TOPIC – WORKING HOUSE OF ADULTS

LABOUR LAWS -I
FACULTY OF LAW
LUCKNOW UNIVERSITY
SESSION 2020 -2021

SUBMITTED TO: SUBMITTED BY:

R.C .Singh Ved Prakash Rao

UNIVERSITY OF LUCKNOW ROLL NO. 180013015095

I would like to express my special thanks of gratitude to R.C .SINGH who gave me the golden
opportunity to do this wonderful assignment of “Working House of Adults ” who also helped
me in completing my assignment .I am really thankful to him .
Many people especially my classmates, have made valuable comment suggestions on this
proposal which gave us an inspiration to improve my assignment .I am thank all the people for
their help directly and indirectly to complete my assignment .
 Introduction

Working Hours is nothing but the hours for which the worker or employee under a job. It can be on a
daily basis, weekly basis or monthly basis. Earlier, the job description was centered around the pay or
the salary. But now since, the quality of the work is also important for the workers, the aspect of
working hours plays an important role in deciding to opt for a job or not. In order to protect the
workers from the exploitation of the factory owners in respect of working hours, the Factories Act,
1948 states some provisions related to it.

Labour is an important element of industry labor cannot be ignored for the capital the amount the
labor shell do more work the procedure shall be increased in the same amount but the labor
cannot be made to do tremendous labors. This may decrease the efficiency of the laborer. The
working hours and periods of rest are required to be determined. It is the reason that section 51 to
66 of the factories act 1948 mention provision regarding the working hours.
Weekly hours
An adult worker shall be allowed to work only for forty eight hours in any week. (Section 51)
Weekly holidays
Section 52 provides that there shall be holiday for the whole day in every week and such weekly
holiday shall be on the first day of the week. However, such holiday may be substituted for any
one of the three days immediately before or after the first day of the week provided the manger
of the factory has:
(i) delivered a notice at the office of the Inspector; and
(ii) displayed a notice in the factory to this effect.
The effect of all this is that subject to above said conditions (i) and (ii) there shall be a holiday
during ten days. In other words no adult worker shall work for more than ten days consecutively
without a holiday for the whole day. It is not possible for an employer to change the weekly off
solely on the ground that there was no material available for work to be provided on a particular
date, avoiding requirements to be fulfilled under Section 25(m) of Industrial Disputes Act
regarding lay off (LAB IC 1998 Bom. 1790).
Such notices of substitution may be cancelled by an appropriate notice but not later than the day
of weekly holiday or the substituted holiday whichever is earlier.
Compensatory holidays
When a worker is deprived of any of the weekly holiday as result of passing of an order or
making of a rule exempting a factory or worker from the provisions of Section 52, he is entitled
to compensatory holidays of equal number of the holidays so lost. These holidays should be
allowed either in the same month in which the holidays became due or within next two months
immediately following that month. (Section 53)
Daily hours
According to Section 54, an adult worker, whether male or female shall not be required or
allowed to work in a factory for more than 9 hours in any day. Section 54 should be read with
Section 59. In other words, the daily hours of work should be so adjusted that the total weekly
hours does not exceed 48. The liability of the employer under this Section cannot be absolved on
the ground that the workers are willing to work for longer hours without any extra payment.
The daily maximum hours of work specified in Section 54 can be exceeded provided
(i) it is to facilitate the change of shift; and
(ii) the previous approval of the Chief Inspector has been obtained.
Intervals for rest
No adult worker shall work continuously for more than 5 hours unless a rest interval of at least
half an hour is given to him. [Section 55(1)]
The State Government or subject to the control of the State Government the Chief Inspector may,
by written order for the reasons specified therein, exempt any factory, from the compliance of
above provisions to the extent that the total number of hours worked without rest interval does
not exceed six. [Section 55(2)]
Spreadover
Section 56 provides that the daily working hours should be adjusted in such a manner, that
inclusive of rest interval under Section 55, they are not spreadover more than 10-1/2 hours on
any day. Thus, we see this Section restricts the practice of forcing the stay of workers in the
factory for unduly long periods without contravening the provision of Section 54 relating to daily
hours of work.
Proviso to Section 56 provides that the limit may be extended upto 12 hours by the Chief
Inspector for reasons to be specified in writing.
Night shifts
Where a worker in a factory works in night shifts, i.e., shift extending beyond mid-night:
(i) the weekly or compensatory holiday shall be a period of 24 consecutive hours begining when
his shift ends;
(ii) the following day shall be deemed to the period of 24 hours beginning when shift ends, and
the hours he has worked after mid-night shall be counted in the previous day. (Section 57)
Prohibition of overlapping shifts
According to Section 58(1), where the work in any factory is carried on by means of multiple
shifts, the period of shifts should be arranged in such a manner that not more than one relay of
