions
of work and for maternity relief.
 Article 43: A living wage, etc for workers
• The State shall endeavour to secure, by suitable legislation or
economic organization or in any other way, to all workers, agricultural,
industrial or otherwise, work and living wage, conditions of work
ensuring a decent standard of life and full enjoyment of leisure and
social and cultural opportunities and in particular, the state shall
endeavour to promote cottage industrial on an individual or co-
operative basis in rural areas.
 Public Union for Civil Liberties v. State of Tamil Nadu
• The question regarding rehabilitation of bonded labour.
• Going through the reports of the National Human Rights Commission
& expert group, the SC pointed out that the major issue in regard to
bonded labour was their rehabilitation.
• Therefore the Court issued directions to the State Govt & Union
Territories towards achieving such rehabilitation.
 Object of the Act
• The Bonded Labour System (Abolition) Act, 1976 is an Act –
to provide for the abolition of bonded labour system with a view to
prevent the economic and physical exploitation of the weaker
sections of the people and for matters connected therewith or
incidental thereto.
 Salient features of the Act-

Students to note: Explain all these features

in the light of provisions of the Act
• The Act makes bonded labour illegal and a cognizable offence punishable
with imprisonment upto 3 years with fine which may extend upto 2000
rupees. The salient features of the Act are:
1. The Bonded Labour system stands abolished (Act prohibits bonded
labour system)
2. Every bonded labourer shall stand freed and discharged from any
obligation to render forced labour.
3. Any obligation to repay bonded debt or part of it cannot be enforced
4. No suits or proceeding can be brought in the Civil Court or before any
authority for the recovery of bonded debts
5. Any decree or order for the recovery of bonded debt shall be
deemed to have been fully satisfied.
6. Any attachment made for recovery of bonded debt stands vacated
7. Any attachment of movable/immovable property stands vacated and
shall be restored to the bonded labour
8. The bonded labourer shall not be evicted from any homestead land
which he is in occupation under any obligation.
9. The Act provides for a vigilance committee, in each district & sub-
district for the purposes of compliance of the provisions of this Act
10. The Act is explicit on the point that bonded labour is paid less than
the prescribed wages and hence his wages are nominal and far below
the normal wages in the loacality.
11. Act is a social welfare legislation providing for socio-economic
justice to the weaker section of the society.
12. It extends to whole of India, came into force on 25th April, 1975 It
has been “enforced retrospectively” from the date of operation of the
ordinance.
Mukesh Advani v. State of MP
• related to bonded labour, the SC as a first step against exploitation of
workmen directed the Central Govt to issue notification specifying
minimum wages payable in stone mines.
 People’s union for Democratic Rights v. Union of India
• SC held that giving wages below the limits set by the Minimum
Wages Act would amount to forced labour
• This was a landmark decision of the SC which has made significant
contributions to labour laws.
• The Court gave a new dimensions to several areas, such as minimum
wage, employment of children, enforcement of labour laws and public
interest litigation.
 Bandhua Mukti Morcha v. Union of India
• SC issued directions for the release and rehabilitation of bonded
labourers engaged in the mining operations and issued specific
directions to the Govt of Haryana to ensure proper rehabilitation of
the fund bonded labourers.
 Definitions
Sec 2(a): “Advance”
Means an advance, whether in cash or kind, or partly in cash or partly in kind,
made by one person known as the creditor to another person known as the
debtor.
Sec 2(b): ‘’Agreement’’
Means an
• agreement (whether written or oral, partly written and partly oral)
• between a debtor and creditor and
• includes an agreement providing for forced labour, the existence of which is
presumed under any social custom prevailing in the concerned locality.
Sec 2(c): ‘’Ascendant or “descendant’’
Ascendant or descendant in relation to a person belonging to a matrimonial
society, means the persons who corresponds to such expression in
accordance with the law of succession in force in such society
Sec 2(d): ‘’Bonded debt’’
Means an advance obtained by a bonded labourer under the bonded labour
system.
Sec 2(e): ‘’Bonded labour’’
Means any labour or service rendered under the bonded labour system
Sec 2(f): ‘’Bonded labourer’’
Means a labourer who incurs, or has, is presumed to have, incurred, a
bonded debt.
Sec 2(g):’’Bonded Labour System’’
Means the system of forced, or partly forced, labour under which a
debtor enters, or is presumed to have, entered into an agreement with
the creditor to the effect that:
i. In consideration of an advance obtained by him or by any of his
lineal ascendants or descendants and also in consideration of the
interest, if any, on such advance.
ii. In pursuance of any customary or social obligation
iii. In pursuance of an obligation passing on to him by succession
iv. For any economic consideration received by him or by any of his
lineal ascendants or descendants
v. By reason of his birth in any particular caste or community, he would:
a) Render, labour or service to the creditor, for a specified or
unspecified period, with or without wages.
b) Forfeit the freedom of employment or other means of livelihood
for a specified or unspecified period.
c) Forfeit the right to move freely throughout the territory of india.
d) Forfeit the right to appropriate or sell at market value any of his
property or product of his labour or the labour of a member of his
family or any person dependant on him.
 Sec 3: Act to have overriding effect
The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any enactment other than
this Act, or in any instrument having effect by virtue of any enactment
other than this Act.
 Abolition of Bonded Labour
System
Sec 4: Abolition of bonded Labour System
• Upon commencement of this Act, the bonded labour system shall
stand abolished and every bonded labourer shall be discharged from
any obligation to render any bonded labour.
AND
• After Commencement of this Act, No person shall-
a) Make any advance under, or in pursuance of, the bonded labour
system
b) Compel any person to render any bonded labour or other form of
forced labour
 Sec 5: Agreement, custom, etc to be void
• According to sec 5 any custom, tradition, contract or agreement
which requires any person to do any work or render any service as a
bonded labourer, shall be void
 Bandhua Mukti Morcha v. Union of India
• It is an important decision of the SC relating to bonded labour
system.
• In this case, SC held that ‘’whenever it is shown that a labourer is
made to provide forced labour, the Court would raise a presumption
that he is required to do so in consideration of an advance, or other
economic consideration received by him & he is therefore a bonded
labour.
 Extinguishments of Liability to
repay bonded debt
Sec 6: Liability to repay bonded debt to stand extinguished
1. All bonded debts are deemed to be extinguished:
• On the commencement of this Act, every obligation of a bonded
labourer to repay any bonded debt, or such part of any bonded debt
as remains unsatisfied immediately before such commencement, shall
be deemed to have extinguished.
2. No suit shall be filed for recovery of bonded debt:
• After the commencement of this Act, no suit or other proceeding
shall lie in any Civil Court or before any other authority for the
recovery of any bonded debt or any part thereof.
3. Decree or order deemed to be fully satisfied:
Every decree or order for the recovery of bonded debt, passed before
the commencement of this Act and not fully satisfied before such
commencement, shall be deemed, on such commencement to have
been fully satisfied.

