Page 285 - DCOM404_CORPORATE_LEGAL_FRAMEWORK
P. 285

Corporate Legal Framework




                                   2.  It shall be the duty of such occupier, agent, manager or the person in charge of the factory
                                       or process to take immediate remedial action, if he is satisfied about the existence of such
                                       imminent danger and send a report forthwith of the action taken to the nearest Inspector.
                                   3.  If the occupier, agent, manager or the person in charge referred to in Sub-section (2) is not
                                       satisfied about the existence of any imminent danger as apprehended by the worker, he
                                       shall, nevertheless, refer the matter forthwith to the nearest Inspector whose decision on
                                       the question of the existence of such imminent danger shall be final.

                                   12.7 Recommendation of the National Commission on Labour


                                   The Government of India has set up the second national labour on 15th October, 1999. The
                                   commission has made valuable suggestions to improve the harmonious relations among the
                                   laborers working in the factory premises. It is an umbrella of the legislation to ensure a minimum
                                   level of protection to the workers in the unorganized sector. It has recommended that-

                                   1.  Existence of child labour in hazardous industries is a major obstacle for Indian government
                                       and steps should be taken to eradicate it from the country. For this, a special scheme of
                                       establishing the special schools to provide the non-formal education, vocational training,
                                       supplementary nutrition,  stipends, health  care,  etc.  should be  provided  to  children
                                       withdrawn from employment in hazardous industries.
                                   2.  Ministry of labour  in 1978  formulated a  scheme for  the rehabilitation of the  bonded
                                       laborers. The responsibility for the identification, release and rehabilitation  of the free
                                       bonded laborer rest entirely with the  state government. Bonded laborers on release is
                                       paid immediately   1000/- as subsistence allowance and is rehabilitated as per the situation
                                       with a rehabilitation packages of   10,000 keeping in view the price escalation and increase
                                       in the cost of the rehabilitation packages.
                                   3.  With  the intention  to focus  on  the heath  of  the women  workers &  to improve  their
                                       conditions, a women cell has been set up which provides the opportunities for increasing
                                       the employment  opportunities for women & providing grants & aids to the voluntary
                                       organizations for carrying out the research on the problems faced by the women workers.
                                       It also  helps the women to be aware  of their rights and opportunities so as to become
                                       economically independent.
                                   4.  To achieve for the occupational safety and health of the workers, the Directorate General
                                       of Mines Safety (DGMS) and Directorate General of Factory Advice Services and labour
                                       Institutes( DGFASLI) have been set-up in mines, ports and factories. It monitors the working
                                       environment, man-machinery interface training and safety requirements of the workers.
                                   5.  It also recommended that the formation of the craft and occupation trade unions should be
                                       discouraged and formation of the industrial trade unions and industrial federations should
                                       be encouraged.

                                   6.  Penalties may be legally  provided to  curb a  management policy  of victimization and
                                       similar unfair labour practices which prevent the emergencies of internal leadership.

                                   7.  It also  entrusts  the  labour bureau  to  be  responsible for  collection, compilation and
                                       publication of the labour statistics and other information regarding employment, wages,
                                       earnings, industrial relations, working conditions, etc. It also complies and publishes the
                                       data related to consumer price index numbers for industrial and agriculture workers.
                                   8.  It also recommends educating the workers to help them avoid the wasteful expenditure,
                                       adopting cost effectiveness  and by enhancing productivity of the qualitative nature.  It




          280                               LOVELY PROFESSIONAL UNIVERSITY
   280   281   282   283   284   285   286   287   288   289   290