workers is engaged in work of the same kind at the same time.
In case of any factory or class or description of factories or any department or section of a
factory or any category or description of workers, the State Government or subject to the control
of the State Government, the Chief Inspector may, by written order and for specified reasons,
grant exemption from the compliance of the provisions of Section 58(1) on such condition as
may be deemed expedient. [Section 58(2)]
Extra wages for overtime
The following provisions have been made in respect of overtime wages:
Where a worker works in a factory for more than 9 hours in any day or more than 48 hours in
any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his
ordinary rate of wages. [Section 59(1)]
Meaning of ordinary rate of wages
According to Section 59(2) ordinary rate of wages means:
(i) basic wages; plus,
(ii) allowances which include the cash equivalent of the advantage accruing through the
concessional sale to workers of foodgrains and other articles as the worker is for the time being
entitled to, but it does not include a bonus and wages for overtime work.House rent allowance,
though payable to employers who were not provided with accommodation, cannot be taken into
account to calculate overtime wages of employees provided with such accommodation (Govind
Bapu Salve v. Vishwanath Janardhan Joshi, 1995 SCC (L&S) 308). An employer requiring the
workman to work for more than the maximum number of hours overtime work postulated by
Section 64(4)(iv) cannot merely on this ground, deny him overtime wages for such excessive
hours (HMT v. Labour Court, 1994 I LLN 156).
Rate of wages for piece rate workers
Where the workers in a factory are paid on piece rate basis, the time rate shall be deemed to be
equivalent to the daily average of their full-time earnings for the days on which they actually
worked on the same or identical job during the month immediately preceding the calendar month
during which the over-time work was done and such time rates shall be deemed to be the
ordinary rates of wages of those workers.
However, in case of a worker who has not worked in the immediately preceding calendar month
on the same or identical job, the time rate shall be deemed to be equivalent to the daily average
of the earnings of the worker for the days on which he actually worked in the week in which the
overtime work was done. [Section 59(3)]
Restriction on double employment
According to Section 60, no adult worker shall be required or allowed to work in any factory on
any day if he has already been working in any other factory on that day. However, in certain
exceptional circumstances as may be prescribed, the double employment may be permitted.
Notice of period of work for adults
As per Section 61(1), a notice of period of work, showing clearly for everyday the periods during
which adult workers may be required to work, shall be displayed and correctly maintained in
every factory. The display of notice should be in accordance with the provisions of Section
108(2).
(2) The periods shown in the notice shall not contravene the provisions of the Factories Act
regarding:
(a) Weekly hours, Section 51.
(b) Weekly holidays, Section 52.
(c) Compensatory holidays, Section 53.
(d) Daily Hours, Section 54.
(e) Intervals of rest, Section 55.
(f) Spread over of working hours, Section 56 and
(g) Prohibition of overlapping shifts, Section 58.
(3) The periods of work shall be fixed before hand in any of the following ways:
(i) where all the adult workers work during the same periods, the manager of the factory shall fix
those periods for such workers generally; [Section 61(3)]
(ii) where all the adult workers are not working during the same period, the manager of the
factory shall classify them into groups according to the nature of their work indicating the
number of workers in each group; [Section 61(4)]
(iii) the manager shall fix periods of work for each such group provided they are not working on
shift basis; [Section 61(5)]
(iv) where any group is working on a system of shifts, periods shall be fixed, by the manager,
during which each relay of the group may work provided such relays are not subject to
predetermined periodical changes of shift; [Section 61(6)]
(v) where the relays are subject to predetermined periodical changes of shifts, the manager shall
draw up a scheme of shifts, whereunder the periods during which any relay of the group may be
required to work and the relay which will be working at any time of the day shall be known for
any day. [Section 61(7)]
(4) The form of such notice and the manner in which it shall be maintained, may be prescribed
by the State Government. [Section 61(8)]
(5) Any proposed change in the system of work in the factory, which necessitates a change in the
notice, shall be notified to the Inspector in duplicate before the change is made. No such change
shall be made except with the previous sanction of the Inspector and that too until one week has
elapsed since the last change, [Section 61(10)]. This provision intends to prevent sudden
variations or casual alterations in the periods of work.
Register of adult workers
The manager of every factory shall maintain a register of adult workers to be available to the
Inspector at all times during working hours containing the following particulars:
(i) the name of worker;
(ii) the nature of his work;
(iii) the group, if any, in which he is included;
(iv) where his group works on shifts, the relay to which he is allotted; and
(v) other particulars as may be prescribed.
Where any factory is maintaining a muster roll or a register which contains the above mentioned
particulars, the Inspector may, by order in writing, direct that such muster roll or register shall be