(That is, After the commencement of this Act, any order which was
passed before the commencement for the recovery of bonded debt,
need not be followed, if not satisfied.)
4. Attachment and recovery stand vacated:
• After the commencement of this Act, every attachment made before
the commencement of this Act, for the recovery of any bonded debt,
shall stand vacated.
• The attached property shall be returned to such labourer.
AND
• Where in pursuance of such attachment, any movable property of
the bonded labourer was seized and removed from his custody and
kept in the custody of any court or other authority pending sale
thereof, such movable property shall be restored, as soon as
practicable, after such commencement, to the possession of the
bonded labour.
5. Property should be restored:
Before the commencement of this Act, if possession of any property
belonging to a bonded labourer was forcibly taken over by a creditor for
the recovery of any bonded debt, such property shall be restored.
6. Application if the property is not restored:
• If restoration of any property referred in sub sec 4 or 5 is not made
within 30 days from the commencement of this Act, the aggrieved
person may, apply to the Appropriate authority for the restoration of
such property.
• The Authority may after giving the creditor, a reasonable opportunity
of being heard, direct the creditor to restore the possession of the
concerned property within such time as may be specified.
7. Order by prescribed authority, deemed to be order by civil court:
• An order made by any prescribed authority under sub sec 6 shall be deemed to be
an order made by a civil court.
8. Sale of the attached property before the Act will not get affected:
• If any attached property was sold before the commencement of this Act, in
execution of an order for the recovery of a bonded debt, such sale shall not be
affected by any provision of this Act.
9. Pending suit shall stand dismissed:
• After the commencement of this Act, if any suit or proceeding, for the enforcement
of any obligation under the bonded labour system, is pending such suit or other
proceeding shall, stand dismissed.
10. Bonded labourers detained in prison shall be released:
• On the Commencement of this Act, every bonded labourer who has been detained
in civil prison, whether before or after judgement, shall be released from detention
forthwith.
 Sec 7: Property of bonded labourer to be freed from mortgage, etc.:
• All property vested in a bonded labourer which was immediately
before the commencement of this Act under any mortgage, charge,
lein or other encumbrances in connection with any bonded debt, shall
be discharged from such mortgage, charge, lein or other
encumbrances, and be restored to the possession of the bonded
labourer.
• If any delay is made in restoring any property, such labourer shall be
entitled, to recover from the mortgagee or holder of the lein, charge
or encumbrance, such mesne profits as may be determined by the
civil court.
8. Freed bonded labourer not to be evicted from homestead, etc.:
• Sec 8 of the Act provides that a freed bonded labourer shall not be
evicted from homestead.
• No person who has been discharged from any obligation to render any
bonded labour under this Act, shall be evicted from any homestead or
other residential premises which he was occupying immediately before
the commencement of this Act as part of the bonded labour.
• After the commencement of this Act, if any such person is evicted by
the creditor from any homestead or other residential premises, the
executive magistrate in charge of the sub-division within which such
homestead or residential premises is situated shall, as early as
practicable, restore the bonded labourer to the possession of such
homestead or other residential premises.
Sec 9: Creditor not to accept payment against extinguished debt
1. No creditor shall accept any payment against any bonded debt which has
been extinguished or deemed to have been extinguished or fully satisfied by
virtue of the provisions of this Act.
2. Whoever contravenes the provisions of the sub-sec 1 shall be punishable
with imprisonment for a term which may extend to three years and also with
fine.
3. The Court convicting any person under sub sec 2 in addition to the penalties
which may be imposed, direct the person to deposit the amount accepted, in
the court, in the order for being refunded to the bonded labourer.
 Kahaosan Thangkkul v. Simirai Shaik
• In Manipur, there was a custom for each of the house holder to offer one
day’s free labour to headman of the village.
• The court held it as violation of Article 23 of the constitution.
 Implementing authorities
Sec 10: Authorities who may be specified for implementing the
provisions of this Act
• The State Govt may confer such powers and impose such duties on a
District Magistrate as may be necessary to ensure that the provisions
of this Act are properly carried out.
• The District magistrate in turn may specify the officer, subordinate to
him, who shall exercise all or any of the powers and perform such
duties, within the limits so specified.
 Sec 11: Duty of District Magistrate and other officers to ensure credit
• The District Magistrate authorized by the State Govt under sec 10
and the officer specified by the District Magistrate shall, as far as
possible, try to promote the welfare of the freed bonded labourer by
securing and protecting the economic interests of such labourer so
that he may not have to contract any further bonded debts.
 Sec 12: Duty to District Magistrate and officers authorised by him
• It shall be the duty of every District Magistrate and every officer
specified by him under sec 10 to inquire whether, after the
commencement of this Act, any bonded labour system or any other
form of forced labour is being enforced by, or on behalf of any person
resident within the local limits of his jurisdiction.
• As a result of such inquiry, if any person is found to be enforcing
bonded labour system or any other system of forced labour, he shall
take such action as may be necessary to eradicate the enforcement of
such forced labour.
• The District Magistrate is obligated to investigate and eradicate
bonded labour.
 Therefore, in Public Union for Civil liberties v. State of Tamil Nadu,
the court directs the District Magistrates to effectively implement sec
10, 11 and 12 of the Act and is expected to discharge their functions
with due deligence, with empathy & sensitivity, taking note of the fact
that the Act is a welfare legislation.
P. Sivaswamy v. State of Andra Pradesh
• It was held that, whatever rehabilitation is provided to the freed
bonded labourers must be provided in the presence of a
representative of such social action groups or voluntary agencies so as
to ensure that rehabilitation provisions actually reach the hands of
such labourers.
 Balaram v. State of Madhya Pradesh
• SC gave directions to the State, Central govt and the officials to take
steps for rehabilitation of children after their bondage.
 Jai Singh v. State of Punjab
• Where family members of petitioners were made to work in
obligation of loan advanced, it was held that it is a clear violation of
mandate given under Article 23 of the Constitution and Bonded
Labour system (Abolition) Act, 1976.
• Hence, District Magistrate was directed to take immediate action
under sec 12 of the Act.
 Bandhua Mukti Morcha v. Union of India
• The PIL was filed before the SC under Article 32 of the Constituition to
issue appropriate directions for the prohibition of Bonded labour.
• The petitioner conducted a survey in stone quarries situated in
Faridabad district.
• It was found by the petitioner that they were living in substandard
conditions.
• There were a lot of middlemen who extracted the money from the
workmen as Commission.
• The court directed the Central Govt and the state of Haryana to
construct washrooms, suitable drinking facilities, provide medical kits
so as to raise the living standards of the workmen.
• The Court directed the central govt to conduct inspection every
fortnight and in case, any workman is found in a distressed condition,
he should be provided medical and legal assistance.
• The Court went on to observe that, the right to live with human
dignity enshrined in Article 21 derives its life breath from the DPSP
and particularly clauses (e) and (f) of Article 39 and Article 41 & 42
and at the last, therefore, it must include protection of health and
strength of workers men and women and to the tender age of
children against abuse, opportunities and facilities for children to
develop in a healthy manner and in conditions of freedom & dignity,
educational facilities, just & humane conditions of work and
maternity relief.
• These are the minimum requirements which must exist in order to
enable a person to live with human dignity and no state neither the
Central govt nor any state govt has the right to take any action which
will deprive a person of the enjoyment of these basic essentials.
 Vigilance Committees
Sec 13: Vigilance Committee
• Provides for establishment of vigilance committee. It provides that-
1. Every State Govt shall constitute Vigilance Committees in each district and
each sub-division as it may think fit.
2. Each vigilance Committee constituted for a District shall consist of the
following members namely:
i. The District Magistrate, or a person nominated by him, as the Chairman
ii. 3 persons belonging to the Scheduled Castes or Scheduled Tribes and residing
in the district, to be nominated by the District Magistrate
iii. 2 social workers, resident in the district, to be nominated by the District
Magistrate.
iv. Not more than 3 persons to represent the official or non-official agencies in the
district connected with rural development, to be nominated by the State Govt.
v. One person to represent the financial & credit institutions in the district, to be
nominated by the district.

3. Each vigilance committee constituted for a sub-division, shall consist of the

following members, namely:
i. The sub-divisional Magistrate or a person nominated by him, who shall be
the chairman.
ii. 3 persons belonging to the Scheduled Castes or Scheduled Tribes & residing
in the Sub-division, to be nominated by the Sub-divisional Magistrate
iii. 2 social workers, resident in the sub-divisional to be nominated by the sub-
divisional Magistrate.
iv. Not more than 3 persons to represent the official or non-official agencies
in the sub-division connected with rural development to be nominated by
the district magistrate.
v. 1 person to represent the financial & credit institutions in the sub-division,
to be nominated by the sub-divisional Magistrate.
vi. One officer specified under sec 10 and functioning in the sub-division.

4. Each vigilance committee shall regulate its own procedure and

secretarial assistance, as necessary, shall be provided by:
i. The District Magistrate, in case of a Vigilance Committee
ii. the sub-divisional magistrate, in the case of a vigilance committee
constituted for the sub-division.
5. No proceeding of a vigilance committee shall be invalid merely by
reason of any defect in the constitution, or in the proceedings of the
vigilance committee.
 Neeraj Chaudhary v. State of Madhya Pradesh
• Court held that, constitution of the vigilance committee would not be
enough to achieve the objective of the Act.
• Social action groups working amongst the poor, must be involved in
the task of identification and release of bonded labour.
 Sec 14: Functions of Vigilance Committee
a. To advice the District Magistrate or any officer authorised by him as
to the efforts made and action is taken, to ensure that the provisions
of this Act or of any rule made thereunder are properly implemented
b. To provide for the economic & social rehabilitation of the freed
bonded labourers
c. to co-ordinate the functions of rural banks and co-operative
societies ensure adequate credit to the freed bonded labourer.
d. to keep an eye on the number of offences of which cognizance has
been taken under this Act.
e. to determine if there is any offence of which cognizance has to be
taken under this Act.
f. To defend any suit instituted against a freed bonded labourer or a
member of his family or any other person dependant on him for the
recovery of any bonded debt.
 A vigilance committee may authorize one of its members to defend a
suit against a freed bonded labourer.
 Neeraj Chaudhary v. State of Madhya Pradesh
• Court held that failure on part of the state to rehabilitate freed
bonded labourer is a violation of their right to live with human dignity
under Article 21 of the constitution.
 Sec 15: Burden of proof
• Whenever a debt is claimed to be a bonded debt by a bonded
labourer or a vigilance committee, the burden of proof that such debt
is not a bonded debt, shall lie on the creditor.
Offences and procedure for trial
Sec 16: Punishment for enforcement of bonded labour
• If any person after the commencement of this Act, compels another
person to render any bonded labour shall be punishable with
imprisonment for a term, which may extend to 3 years and also with
fine, which may extend to 2000 rupees.
Sec 17: Punishment for advancement of bonded debt
If any person, after the commencement of this Act, advances bonded
debt, he shall be punishable with imprisonment for a term, which may
extend to 2000 rupees.
 Sec 18: Punishment for extracting bonded labour under the bonded
labour system
• If any person, after the commencement of this Act, enforces any
custom, tradition, contract or agreement due to which a person is
required to render any service under the bonded labour system shall
be punishable with imprisonment for a term which may extend to 3
years and also with fine which may extend to 2000 rupees.
• From the fine collected, the bonded labourer shall be paid 5 rupees
for each day for which the bonded labour was extracted from him.
 Sec 19: Punishment for Omission or failure to restore possession of
property to bonded labourers.
• Any person who is required under this Act to restore any property to
the bonded labourer, fails to do so, within a period of 30 days from
the commencement of this Act, shall be punishable with
imprisonment for a term which may extend to 1 year or with fine
which may extend to 1000 rupees or both.
• From the fine collected, bonded labourer shall be paid 5 rupees for
each day for which the possession of the property was not restored to
him.
 Sec 20: Abetment to an offence
• If any person abets any offence punishable under this Act, whether or
not the offence is committed, shall be punishable with the same
punishment as is provided for the offence, which has been abetted.
Sec 21: Offences to be tried by Executive Magistrate
• The State govt may confer, on an Executive Magistrate, the powers of
a judicial Magistrate of the First class or the second class for the trial
of offences under this Act and on such conferment of powers, the
Executive Magistrate, on whom the powers are so conferred, shall be
deemed, for the purposes of the Code of Criminal Procedure to be a
Judicial Magistrate of the First class or of the second class, as the case
may be.
 Sec 22: Cognizance of offence
• Every offence under this Act shall be cognizable and bailable.

 Jurisdiction of civil courts barred:

• No Civil Courts shall have Jurisdiction in respect of any matter to
which any provision of this Act applies and no injunction shall be
granted by any civil court in respect of anything which is done or
intended to be done by or under this Act.
 Miscellaneous
Sec 26: Power to make rules
1.The central govt may by notification in the official gazette make rules for
carrying out the provisions of this Act.
2. The rules may provide for:
i. The authority to which application for the restoration of possession of
property has to be made under sec 6
ii. The time within which application for restoration of possession of
property is to be made under sec 6
iii. Steps to be taken by vigilance committee under sec 14, to ensure the
implementation of the provisions of this Act.
iv. Any other matter which may be prescribed.
 The Equal
Remuneration Act,
1976
 Introduction
• The Equal Remuneration Act in India was enacted to prevent
discrimination between workers on grounds of gender.
• The purpose of the Act is to make sure that employers do not
discriminate on the basis of gender, in matters of wage fixing,
transfers, training and promotion.
• It provides for payment of equal remuneration to men and women
workers, for same work or work of similar nature and for the
prevention of discrimination against women in the matters of
employment.
• The basis of the law contained in the Act is the incorrectness of the
presumption that the quality or quantity of the work performed by a female
worker would be inferior to that performed by a male worker.
• By legislating for inequality of payment of remuneration to both male and
female workers, the Act aims at ensuring natural justice.
• Act applies to cases of unequal scales of pay based on no classification or
irrational classification to those drawing the different scales of pay do
identical work under the same employer.
• Where all things are equal- that is where all relevant considerations are the
same, persons holding identical posts may not be treated differently in the
matter of pay merely because they belong to different departments.
• Article 39(d) of the constitution, being a Directive Principles of State Policy,
directs that- State shall direct its policy towards securing that there is equal
pay for equal work for both men and women.
• Sec 2(h) defines “same work or work of a similar nature” means
work in respect of which the skill, effort and responsibility required
are the same, when performed under similar working conditions, by a
man or a woman and the differences, if any, between the skill, effort
and responsibility required of a man and those required of woman
are not of practical importance in relation to the terms and conditions
of employment.
• Even though the Act is at most places quick to resolve the differences
between the two expressions “same” and “similar”, it lays down that
it is important for the claimant to establish the existence of similar
working conditions for both men and women employees.
• Thus, where work during night time is payable for at higher rates, a
woman employee working only during the day time would not be
justified in claiming equal rates of remuneration with a man doing the
same work during the night time.
• Just in the manner that a female employee is protected against
discrimination from a male employee in respect of rates of
remuneration, the Act is equally protective to the male employee
against any possible discrimination from the female employee.
• In other words, the employer shall not pay any lower rate of
remuneration to a male employee than what he would pay a female
employee performing some work, or work of a similar nature and
under similar conditions.
• The Act recognises the reality that discrimination between the two
genders of workers may become inevitable despite the existence of
similar working conditions.
• There are certain kinds of work which a female employee is not
physically or mentally structured to perform.
• In such a cases, the denial of work opportunity to a female employee
would not amount to discrimination on the ground of gender.
• The Act precludes an employer from committing discrimination only
in respect of rates of remuneration and not in respect of allocation
of different kinds of work.
• The Act also extends its hold over gender discrimination in
recruitment of workers for the same work or the work of a similar
nature.
• The only exception is that where the employment of woman in such
work is expressly prohibited or restricted by any other law for the
time being in force.
• The hold of the Act extends even subsequently in respect of
discrimination in promotions, training or transfer.
Constitutional dimensions
• Equal pay for equal work as a phase is not expressly mentioned in the
chapter on Fundamental rights of Indian Constitution yet there can be
no second thought on the point whether it is fundamental right or
not.
• There are number of provisions in the Constitution of India that
ensure that there is equal pay for equal work in India.
• The principle of equal pay for equal work is contained in clause (d) of
Article 39 of the Indian Constitution.
• This principle implies that where all things are equal –that is, where all
relevant considerations are the same, persons holding identical posts
may not be treated differently in the matter of their pay merely because
they belong to different departments.
• Equal pay for equal work finds its place in the DPSP and it is an
accompaniment of equality clause enshrined in Article 14 and 16 of the
Constitution of India.
• Nevertheless, the abstract doctrine of equal pay for equal work cannot
be read in Article 14.
• Article 39(d) envisages that the state shall, in particular, direct its policy
towards securing that there is equal pay for both men and women.
 Randhir Singh v. Union of India,
• Supreme Court held that the principle of equal pay for equal work
though not a Fundamental Right is certainly a constitutional goal and
therefore capable of enforcement through constitutional remedies
under Article 32 of the Indian Constitution.
• It is not an abstract doctrine but one of its substance, it can be
deduced from Article 14 and 16.
• The word socialist in the Preamble must at least mean equal pay for
equal work.
 State of AP v. Sreenivasa Rao
• Equal pay for equal work does not mean that all the members of a
cadre must receive the same pay, irrespective of their seniority,
source of recruitment, educational qualifications.
• Higher pay to junior would be arbitrary on its face but equality
doctrine cannot be invoked where there is a justiciable grounds in
doing so.
 Article 14: Men and women to have equal rights & opportunities in the political,
economic & social spheres.
 Article 15(1): Prohibits discrimination against any citizen on the grounds of
religion, race, caste, sex etc.
 Article 15(3): Special provision enabling the state to make affirmative
discriminations in favour of women.
 Article 16: Equality of opportunities in matter of public appointments for all
citizens.
 Article 39(a): The state shall direct its policy towards securing all citizens men
and women, equally, the right to means of livelihood.
 Article 39(d): Equal pay for equal work for both men and women.
 Article 42: The state to make provision for ensuring just and humane conditions
of work and maternity relief.
 Article 51(A)(e): To renounce the practices derogatory to the dignity of women.
 Salient features of the Act

Students to note: Explain all these features

in the light of provisions of the Act
• The Act prohibits discrimination based on gender in recruitment and
payment of remuneration.
• Any person/employer who contravenes such provisions of the Act
shall be punishable with fine which shall not be less than 10,000
rupees which may extend to 20,000 rupees or with imprisonment for
a term which shall not be less than 3 months but which may extend to
1 year or with both for the first offence, and with imprisonment which
may extend to 2 years for the second and subsequent offences.
1. The remuneration paid by the employer to any worker employed in the
establishment shall not be less than the remuneration paid by him to the
workers of the opposite sex in the establishment for performing the same
work.
2. No employer shall reduce the rate of remuneration of any worker, for the
purpose of complying with the provisions of this Act.
3. The Act provides for the maintenance of such registers and other
documents in relation to the workers employed by him as may be
prescribed.
4. The Act provides for punishment for contravening provisions of the Act,
such as:
i. Makes any recruitment in contravention with the provisions of the Act
ii. Makes any payment or remuneration at unequal rates to men and
women worker, for the same work or work of a similar nature.
iii. Makes any discrimination between men and women workers in
contravention of the provisions of this Act.
iv. Omits or fails to carry out any direction made by the appropriate govt.