maintained in place of and be treated as the register of adult workers in that factory (Section 62).
Further, an adult worker shall not be required or allowed to work in the factory unless his
particulars have been entered in this register. [Section 62(IA)]
Inspection of the register
Section 62(1) empowers the Inspector to demand the production of register of adult workers at
all times during working hours or when any work is being carried on in the factory. It is the duty
of the manager to produce the register when demanded at the time of inspection. If the manager
does not happen to be on the premises at the time of inspection he should make arrangement that
the register is made available to the inspector. The evident intention of the legislature is that the
register should be at the place where the work is going on. Thus, where a manager is absent at
the time of inspection of the factory by the inspector and the assistant manager, who is present at
that time fails to produce register on demand, the manager has committed breach of Section 62.
Effect of entry in the register
If the name of any person is entered in the register of adult workers, it is a conclusive evidence
that the person is employed in the factory. In other words, there is a presumption that the person
whose name appears in the attendance register, is employed in the factory.
Liability to maintain register
The liability to maintain register of adult workers has been imposed on the manager of the
factory. The occupier cannot be held liable for failure of the manager to maintain the register.
But if somebody else has been made responsible for maintaining such register, manager can
plead under Section 101 that the offence was committed by another person including the
occupier.
Hours of work to correspond with notice under Section 61 and register under Section 62
No adult worker shall be required or allowed to work in any factory otherwise than in accordance
with the notice of period of work for adults displayed in the factory and the entries made before
had against his name in the register of adult workers of the factory. (Section 63)
Presence of worker during rest period
Where a worker is merely present during the rest period as notified or is found working during
that period, there is no contravention of Section 63 and hence not punishable.
Power to make exempting rule
1. The regime could create rules process the persons UN agency hold positions of oversight
or management or area unit utilized in an exceedingly confidential position in an
exceedingly industrial plant or empowering the Chief Inspector to declare a person, aside
from someone outlined by such rules, as someone holding position of oversight or
management or utilized in an exceedingly confidential position in an industrial plant if,
within the opinion of the Chief Inspector, such person holds such position or is thus
employed, and therefore the provisions of this Chapter, aside from the provisions of
clause (b) of sub-section (1) of section 66 and of the proviso to that sub-section, shall not
apply to any person so defined (or declared). provided that a person thus outlined or
declared shall, wherever the normal rate of wages of such person does not exceed the
wage limits per sub-section (6) of section 1 of the Payment of Wages Act, 1936 (4 of
1936), as amended from time to time, be entitled to extra wages in respect of overtime
work under section 59.
2. The regime could create rules in respect of adult employees in factories providing for the
exemption, to such extent and subject to such conditions as could also be prescribed:
• Of employees acting on imperative repairs, from the provisions of sections 51, 52, 54,
55 and 56;
• Of employees engaged in add the character of preparative or complementary work
that should essentially be carried on outside the boundaries set down for the overall
operating of the industrial plant, from the provisions of sections 51, 54, 55, and 56.
 • Of employees engaged in work that is essentially thus intermittent that the intervals
throughout that they are doing not work whereas on duty commonly quantity to over
the intervals for rest required by or under section 55, from the provisions of sections
51, 54, 55 and 56.
• Of employees engaged in any work that for technical reasons should be carried on
incessantly from the provisions of sections fifty-one, 52, 54, 55, and 56;
• Of employees engaged in creating or provision articles of prime necessity that should
be created or provided a day, from the provisions of section fifty-one and section 52.
• Of employees engaged in an exceedingly producing method that can’t be carried on
except throughout mounted seasons, from the provisions of section f51, section 52
and section 54.
• Of employees engaged in an exceedingly producing method that can’t be carried on
except every now and then passionate about the irregular action of natural forces,
from the provisions of section 52 and 55.
• Of employees engaged in engine-rooms or boiler-houses or in going to power-plant or
transmission machinery, from the provisions of section fifty-one and section 52.
• Of employees engaged within the printing of newspapers, UN agency area unit
delayed on account of the breakdown of machinery, from the provisions of sections
51, 54 and 56.
• Explanation: During this clause, the expression “newspapers” has the which means
assigned thereto within the Press and Registration of Books Act, 1867 (25 of 1867);
• Of employees engaged within the loading or unloading of railway wagons, or lorries
or trucks, from the provisions of sections 51, 52, 54, 55 and 56.
• Of employees engaged in any work, that is notified by the regime within the Official