5. Companies and individual employers can both be held accountable to

maintain the standards prescribed under this Act.
6. Nothing in this Act shall apply:
i. To cases affecting the terms & conditions of a woman’s employment in
complying with the requirements of any law giving special treatment to
women.
ii. To any special treatment accorded to women in connection with the birth
or expected birth of a child, or the terms & conditions relating to
retirement, marriage or death or to any provision made in connection
with the retirement, marriage or death.
7. Advisory committees to promote employment opportunities for
women.
8. Appointment of officers for hearing the complaints
9. Appointment of Inspector for investigation and administration of the
Act.
• main objective of the Act is gender equality, but by deciding different
cases, Supreme Court has extended its applicability generally to
Article 14 and 16 of Indian Constitution.
 Dharwad District P.W.D. Literate Daily Wage Employees Association v.
State of Karnataka and another
• Equal Remuneration Act was enacted for providing Equality of pay for
work between men and women which is the part of the principle
equal pay for equal work.
• The daily rated and monthly rated employees, state of Karnataka is
entitled to pay like regular employees.
• Therefore, the govt must pay salary to such workmen at the rate
equivalent to the minimum pay in the pay scale of the regularly
employed workers.
 Randhir Singh v. Union of India
• SC has held that although the principle of equal pay for equal work is
not expressly declared by our Constitution as a fundamental right, but
it is certainly a constitutional goal under Article 14, 16 and 39(c) of
the Constitution.
• Therefore, this right can be enforced in cases of unequal scales of pay
based on irrational classification.
 Frank Anthony Public School Employees Association v. Union of India
• the court struck down section 12 of the Delhi School Education Act as
unconstitutional on the ground that it was violative of Article 14 as it
made discrimination in pay and other conditions of service of school
teachers mainly on the grounds of aided schools and unaided minority
schools.
 Dhirendra Chamoli v. State of UP
• It has been held that the principle of equal pay is also applicable to
casual workers employed on daily wage basis.
• Thus, it was held that persons employed in Nehru Yuwak Kendra in the
country as casual workers on daily wage basis were doing the same
work as done by Class IV employees appointed on regular basis and
therefore entitles to same salary and conditions of work.
 State of Punjab and Ors v. Jagjit Singh and Ors,
• SC has held that the principle of equal pay for equal work has to be
made applicable to those engaged as daily wagers, casual and
contractual employees who perform the same duties as the regulars.
Definitions:
Sec 2(a): ‘’Appropriate Government” in relation to-
i. Any employment carried on under the authority of the Central Govt
or a railway administration, or in relation to a banking company, a
mine, oilfield or major port or any corporation established by or
under a Central Act, the Central Government.
ii. Any other employment, the State Government
 Sec 2(g): ‘’Remuneration”
• means the basic wage or salary, and any additional emoluments
whatever payable, either in cash or in kind, to a person employed in
respect of employment or work done in such employment, if the
terms of the contract of employment, express or implied, were
fulfilled.
 Sec2 (h): ‘’same work or work of a similar nature’’
• means work in respect of which the skill, effort and responsibility required are the
same, when performed under similar working conditions, by a men or a woman and
the differences, if any, between the skill, effort and responsibility required of a man
and those required of a woman are not of practical importance in relation to the
terms and conditions of employment.
• Essential conditions:
1. Work in respect of which the skill, effort and responsibility required are the same.
2. When performed under similar conditions.
3. by a man or woman
4. If differences any-
5. Between the skill, effort and responsibility required of a man and those required of
woman are not of practical importance in relation to the terms and conditions of
employment.
• Equal remuneration Act lays stress upon the similarity of the skill effort and
responsibility when performed under similar conditions.
 State of MP v. Pramod Bhartiya
• Conditions of service of teacher working in Higher Secondary School in the State of MP were
governed by a set of rules.
• In the state of MP, there is another set of schools called technical schools.
• These are also Higher Secondary schools and in these teachers are categorized as technical
teachers & non-technical teachers.
• The service of teachers in the school is governed by another set of rules.
• It was held that, it is not enough to say that the qualifications are the same, nor is not enough
to say the schools are of the same status.
• It is also not sufficient to say that the service conditions are similar.
• What is more important is, whether they discharge similar duties, functions and
responsibilities.
• Though the Equal pay for equal work is mainly directed against discrimination against
workmen and is not applicable to teachers or establishments to which they belong, yet the
relevance of the said definition cannot be denied.
• This is an enactment made to give statutory shape to the rule of equal pay for equal work
both for men and women.
 M.P. Rural Agricultural Extension Officers Association v. State of MP
and another
• Rural agricultural extension officers who only matriculated, they
complained that they were not paid the same as was paid to those
who were graduates under the rules.
• SC observed that a policy decision has been adopted by the state that
the Post of Extension officers should be filled up only by graduates.
• The different scale was provided by the state for the non-graduates
with a view to avoiding any discrimination among new recruits and
the serving employees who possessed the graduate qualification, the
state granted a higher scale of pay also for the existing degree
holders.
• In making such a grant, the State was not acting illegally.
 Mewa Ram v. A.I.I.M.S,
• The SC has held that if the duties & functions are of similar nature but
if educational qualifications prescribed for the two posts are different
and there is difference in measures of responsibilities, the principle of
equal pay for equal work would not apply.
• Thus, different salaries can be given to Hearing Therapists and
Audiologists in A.I.I.M.S due to difference in educational
qualifications.
Government of West Bengal v. Tarun K. Roy
• the SC held that, equal pay for equal work would not apply where
educational qualification and other considerations such as source of
recruitment and nature of work done, vary between two classes of
employees, although nature of work done is the same.
  Sec 2(i): Worker
• means a worker in any establishment or employment in respect of
which this Act has come into force.
 Associated Bank officers Association v. State Bank of India
• It has been held that, the officers of the State Bank of India and
officers of subsidiary banks of State Bank of India are not in a
comparable position considering responsibilities of officers of the
State Bank of India.
• Thus, principle of equal pay for equal work could not be applied in
this case.
 Payment of remuneration at
equal rates to men and women
and other matters
Sec 4: Duty of employer to pay equal remuneration to men and women
workers for same work or work of similar nature
• Sec 4 provides for the payment of equal remuneration to both men and
women workers for the same work or work of similar nature.
1. The remuneration paid by the employer to any worker employed in
the establishment shall not be less favourable than the remuneration
paid by him to the workers of the opposite sex in the establishment
for performing the same work or work of similar nature.
2. Employer shall not reduce the rate of remuneration of any worker, for
the purpose of complying with the provision given under sub sec 1.
3. An establishment where the remuneration paid to men and women
before the commencement of the Act are different only on the grounds of
sex for the same work or nature of work, in such case- the highest of such
remuneration will be the rate at which remunerations will be paid to men
and women after the commencement of this Act.
 Ashok Kumar Garg v. State of Rajasthan
• SC held that, the question of equal work depends on various factors like
responsibility, skill, effort and condition of work.
• Burden of proof lies upon the workman claiming equal pay for equal work.
Mackinnon Mackenzie and Co. Ltd v. Avdrey D’Costa
• A female confidential stenographer after the termination of her service
filed a petition under equal remuneration Act complaining that during the
period of the service she was paid remuneration at lesser rates than those
of male stenographers who were also performing same or similar work.
• It was held that in order to get relief under section 4 of the Act, the
employee should establish that-
a. The remuneration paid by the employer whether payable in cash or kind
b. Discrimination on the basis of sex for payment of wages.
c. for performing same work or work of a similar nature.
• Whether the work is similar in nature as another work can be determined on
three considerations:
a. The authority should take a broad view as also a broad approach should be
adopted in ascertaining whether any differences are of a practical nature.
b. Actual duties performed should be looked at and not those theoretically
possible.
c. Where both men and women work at inconvenient times there is no
requirement that all those who work at night shall be paid the same basic rate
as those who work during normal day shifts.
• It was also held that the Act does not permit the management to pay to a section
of its employees doing the same work or work of a similar nature, a lesser pay
because of its financial position which does not permit payment of equal
remuneration to all.
• The applicability of the Act does not depend upon the financial ability of
Management to pay equal remuneration as provided by the Act.
 Sec 5: No discrimination to be made while recruiting men and
women workers
• It prohibits discrimination in recruitment between men and women.
• According to this section, no employer shall discriminate against women
during recruitment for the same work or work of a similar nature except
where the employment of women in such work is prohibited or restricted
by law for the time being in force. That is, there are certain places which
are hazardous for the employment of women, the section provides
immunity from employment at those places.
• This provision shall not affect any priority or reservation for Scheduled
castes or scheduled tribes, ex-servicemen, retrenched employees of any
other class or category of persons.
 Sec 6: Advisory Committee
• Act provides that, Advisory committee must be established by Appropriate govt
to advise it for increasing employment opportunities for women and the extent
to which women may be employed in establishments as the Central Govt may
specify.
• So that the govt can take all possible steps in making a change in the
remuneration policies of the employers in the country.
• Every advisory Committee shall consist of not less than 10 persons, nominated
by the Appropriate govt, of which one-half shall be women.
• While tendering advice, the Advisory Committee shall have regard to the
number of women employed in the concerned establishment or employment,
the nature of work, hours of work, suitability of women for employment, as the
case may be, the need for providing increasing employment opportunities for
women, including part-time employment, and such other relevant factors as the
Committee may think fit.
• Advisory Committee shall regulate its own procedure.
• The Appropriate govt may, after considering the advice tendered to it
by the advisory committee and after giving to the persons concerned
in the establishment or employment, an opportunity to make
representations, issue such directions in respect of employment of
women workers, as the appropriate govt may think fit.
• The Appropriate Govt may implement the policy as suggested by the
committee.
 Sec 7:Power of Appropriate Govt to appoint authorities for hearing
and deciding claims and complaints
• The Appropriate govt shall appoint officers, not below the rank of labour
officers and they are the authorities for the purpose of hearing and
deciding-
a. Complaints with regard to the contravention of any provision of this Act.
b. Claims arising out of non-payment of wages at equal rates to men and
women workers for the same work or work of a similar nature.
• The Appropriate Govt shall also define the local limits within which each,
such authority shall exercise its jurisdiction.
• Every complaint or claim shall be made in such manner as may be
prescribed.
• If any question arises as to whether two or more works are of the
same nature, it shall be decided by the authority appointed by the
Appropriate Govt.
• Where a complaint or claim is made to the authority appointed, it
may, after giving the applicant and the employer, an opportunity of
being heard and after such inquiry, direct:
a. In the case of a claim arising out of a non-payment of wages at
equal rates to men and women workers for the same work, that
payment be made equally.
b. In the case of complaint, that adequate steps be taken by the
employer so as to ensure that there is no contravention of any
provision of this Act.
• Every authority appointed by the Appropriate Govt under this Act, shall have all the
powers of a civil court under the Code of Civil Procedure for the purpose of:
a. Taking evidence
b. Enforcing the attendance of witnesses
c. Compelling the production of documents
• Any employer or worker aggrieved by an order made by the authority, may appeal to
such an authority as appropriate govt may specify within 30 days from the date of the
order.
• After hearing the appeal, appellate authority may confirm, modify or reverse the order.
• The appellate authority, if satisfied that the appellant was prevented by sufficient cause
from making the appeal within the specified period, allow the appeal to be made within
a further period of 30 days.
• Any money to be recovered from an employer due to the decision of an authority
appointed under this section, shall be done as per the provisions of the Industrial
Disputes Act.
 Miscellaneous
Sec 8: Duty of employers to maintain registers
• On and from the commencement of this Act, every employer shall
maintain such registers and other documents in relation to the
workers employed by him as may be prescribed.
 Sec 9: Inspectors
• Appropriate Govt may appoint Inspectors for the purpose of making an
investigation as to whether the provisions of this Act are being complied
with by the employers and may define the local limits within which an
Inspector may make such investigation.
• Every Inspector shall be deemed to be a Public servant within the
meaning of section 21 of the Indian Penal Code.
• An Inspector shall have following powers- Inspector may at any place
within the local limits of his jurisdiction:
a. Enter, at any reasonable time with such assistance, any building,
factory, premises or vessel.
b. Require any employer to produce any register or other documents
relating to the employment of workers and examine such documents
c. Take on the spot evidence of any person for the purpose of
ascertaining whether the provisions of this Act are being, or have been,
complied with.
d. Examine the employer, his agent or servant or any other person
found in charge of the establishment.
e. Make copies or take extracts from, any register or other document
maintained in relation to the establishment under this Act.
• Any person required to produce any document or information
required, by an inspector shall be legally bound to do so.
 Sec 10: Penalties
• Sec 10 provides penalties for contravening the provisions of the Act.
1. If any employer:
i. Omits or fails to maintain any register or other document in relation to
workers employed by him, or
ii. Omits or fails to produce any register, muster-roll or other document
relating to the employment of workers, or
iii. Omits or refuse to give any evidence or prevents his agent, servant, or
any other person in charge of the establishment, or any worker, from giving
evidence, or
iv. Omits or refuses to give any information,
• he shall be punishable with simple imprisonment for a term which may extend
to one month or with fine which may extend to ten thousand rupees or with
both.
2. If any employer:
i. makes any recruitment in contravention with the provisions of the Act.
ii. makes any payment or remuneration at unequal rates to men and
women worker, for the same work or work of a similar nature.
iii. Makes any discrimination between men and women workers in
contravention of the provisions of this Act.
iv. Omits or fails to carry out any direction made by the appropriate govt,
• shall be punishable with fine which shall not be less than ten thousand
rupees which may extend to twenty thousand rupees or with imprisonment
for a term which shall not be less than 3 months but which may extend to 1
year or with both for the first offence, AND with imprisonment which may
extend to 2 years for the second & subsequent offences.
3. If any person refuses to produce to an Inspector any register or
information, shall be punished with fine, which may extend to five
thousand rupees.

 In case of F.A.I.C and C.E.S. v. Union of India, SC held that different

pay scales can be fixed for govt servants holding same post and
performing similar work on the basis of difference in degree of
responsibility, reliability and confidentiality. The court held that equal
pay depends on the nature of work done and not mere volume of
work. There may be qualitative differences as regards reliability and
responsibility.
 Sec 13: Power to make rules
• Central govt may make rules for carrying out the provisions of this
Act, by notification.
• The rules may provide for:
 the manner in which complaint or claims shall be made
 the manner in which registers & other documents are to be
maintained
 any other matter which may be prescribed.
 The Inter-State
Migrant
Workmen(Regulation
of Employment and
conditions of
service)Act, 1979
 Introduction
• The employment system of inter-state migrant labour was
exploitative system prevalent more or less in all over India.
• This system lends itself to various abuses.
• Wages would be calculated on piece rate basis would not be settled
every month as promised.
• Once the worker came under clutches of the contractor he took him
to a far off place on payment of railways fare only.
• No working hours were fixed for inter-state migrant workers and they
had to work on all the days in a week under extremely bad working
conditions.
• Twenty eighth State Labour Ministers Conference held on 21st
October, 1976 recommended for settling up of a small compact
committee to examine all issues and suggest measures for eliminating
the abuses prevalent in the interstate workers deployment.
• The compact committee which was constituted in February 1977,
recommended the enactment of a separate central legislation to
regulate the employment of interstate migrant workers as it was felt
the provisions of the Contract Labour (Regulation and Abolition) Act,
1970, even after necessary amendments would not adequately take
care of the variety of malpractices indulged in by the principal
employers/contractors/Sardars/Khatedars etc. and the required
facilities to be provided to these workmen in view of the peculiar
circumstances in which they are working.
• The recommendations of the compact committee had been
examined in consultation with the state govts and the relevant central
ministries, Interstate Migrant Workmen (Regulation of Employment
and Conditions of service)Act, 1979 was passed by both houses of
Parliament and President of India gave his assent on 11th June, 1979.
• This Act makes provision for availing with the onsite services of
interstate workers by the contractors/establishments to overcome
only the temporary shortage of required skilled workers in a state.
• The purpose of this Act is not to encourage interstate migration of
workers against the interests of local workers as the principal
employers would have to incur more cost in deploying interstate
workers.
 International & National
instruments
• The international human rights like, UDHR, UCHR, ILO have
incorporated provisions for the protection of interstate migrant
workers.
• In India, they are protected by the Constitution under Article 19(1)
(d), 19(1)(e) & 19(1)(g).
 Object of the Act
• This Act aims to regulate the employment of inter-state migrant
workmen and to provide for their conditions of service and for
matters connected therewith.
 Application of the Act
• The Act applies to every establishment-
 in which 5 or more inter-state migrant workmen are employed OR
 were employed on any day of the preceding 12 months
• This Act is also applicable to-
 every contractor who employed 5 or more interstate migrant
workmen on any day of the preceding 12 months.
 Definitions
Sec 2(e): “Inter-State migrant workman”
• means any person who is recruited by or through a contractor in one
state under an agreement or other arrangement for employment in
an establishment in another State, whether with or without the
knowledge of the principal employer in relation to such
establishment.
  Labourers, Salal Hydro Project v. State of Jammu and Kashmir
The Court held that, workers recruited by Khatadars and brought from
other States for work in construction project carried on by Central Govt
or contractors or sub-contractors are Inter-State Migrant Workmen.
 Bandhua Mukti Morcha v. Union of India
SC held that, Thekedars or Jamadars engaged to recruit labourers or
workers forming lessees or owners from other States directly or
through labourers/ workers already working are contractors and the
persons so recruited are inter-state migrant workmen who are entitled
to benefits under this Act.
  Sibi Thomas v. State of Kerala
The Kerala High Court held that, on a perusal of the different provisions
of the Migrant Workmen (Regulation of Employment and Conditions of
Service) Act, 1989, any establishment or any contractor under such
establishment, who has procured or brought employees from other
states even under some oral or other arrangement, will be covered by
the provisions under the Act.
• Sec 2(b)-‘’Contractor” in relation to an establishment means
1. A person who undertakes (whether as an independent contractor,
agent, employee or otherwise)
2. to produce a given result for the establishment, other than a mere
supply of goods or articles of manufacture to such establishment
3. by the employment of workmen or to supply workmen to the
establishment, and
4. includes a subcontractor, Khatadar, Sardar, agent or any other
person, by whatever name called, who recruits or employs
workmen.
  Sec 2(j)- “Workman’’
• means any person employed in or in connection with the work of any
establishment to do any skilled, semi-skilled or unskilled, manual,
supervisory, technical or clerical work for hire or reward, whether the
terms of employment be expressed or implied, but does not include any
such person-
i. Who is employed mainly in a managerial or administrative capacity; or
ii. who, being employed in a supervisory capacity, draws wages
exceeding five hundred rupees per mensem, or exercises, either by
the nature of the duties attached to the office or by reason of the
powers vested in him, functions mainly of a managerial nature.
 Sec 2(g): “Principal employer”
refers to-
i. With respect to any office or department of the Govt or a local
authority, it shall be the head of that office, department or
authority or such other officer as the Govt or the local authority
specifies.
ii. With respect to a factory, the owner or occupier of the factory and
where a person has been named as the manager of the factory
under the Factories Act, the person so named.
iii. With respect to any other establishment, any person responsible
for the supervision and control of the establishment.
 Salient features of the Act

Students to note: Explain all these features in

the light of provisions of the Act
 The inter-State Migrant Workmen (Regulation of Employment and
conditions of Service)Act, 1979, seeks to regulate the employment of
Inter-State migrant workmen and to provide for their conditions of
service and for matters connected therewith.
 It provides for:
1. The proposed legislation will apply to every establishment in which
5 or more inter-state migrant workmen are employed or were
employed on any day of the preceding 12 months. It will also apply
to every contractor who employs or employed 5 or more Inter-State
migrant workmen on any day of the preceding 12 months.
2. The establishment proposing to employ Inter-State migrant workmen will
be required to be registered with registering officers appointed under the
Central Govt or the State Govts, as the case may be, depending on whether
the establishment falls under the Central Sphere or State sphere.
3. Every contractor who proposes to recruit or employ Inter-State migrant
workmen will be required to obtain a licence from the specified authority of
both, the State to which the workman belongs (home State) and the State
to which the workman belongs (home State) and the State in which he is
proposed to be employed (host State)
4. The Contractor will be required to furnish particulars regarding the
workmen in the prescribed form to the specified authority of both the
home State and the host State. The contractor will also be required to issue
to every workman employed by him, a pass book containing the details of
the employment.
5. Specific guidelines have been indicated regarding the wages payable to Inter-
State migrant workman and he is required to be paid wages from the date of his
recruitment.
6. The inter-state migrant workman will be entitled to a displacement allowance
and a journey allowance in addition to his wages.
7. The amenities that are required to be provided to the workman would include
provision of suitable residential accommodation, adequate medical facilities,
protective clothing to suit varying climatic conditions and suitable conditions of
work taking into account that they have migrated from another state.
8. Inspectors will be appointed by the Appropriate Govt to see that the
provisions of the legislation are being complied with. In addition, power has
been given to the state govt of the home state to appoint, after consultation with
the Govt of the host state, inspectors for visiting the establishments wherein
workmen from the former state are employed to see whether the provisions of
the legislation are being complied with in the case of such workmen.
9. The inter-state migrant workman may rise an industrial dispute
arising out of his employment either in the host state or in the home
state after his return to that state after the completion of the contract
of employment. He will also be permitted to apply for the transfer of
proceedings in relation to an industrial dispute pending before an
authority in the host state to the corresponding authority in the home
state on the ground that he has returned to the state after the
completion of his contract.
10. Deterrent punishments have been proposed for contravening the
provisions of this Act.
 Registration of establishments employing
inter-state migrant workmen
Sec 3: Appointment of registering officers
• According to sec 3, the Appropriate govt may, by order notified in the
official gazette appoint Government officers, as it deems fit to be
registering officers for the purposes of this chapter and also define
the limits, within which a registering officer shall exercise the powers
conferred on him.
 Sec 4: Registration of certain establishments
• Sec 4 lays down that:
1. Every principal employer of an establishment to which this Act
applies shall make an application to the registering officer, in the
prescribed manner along with such fees for the registration of the
establishment within the period as specified by the Appropriate
Govt.
However, the registering officer may accept an application for
registration after the expiry of the period fixed in that behalf, if the
registering officer is satisfied that the applicant was prevented by
sufficient cause from making the application in time.
2. Within 1 month of receiving an application for registration, the registering officer
shall:
a. If the application is complete in all respects, register the establishment and issue
to the principal employer of the establishment a certificate of registration in the
prescribed form.
b. If the application is not complete, return the application to the principal employer
of the establishment.

3. After receiving an application for registration of an establishment under this Act, if

the registering officer:
i. Does not grant the certificate of registration within a period of one month AND
ii. neither returns the incomplete application within a period of 1 month,
• the registering officer shall, within 15 days of receiving an application in this behalf,
from the principal employer, register the establishment and issue the certificate of
registration.
 Sec 5: Revocation of registration in certain cases
• Sec 5 provides for revocation of registration certificate issued under section 4.
• If the registering officer is satisfied, that:
i. The registration of any establishment has been obtained by
misrepresentation or suppression of information and facts.
ii. The registration has been obtained by fraud.
iii. The registration has become useless or ineffective and, therefore, requires to
be revoked,
• The registering officer, may, after giving an opportunity to the principal
employer of the establishment to be heard, revoke the registration and
communicate the written order to the principal employer.
• If the registering officer considers it necessary, he may, pending such
revocation, suspend the operation of the registration certificate for a period as
may be specified in the order and serve the order with reasons.
 Sec 6: Prohibition against employment of inter-state migrant
workmen without registration
• Sec 6 provides that, no principal employer of an establishment to
which this Act applies shall employ inter-state migrant workmen in
the establishment unless a certificate of registration has been issued
under this Act.
 Licensing of contractors
Sec 7: Appointment of Licensing officers
• Sec 7 provides for the appointment of Licensing officers for the
purpose of this Act.
• According to sec 7, the appropriate govt may, by order notified in the
Official Gazette appoint Govt officers, as it deems fit to be licensing
officers for the purposes of this Chapter and also define the limits,
within which a licensing officer shall exercise the powers conferred on
him.
 Sec 8: Licensing of contractors
1. The Act further lays down that, no contractor to whom this Act
applies shall:
i. Recruit any person in a state for the purpose of employing him in
any establishment situated in another state, except in accordance
with a licence issued by the licensing officer.
ii. Employ as workmen for the execution of any work in any
establishment in any state, persons from another state (whether or
not in addition to other workmen) except in accordance with a
licence issued by the licensing officer.
2. Subject to the provisions of this Act, a licence issued under sec 8, may
specify:
i. The terms and conditions of the agreement or arrangement under
which the workmen will be recruited.
ii. the remuneration payable
iii. Hours of work
iv. Fixation of wages
v. Other essential amenities in respect of the inter-state migrant
workmen.