Gazette as a piece of national importance, from the provisions of section 51, section
52, section 54, section 51 and section 56.
3. Rules made under sub-section (2) providing for any exemption may also provide for any
consequential exemption from the provisions of section 61 which the State Government
may deem to be expedient, subject to such conditions as it may prescribe.
4. In creating rules underneath this section, the State Government shall not exceed, except
in respect of exemption under clause (a) of sub-section (2), the following limits of work
inclusive of overtime:
• The entire variety of hours of labor in any day shall not exceed ten.
• The spread over, inclusive of intervals for rest, shall not exceed twelve hours in any
one day: provided that the government could, in respect of any or all of the classes of
employees noted in clause (d) of sub-section (2), build rules prescribing the
circumstances in which, and therefore the conditions subject to that, the restrictions
obligatory by clause (i) and clause (ii) shall not apply so as to change a shift
employee to figure the whole or a part of a resulting shift within the absence of an
employee World Health Organization has didn’t report for duty.
• The entire range of hours of labor during a week, including overtime, shall not exceed
sixty.
• The entire range of hours of overtime shall not exceed fifty for anybody quarter.
Explanation: “Quarter” means that an amount of 3 consecutive months starting on the
first of January, the 1st of April, the 1st of July or the 1st of October.
5. Rules created below this section shall stay effective for less than five years
Power to make exempting orders
1. Wherever the government is happy that owing to the nature of the work carried on or to
other circumstances, it is unreasonable to require that the periods of work of an adult
worker in any factory or class or description of factories should be fixed beforehand, it
may, by written order, relax or modify the provisions of section 61 in respect of such staff
during this, to such extent and in such manner because it might imagine work, and
subject to such conditions because it might view as expedient to ensure control over
periods of work.
2. The govt. or, subject to the management of the government, the Chief Inspector might, by
written order exempt, on such conditions because it or he might reckon expedient, any or
all of the adult workers in any factory or group or a class or description of factories from
any or all of the provisions of section 51, 52, fifty-four Associate in Nursingd fifty six on
the bottom that the exemption is needed to change the manufacturing plant or factories to
handle an exceptional press of labor. Any exemption granted under sub-section (2) shall
be subject to the following conditions, namely:
• The entire range of hours of labor in any day shall not exceed twelve;
• The spread over, inclusive of intervals for rest, shall not exceed thirteen hours in any
one day;
• The entire range of hours of labor in any week, including overtime, shall not exceed
sixty;
• No employee shall be allowed to figure overtime, for over seven days at a stretch and
therefore the total range of hours of overtime add any quarter shall not exceed
seventy-five.
Explanation: In this sub-section “quarter” has the same meaning as in subsection (4) of section
64.
Further restrictions on the employment of women
1. The provisions of this Chapter shall, in their application to women in factories, be
supplemented by the following further restrictions, namely:
• No exemption from the provisions of section 54 is also granted in respect of any
woman;
• No lady shall be required or allowed to figure in any factory except between the hours
of 6 A.M. and 7 P.M. provided that the govt. may, by notification within the Official
Gazette, in respect of any industrial plant or cluster or category or description of
factories, vary the boundaries arranged down in clause (b), however, so no such
variation shall authorize the utilization of any lady between the hours of ten P.M. and
5 A.M.
• There shall be no modification of shifts except when a weekly vacation or the other
vacation.
2. The government could build rules providing for the exemption from the restrictions
kicked off in sub-section (1), to such extent and subject to such conditions as it may
prescribe, of ladies operating in fish-curing or fish-canning factories, wherever the use of
ladies on the far side the hours laid out in the same restrictions is important to stop injury
to or deterioration in, any raw material.
3. The rules made under sub-section (2) shall remain in force for not more than three years
at a time.
CONCLUSION

The current Factories Act in operation has given sufficient advantages to the factory
workers. It has significantly bettered their working and employment conditions. The
Government is effectively considering the acquaintance of some vital amendments to the
Act to keep it in line with the time and make it progressively viable while managing the
obligations of the Occupier and Factory Manager under Factories Act 1948
Out and out we can conclude that the Occupier and Factory Manager has an essential task
to carry out in guaranteeing the wellbeing, security, and government assistance of the
laborers as they are the foundation of the industrial sector. It is, however essential that the
workers and their delegates make themselves mindful of the different provisions of the
Act and protect their inclinations on their own and force the defaulting employer to be
aware of his legal commitments.
 Bibliography

https:www.ilo.org
Labour and industrial law by S.N.Misra
K.M.Pillai, Labour and Industrial Laws
https:labour.gov.in