3. The licensing officer may also require the furnishing of a security for the
performance of the conditions of the licence if satisfied from the person
who has applied for, or who has been issued a licence.
 Sec 9: Grant of licences
1. Every application for the grant of a licence under sec 8 shall be made in the
prescribed form and shall contain the particulars regarding:
i. The location of the establishment
ii. the nature of process
iii. Operation or work for which inter-state migrant workmen are to be employed
iv. other particulars as may be prescribed

2. The licensing officer may investigate the application received for ensuring the
correctness of the information/facts provided.
3. A licence granted u/s 8, shall be valid for the period specified and may be
renewed from time to time on payment of such fees and on such conditions as
may be prescribed.
 Sec 10: Revocation, suspension and amendment of licences
1. If the licensing officer is satisfied that:
i. A licence granted u/s 8 has been obtained by misrepresentation or
suppression of information/ fact.
ii. The licence holder has, without reasonable cause, failed to comply
with the conditions subject to which the licence has been granted.
iii. The licence holder has, without reasonable cause, contravened any
of the provisions of this Act,
• Then, the licensing officer may, after giving the holder of the licence
an opportunity to be heard, by order in writing, revoke the licence or
forfeit the security furnished by him u/s 8 of the Act.
2. Licensing officer may also suspend the operation of the licence for
such period as may be specified in the order and served to the licence
holder in writing.
3. The licensing officer may also vary or amend a licence granted u/s8.
 Sec 11: Appeal
1. Any person aggrieved by an order made u/s 4,5,8 or 10 may, within
30 days from the date on which the order is communicated to him,
make an appeal to an appellate officer who shall be a person
nominated in this behalf by the appropriate govt.
The appellate officer may accept the appeal after the expiry of
30 days, if he is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
2. On receipt of an appeal, the appellate officer shall, after giving the
appellant an opportunity of being heard, dispose of the appeal as
expeditiously as possible.
 Duties and Obligations of
Contractors
Sec 12: Duties of contractors
 It is the duty of every contractor:
• to furnish the required particulars in the prescribed form, to the
specified authority in the State from which an inter-state migrant
workman is recruited and in the State in which the workman is
employed, within 15 days from the date of recruitment, or, the date
of employment. If any changes occurs in any of the particulars so
furnished, such change shall be notified to the specified authorities of
both the States.
• To issue every inter-state migrant workman, a pass book having a
passport size photograph of the workman and indicating in Hindi and
English, and where the language of the workman is not Hindi or
English, also in the language of the workman:
a. The name and place of the establishment where the workman is
employed
b. The period of employment
c. The proposed rates and modes of payment of wages
d. The displacement allowances payable
e. The return fare payable to the workman on the expiry of the
employment period
• After the expiry of the employment period, facilitate a return
journey and furnish to the specified authority in the State from which
he is recruited and in the State in which he is employed, a declaration
that all the wages and other dues payable to the workman and the
fare for the return journey back to his State have been paid.

 Rajan Kudumbathil v. Union of India, the kerala high court held that,
a methodology shall be evolved to get migrant workers registered at
the Panchayat/corporation/district level to issue photo Identity cards,
making it mandatory for employers to report about such migrant
workers to the competent authority, if these workers are engaged by
them.
 Wages, welfare and other
facilities to be provided to inter-
state migrant workmen
Sec 13: Wage rates and other conditions of service of inter-state migrant
workmen
 provides for the wage rates, holidays, hours of work and other conditions
of service of an inter-State migrant workman:
1. Where the inter-state workman in any establishment, performs the same or
similar kind of work as it being performed by any other workman in that
establishment, the wage, rates, holidays, hours of work and other conditions
of service shall be the same as those applicable to other workmen.
2. In any other case, as prescribed by the appropriate Govt.
3. However, an Inter-State migrant workman shall in no case be paid less than
the wages fixed under the Minimum Wages Act, 1948.
 Sec 14: Displacement allowance
1. At the time of recruitment, the contractor shall pay a displacement
allowance equal to 50% of the monthly wages payable to him or 75
rupees, whichever is higher.
2. The amount paid to a workman as displacement allowance shall
not be refundable and shall be in addition to the wages or other
amounts payable to him.
 Sec 15: Journey allowance, etc
1. The Contractor shall pay a journey allowance of a sum not less than
the fare from the place of residence of the inter-State migrant
workman in his State to the place of work in the other State. The
journey allowance shall include both outward as well as return
expense.
2. The workman shall be entitled to payment of wages during the
period of such journeys as if he were on duty.
 Sec 16: Other facilities
• It shall be the duty of every contractor employing inter-state migrant
workmen in connection with the work of an establishment to which this Act
applies:
1. To ensure regular payment of wages to such workmen.
2. To ensure equal pay for equal work irrespective of sex
3. To ensure suitable conditions of work
4. To provide and maintain suitable residential accommodation to such
workmen during the period of their employment.
5. To provide the prescribed medical facilities to the workmen, free of charge.
6. To provide such protective clothing to the workmen as may be prescribed.
7. In case of fatal accident or serious bodily injury to any such workman, to
report to the specified authorities of both the states and also the next of
kin of the workman.
 Sec 17:Responsibility for payment of wages
1. A contractor shall be responsible for payment of wages to each inter-
State migrant workman employed by him and such wages shall be paid
before the expiry of such period as may be prescribed.
2. In case the contractor fails to make payment of wages within the
prescribed period or makes short payment, then the principal employer
shall be liable to make payment of the wages in full or the unpaid
balance due, to the inter-state migrant workman employed by the
contractor. The same may be recovered from the contractor either by
deduction from any amount payable to the contractor under any
contract or as a debt payable by the contractor.
 Sec 18: Liability of principal employer in certain cases
• If any allowances required to be paid by a contractor to an inter-state
migrant workman is not paid by the contractor or if any facility is not
provided for the benefit of such workman, such allowance shall be
paid or, as the case may be, the facility shall be provided, by the
principal employer
• All the allowances paid by the employer or all the expenses incurred
by him in providing the facility may be recovered by him from the
contractor.
 Sec 19: Past liabilities
• It shall be the duty of every contractor and every principal employer
to ensure that any loan given by such contractor or principal employer
to any inter-state migrant workman does not remain outstanding
after the completion of the period of employment of such workman.
• Every obligation of an inter-state migrant workman to re-pay any
debt obtained by him during the period of his employment from the
contractor or the principal employer, on competition of his contract of
employment, be deemed to have been extinguished and no suit or
other proceeding shall lie in any court or before any authority for the
recovery of such debt or any part thereof.
 Inspecting staff
Inspector-sec 20
1. The appropriate Govt may, by notification in the Official Gazette,
appoint such persons as it thinks fit to be inspectors for the
purposes of this Act, and define the local limits within which they
shall exercise their powers under this Act.
2. The inspector may:
a. Enter such premises where interstate migrant workers may be
employed for the purpose of:
i. Ensuring that the provisions of this Act relating to the payment of
wages, conditions of service, or facilities to be provided to such
workmen are being complied with.
ii. Examining any register or record or notices required to be kept or
exhibited under this Act.
b. Examine any person found in any such premises or place for the
purpose of determining whether such person is an inter-state migrant
workman.
c. Collect information regarding names and addresses of the persons to,
for and from whom the work is given out or received.
d. Seize or take copies of such register, record of wages, or notices that
may be relevant in respect of an offence under this Act which may have
been committed by a principal employer or contractor, and
3. A state Govt may appoint Govt officers to ensure that the provisions
of this Act are being complied with when it comes to any workmen
belonging to that State and employed in an establishment situated in
another State. However, no such order shall be issued without the
concurrence of the State Government in which such workmen are
employed.
 Dr. Damodar Panda v. State of Orissa
• the SC held that, officers of the home state must allowed by the host
state to hold inquiries in the host state regarding persons of the home
state working as migrant labour in the host state.
4. Any person required to produce any document or information
required, by an inspector shall be legally bound to do so under the
Indian Penal Code.
 Miscellaneous
Sec 21:Inter-state migrant workmen to be deemed to be in employment from the
date of recruitment for the purposes of certain enactments
Sec 22:Provisions regarding industrial disputes in relation to inter-state migrant
workmen

Sec 23: Registers and other records to be maintained

1. Every principal employer and every contractor shall maintain such registers and
records containing the particulars of the inter-state migrant workmen employed,
the nature of work performed by such workmen, the rates of wages paid to the
workmen and such other particulars in such form as may be prescribed.
2. Every principal employer and every contractor shall display a notice within the
premises of the establishment containing particulars about the hours of work,
nature of duty and such other information a may be prescribed.
 Sec 24: Obstructions
1. Whoever obstructs an inspector or an authorised person appointed
under sec 20 from discharging his duties under this Act or refuses or
wilfully neglects to afford the inspector or authorised person any
reasonable facility for making any inspection, examination, inquiry
or investigation, shall be punishable with imprisonment for a term
which may extend to 2 years, or with fine which may extend to 2000
rupees, or with both.
2. Whoever wilfully refuses to produce any register or document to
be maintained under this Act or prevents any person from being
examined by any inspector or authorised person under this Act,
shall be punishable with imprisonment for a term which may extend
to 2000 rupees or with both.
 Sec 25: Contravention of provisions regarding employment of inter-
State migrant workmen
• Whoever contravenes any provisions of this Act regarding the
employment of inter-state migrant workmen or the licence granted
under this Act, shall be punishable with imprisonment for a term
which may extend to one year, or with fine which may extend to 1000
rupees or with both.
• In the case of a continuing contravention, with an additional fine
which may extend to 100 rupees for every day during which such
contravention continues after conviction for the first such
contravention.
The Sexual Harassment
of Women at Workplace
(Prevention,
Prohibition and
Redressal)Act, 2013
 Introduction
• As a nation, we can no longer stay silent standby when women are
subject to sexual harassment and other gender-based discrimination
at the workplace.
• Earning a livelihood with dignity and harassment –free work
environment is a basic human right recognised as a fundamental right
by the Indian Constitution.
• To provide a definitive legal construct to combat the issue of sexual
harassment at workplace, India enacted the sexual harassment of
women at workplace (Prevention, Prohibition and redressal) Act, 2013
which is modelled on the Supreme Court Judgement in –Vishaka v.
State of Rajasthan
 Vishaka v. State of Rajasthan
• In 1992, A rural landscape agent, woman was engaged by the state of
Rajasthan –to work towards the prevention of the practice of child
marriages.
• During the course of her work, she prevented the marriage of one
year old girl in the community.
• She reported this to the local authority but no action was taken.
• That omission came at great cost. She was subsequently gang raped
by those very men.
• PIL was filed by Vishaka and other women groups against the state
and Union of India before Supreme Court of India.
• In this landmark judgement, the SC of India created legally binding
rules based on-
 right to equality and dignity
 UN Convention on the elimination of all forms of discrimination
against women.
• It included-
a. Definition of sexual harassment
b. Shifting accountability from individuals to institutions
c. Prioritising prevention
d. Provision of an innovative redress mechanism.
• SC defined sexual harassment- means any unwelcome, sexually
determined physical verbal, non-verbal conduct.
• Employer duty to ensure good working environment
• Redressal mechanism in the form of complaints committee
• Committee compulsory headed by women employee
• Guidelines for all public and private sectors
 India’s Innovative history in tackling workplace sexual harassment
begins from Vishaka Guidelines and subsequent legislation has given
critical visibility to the issue.
 In 2013, Govt of India notified sexual harassment of women at
workplace (prevention, prohibition and redressal) Act.
 Object of the Act:

• to provide protection against sexual harassment of women at

workplace
• for the prevention and redressal of complaints of sexual harassment
• and for matters connected to that
• Sexual harassment results in violation of fundamental rights of a
woman under article 14,15,19 and 21.
• The protection against sexual harassment and the right to work with
dignity are universally recognized human rights by International
Conventions and instruments
• Article 11 of Convention on the Elimination of all Forms of
Discrimination against Women, to which India is a party, requires
State parties to take all appropriate measures to eliminate
discrimination against women in the field of employment.
• With more and more women joining the workplace, both in
organized and unorganized sectors, ensuring an enabling working
environment for women through legislation is felt imperative by the
govt.
 Definitions:
Sec. 2 (f): “employee”
• means a person employed at a workplace for any work on regular,
temporary, ad hoc or daily wage basis, either directly or through an
agent, including a contractor, with or, without the knowledge of the
principal employer, whether for remuneration or not, or working on a
voluntary basis or otherwise, whether the terms of employment are
express or implied and includes a co-worker, a contract worker,
probationer, trainee, apprentice or called by any other such name.
 T.R. Sahrawani v. K.V. Sangatham
• Central Administrative Tribunal, Delhi held at even though the
respondent may be a part-time temporary employee, his services
cannot be terminated on the ground of sexual harassment without
any inquiry and such action taken against the respondent, in this case,
was considered against natural justice.
  Sec 2(g): “Employer” means:-
i) In relation to any department, organisation, undertaking, establishment,
enterprise, institution, office, branch or unit of the appropriate govt or a
local authority, the head of that department, organisation, undertaking,
establishment, enterprise, institution, office, branch or unit or such other
officer as the appropriate govt or the local authority, as the case may be
ii.)In any workplace not covered under sub-clause (i), any person
responsible for the management, supervision and control of the workplace.
iii.) in relation to workplace covered under sub-clause (i) and (ii), the person
discharging contractual obligations with respect to his or her employees
iv)In relation to a dwelling place or house, a person or a household who
employs or benefits from the employment of domestic worker, irrespective
of the number, time period or type of such worker employed, or the nature
of the employment or activities performed by the domestic worker.
 Sec. 2(n) : “Sexual Harassment”
• includes any one or more of the following unwelcome acts or
behavior (whether directly or by implication) namely;
• Physical contact and advances ; or
• A demand or request for sexual favours; or
• Making sexually coloured remarks; or
• Showing pornography; or
• Any other unwelcome physical, verbal or non-verbal conduct of sexual
nature.
 Apparel Export Promotion Council v. A.K. Chopra
• the Supreme Court explained that, sexual harassment is a form of sex
discrimination projected through unwelcome sexual advances,
request for sexual favours and other verbal or physical conduct with
sexual favours and other verbal or physical conduct with sexual
overtones, whether directly or by implication, particularly when
submission to or rejection of such conduct by the female employee
was capable of being used for affecting the employment of the female
employee.
 Manish Sharma v. Union of India
• Sexual harassment cannot be construed in a narrow sense as it may
include sexual advances and other verbal or physical harassment of a
sexual nature.
 Sec. 2(o) : Workplace
Includes-
• Any department ,organization, undertaking, establishment,
enterprise, institution, office, branch or unit which is established,
owned, controlled or wholly or substantially financed by funds
provided directly or indirectly by the appropriate government or local
authority or a government company or a corporation or a co-
operative society;
• Any private sector organization or a private venture, undertaking,
enterprise, institution, establishment, society, trust, NGO, unit or
service provider carrying on commercial, professional, vocational,
educational, entertainmental, industrial, health services or financial
activities including production, supply, sale, distribution or service;
• Hospitals or nursing homes
• Any sports institute, stadium, sports complex or competition or games
venue, whether residential or not used for training, sports or other
activities relating thereto;
• Any place visited by the employee arising out of or during the course
of employment including transportation provided by the employer for
undertaking such journey;
• A dwelling place or a house
 Saurabh Kumar Mallick. v. The Comptroller and Auditor General of
India
• Held that, it is difficult to define a workplace strictly due to evolution
of workplaces in the modern age. Depending upon the facts and
circumstances of each and every case, one will have to determine
whether a particular place where the alleged incident happened is a
workplace or not.
  Any place visited for official purpose is workplace:
• Women employee may face harassment not only within the physical
boundaries of the workplace but even outside it, which may be during
or in the course of employment- this may include: harassment of co-
worker for from an employee of the one place visited by her in course
of employment or by the third party of such workplace.
 Sec.3: Prevention of sexual harassment
• No woman shall be subjected to sexual harassment at any workplace.
• Following circumstances along with other circumstances may amount to
sexual harassment:
1. Implied or explicit promise of preferential treatment in her
employment; OR
2. implied or explicit threat of detrimental treatment in her employment ;
OR
3. implied or explicit threat about her present or future employment
status ;OR
4. interference with her work or creating an intimidating or offensive or
hostile work environment for her ; OR
5. humiliating treatment likely to affect her health or safety.
 Constitution of Internal
Complaints Committee
Sec.4: Constitution of Internal Complaint Committee
Every employer of a workplace shall , by an order in writing
constitute an Internal Complaints Committee .
• Where the offices of administrative units of the workplace are located
at different places or divisional or sub-divisional level, the internal
committee shall be constituted at all administrative units or offices.
• Members of the ICC:-nominated by the employer:
 A presiding officer who shall be a woman employed at a senior level
at work place from amongst the employees.
• In the absence of a senior woman employee, the presiding officer
shall be nominated from other offices or administrative units of the
workplace.
• in case the other offices or administrative units of the workplace do
not have a senior level woman employee, then the presiding officer
shall be nominated from any other workplace of the same employer
or other department or organization.
 At least two members from amongst employees preferably
committed to the cause of women or who have had experience in
social work or have legal knowledge.
• one member from amongst non-governmental organization or
associations committed to the cause of women or a person familiar with
the issues relating to sexual harassment
• provided that at least one half of the total members nominated shall be
women.
The presiding officer and every member shall hold office for not
exceeding 3 years from the date of their nomination as may be specified
by the employer.
The members appointed from amongst the NGOs shall be paid such
fees and allowances for holding the proceedings of the ICC, by the
employer.
Where the presiding officer or any member of the Internal Committee :
a) contravenes the provisions of sec.16(publication or making known contents
of complaint and inquiry proceedings) or
b) has been convicted for an offence or an inquiry into an offence under any
law, is pending against him, or
c) Has been found guilty in any disciplinary proceedings or a disciplinary
proceedings pending against him
d) Has abused his position as to render his continuance in office prejudice to
public interest-
Such a Presiding officer or member, shall be removed from the committee
and the vacancy so created or any casual vacancy shall be filed by fresh
nomination in accordance with the provisions of this section.
Constitution of Local Complaints
Committee
Sec. 5: Notification of District Officer
Appropriate government may notify- a District Magistrate or
Additional District Magistrate or the Collector or the Deputy collector
as a District Officer for every District to exercise powers or discharge
functions under this Act.
 Sec 6: Constitution and jurisdiction of Local Committee
Every District Officer shall constitute in the concerned district a
Committee known as Local Complaint Committee to receive
complaints of sexual harassment from establishments where Internal
Complaint Committee is not constituted due to having less than 10
workers or if the complaint is against the employer himself.
 the District Officer shall designate one nodal officer in every block,
taluka and tehsil in rural or tribal area and ward or municipality in the
urban area , to receive complaints and forward the same to the Local
Complaint Committee within a period of 7days.
 the jurisdiction of LCC shall extend to the areas of the district where
it is concerned.
 Sec 7: Composition, tenure and other terms and conditions of Local Committee
 the LCC shall consist of following members nominated by the District officer:
 the Chairperson to be nominated from amongst the eminent women in the field
of social work and committed to the cause of women
 one member from amongst the women working in block, taluka or tehsil or
ward or municipality in the district
two members, of whom at least one shall be woman from amongst NGOs or
associations committed to the cause of women or a person familiar with the
issues relating to sexual harassment
at least one of the nominees should have a background in law or legal knowledge
at least one of the nominees shall be a woman belonging to SCs & STs or OBCs or
minority community notified by Central Govt.
 the concerned officer dealing with the social welfare or women and child
development in the district, shall be a ex officio member.
The Chairperson and every member of LCC, shall hold office for a period not
exceeding 3 years, from the date of their appointment as may be specified
officer.
removal from the post:
• Where the Chairperson or any member of the LCC-
 contravenes the provisions of sec.16(publication or making known contents of
complaint and inquiry proceedings) or
has been convicted for an offence or an inquiry into an offence under any law
is pending against him, or
Has been found guilty in any disciplinary proceedings or disciplinary
proceedings is pending against him
Has abused his position as to render his continuance in office prejudicial to the
public interest
 Such chairperson or members of the Local Committee shall be removed.
 Sec.8: Grants and Audit
• The Central Government may make grants to the State Government
of such sums of money for the utilization for the payment of fees or
allowances.
• The State Government may set up an agency to transfer funds to that
agency
• The agency shall pay to the District Officer, such sums as may be
required for the payment of fees and allowances
• The accounts of the agency shall be maintained and audited in
consultation with the Accountant General of the State.
 Complaint
Sec.9:Complaint:
Any aggrieved woman may make complaint to the Internal Complaint Committee- if so
constituted, or the Local Complaint Committee–within a period of 3 months from the
date of incident.
 In case of a series of incidents –within a period of 3 months from the date of last
incident.
In case, the complaint cannot be made in writing, the presiding officer or any member of
the ICC or of LCC, as the case may be, shall render all reasonable assistance to the
woman for making the complaint in writing.
 The ICC or LCC may extend the time limit for making the complaint, if it is satisfied that
the circumstances were such that it prevented the woman from filing a complaint within
the said period.
If the aggrieved woman is unable to make a complaint due to physical or mental
incapacity or death or otherwise, her legal heir or such other person may make a
complaint under this section.
 Sec.10-Conciliation
the ICC or the LCC may, before initiating an inquiry u/s 11 & at the
request of the aggrieved woman take steps to settle the matter
between her and the respondent through conciliation. However, no
monetary settlement shall be made as a basis of conciliation.
If a settlement has been arrived , the ICC or the LCC, shall record the
settlement so arrived and forward the same to the employer or the
district officer to take action as specified in the recommendation.
ICC or LCC shall provide the copies of settlement as recorded, to the
aggrieved woman and the respondent.
If the settlement has been arrived, no further enquiry shall be
conducted by ICC or LCC.
 Sec.11. Inquiry into Complaint
• When complaint has been made u/s 9, the ICC or LCC shall (where the
respondent is an employee) proceed to make inquiry in to the complaint in
accordance with- the provisions of service rules applicable to the respondent and
where no such rules exist- in such manner as may be prescribed
• In the case of domestic worker , the LCC, if prima facie case exist, forward the
complaint to the police, within a period of 7 days for registering the case under
sec.509 of IPC.
• If the aggrieved woman informs the ICC or LCC, that any term or condition of the
settlement arrived u/s 10, has not been complied with by the respondent, the
ICC or LCC shall proceed to make an inquiry into the complaint to the police.
• Also, If both the parties are employees, the parties shall, be given an opportunity
of being heard and a copy of the findings shall be made available to both the
parties enabling them to make representation against the findings before the
committee.
• If the respondent is convicted of the offence, the court may order
payment of such sums as it may consider appropriate, to the
aggrieved woman by the respondent.
• For the purpose of making an inquiry , the ICC and LCC, shall have the
same powers as are vested in a civil court under the CPC,1908 for;
Summoning and enforcing the attendance of any person and
examining him.
Requiring the discovery and production of documents
Any other matter which may be prescribed.
Inquiry shall be completed within a period of 90 days.
 Inquiry into Complaint
Sec12: Action during pendency of Inquiry
 During the pendency of an inquiry, on a written request made by the
aggrieved woman, the ICC or the local committee, may recommend to
the employer to:
i. Transfer the aggrieved woman or the respondent to any other
workplace.
ii. Grant leave to the aggrieved woman for a period of three months
iii. Grant such other relief to the aggrieved woman a may be
prescribed
 The leave granted to the aggrieved woman under this section shall
be in addition to the leave she would be otherwise entitled.
 On the recommendation of the ICC or the LCC, as the case may be,
the employer shall implement the recommendations and send the
report of such implementation to the ICC or LCC, as the case may be.
• Sec. 13 : Inquiry report
• 1. On the completion of an inquiry under this Act, the ICC or LCC, as
the case may be, shall provide a report of its findings to the employer
or to the district officer, as the case may be, within a period of 10 days
from the date of completion of the inquiry and such report shall be
made available to the concerned parties.
• 2. where the ICC or LCC, as the case may be, arrives at the conclusion
that the allegation against the respondent has not been proved–it
shall recommend to the employer or District Officer that no action is
required to be taken in the matter.
• 3. if the allegation against the respondent is proved, the ICC or LCC shall recommend
to the employer or the District Officer-
• to take action for sexual harassment as a misconduct in accordance with the
provisions of the service rules applicable to the respondent
• Where no such service rules have been made, in such manner as may be prescribed.
• to deduct , from the salary or wages of the respondent such sum as it may consider
appropriate to be paid to the aggrieved woman or to her legal heirs as it may
determine as per sec.15
• In case employer is unable to make such deductions from the salary of the
respondent due to him being absent from duty or concession of employment–he may
direct the respondent to pay such sum to the aggrieved woman.
• If respondent fails to pay the sum, ICC or LCC may forward the order for recovery of
the sum as arrear of land revenue to the concerned District Officer.
4. The employer or the District Officer shall act upon the recommendation within 60
days of its receipt by him.
• Sec.14: Punishment for false or malicious complaint and false
evidence
• Where the committees arrives at a conclusion that-
 the allegation against the respondent is malicious or
the aggrieved woman or any other person making the complaint
knowing it to be false or
produced any forged or misleading document-
• it may recommend to the employer or to the District Officer, as the
case may be to take action against the woman or any person who has
made the complaint in accordance with the provisions of the service
rules applicable to her or him.
• Where no service rules exist, in such manner as may be prescribed.
 Sec.15: Determination of compensation
• While determining the compensation, ICC or LCC shall consider:
a. The mental trauma, pain suffering and emotional distress caused to
the aggrieved woman
b. The loss in the career opportunity due to the incident of sexual
harassment
c. Medical expenses incurred by the victim for physical or psychiatric
treatment
d. The income and financial status of the respondent
e. Feasibility of such payment in lump sum or in installments.
 Sec.16: prohibition of publication or making known contents of
complaint and inquiry proceedings
• The contents of the complaint made under sec.9 , the identity and
address of the aggrieved woman, respondent and witnesses, any
information relating to conciliation and inquiry proceedings,
recommendations of the ICC and LCC and the action taken by the
employer or District Officer , shall not be published, communicated
and made known to the public, press and media.
• Information may be disseminated regarding the justice secured to any
victim of sexual harassment without disclosing the name, address,
identity or any other particulars.
 Sec.17: Penalty for publication or making known contents of
complaint and inquiry proceedings
where any person entrusted with the duty to handle or deal with the
complaint, inquiry or any recommendations or actions to be taken
under the provisions of this Act, contravenes the provisions of Sec .16
shall be liable for penalty in accordance with the provisions of the
service rules or any other manner as prescribed.
 Sec.18: Appeal
• any person aggrieved by the recommendations under sec.13,14 or 17
or non implementation of such recommendations may prefer an
appeal to the court or tribunal in accordance with the provisions of
the service rules.
• Appeal should be made within 90 days of the recommendations.
 Duties of employer
Sec 19: Duties of employer
• Every employer shall:
1. Provide a safe working environment at the workplace which shall
include safety from the persons a woman would come in contact with
at the workplace
2. Display a notice at any conspicuous place in the workplace, the penal
consequences of sexual harassments and the order constituting, the
ICC
3. Organise workshops and awareness programmes at regular intervals
for sensitising the employees with the provisions of the Act and
orientation programmes for the members of the ICC in the manner as
may be prescribed.
4. Provide necessary facilities to the ICC or the LCC, to deal with the
Complaint or the LCC, to deal with the complaint and conduct an
inquiry.
5. Provide assistance to secure the attendance of respondent and
witnesses before the ICC or the LCC
6. Make any information regarding a complaint made under this Act
available to the ICC or LCC.
7. Provide assistance to the woman if she chooses to file a complaint in
relation to the offence under IPC or any other law for the time being in
force.
8. Treat sexual harassment as a misconduct under the service rules and
initiate action for such misconduct.
9. Monitor the timely submission of reports by the ICC.
Section 20: Duties and powers of District officer
• The district officer shall:
1. Monitor the timely submission of report furnished by the Local
Committee.
2. Take such measures as may be necessary for engaging non-
governmental organisations for creating awareness on sexual
harassment and the rights of the women.
Sec 21: Committees to submit annual reports
Sec 22: Employer to include information in annual report
Sec 23: Appropriate Govt to monitor implementation and maintain data
Sec 24: Appropriate Govt to take measures to publicise the Act
Sec 25: Power to call for information and inspection of records
Sec 26: Penalty for non-compliance with the provisions of the Act:
• 1. The employer shall be punishable with fine which may extend to 50,000
rupees if he fails to:
i. Constitute an Internal Committee under sec 4 seb-sec 1
ii. Take action under sec 13, 14 and 22
iii. Contravenes or attempts to contravene or abets contravention of other
provisions of this Act or any rules made thereunder
2. If any employer, after having been previously convicted of an offence
punishable under this Act subsequently commits and is convicted of the same
offence, he shall be liable to:
iv. Twice the punishment, which might have been imposed on a first conviction,
v. Cancellation or non-renewal of the licence or registration by the Govt or local
authority required for carrying on any business or activity.